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Upon this above mentioned agreement, made with seven of the Lords Proprietors, to surrender their title and interest to his Majesty, and the same being established and confirmed by the said act of Parliament, his Majesty was pleased to give his royal commission under the broad seal of England, unto the above mentioned Robert Johnson, Esq. constituting him Governor of this Province, with the usual full and ample powers given to the other Governors of the King's plantations.
His Excellency Robert Johnson, Esq., arriving at this Province in the month of December, 1730, he published his commission, and took upon him the Government of this Province, and hath passed several acts which are contained in the first part of this collection, from number 543 to 577 inclusive, and in the second part containing the temporary acts, from number 12 to 36 inclusive.
coSTENTS OF THE FIRST CHARTER OF CAROLINA, 1663.
Section 1. The Proprietors therein named having besought King Charles the Second for leave to make a Colony in America, not yet cultivated or lanted, • . 2d. The King gives, grants and confirms to them all that Territory in America, bounded within 36 and 31 degrees of North Latitude, and West as far as the South Sea, 3d. With Patronage, Jurisdictions and Privileges. 4th. Creating them Lords and Proprietors of the said Province, in free and common Soccage. - 5th. The said country and Islands erected into the Province of Carolina. Power granted to enact Laws for the whole Province, or any part thereof. And to appoint Judges, Justices, Magistrates, and Officers. 6th. And until Assemblies of Freeholders be called, the said Proprietors to make orders and Ordinances. 7th. License to all the King's liege people to transport themselves to said Province. 8th. Licence to freight to every port, and transport goods, wares and merchandizes, saving to the King the customs and duties. 9th. Sundry goods to be imported and oned duty free. 10th. Ports and harbours to be constituted. 11th. Subsidies to belong to the Lords Proprietors. 12th. The Lords Proprietors may grant the Premises in fee simple, fee tayle, for life or for years, to any person or persons, to be held of the Proprietors, 13th. And confer any titles of honour not used in England. 14th. And to erect Forts, Castles, Cities, Towns, Fortifications, &c. 15th. To levy, muster and train men, make war, &c. 16th. And to exercise Martial Law. 17th. The Province of Carolina and its inhabitants to be subject to the Crown of England. 18th. The Lords Proprietors empowered to grant liberty of conscience. 19th. In cases of doubts or questions, the interpretation to be most favourable to the Lords Proprietors.
THE FIRST CHARTER GRANTED BY KING CHARLES THE
CIHARLES THE SECOND, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.—To all to whom these Presents shal/ come—GREETING:
1st. Where as our right trusty, and right well beloved Cousins and Counsellors, Edward, Earl of Clarendôn, our high Chancellor of England, and George, Duke of Albemarle, Master of our horse and Captain General of all our Forces, our right trusty and well beloved William Lord Craven, John Lord Berkley, our right trusty and well beloved Counsellor, Anthony Lord Ashley, Chancellor of our Exchequer, Sir George Carteret, Knt. and Baronet, Vice Chamberlain of our household, and our trusty and well beloved Sir William Berkley, Knt. and Sir John Colleton, Knight and Baronet, being excited with a laudable and pious zeal for the Propagation of the Christian Faith, and the Enlargement of our Empire and Dominions, have humbly besought leave of us by their industry and charge, to transport and make an ample Colony of our subjects, natives of our Kingdom of England, and elsewhere within our Dominions, unto a certain country hereafter described, in the parts of America not yet cultivated or planted, and only inhabited by some barbarous people, who have no knowledge of Almighty God.
2d. And whereas the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, have humbly besought us to give; grant and confirm unto them and their heirs, the said country, with Priviledges and Jurisdictions requisite for the good government and safety thereof; KNow YE, therefore, that we, favouring the pious and noble purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, of our special grace, certain knowledge and meer motion, have Given, Granted and Confirmed, and by this our present Charter, for us, our heirs and succesors, do Give, Grant and Confirm unto the said Edward Earl of Clarendon, George, Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, all that territory or tract of ground, scituate, lying and being within our dominions of America, extending from the North end of the Island called Lucke-Island, which lieth in the Southern Virginia Seas, and within six and thirty degrees of the Northern Latitude, and to the West as far as the South Seas, and so Southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of Northern Latitude, and so west in a direct line as far as the South seas aforesaid; together with all and singular Ports, Harbours, Bays, Rivers, Isles, and Islets belonging to the country aforesaid; and also all the Soil, Lands, Fields, Woods, Mountains, Fields, Lakes, Rivers, Bays and Islets, scituate or being within the bounds or limits aforesaid, with the fishing of all sorts of Fish, Whales, Sturgeons, and all other Royal Fishes in the Sea, Bays, Islets and Rivers within the premises, and the Fish therein taken ; and moreover all Veins, Mines, Quarries, as well discovered as not discovered, of Gold, Silver, Gems, precious Stones, and all other whatsoever, be it of Stones, Metals or any other thing whatsoever, found or Too Finst to be found within the countries, isles and limits aforesaid. Ch.ARTE it. 3d. And furthermore, the Patronage and Advowsons of all the Churches S*Y** and Chapels, which as Christian Religion shall increase within the Country, Isles, Islets and Limits aforesaid, shall happen hereafter to be erected, together with license and power to build and found Churches, Chappels and Oratories, in convenient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated according to the Ecclesiastical laws of our Kingdom of England, together with all and singular the like, and as ample Rights, Jurisdictions, Priviledges, Prerogatives, Royalties, Liberties, Immunities and T'ranchises of what kind soever, within the Countries, Isles, Islets, and Limits aforesaid. 4th. To have, use, exercise and enjoy, and in as ample manner as any Bishop of Durham in our Kingdom of England, ever heretofore have held, used or enjoyed, or of right ought or could have, use, or enjoy. And them, the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven,John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, We do by these Presents, for us, our heirs and successors, make, create and constitute,the true and Absolute Lords Proprietors of the Country aforesaid, and of all other the premises; saving always the faith, allegiance and sovereign dominion due to us, our heirs and successors, for the same, and saving also the right, title, and interest of all and every our subjects of the English nation, which are now planted within the limits and bounds aforesaid, (if any be). To have, hold, possess and enjoy the said Country, Isles, Islets, and all and singular other the Premises, to them the said Edward, Earl of Clarendon, George, Duke of Albemarle,William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, Sir John Colleton, their heirs and assigns forever, to be holden of us, our heirs and successors, as of our Manner of East Greenwich in our County of Kent, in free and common Soccage, and not in capite, or by Knight service; yielding and paying yearly to us, our heirs and successors, for the same, the yearly rent of twenty marks of lawful money of England, at the feast of All-Saints, yearly forever, the first Payment thereof to begin and to be made on the feast of All-Saints, which shall be in the year of our Lord one thousand, six hundred and sixty-five, and also the fourth part of all gold or silver ore, which, within the limits aforesaid, shall from time to time happen to be found. 5th. And that the country, thus by us granted and described, may be dignified by us with as large Titles and Priviledges as any other part of our Dominions and territories in thattegion, Know ye, that we of our further grace, certain knowledge, and meer motion, have thought fit to erect the same tract of ground, county, and island, into a Province, and out of the fulness of our royal Power and Prerogative, We do, for us, our heirs and successors, erect, incorporate and ordain the same into a Province, and call it the Province of Carolina, and so from henceforth will have it called ; and forasmuch as we have hereby made and ordained the aforesaid Edward, Earl of Clarendon, George, Duke of Albemarle,William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, the true Lords and Proprietors of all the Province aforesaid; Know ye, therefore moreover, that we, reposing especial trust and confidence in their Fidelity, Wisdom, Justice and provident Circumspection, for us our heirs and successors, do grant full and absolute power by virtue of these presents, to them the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord
Berkley, Anthony,Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, for the good and happy Government of the said Province, to ordain, make, enact, and under their seals to publish any laws whatsoever, either appertaining to the publick state of the said Province, or to the private utility of particular persons, according to their best discretion, of and with the advice, assent and approbation of the Freemen of the said Province, or of the greater part of them, or of their Delegates or Deputies, whom for enacting of the said laws, when and as often as need shall require, we will that the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley,Sir George Carteret,Sir William Berkley,and Sir John Colleton, and their heirs, shall from time to time assemble in such manner and form as to them shall seem best, and the same laws duly to execute upon all people within the said Province and limits thereof, for the time being, or which shall be constituted under the power and government of them or any of them, either sailing towards the said Province of Carolina, or returning from thence towards England, or any other of our, or foreign dominions, by imposition of penalties, imprisonment, or any other punishment; yea, if it shall be needfull, and the quality of the offence requires it, by taking away member and life, either by them, the said Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, or by them or their Deputies, Lieutenants, Judges, Justices, Magistrates, Officers and Members to be ordained or
appointed according to the tenor and true intention of these presents; and
likewise to appoint and establish any Judges or Justices, Magistrates or Of.