Imatges de pàgina
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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, [and others]. . . 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 ... [and others]... by this our present Charter . . . do Give, Grant and Confirm unto the said Edward Earl of Clarendon . . . [and others]... 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 degres 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. . . .

3d. And furthermore, the Patronage and Advowsons of all the Churches and Chapels, which as Christian Religion shall increase within the Country . . . 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, Liber

ties, Immunities and Franchises of what kind soever, within the Countries, Isles, Islets, and Limits aforesaid.

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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. . . [and others] their heirs and assigns, We do by these Presents. . . 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 . . . 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), . . . 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.

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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 that region, Know ye, that we . . . do . . . erect, incorporate and ordain the same into a Province, and call it the Province of Carolina ... (and forasmuch as we have hereby made and ordained the aforesaid Edward, Earl of Clarendon . . . [and others] . . . the true Lords and Proprietors of all the Province aforesaid; Know ye, therefore moreover, that we . . . do grant full and absolute power by virtue of these presents, to them. . . 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 ... [and others] . . . shall from time to time assem

ble 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. . . .

6th. And because such assemblies of freeholders cannot be so conveniently called, as there may be occasion to require the same, we do, therefore, by these presents, give and grant unto the said Edward, Earl of Clarendon . . . [and others]. . . by themselves or their magistrates, in that behalf lawfully authorized, full power and authority, from time to time to make and ordain fit and wholesome Orders and Ordinances, within the Province aforesaid, to be kept and observed as well for the keeping of the peace, as for the better government of the people there abiding, and to publish the same to all to whom it may concern; which ordinances, we do by these presents streightly charge and command to be inviolably observed within the said Province, under the penalties therein expressed, so as such Ordinances be reasonable, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our Kingdom of England, and so as the same ordinances do not extend to the binding, charging, or taking away of the right or interest of any person or persons, in their freehold, goods or chattels whatsoever.

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9th. Provided nevertheless, . . . and we .. by these presents do give and grant unto the said Edward Earl of Clarendon .. [and others]. . ., full and free license, liberty, and authority, at any time or times, from and after the feast of St. Michael the Arch-Angel, which shall be in the year of our Lord Christ, one thousand, six hundred, sixty and seven, as well to import, and bring into any of our Dominions from the said Province of Carolina, or any part thereof, the several goods and commodities, hereinafter mentioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds, oyl, and olives, without paying or answering to us. . any custom, import, or other duty, for and in respect thereof for and during the term and space of seven years, to commence and be accompted, from and after the first importation of four tons of any the said goods, in any one bottom, ship or vessel from the said Province, into any of our Dominions; as also to export and carry out of any of our Dominions, into the said Province of Carolina, custom free, all sorts of tools which shall be usefull or necessary for the planters

there, in the accommodation and improvement of the premises, any thing before, in these presents contained, or any law, act, statute, prohibition, or other matter, or anything heretofore had, made, enacted or provided, or hereafter to be had, made, enacted for provided to the contrary, in any wise notwithstanding.

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13th. And because many persons born, or inhabiting in the said Province, for their deserts and services, may expect and be capable of marks of honour and favour, which, in respect of the great distance, cannot be conveniently conferred by us; do. . . give and grant unto the said Edward Earl of Clarendon .. [and others] . . . full power and authority, to give and confer, unto and upon, such of the inhabitants of the said Province, as they shall think do, or shall merit the same, such marks of favour and titles of honour as they shall think fit, so as these titles of honour be not the same as are enjoyed by, or conferred upon any the subjects of this our Kingdom of England. give and 14th. And further also, we do by these presents, grant license to them. . . full power, liberty and license to erect, raise and build within the said Province and places aforesaid, or any part or parts thereof, such and so many forts, fortresses, castles, cities, buroughs, towns, villages and other fortifications whatsoever, and the same or any of them to fortify . . . and also to place, constitute and appoint in and over all or any of the castles, forts, fortifications, cities, towns and places aforesaid, governors, deputy governors, magistrates, sheriffs and other officers, civil and military, as to them shall seem meet, and to the said cities, buroughs, towns, villages, or any other place, or places within the said Province, to grant "letters or charters of incorporation," with all liberties, franchises and priviledges, requisite and usefull, or to or within any corporations, within this our Kingdom of England, granted or belonging; and in the same cities, buroughs, towns and other places, to constitute, erect and appoint such and so many markets, marts and fairs, as shall in that behalf be thought fit and necessary; and further also to erect and make in the Province aforesaid, or any part thereof, so many mannors, as to them shall seem meet and convenient.

18th. And because it may happen that some of the people and inhabitants of the said Province, cannot in their private opinions,

conform to the publick exercise of religion, according to the liturgy form and ceremonies of the Church of England, or take and subscribe the oath and articles, made and established in that behalf, and for that the same, by reason of the remote distances of these places, will, we hope, be no breach of the unity and uniformity established in this nation; our will and pleasure therefore is, and we do by these presents . . . give and grant unto the said Edward, Earl of Clarendon . . . [and others]. . . full and free license, liberty and authority, by such legal ways and means as they shall think fit, to give and grant unto such person or persons, inhabiting and being within the said Province, or any part thereof, who really in their judgments, and for conscience sake, cannot or shall not conform to the said liturgy and ceremonies, and take and subscribe the oaths and articles aforesaid, or any of them, such indulgencies and dispensations in that behalf, for and during such time and times, and with such limitations and restrictions as they . . . shall in their discretion think fit and reasonable; and with this express proviso, and limitation also, that such person and persons, to whom such indulgencies and dispensations shall be granted as aforesaid, do and shall, from time to time declare and continue, all fidelity, loyalty and obedience to us, our heirs and successors, and be subject and obedient to all other the laws, ordinances, and constitutions of the said Province, in all matters whatsoever, as well ecclesiastical as civil, and do not in any wise disturb the peace and safety thereof, or scandalize or reproach the said liturgy, forms, and ceremonies, or any thing relating thereunto, or any person or persons whatsoever, for or in respect of his or their use or exercise thereof, or his or their obedience and conformity, thereunto.

No. 27. Charter of Rhode Island and Providence Plantations

July 8/18, 1663

IN January, 1661, John Clarke, sometime agent of Rhode Island in England, presented a petition for a royal charter for that colony. The promptness of Rhode Island in proclaiming Charles II., and the willingness of the king to restrain the ambitions of Massachusetts, caused the petition to

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