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Updated: June 8, 2025
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, Forms and Ceremonies of the Church of England, or take or subscribe the Oaths and Articles made and established in that Behalf: And for that the same, by reason of the remote Distances of those Places, will, as we hope, be no Breach of the Unity, and Conformity, Established in this Nation; Our Will and Pleasure therefore is, and We do by these Presents for Us, Our Heirs, and Successors, Give and Grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and free Licence, Liberty and Authority, by such Ways and Means as they shall think fit, To Give and Grant unto such Person and Persons, Inhabiting, and being within the said Province or Territory, hereby or by the said recited Letters Patents, mentioned to be granted as aforesaid, or any Part thereof, such Indulgencies and Dispensations, in that Behalf, for, and during such Time and Times, and with such Limitations and Restrictions, as they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs, or Assigns, shall in their Discretion think fit and reasonable.
And because that in so remote a Country, and Situate among so many Barbarous Nations, the Invasions as well of Savages as other Enemies, Pirates, and Robbers may probably be feared; Therefore We have Given, and for Us, Our Heirs and Successors do give Power by these Presents, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs or Assigns by themselves, or their Captains, or their Officers to Levy, Muster and Train up all sorts of Men, of what Condition soever, or wheresoever Born, whether in the said Province, or elsewhere, for the Time being; and to make War and pursue the Enemies aforesaid, as well by Sea, as by Land; yea, even without the Limits of the said Province, and by God's Assistance, to Vanquish and Take them, and being Taken, to put them to Death by the Law of War, and to save them at their Pleasure; And to do all and every other thing, which to the Charge and Office of a Captain General of an Army belongeth, or hath accustomed to belong, as fully and freely as any Captain General of an Army hath had the same.
And furthermore, That Our Subjects of this Our said Kingdom of England, and other our Dominions, may be the rather encouraged to undertake this Expedition, with ready and chearful Minds; Know Ye, That We, of Our especial Grace, certain Knowledge and meer Motion, do give and grant, by virtue of these Presents, as well to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, and their Heirs, as unto all others as shall, from time to time, repair unto the said Province or Territory, with a Purpose to inhabit there, or to trade with the Natives thereof; Full Liberty and License to lade and freight in every Port whatsoever, of Us, our Heirs and Successors; and into the said Province of Carolina, by them, their Servants and Assigns, to transport all and singular, their Goods, Wares and Merchandizes; as likewise, all sort of Grain whatsoever, and any other Thing whatsoever, necessary for their Food and Cloathing, not prohibited by the Laws and Statutes of our Kingdom and Dominions, to be carried out of the same, without any Lett or Molestation of Us, our Heirs and Successors, or of any other our Officers or Ministers whatsoever; saving also to Us, our Heirs and Successors, the Customs, and other Duties and Payments due for the said Wares and Merchandizes, according to the several Rates of the Place from whence the same shall be transported.
And further also, We do by these Presents, for Us, Our Heirs and Successors, give and Grant, License to them the Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, 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, Boroughs, Towns, Villages and other Fortifications whatsoever; and the same or any of them to Fortify and Furnish with Ordnance, Powder, Shot, Armour and all other Weapons, Ammunition and Habiliments of War, both Defensive and Offensive, as shall be thought fit and convenient for the Safety and Welfare of the said Province, and Places, or any Part thereof; and the same, or any of them, from Time to Time, as Occasion shall require, to Dismantle, Disfurnish, Demolish and Pull down; And also to Place, Constitute and Appoint in, or over all, or any of the said Castles, Forts, Fortifications, Cities, Towns and Places aforesaid, Governours, Deputy Governours, Magistrates, Sheriffs and other Officers, Civil and Military, as to them shall seem meet; and to the said Cities, Boroughs, Towns, Villages, or any other Place or Places, within the said Province or Territory, to Grant Letters or Charters of Incorporation, with all Liberties, Franchises and Privileges requisite, or usual, to, or within this our Kingdom of England granted, or belonging; And in the same Cities, Boroughs, 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 or Territory aforesaid, or any Part thereof, so many Mannors with such Signories as to them shall seem meet and convenient, and in every of the same Mannors to have and to hold a Court-Baron, with all Things whatsoever, which to a Court-Baron do belong, and to have and to hold Views of Frank Pledge, and Court-Leet, for the Conservation of the Peace, and better Government of those Parts, with such Limits, Jurisdiction and Precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, or their Heirs, shall be appointed for that purpose, with all things whatsoever, which to a Court-Leet, or view of Franck Pledge, do belong; the same Courts to be holden by Stewards, to be Deputed and Authorized by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, or their Heirs, by the Lords of the Mannors and Leets, for the Time being, when the same shall be Erected.
Now, know Ye, that We, at the Humble Request of the said Grandees in the aforesaid Letters Patents named, and as a farther Mark of Our especial Favour towards them, We are Graciously Pleased to Enlarge Our said Grant unto them, according to the Bounds and Limits hereafter Specifyed, and in Favour to the Pious and Noble Purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, all that Province, Territory, or Tract of Ground, situate, lying, and being within Our Dominions of America aforesaid, extending North and Westward, as far as the North End of Carahtuke River, or Gulet, upon a streight Westerly Line, to Wyonoake Creek, which lies within, or about the Degrees of Thirty Six, and Thirty Minutes Northern Latitude, and so West, in a direct Line, as far as the South Seas; and South and Westward, as far as the Degrees of Twenty Nine Inclusive Northern Latitude, and so West in a direct Line, as far as the South Seas; together with all and singular Ports, Harbours, Bays, Rivers and Islets, belonging unto the Province or Territory, aforesaid.
And because such Assemblies of Free-holders cannot be so suddenly 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, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, by themselves or their Magistrates in that Behalf, lawfully authorized, full Power and Authority from Time to Time, to make and ordain fit and wholsome Orders and Ordinances, within the Province or Territory aforesaid, or any County, Barony or Province, of or within the same, 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 same Province, Counties, Territories, Baronies, and Provinces, 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.
And also, to ordain, make and enact, and under their Seals, to publish any Laws and Constitutions whatsoever, either appertaining to the publick State of the said whole Province or Territory, or of any distinct or particular County, Barony or Colony, of or within the same, or to the private Utility of particular Persons, according to their best Discretion, by and with the Advice, Assent and Approbation of the Freemen of the said Province or Territory, or of the Freemen of the County, Barony or Colony, for which such Law or Constitution shall be made, or the greatest 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 Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, and their Heirs or Assigns, 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 or Territory, County, Barony or Colony, and the Limits thereof, for the Time being, which shall be constituted under the Power and Government of them, or any of them, either sailing towards the said Province or Territory 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 needful, and the Quality of the Offence require it, by taking away Member and Life, either by them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, and their Heirs, or by them or their Deputies, Lieutenants, Judges, Justices, Magistrates, or Officers whatsoever, as well within the said Province, as at Sea, in such Manner and Form, as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, and their Heirs, shall seem most convenient: Also, to remit, release, pardon and abolish, whether before Judgment or after, all Crimes and Offences whatsoever, against the said Laws; and to do all and every other Thing and Things, which unto the compleat Establishment of Justice, unto Courts, Sessions and Forms of Judicature, and Manners of proceedings therein, do belong, altho' in these Presents, express Mention is not made thereof; and by Judges, to him or them delegated to award, process, hold Please, and determine in all the said Courts and Places of Judicature, all Actions, Suits and Causes whatsoever, as well criminal as civil, real, mixt, personal, or of any other Kind or Nature whatsoever: Which Laws so as aforesaid, to be published, Our Pleasure is, and We do enjoyn, require and command, shall be absolutely firm and available in Law; and that all the Leige People of Us, our Heirs and Successors, within the said Province or Territory, do observe and keep the same inviolably in those Parts, so far as they concern them, under the Pains and Penalties therein expressed; or to be expressed; provided nevertheless, that the said Laws be consonant to Reason, and as near as may be conveniently, agreeable to the Laws and Customs of this our Realm of England.
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