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Les diagrammes suivants lllustrent la m6thode. ly errata ed to int ne pelure, apon d 1 2 3 32X 1 2 3 4 5 6 NE A NEW COMMISSION • OF THE GO V E I^ N O R P t.:* '. ^j%- V w^ ••. U E B E C; AND OTHER I NSTR U M EN TS O F A U T H O R I T Y, PEmVEP FROM THE CROWN RELATIVE TP AMERICA. t-v N \ TheN( CONTENTS, ITew Commiflion of the Governor of the Province of Quebec — — Former Commiflion of Captain General, &c. of Quebec " ... * ... King's Proclamation — — — Commiflion of Vice -Admiral — — Abftradt of the Quebec Aft — — Commiflion to the Captain General and Governor New York ; — — Firft Charter to the Lords Proprietors of Caro- lina — Second Charter Page, ». -v *^*i. 1^ *• *• .--.J ""F>: s •M •^ GEORGE France, our truf) : VV leal twelfth da' ; tute and aj • m chief in il bounded o 1 from ther through tl: from whei and lake < tude, pafl that empt thofe whi the bay di rence to « of the ri Anticofti ther witl foever tl pleafure, thereunt rd. U whereas ef Greai day of ftitute a V' ( ' ) IThe New Commiflion of the Governor of the Province of Quebec k. Page, ] GEORGE the THIRD, by the Grace of God, of Great Britain^ ^ France, and Ireland, King, Defender of the Faith, tsfc. To i our trufy and wsll-beloved Guy Carleton, Efquire, greeting, I TJI7HEREAS we did by our letters patent under our great I ^ ' feal of Great Britain, bearing date at Weftminller the twelfth day of April, in the eighth year of our reign, confti- ■ tute and appoint ydn to be our captain general and governor • in chief in and over our province of Quebec in America, I bounded on the Labrador coaft by the river St. John, and I from thence by a line drawn from the head of that river I through the lake St. John to the foXith-eaft of lake Nipiflin, from whence the faid line, eroding the river St. Lawrence and lake Champlain in forty-five degrees of northern lati- tude, pafles along the high lands, which divide the rivers that empty themfelves into the faid river St^ Lawrence, from thofe which fall into the fea, and alfo along the north coaft of the bay des Cha/eurs, and the coaft of the gulph of St. Law- rence to cape Rozieres, and from thence croffing the mouth of the river St. Lawrence by the weft end of the iiland of Anticofti, terminates at the aforefaid river St. John, toge- ther with all the rights, members, and appurtenances what- foevfr thereunto belonging, for and during our Will and pleafure, as by the faid recited letters patent, relation being thereunto had, may more fully and a;t large appear. And whereas we did alfo by our letters patent under our great feal of Great Britain, bearing date at Weftminfter, the day of in the year of our reign, con- ftitute and appoint Molineux Shuldham, cfq^i to- be our ^o- ^2 vernor ince .of I 12 - '7 m nor 38 ro- 43 -^ 53 68 -%,-. Revocation of the Ult patent. ^•ernor aod commander in chief in and over our ifland of Newfoundland, and all the coaft of Labrador, from the en- trance of Hudlbn's ftrcights to the river St. John, which dil- chargcs itlelf into the fea nearly oppoilte the Weft end of the ifland of Anticofti, including that ifland, with any othir Imall iflands on the faid coaft of Labrador, and alfo the iilands of Madelaine in the gulph of St. Lawrence, as alio of all our forts and garrifons ereftcd and eftablifhed in our faid iflands of Newfoundland, Anticofti, and Madelaine, or on the coaft of Labrador within the limits aforefaid, for and du- ring our will and pleafure, as by the faid letters patent, rela- tion being, thereunto had, may more fully and at large ap- pear. Now know you, that we have revoked and deter- mined, and by thefe prefents revoke and determine, the faid recited letters patent granted to you, the faid Guy Carleton, as aforefaid, and every claufe, article, and thing therein contained ; and that we have alfo revoked and determined, and do by thefe prefents reroke and determine fo much and fuch part of the faid recited letters patent granted to Moli- neux Shuldham, efq. as aforefaid, as relates to the coaft of Labrador, including the ifland of Anticofti, with any other fmall iflands on the faid coaft of Labrador, and every claufe, article, and thing therein contained, fo far as the fame relates to the faid coaft of Labrador, and the iflands herein before Cemmiffion recited. And further know you, that we repofing efpecial gen.'' and* truft and confidence in the prudence, courage, and loyalty of gov.in chief you, the faid Guy Carleton, of our efpecial grace, certain o| the pro- knowledge, and mere motion, have thought lit to conftitute *"'*' and appoint you, the faid Guy Carleton, to be our captain- general and governor in chief in and over our province of Quebeck in America, comprehending all our territories, iflands, and countries in North America, bounded on the fioundarles fouth by a line from the bay ofChaleurs along the high lands, iince.''™' ^hich divide the rivers that empty thcmfelves into the river St. Lawrence, from thofe which fall into the fea, to a point ia forty-five degrees of northern latitude, on the caftern hank of the river Conne£licut; keeping the fame latitude direftly weft through the lake Champlain, until in the fame latitude it meets with the river St, Lawrence, from thence up the eaf- tern bank of the faid river to the lake Ontario, thence through the lake Ontario, and tlie river, commonly called Niagara, and thence along by the eaftern and fouth eaftern bank of lake Erie, following the faid bank, until the fame ihail be. inter- faac4 J fc£tcd b^ the provir tcrlc«.'\cd, boundaric dary ftrik lake fliall the faid bank, wh the faid to the fa thence alo it ftrikes weftward eaftern b; territory trading tc and coun 1763, be as atorcla purtenanc And M execute a faid com cording tc ed you b authoriti< powers, ■ hereafter fign mar cording agreed ui of our ia and fornr And ' Carleton tent, in ufed on pointed reign o\ further J fuccejfon proie/Ian cffffilc. ur inanj of rom the cn- whith dil- end of the any orhir id alfo the ?, as ahb of in our faid line, or on for and du- rcla- le "g itent, large ap- and detcr- , the faid Carleton, therein etermined, ' much and I toMoli- he coaft of any other ery claufe, ^mc relates rein before ig efpecial loyalty of :e, certain • conftitute ir captain- rovince of :erntories, 'd on the tigh lands, • the river a point ia n bank of : direftly e latitude 3 the eaf- i through Niagara, ik of lake be. inter- fedea i ( 3 ) fc£tcd by' the northern boundary granted by the cjiarter of the province of Pcnfylvania, in cufc the fame ihall be fo in- terleaved, and from thence along the faid northern and weftcrn l)oundaries of tlic iiiid province, until the laid weftcrn boun- dary ftrikcs the Ohio ; l)ut, in cafe the faid bank of the faid lake fiiall not be found to be fo interfered, then following the faid bank, until it Iball arrive at tlie point of the faid bank, which ihall be nearcd to the north-wcftcrn angle of the faid province of Penfylvania, and thence by a right line to the faid rorth-weflcrn angle of the faid ))rovince, and thence along the weflern boundary of the faid province, until itftrikesthe river Ohio, and along the bank of the faid ri.cr weftward to the banks of MifTiffippi, and northward along die eaftern bank of the faid river to the fouthern boundary of tlie territory granted to the merchants adventurers of l.ngland trading to Hudfon's Bay ; and alfo all fuch territories, illuvuls, and countries, which have, fincc the tentli of February, 1763, been made part of the government of NcwfouiKiland, as aforefaid, together with all the rights, members, and rp- purtenanccs whatfoevcr thereunto belonging. And we do hereby require and command you to do and ^'•'^'•'" '•'« execute all things in due manner, that fhall belons: to your^'^'^'"'""^ laid command, and the trutt we have rcpoied m you, ac- orsam Ji- cording to the feveral powers and diretftions granted or r!pi->o;nr- r^-' 'ion- c,f ed you by this prefcnt commiifion, and the inllru£lions and ''^'■L^'"'"- authorities hevcwivh given unto you, or by inch tur Hcr .ic.orrii'^to powers, infbru£lions, and authorities as fhall at any time .''''^■''^••s''' hereafter be granted or appointed you under our fignet or*" ""'""'• lign manual, or by our order in our privy council, and ac- cording to fuch ordinances as Ihall hereafter be made and agreed upon by you, with the advice and confent of the council of our iaid province under your government, in fuch manner and form as is herein after expreifed. And our will and pleafure is, that /ou, the faid Guy O.ubs to be Carleton, do, after the publication of thefe our letters pa- ^^^'■■" ^^ tent, in fuch manner and form as lias been accufto led to be "^^*^ ' ufed on like occalions, in the firft place take the oaths ap- pointed to be taken by an a£l palled in the firft year of the reign of King George the Firft, intituled, " yiV/ ^^7 y&r f/r T!u)fe ap- further fccurlty of his Mojeffs per [on and government,^ ^"'"^ ^^'^["gII'H^ fucce/Jion of the crown in the heirs of the late princcjs Sophia, being proteftants^ and for extingui/hing the hopes of the pretended prince offffiksy and his open andfecrct abettors ; and by an aft paiied ia i ( 4 y Thofe np* jn the iixth y<^ai* of onr reign, intituled, " Ai m^ for nUcnn^. 6 Geo. HI. ^^•'^ ^^''^ ^/ ^'^^/'"■rt^'">"> <"td the iijfurame ; and for amendhii^ fo much fif an ad of the /event h year of her Uit£ majejjy ^/cen Anne^ intituled^ An at'l for the improvement of the union of the two Ungdoms, aa^ after the time therein limitteei, rer/uires the delivery of certain lifts and copies therein mentioned^ to ferfom indicled of high trcafon^ or mifprijion if treafon ;" as alio that you make and fublailie the declaration mentioned in an' aft of parlia- ment, made in the twenty-tit'th year of the reign of King" J','^'iJ^'*",*^'""_Cliarles the Second, irttitnled, " An ntl for preventing dangers Uibti:Knx\on,'^hich may happen from Popipt recufants *" and likcwifc tliat as Car. II. you take the oath ufually taken by the, governors in the plan- Oath of o*-tations, for the due execution of the 6fRce and truil of our can- fice, and ^ . ' , , . , . ^ ., • * , oath con- tam-gcncral and governor m and over our faid provmce, and' cerning the for the duc and impartial adminiftration of juftice ; and further aw ol trade, jj^j^^ you take the oath required to be taken by governors of the plantations, to do their utmoft, that the leveral laws re- lating to trade and the plantations be duly obfervcd ; which laid oaths and declaration our council of our faid province, or any three of the members thereof, have hereby full power and authority, and are required to tender and adminifter to you ; all which being duly performed, you fliall yourfelf ad- minittcr to each of the members of our faid council, (except as herein after excepted) tlie faid oaths mentioned in the faid Oatlis to bcj^f^j;^ intituled, " An acl for the fmther fecurity of his Majcffs ni-mbe/s of p^i'ffi and government ^ and the fuccejjton of the crozvn in the heirs thi: counal of the late princefs Sophia, being protefiants, and for extingiifhing the hopes of the pretended prince of ff'ales, and his open and fecrct abettors ;" and " An a£l for altering tbe oath of abjuration, and the ajpirance, and for amending fo much of an aB of the feventh year of her late majejh ^leen Anne, intituled, An ad for the im- provement of the union of the two kingdoms, as cfter the time therein limitted, requires the delivery of certain lifis and copies, therein mentioned, to perfons indided of high treafon, or mifprifion of treafon ;" as alfo cauib them to make and fubfcribe the afore- mentioned declaration, and to adminifter unto them the ufual oath for the duc execution of their places and trufts. Thofe of And whereas we may find it expedient for our fervice, 'l'^; j:"^^'^ that our council of our faid province fhould be in part com- txrmpt* poled of fuch of our Canadian fubjefls, or their defcen- ir of |)arruimtnr, palfed in the four- teenth year of our rci die ufual oath for the due execution of their places and trufts rcfpeftively. And^we do further give and i!;rant unto you, the faid Guy Carleton, full power and authority from time to time, and at any time hereafter, hy y ourfelf, or by any other to be authorized by you in that behalf, to adminifter and give the uaths mentioned in the faid afts, intituled, " Jn aci for the further feciirity of his Majeji/s perfon and government^ and the JucceJJton of the crown in the heirs of the late princcfs Sophia, be^ ing protejtants, and for extinguifhing the hopes of the pretend' (d prince of Wales, and his open and fccret abettors,^ and, ** yf« aSi for altering the oath of abjuration, and the ajfur" cnce ; and for amending fo much of an atl of the feventh year of her late majejly ^leen Anne, intituled. An a£l for the improvement of the union of the two kingdoms, as, after the time therein limitted, requires the delivery of certain lifts and copies therein mentioned, to perfons indited of high treajon, cr mifprifion of treafon,^'' to all and every fuch perl'on or i->er- fons, as you fliall think fit, who (hall at any time or times pafs into our faid province, or (hall be rcfident or abiding there. And we do hereby authorize and impower you to keep and ufe the public feal of our province of Quebeck for feal- ing all things whatibever, that (hall pafs the great feal cf pur faid province. And >ve do hereby give and grant unto you, the faid Guy Carleton, full power and authority, with the advice and confent of our faid council, to make ordinances for the peace, welfare, and good government of the faid province, and of the people and inhabitants thereof, and fuch others, as (hall refort thereunto, and for the benefit of us, our heirs, and fuccelTors ; provided always, that nodiing herein con- tained (hall extend, or be conftrued to extend to the au- thorifing and impowering the pa(Rng any ordinance or ordi- nances for laying any taxes or duties within the faid pro- vince, fuch rates and taxes only excepted, as the inhabitants jof any town or diftrift within our faid province may be au* " ' thorized prefcribrd hy ll.it. 14, Cieu. Hi. Power for the gover- nor to ad- miniiler ur impower u« then to ad- minifter th( faid oathi. Power to ufli public feal. Power with confent of the counci) to ipalce or- dinances i thori/ed by nny o^-IInan«■c pnOccl by you, Avirli the ndvrre and confent of the faul tcunicil, to allcis, Uvv, .'ind applv within the faid town ordiflritfk for the purpolc of mal.in;.'; roads, crcfliiig and repairing public buildings, or for any other purpolc rcfpcfliug the local convenience and (j-conoiny which fhail of luch town Or diftrid ; provided alfo, that every ordinance, led to Engl ^" ^^ ^c made by )'ou, by and with the advice and confent hnd within of the laid council, ihall be, wiiliin lix months from the £x months J pafHng thereof, tranlmittfd to us under our feal of our faid province for our ajiprobalion or ilifallowance of the lame ; as alfo duplicates thereof by the next conveyance; and in cal'e any, or all of the laid ordinances fliall at any time be difal- lowed and not approved, and To lignilied by us, our hei.i and lucccfTors by order in their, or our privy council unto yon, the faid Guy Carleton, or to jjic commander in chief of our laid province for the time being, then luch and lb many of the laid ordinances, as fliall be lb difallowtd and not approved, fhall from the promulgation of the laid order in council within the laid pro\ ince ceaie, determine and become utterly void and of no elledl ; provided alio, that no ordi- nance touching religion, or by which any punifliment may be infli£led greater than ilne or iniprilbnment for three months, fliall be of any force or effett, until tlje liunc Ihall have been allowed and confirmed by us, our heirs and liic- ceilbrs, and lucli allowance or confirmation figniiied to you, or to tlie comniandcr in chief of our laid province for the timo being, by their or our order in their or our privy council, Bntnoneto provided alio, that no ordinance Ihall be paiTed at any ri'aiori'ty of "''^^•^^"g of the council, where lefs than a majority of the tiie council whole council is prefent, or at any time, except betweerj be _pier«'iii, ^i^y f^Y^ j.|^y Qf J^iiii^iary and the firft day of May, unlefs' ©r between y - - -,- • i • i r i im. I, and ^^poH lome Urgent occalion ; m which caie every memi)er lay 1. tiiercof refKleni at the town of C^ielxck, or within fifty miles thereof, IJi'iU be pcrlbnally fummoncd to attend the fame : and to the end that nothing may be jiafled or done by our faitl council to the prejudice of us, our heirs, and Govern, to fuccelTors, we will and ordain, tliat you, the laid Guy h.,\y a no- Carlcton, fliall have and er.joy a negative voice in the ^ ^"^^ ' ''making and pafling of all ordinances, as aforciaid. pelsj fliall ferve, them to march, embark, or tranfport frbm one place to another, for the relifting and withftanding of all ene- mies, pirates, and rebels both at land and fea ; and to tran- fport fuch forces to any of our plantations in America, if fiecclHty fhall require, for defence of the fame againft the in- vafion or attempts of any of our enemies ; and fuch enemies, pirates and rebels, if there Ihall be occalion, to purfue and profecute in, or out of, the limits of our faid province; and, if it Ihall fo pleafe God, them to vanquifh, apprehend, and take, and, being taken, according to law to put to death, «nd fo exe- or keep or preferve alive at your difcretioD, and to execute cute martial martial law in time of invafion, war, 6r other times, when of war. by law it may be executed ; and to do and execute all and every other thing and things, which to our captain-general and governor in chief doth or of right ought to belong. Power yrith And wc do hereby give and grant unto you full power and confent of authority, by and with the advice and confent of our faid to^^buUd" **^°^^^^^ to e reft, raife, and build in our faid province fuch forts and and fo many forts, platforms, caftles, cities, boroughs, caftles ; towns, and fortifications, as you by the advice aforefaid fhall and to forti -ju(jge ncceflary ; and the fame or any of them to fortify and nien to be TaicI Guy imandera to levy, IS what- occafioa |frt)m one f all ene- to tran- erica, if ift the in- encmies, irfue and ice; and, ^end, and to death, ) execute es, when ' te all and n-gencral kg. owcr and our faid ince fuch 'oroughs, raid lliall [■tify and arms fit raid pro- r or any t conve- ay hap- ing the fhippcd e better It unto 'rity to f fliips, ■o fuch com- iandeifs ( 9 ^ manclers and officers, commiflions to execute the Inw mar- tial during the time of war, according to the direftions of : an aft palled in the twenty-fccond year of the reign of our I late royal grandfather, intituled, " Jn a^ for amending, ex- plaining^ and reducing into one a5l of parliament, the laws relat- ing to the government of his Majejly'sjhips, vejjcls, and forces by fea*^* and to ufe fuch proceedings, authorities, punilhments, corrcftions, and executions upon any offender or offenders, who Ihall be mutinous, feditious, diforderly, or any way unruly either at fea, or during the time of their abode or i;e- lidence in any of the ports, harbours, or bays in our faid pro- vince, as the cafe Ihall be found to require, according to martial law ; and the faid diredions, during the the time of war, as aforefaid. Provided, that nothing herein contained fhall be conflrned This ftall to the enabling you, or any by your authority to hold plea, "•** *^^ or have any jurifdiftion of any offence, caufe, matter, oy^^I\^^^* thing committed or done upon the high fea, or within any board ftipi of the havens, rivers, or creeks of our faid province under ^°'""|'f' your government, by any captain, commander, lieutenant, th^^gdm^-. mafler, officer, feaman, foldier, or perfon whatfoever, ralty, when who fhall be in aftual fervice and pay, in or on board *K'y "'"" any of our fliips of war, or other veffels afting by imme- either on diate commiflion or warrant from our commiffioners for exe* the high fea, cutinff the office of our high admiral of Great Britain, or*""'"""^"* o o ^ ^ ' vcr crccJc from our high admiral of Great Britain for the time being, or haven.* under the feal of our admiralty ; but that fuch captain, com- But thefe mander, lieutenant, mafler, officer, feaman, foldier, or other perfoniftall perfon fo offending, fhall be left to be proceeded againfl, fyjiJ"^^/^ and tried, as their offences fhall require, either by commif- ces either' (ion under our great feal of this kingdom, as the flatute of by commifi- the tw^ty-eighth of Henry VIII. direfts ; or by commif- fhe" great^'' fion from our faid commiffioners for executing the office of feaiof Great high admiral of Great Britain, or from our high admiral of Britain or Great Britain for the time being, according to the afore- Jjn JUJJJ'^' mentioned aft, intituled, *' Jn aB for amending, explaining, the admi- and reducing into one ail of parliament, the laws relating to the ""^Ity. government of his Majefiy'sjhips, vsjfelsy and forces by fea \ and not otherwife. Provided neverthelefs, that all diforders and mifdemeanors But for of. committed on Ihore by any captain, commander, lieutenant, JjJ."j"'JJ' mafler, officer, feariian, foldier, or other perfon whatfoever ftore, thofe belonging to any of our ihipsof war, or other velTels aftingperfonsAaii ■ •* B 7, by *" *'"'' **** ^ ! ■ lit ( to ) cor"ding\*o" ^y Immediate commiffion or warrant fiom our corpml{ltoncr,s the laws of for executing the office of high admiral of Great Britain, oi: the place from our high admiral of Great Britain for the time being, effe'ncelhaii^'^*^^'* the (eal of our admiralty, may be tried and punifhed be commit- according to the laws of the place, where any fuch diforders, ♦cd, offences, and mifdemeanors Ihall be committed on fhore ; notwithftanding fuch offender be in our aftual fervice, and borne in pur pay on board any fuch oi^r fhips of war, or other veffels afting by immediate commiflion, or warrant from our commiifioners for executing the office of high ad- miral of Great Britain, or from our high admiral of Great Britain for the time being, as aforefaid, fo as he lliall not receive any proteftion for the avoiding of juftice for fuch offences committed on fhore from any pretence of his being employed in our fervice at Tea. Power with ' ^^^^ Q^^^. f^ji-j^hei- Y^rill and pleafure is, that all public mq- thc council nics granted and raifed for the public ufes of our faid pro- todifpofeofyince, be iffued out by warrant from you, hy and with the fubhc mo- ^^^yiqe and confent of our council, as aforefaid, for the fup* nies, tor " ^ ^ , , ' , . ^ * fupport of port of the government, and not otherwiie. government And we likewife give and grant unto you full power and corifent^or authority, by and with the advice and confer\t of our faid the council, council, to fettle and agree with the inhabitants of our faid to grant proviPxce for fuch lands; tenements, and hereditaments, as now are, or hereafter fliall be in our power to difpofe of, and them to grant to any perfon or perfons upon fuch terms and under fuch moderate quit-rents, fervices, and acknow- ledgements to be thereupon referved unto us, as you, with Grants to xh^ advice aforefaid, fliall think fit ; which faid grants are to public^fed*' P^^*^> ^^^ ^^ fealcd by our public feal of our faid province, and to be and being entered upon record by fuch officer or officers as xcgiftered. fliall be appointed thereunto, fhall be good and effectual, in law^ againft us, our heirs and fucceffors. Power, with And we do hereby give you the faid Guy Carleton full the 'council POwer and authority to order and appoint fairs, marts, and to appoint markets ; as alfo fuch and fo many ports, harbours, bays, lairs, *c. havens, and other places for the conveniency arid fecurity of fhipping, and for the better loading and unloading of goods and merchandizes, in fuch and fo many places, as by rou, with the advice and confent of our faid council, fhall )e thought fit and neceffary. AU officers^ And we do hereby require and command all officers and *4 jjgft *he minifters, civil and military, and all other inhabitants of. our lands. i: jQur faid pi you, the commiffion tained; anc province an ing, as afc in chief fc thefe prefer authorities joyed, duri faid provim And if province, fionated or commandei pleafure is, fubjeft of prqfeffing t your dead: ihall take i ^nd execu ieveral pow manner an vernor or < of your al bur furthei And w< ■I you, the i and enjoy vernor in and all the gular the for and du In witr made pate day of imlf]ioner,s Britain, oi: me being, I puniihed I clilbrders, on fhore ; rvice, and )fwar, or warrai"\t * high ad- 1 of Great 111 all not 3 for fuch his being ablic mo- faid pro- with the r the fup • ower and our faid our faid ments, as lifpofe of> Jch terms acknow- ou, with iits are to province, fficers as 'ftua.1 in :ton full rts, and s, bays, fecurity iding of 5, as by; il, fhall ■ i ( n ) pur (hid province to be obedient, aiding, and aflifting unto 8«vernor in you, the faid Guy Carleton, in the execution of this our Jio'n "rhii commilfion, and of tlie powers and authorities therein con- eommiflion. tainecl ; and in cafe of your death or abfence from our faicj province and governrpent, to be obedient, aiding, and affift- ing, as aforefaid, to the lieutenant governor or commander in chief for the time being, to whom we do therefore by thefe prefents give and grant all and lingular the powers and authorities herein granted to be by him executed and en- joyed, during our pleafure, or until your arrival yvithin our faid province. And if upon your death or abfence out of our faid who to be province, there be no pcrfon upon the place commif- ""(^'"J," fionated or appointed by us to be lieutenant governor or the pro- ' commander in chief of our faid province ; our will and ^'^^"> i" pleafure is, that the eldeft councillor, being a natural born ^cj^th m aj- fubjeft of Great Britain, Ireland, or the plantations, and fence of th? prpfelfing the proteftant religion, who fliall be at the time of Eovernor. your death or abfence refiding within our faid province, ihalltake upon him the adminiftration of the government, ?,nd execute our faid commiffion and inftruftions, and the ieveral powers and authorities therein contained, in the fame manner and to all intents and purpofes, as other our go- vernor or commander in chief fhould or ought to do, in cafe of your abfence, until your return, and in all cafes until bur further pleafure be known therein. And we do hereby declare, ordain, and appoint, that This office you, the faid Guy Carleton, fhall and may hold, execute, to be hdi and enjoy the office and place of our captain general and go- ^".""^ 'j**_ vernor in chief, in and over our faid province of Qucbeck, fyjjf *^ **' and all the territories dependent thereon ; with all and lin- gular the powers and authorities hereby granted unto you, for and during our will and pleafure. In witnefs whereof we have caufed thefe our letters to bc made patent ; witnefs ourfelf at Weftminfter, the day of in the year of our reign. :ers and mts of. our Former Commlffion to be cap- tain general and gover- •luur in chief of the province. Boundaries of the pro- Viocci ( " ) Former Commission of Captain General and Go- vERNOUR in Chief of the Province of Quebeck.* G. R. GEORGE the THIRD, by tic Grace of God, of Great Erl~ tain, France, and Ireland, King, Defender of the Faith, and fo forth, to our trufy and ivell-hcloved J AMES Murray, Efquire, Greeting : TX7E, repofing efpecial truftand confidence in the prudence, * ' courage and loyalty of you, the faid James Murray, of our efpecial grace, certain knowledge and mere motion, have thought fit to conftitute and appoint, and by thefe pre- fents do conftitute and appoint you, the faid James Murray, to be our captain general and governour in chief in and over our province of Quebeck in America ; bounded on the Labra^ dor coaft by the river St. John ; and from thence by a line drawn ■1 ♦ Artidti if capitulation granted by Sir Geofry Amhcrft to the Canadians, upsn the furrender ef Montreal and the wbote frrvince of Canada to the Britijh arms, in September ^ 1760. [N. B. the artichs that are here emitted are intirely of a temporary naturt, and r.o way affctl the present ccnfi'itut'ion of the province -^ Art. IV. The militia, after being come out of the above towni. forts, and pofts> fhail return to their hemes without being molefled, on any pretence Vrhat* ibever, on account of their having carried arms. Granted, Art. VII. The magazines, the artillery, firelocks, fabres, ammunition of war, and in general, every thing that belongs to his moft Chriftian Majefty, as well in the towns of Montreal, and Trois Rivieres, as in the forts and pods men- tioned in the third article, fhall be delivered up, according to exa£l inventories^ to the commiilioners, who (hall be appointed to receive the f;,^„y^ pany, as fhall be willing to go thither, and they fhall take with them their families, fervants, and baggage. The chief agent of the faid company, in cafe he fhould chufe to go to France, fliall be allowed to leave fuch perfon as he fhall think proper till next year, to fettle the afiafrs of the faid company, and to recover fuch fums as are due to them. The faid chief agent fhall keep pofTeffioa . of all the papers belonging to the faid company, and they fhall not be liable to infpeftion. Granted. Art. XXVI. The faid company fliall be maintained in the property of the ecarlatines and caltors, which they may have in the town of Montreal; they fliall not be touched under any pretence whatever, and the neceilary facilities fliall be given to the chief agent, to fend, this year, his taftors to France, on board his Britannic Majefty's fliips, paying the freight en the fame footing as the £nglifh would pay it. Granted, ivitb regard to what may belong to the company, or to private fvfons ; iut if his mofi Cbripian majejiy hat any Jhare in it, that mujibefomt the property of the Kin f. Art. ( 14 ) in onr ^>rivy council, and according to fucli reafonablc law.l and ftatutes as Ihall hereafter be made and agreed upon by you with Trtt txcnxtt Art. XXVII. The free exercife of the Catholic, ApoftoHc, and Roman feH- tiftbtRoman B''°"» ^^^^ fubfift intire ; in fuch manner that all the ftates and the people of Catholic re- '^^^ towns and countries, places and diftant ports, fliall continue to aflemble in the churches, and to frequent the facraments as heretofore, without being mo* lefted in any manner directly or indirectly. Thefe people ftiall be obliged, by the Engliih government, to pay to the priefts, the tithes and all the taxes they were ufed to pay, under the govern- Tbe obligation of paying the and miflionaries, ihall con- yicirj>oioer> Catholic re- ligion. Payment of tithes ana ether church ment of hjs moft Chriftian majefty. Hues. Granted, >u to the free exercife of their religion. tit bet to the priefls, will depend on the King's pleafure. Art. XXVIII. The chapter, pricfts, curates, tinue with an entire liberty, their exercife and funAions of their cures, in the pa- rishes of the towns and countries. Granted. Art. XXIX. The grand vicars named by the chapter to adminifler to the diocefe during the vacancy of the .^.ifcopal fee, ihall have liberty to dwell in Paweroftbe x,}nt towns or country pariihes as they ihall think proper. They ihall at all grandvicart times be free to vifit the different pariihes of the diocefe, with the ordinary ce- toexereifeec- remonies, and exercife all the jurifdiAion they exercifed under the French domi' ' clejiajlical nion. They ihall enjoy the fame rights in cafe of death of the future biihop, of juriJdi£iioH. which mention will be made in the following article. Granted \ except what regards the folloiving article. Nominstien 'A''** ^^^' '^ ^V *^^ treaty of peace, Canada ihould remain in the power fthefuture^^ his Britannic Majefty, his moft Chriftian Majefty ihall continue to name i'lhoti *^* biftiop of the colony, who ihall always be of the Roman communion, and ■' " * under whofe authority the people ihall exercife the Roman religion. Refujed. Art. XXXI. The biihop ihall, in cafe of need, eftabliih new pariihes, and provide for the rebuilding of his cathedral and his epifcopal palace ; and, in the meantime, he iliall have the liberty to dwell in the towns and pariihes, as hs ihall judge proper. He ihall be at liberty to vifit his diocefe with the ordinary ' ceremonies, and exercife all the jurifdiClion which his predeceilbr exercifed under \ the French dominion, fave that an oath of iidelity, or a promife to do nothing contrary to his Britannic majefty's fervice, may be required of him. This article is cornprifed under the foregoing. i Art. XXXII. The communities of nuns ihall be preferved in their conftitu* tions and privileges. They ihall continue to obferve their rules. They ihall be exempted from lodging any military, and it ihall be forbid to trouble them in ' their religious cxercifes, or to enter their monafterics : fafeguards ihall even be given them if they defire them. Granted. Jefuits, Re- Art. XXXIII. The preceding article ihall likewife be executed with regard collet monks, to the cemmunities of Jefuits and Recolets, and of the houfe of the priefts of St. and priejis of 5ii]^\ce at Montreal. Thefe laft, and the Jefuits, (hall preferre their right to Saint Sul- nominate to certain curacies and millions, as lieretofore. ficins. Refujed till the King's pleafure be known. Property of Art. XXXIV. All the communities, and all the priefts, ihall preferve their the religious moveables, the property and revenues of the feignories, and other eftates which communities they poflefs in the colony, of what nature fo ever they may be. And the fame and the eftates ihall be preferved in their privileges, rights, hunours and exemptions. priefts. Granted, Liberty to all Art. XXXV. If the canons, priefts, miilionarles, the priefts of the femi- the priefts jiary of the foreign miiTions, and of St. Sulpice, as well as the Jefuits and the and monks to Recolets, chufe to go to France, a paflage ihall be granted them in hrs Britan- go to France, nic Majefty's fliips : and they ihall all have leave to fell, in whole or in part, and to fell the eftates and moveables which they pofiefs in the colonies, either to the tbtir eftates. French or to the Engliih, without the Icaft hindrance or obftade frwn the Britifh governmentt They Communities ef nuns. ibic lawl [n by you with toman feM- people of JaHembJe in It being ina« pay to the I the govern- ' paying the COJI- Mi in thepa« lifter to the to dwell in /hail at all ordinary ce- rench domi- re bifliop, of En the power hue to name munion, and I Refujfd. pariihes, and i and, in the ri/hes, as he the ordinary ' ercifed under ; 5 do nothing m. icir conftltu- 'hey fliallbe ble them in s /hall even with regard priefls of 3r. leir right to referve their lates which id the fame nptions. C the femi- lits and the hrs Britan- or in part, ther to the e from the They ( >5 ) with the advice and confent of the council and affembly of our faid province under your government, in fuch manner and form as is herein after exprefl'ed. And They may take with them, or fend to France, the produce, of what nature fjcver it be, of the faid goods fold, paying the freight, as mentioned in the 7()i\\ article. And fuch of the faid priefts, who chufe to go this year, fhall be \ietiiallcd during the paiTage, at the expence of his Britannic Majefty; and ihall take with them their baggage. They pall bt majiers to difpofe of their tjiates, and to fend the produce thereof, at well as their perfons, and all that belongs to them to France. Art. XXXVJ. If, by the treaty of peace, Canada remains to his Britannic IVlajcfty, all the French, Canadians, Acadians, merchants, and ethrr perfons, who chufe to retire to France, /hall have leave to do (9 from the £ngli{h general, who /hall procure them a pa/Tage. And, neverthelefs, if, from this time to that decifion, any French or Canadian merchants, or other perfons, /hall de/ire to go to France, they /hall likewife have leave from the Engli/h general. Both the one ■ and the other flialltake with them their families, fervants, and baggage. Granted. Art. XXXVIl. The lords of manors, the military and civil officers, the Ca- Property of nadians, as well in the towns as ia the country, the French fettled or trading in tht laity ef the whole extent of the colony of Canada, and all other perfons whatfoever, Osall Canada. preferve the entire peaceable property and po/Te/fion of their goods, noble and igno- ble, moveable and immovable, merchandizes, furs, and other effeAs, even their /hips} they /hall not be touched, nor the leaft damage done to them, on any pr«o tence whatfoever. They /hall have liberty to keep, let, or fell them, as well to the French as to the Engli/h, to take away the produce of them, in bills of ex- change, furs, fpecie, or other returns, whenever they /hall judge proper to goto France, paying their freight, as in the 26th article. They /hall alfohave the furs which are in the pofts above, and which belong to them, and may he on the way to Montreal. And for this purpofe they /hall have leave to fend, this year or the next, canoes, fitted out, to fetch fuch of the faid furs as /hall have remained in thofe parts. Granted, as in tht litb article. >-,... Art. XXXVIII. All the people who have left Acadia, and who fhall be found The Aca- in (lanada, including the frontiers of Canada on the fide of Acadia, ihall have the dians. fame treatment as the Canadians, and fhall enjoy the fame privileges. The King is to difpefe ^ his antient fubjelis t in the mtan time they f jail enjoy the fame privilege as the Canadians. Art. XXXIX. None of the Canadians, Acadians, or French, who are now in Canada, and on the frontiers of the colony, on the fide of Acadia, Detroit, Mi- chilimakinae, and other places and pofls of the countries above, the married and unmarried foldiers, remaining in Canada, fhall be carried or tranfported into the . £nglifk colonies, or to Old England, and they fhall not be troubled for having carried arms. Granted ; except with regard to the Acadians. Art. XL. Tne favages, or Indian allies of his mofl Chriftlan Maje/ly, /hall be l^e Indians maintained in the lands they inhabit, if they chufe to remain there; they {h»U in alliance not be molefted on any pretence whatfoever, for having canied arms, and ferved "with the his mofl Chriflian Majefly. They fhall have, as well as the French, liberty of French, religion, and fhall keep their miflionaries. The aAu»l vicars general, and the bi/hop, when the epifcopal f(ge fhnlibe finifhed, fhall have leave to fend them new mi/lionaries, when they fhall judge it nece/Tary. Granted', except the lafl article, mbich has been already rtfuftd. Art. XLI. The French, Canadians, and Acadians, of what flate and condi- Continuance tlon foever, who fhall remain in the colony, fhall not be forced to take arms oftheFrercb «{aiaft htimoft Chrii^ Majcfty» or his alUes> directly or lAdircftiyi on any oc- Ivmu C cafiOD ^ I (. i; ( i6 ) ■ And our will and plcalure is, that you, tlie faid James rnor!*" Murray, dOf after the publication of thelc our letters patent, ami Oaths to be take governor cafion whatfoever. The BritiA government /hall only require of them an exaft ncutr^tlity. Thfy btcme fuhjeEti of the K'wg. Conthujnce •^'*" ^Lll. The French and Canadiam fliall contiue to be governed according theFrencb ^^thc cuftom of Paris, and the liws and ufages cftablirticd (or this country j itnii rou'i. ^^'^y '^'^'^ ""^ ^^ fuhje^ to any other impoAs than thole which weto edablifticd under the French dominion. jinjivered by the frtcedirg articles, and particularly by tht hjl, ! Papers of Art. XLIIl, The papers of the government Oiall remain, without excepti<^n, j tbegTvern- in the power of the Marquis de Vaudreuiij and fliall go to France with him. went. Thefe papers ihall not be examined un any pretence whatfuever. Granted, tv'ttb the referue already made. Papers of Art. XLIV. The papers of ihe intendancy of the offices of comptroller of the the inten- marine, of the antient and new treafurers, of th« King's magazines, of the office dant^s «^ctf» of the revenues, and forges of St. Maurice, Ihall remain in tlie power of M. end other Bigot, the intendant, and they fliall be embarked for France in the fame veflel fubl'tc pa' vvith him. Thefe papers fliall not be examined. /"■'• The fame as to this article. The regijiers Art. XLV. The regiflers, and other pi^pers of the fupreme council of Quebeck, cfthefu- of the provofl;, and admiralty of the faid city j thofa of the royal jurifdiction of freme «a«- Truis Rivieres, and of Montreal} thofeof the figneuraljurifdiftions of the colony ; til, and of the the minutes of the afts of the notaries of the towns and of the countries j and, ether courts in general, the afts, and other papers that may ferve to prove the eftates and for- tfjuflice in tunes of the citizens, fliall remain in the colony, in the rolls of the jurTdi-ftions the province, on which thefe papers depend. Granted. Liberty of Art. XLVI. The inhabitants and merchants fliall enjoy all the privileges of trading as trade, under the fame favours and conditions, granted to the fubje£ts of his Bri- Britijh Jai- tannic Majefty, as well in the countries above, as in the interior of the colony. jeEis. Granted. Uegroes and Art. XLVII. The negroes and panis, of both fexes, fliall remain in their qua- PflffH_/Jflv«.lity of flaves, in the pofleffion of the French and Canadians to whom they be- long ; they fliali be at liberty to keep them in their farvice in the colony, or to fell them, and they may alfo continue to bring them up in the Roman religion. Granted j (xcept thofe ivho/Jiall have been made prifoners. Liberty to Art. XLVIII. The Marquis de VaudreuiJ, th- general and Jlafl" officers of appoint at- the land forces, the governors and (bff officers of the dillerent places of thecolony, torniesto takethi military and civil officers, and all other perfons who fliall le.ivc the colony, or tare cf their who are already abfent, fliall have leave to name and appoint attorneys to aft for 'affairs, andihtm, and in their names, in the adminiftration of their effeftp, ihoveable and immoveable, until the peace. And if, by the treaty between the two crowns, Canada does not return under the French dominions, thefe officers, or other per- tofell their lands and goods, and fons, or attorneys for them, fliall have leave to fell their manors, houfes, "and fend thi pro other eftatcs, their moveables and effefts, &c. to carry away, or lend to France 'ducetoOld the produce, either in -bills of exchange, fpecie, furs, or other returns, as is France. mentioned in the 57th article. Granted. Thofe 'mhofe Ait. XLIX. The inhabitants and other perfons who fliall have fuffercd any goods have damage in their goods, moveable and immovaeble which remained at Qnebeck, un- been da- der the faith cf the capitulation of that city, may make their reprefentation to waged Jhall the Britifli government, who fliall render them due juftice, againft the perfon to Aiii/<;«7?»«. whom it fliall belong; Granted. _ Art. L. and laft. The prefent capitulation fliall be inviolably executed in all Its articles, and bona fide en both fides, notwithftanding any infraftion and any other pretence, with regard to the preceding capitulations, and without making life of reprifals. Granted* lind after th in luch mai The fourth Art tf GREAT L containing the HIS moftCh formed, or mig tees the whole Moreover, hi Majefty, in ful Cape Breton, a rence, and, in j and coafts, wi treaty or other\ had, till now, bitnnts, fo tha faid King, and and form, wi guaranty, undr mentioned. His Britann religion to the tual orders, th religion, accor Britain pcrmii His Britani who had beer all fafcty and 1 provided it be as well as the pretence wha( limited for t computed froi G.R. WHERE> luablc acquifi peace conclui all our lovii may avail th ges which n tion, we ha' royal prociai we have, wil der our grea and confirm filled and ca dj, and limi Firft, Th St. John, ai the lake St. li ne, croffiii] of north lat tbemfelves lid James :rs patent, ami em an exaft ned according ountry j and re tdubWthci 3ut exception, j :e with him, I troller of the , of the office power of M, |e fame veflel 1 of Que beck, jurifdicHon of of the colony ; iintries j and, ftates and for- ejurifdi^ions e privileges of in their qua. horn they be- coiony, or to an religion. aff officers of of the colony, he colony, or leys to aft for moveable and two crowns, or other per- > houfes, and :nd to France returni, as is ( '7 ) nnd after the appointment ot our council for our faid province, in luch manner and form as is prcfcribcd in the inftruftiona which 77)/ Fourth Ait'uli of the Dffinirlve Treaty of Peace, concluded heliveen the KINGS efGREATBRllMN and FRANCE, on the loth Day tf Februaiy, 1763 j containing the CeJ/ion of Canada to the Crown of Great Britain. HIS moftChriflianMajefty renounces all pretenfions which he has heretofore Cc^ono/'A^d- formed, or might form, to Nova Scotia, or Acadia, in all its parts, and guaran-t/a Scotia ur tecs th* whole of it, and all its dependencies, to the King of Great Britain. Acadia. Moreover, his moft Chriftian M.ijefty cedes and guarantees to his faid Britannic n ir er ^ Majefly, in full right, Canada, with all its dependencies, as will as the ifland of l'^^''^ j Cape Breton, and all the other iflandr and coafts in the Gulf and Rivir of St. Law- r . n et n rence, and, in general, every thing that depends on the faid countries, lands, illands ^Jj.v -n * and coafts, with the fovereignty, property, poflirflion, and all rights acquiied by ^ i ■ treaty or otherwife, which the moft ChritHan King and the crown of France have .< " jc „v had, till nosv, over the faid countries, ifiands, lands, places, coafts, ami their inha- • ^' /-p. bitnnts, fo that the moft Chriftian King cedes and makes over the whole to the ^j"'^ .^ faid King, and to the crown of Great Britain, and that in the moft ample manner •nd form, without rtftri£tton, and without any liberty to depart from the faid guaranty, under any pretence, or to difturb Great Britain in the poffeffions above- mentioned. His Britannic Majcfty, on his fide, agrees to grant the liberty of the Catholic Lil>efty of religion to the inhabitants of Canada : he will confequently give the moft efi'ec- f^* Catholic tual orders, that his new Roman Catholic fubjefts may profefs the worftiip of their fdigion to religion, according to the rites of the Romilh church, as far as the laws of Great '^' Canadi- Britain permit. «"»• His Britannic Majefty farther agrees, that the French inhafcitants, or oxh^n. Liberty for who had been the fubje£ls of the moft Chriftian King in Canida, may retire with the French all fafety and freedom wherever they fliall think proper, and may fell their ciiates, King' t fu^ provided it be to fubje£ls of his Britannic Majefty, and bring away their eii'eAs,je£fs to retirt as well as their perfons, without being reftrained in their emigration, under any wWfn 18 pretence whatfoever, except that of debt, or of criminal profecutions ; the term monr/^r, limited for this emigration fliall be fixed to the fpace of eighteen months, to be computed from the day of the exchange of the ratification of tl^e prefent treaty. ; fuftered any Q^iebeck, un- efentation to the perfon to :ecutcd in all ilion and any hout making G.R, The KING'S PROCLAMATION of OJIoher 7, 1763. WHEREAS we have taken into our royal confideration the extenfive and vt- luable acquifitions in America, fecured to our crown by the late definitive treaty of peace concluded at Paris the tenth day of February laft j and being defirous that all our loving fubjefls, as well of our kingdoms as of our colonies in America, may avail themfelves, with all convenient fpeed, of the great benefits and advanta- ges which muft accrue therefrom to their commerce, manufaclures, and naviga- tion, we have thought fit, with the advice of our privy council, to ifl'uethis our royal proclamation, hereby to publifli and declare to all our loving fubjedts, that we have, with the advice of our faid privy council, granted our letters patent un- der our great feal of Great Britain, toereft within the countries and iflands ceded and confirmed to us by the faid treaty, four diftindV and feparate governments, filled and called by the names of Quebeck, Eaft Florida, Weft Florida, and G^ena- d.i, and limited and bounded as follows, viz. Firft, The government of Quebeck, bounded on the Labrador coaft by the rivet Cf)^frfmefit St. John, and from thence by a line drawn from the head of that river, through of Shebtcki the lake St. John, to the fouth end of the lakeNipiffim j from whence the faid line, crofting the river St. Lawrence and the lake Chan^plain in forty-five degrees of north latitude, paftes along the high lands, which divide the rivers thatcmpiy themfelves into th« faid river St. Lawrence from thofe which fall into the fea ; C z and i|»» I'fl i ii ' ( '8 ) which you will herewith receive, in the firft place, take tlic oaths appointed to be taken by an aft paflcd in the firft year of and alfo along the north coaft of the Bayt dtsChaleurt, and the coaft of the gulf «f St. Lawrence to cape Rofiercs, and from thence eroding the mouth of the river St. Lawrence by the welt end of the iHand of AnticoAi, terminatei at the aforefaid river St. John. Covernmtnt Secondly, The government of Eaft Florida, bounded to the weftward by the •fEaJi Flo- gulf of Mexico and the Apalachicoii river; to the nortliward by a line drawn rida. from that part of the faid river where the Catahouchee and Flint rivers meet, to the fourceof St. Mary's river, and by the courfu of the f.rul river to the Atlan- ticlc Ocean ; anvi to the eaft and fouth by the Atlantick Ocean and the gulf of Florida, including all the iflands within fix leagues of the fea coaft. Thirdly, The government of Weft Florida, bounded to the fouthward by the gulf of Mexico, including all illands within fix leagues of the coaft from the river Apalachicola to lake Pontchartrain ; to the weftward by the faid lake, the lake Maurepas and the river Miftifippi ; to the northward, by a line drawn eaft from that par: of the river Miftifippi which lies in thirty-one degrees of north latitude, to the rifer Apalachicola, or Catahouchee} and to the eaftward by the faid river. Fourthly, the government of Grenada, comprehending the ifiand of that name, together with the Grenadines, and the iflandi of Dominica^ St. Vincent, and To- bago. And to the end that the open and free Alhery of our fubje£ls may be extended to, and carried on upon, the coaft of Labrador and the adjacent iflands, we have vernment of thought fit, with the advice of our faid privy council, to put all that coaft, from Newfound- the river St. John's to Hudfon's Streights, together with the Iflands of Anticofti land. and Madelaine, and all fmaller iflands lying upon the faid coaft, under the care and inl'pedtion of our governour of Newfoundland. We have aUo, with the advice of our privy council, thought fit to annex the iflands of St. John and Cape Breton, or Ifle Royale, with the lefler iflands adjacent thereto, to our government of Nova Scotia. We have alfo, with the advice of our privy council aforefaid, annexed to our province of Georgia all the lands lying between the rivers Atamaha and St. Mary's. And whereas it will greatly contribute to the fpeedy fettling our faid new go- vernments, that ourloving fubje£ts fliould be informed of our paternal care for the Power to the fecurity of the liberty and properties of thofe who are and ftiall become inhabitants governoun thereof; we have thought fit to publifli and declare, by this our proclamation, that of the new we have, in the letters patent under our Great Seal of Great Britain, by which govcrnmcnti ^^^ ^^^^ governments are conftituted, given exprefs power and dire^ion to our go- tojummon vernorsof cur faid colonies refpe^ively, that fo foon as the ftate and circumftances general af- '>f the faid colonics will admit thereof, they fliall, with the advice and confent of the members of our council, fummon and call general aflemblies within the faid governments refpe£>ively, in fuch manner and form as is ufed and dire^ed in thofe colonies and provinces in America which are under our imtnediate government; and we have alfo given power to the faid governours, with the confent of our faid council and the reprefentatives of the people, fo to be fummoned as aforefaid, to make, coplitute and ordain laws, ftatutes and ordinances, for the public peace, welfare, .ind good government of our faid colonics, and of the people and inhabi- tants thereof, as near as may be, agreeable to the laws of England, and under fuch regulations and reftriAions as are ufed in the other colonies ; find in the mean t'mcy and until fuch ajfemblies can be called as aforefaid, all ferfons inhabiting in, or riforting to, our faid colonies, may confide in our rtyal proteSion for the enjoyment of the benefit of The laws of the laws of our realm of England ; for which purpofe we have given power undet our England great f*al to the governours of our faid colonies refpeSfively, to erefi and confiitun,witb (hall be ob- the advice of our faid councils refpeSiively, courts of judicature and public jufiice ivithin ferved in our faid cohniesy for the bearing and determining all caufes, gs well criminal as civil, meaa time, according to law and equity , and as near as may hf agreeable to the lanvs of England, with liberty to all perjons who may think themfelves agrieved by thefentence of fuch (iurts, in all civil cafiSi to appetlf mji Flori da* Grenada, Enlargement cf the go- Enlargement of Nova- Scotia, Enlargement of Georgia. ftmblies. Power to make laws, with the confent of fuch ajj'tm- ilies. wr privy coutidlf under tbt uftttl limitatiens and refiriSiitnst to us in We Vi ot the rci thf futthti We have i give unto oi continent fu f»id new col nementi, ar flifpofe of, a under fuch i pointed and pear to us t( improvemen And whei approbation and to rcwai our foveral i un the conti duced ofticei and are a^u quantities o as other la alfo fubjef To eve To eve To ev Toev« Toevt We do li of all our fa titles of la of like ran of the red) fonally a And w curity of we are coi difturbed having be grounds; be our roy our coloni pretence beyond mifTions flies or p ther pica lands bey lantic Oo not havi Indians, And w aforefaid the faid faid thrc the Hud weftward north-w n th |t;ike tlie nrft year of [the gulf of le river St. ^e aforefaid rard hy the line drawn jiveri mett, ithe Atlan- the gulf of ard by the and inhabi- i under fuch be mean timet 1, or riforting the benefit of ver tmdet our nft'ttutt, viitb lufiice within final at civil, of England, ttence of fucb Jiinst to us in We P V. ( >9 ) of the reign of King George the firft, intitukd, " yfn aH for the Jut ther faurity (jj his Alajcjlj'i perjon and govaumtnt^ and the . . , . j'ncci'jjion Vie have alfo thought fit, with the advice of our privy countil as aforefftiJ, to P'^ioer t$ give unto our governuurs and councils of our l.iiJ Uiree new culoniLS upon \.\\e grant landt* continent full power and authority tu fettle and a^ree with the inlubit.iiu« uf our fiid new culuiiics, uraiiy other perfun who fhall rciurt thc:rctL>, lor luch lano?, le- nementi, and hereditaments as are now, ur hereafter ih.ill be, in our poMtr to aifpofe of, and ihem to (irant tu any fucli ^lerfun or pcrl'ins, upon futh terms and under fuch moderate 4uit-renti, fcrvices, and acknowledgmL-nts as have bcrn null a i- pear to us to be nccell'ary and expedient for the advantage of the grantees, and ImC improvement and lettlemcut of our faid coh nics. And whereas we are iicrirous, upun all occaliont, to tellify our royal fcnfe and L^^vdi to it approbation of ihe condudl and bravery of the officers and fuldiers of our aitnies, .■nt'i'fil to and to reward the fame, we do hereby command and impower our govcrnours ol /,',.j.a./ rff- our feveral three new colonies, and other ouigovernour* of our fcveral provinces cen andjU' on the continent of North America, to t"u , without fee or reward, to fuch re- diert. duced ufficers and foldiers as iiave fcrvcd in North America, during the late war, and are a^ually reAding there, and Ihallperionaliy apply for the fame, the following quantities of land, fubjed at the expiration of ten years, t'j l!)e i'anie quit-rents as other lands are fubjeA to in th« province within which they are gi anted, as alfo fubjeA to the fame conditions of cultivation and improvement, viz. To every perfon having the rank of a field oHicer, 50CO acres. To every captain, 3000 acres. To every fubaltern or dad:' officer, 2000 acres. To every non-commiffioncd officer, 200 acres. To every private man, 50 acres. We do likewife authorize and require the gnvernours and commanders in chief Avdlihenvife of all our faid colonies upon the continent of North America to grant the like quan- tc reduced titles of land, and upon the fame conditions, to fuch reduced officers of our navy cfficin oftbt of like rank as ferved on board our fliips of war in North America at the times naniy, of the redudlion of Leuifbourg and Quebeck in the late war, and who fliall per- fonally apply to our refpedtive governours fur fuch grants. And whereas it is jult and reafonable, and eflential to our intered, and the fe- curity of our colonies, that the feveral nations or tribes of Indians, with whom we are connected, and who live under our protedion, (hould not be moieded or diAurbed in the potTeflion of fuch parts of our dominions and territuries as, not having been ceded to U5, are referved to them, or any uf them, as their hunting grounds; we do therefore, with the advice of our privy council, declare it to be our royal will and pleafure, that no governour or commander in chief in any of our colonies of Qi^ebeck, Eaft Florida, or Weft Florida, do prefume, upon any pretence whatever, tc grant warrants of furvey, or pafs any patents, for lands -A fcyfr- bfyond the bounds of their refpeftive governments, as dcfcribsd in their com- "^''T^-'"'* miffions ; as alfo that no governour or commander in chief cf our ctl.cr coIo- mnke grants rles or plantations in America do prefume, for the prefent, and until our fur- of Itvm tiat ther pleafure be known, to grant warrants of furvey, or pafs pptfnts, for any '■'^'^'encihceu lands beyond the heads or fources of any of the rivers which f-11 into the At- j'""'^' ' "<"» lantic Ocean from the weft or north-weft, or upon any lands whatever, which, '"'^-f ' , 'J* not having been ceded to or purchafcd by us as aforefaid, are referved to the faid ^"' Indwm, Indians, or any of thom. And we do further declare it to be our royal will and pleafure, for the prefent, as jlUtKt l-ndt aforefaid, to referve under our foverelgnty, proteftion,and dominion, for the ufe of not inch -al the faid Indians, all the land and territories not included within the limits o^ our in the niio faid three new governments, or within the limits of the territory pranted io girnvm.nts the Hudfon's Bay company ; as alfo all the land and territories lying to the Jfh^l! '■' re- weftward of the fourcM of the rivers which fall into the fea from the wt-ft and /i/iw; for north-weft as aforefaid j and wt do beraby itri^ftly forbid, en pain of our d'lt-'the InJi^nt, plt-afure. ( =0 ) fiiC(r(ft(jnoftle crcwnin the heirs (ifthelatepr'imefs^ophia^he'tnrprO" ufrantSf find for extiu^^t(i/hing the hopes cf the prttended prhuc of ffiiie^, and his open and fccrct abettor \ ;" as alio that you inakc and fuhldibc the declaration mentioned in an aft of parlia- ment made in the twenty-fifth year of the reign of King Charles the lecond, intituled, *^ Ai ail for preventing dangers pleufure, all our \o\\n% fubjef>s from mikinf any purchafei or fetilemfnts what- fucvcr, or taking poll'cirion of any of the Itnds above referved, without our ff,.e- cial leave and licenfe for that putpofe firll obtained. Jill ptrfons And we do further ftri ly enjoin and require all perfoni whatfoever, who have fetthii on the «''her wilfully or inadvertently jeated themfelves upon any lands within the coun- greunJt re- "''^' above delcribed, or upon any other lands which, not having been ceded to JtrveJfir or purchafed by us, are ftill referved to the faid Indians as aforefaid, forthwith tht Indiani '° remove thcmfelvej from fuch fettlemcnts. art requirtd And whereas great frauds and abufei have been committed in the purchafmg to rttirt IsnJs of the Indians, to the great prejudice of our interrfts, and to the grrat dif- tbtrtfrom> f'tisfa^ion of the faid Indians ; in order therefire to prevent fuch irreguUritiei fur the future, and to the end that the Indians may be convinced of our juftice and determined refolution to remove all reafonable caufe of difcnntent, we do, with the advice of our urivy council, ftriftly enjoin and require, that no private Ko private perfun do prefume to make any purchafe from the faid Indians of any lands re- *r('t/«/f /fr- '^rved to the faid Indians, within thofe parts of our colonies where we have JontJhaU thought proper to allow fettlement ; but if at any time any of the faid Indians furcbafeatiy 'hould be inclined to difpufe of the faid lands, the fame flial! be purchafed only JanJt of the f*" u»» '" oi'f name, in fome public meeting or aflembly of the faid Indians, to Indiam, h^ held for that purpofe by the governour or commander in chief of our colony refpe^ively within which they (hall lie : and in cafe they Oiall lie within the limits of any proprietaries, conformable to fuch direflions and inftruAiont at we Tht trade or they Aall think proper to give for that purpofe. And we do, by the advice of nultb the In- our p'ivy council, declare and enjoin, thar the trade with the faid Indians fliall rin(c of u make parlia- f King dangers nn what- our ff^f who have the ti)un- ceded to forthwith purchafing grrat dil- rgularit'iet )ur juftice t, we dOf no private ' lands re- we have id Indians lafrd only ndians, to lur colony vithin the un* at we ; advice of lians fliall :rfon who rrying on ir colonic* ferve fuch •ies to be faid trade : mmanders cdiate gn« , to grant in a con" fc the per- egulationt r, as well ndian af- d Indians, 1 treafon, I fly from a proper hall ftand 73, in the which ( ai ) whUhmny happen from Pop'ip) recitfanti ;'* and likcwifc that you J*tl>«'fO''- take the oath ot" oHicu uiually taken by our govcrnours in the '^** other colonics for the ilue execution of the oilice and tiiift of our captain general and govcrnour in chief in and over our laid province, and for rbc due and imj urtial adniiniftration of jujllicc ; and furilicr, tliar you take the oath required to Oath to ob- he taken by the governcnirsot tlu' )>lantations to do their ut-]^"j'^'jj',_ moll that the fcv'ral laws ixiating to ti ado and plantations be ing to trade duly oblerved : vvhiJi laid oailis and declarations ourcoun-a"<* pl*»nt«- cil of our faid province, or any three of the members there- *'""'' of, have hereby full power and authority, and are hereby re- quired, to tender and adminifler to you,* All • The fclhivlng an oatht of allegiance and abjui ationof the Pope's power, and tic Prf trmicr't ri^ht to the cnivn of Great Briiain, I. The OATH of ALLEGIANCE, I A. B. do fincerely promife and fwear, that I will be faithful, and bear true allegianc-.-, to hii Maj'ifty Kinij George. Su help nic GUD. II. The OATH of ABJURATION of the FOPE'i POWER, I A. B. do fwcar, that I do from my heart abhor, deteft, and abjure, as im- pioui and heritical, that d 1 Montreal and Trois Rivieres* ( " ) Oiths tobe ^n which being duly performed, you flir.Il yourfelf ad- thecouucil- Hiinlfter to each of the members of our friid council, and to lvy,8cc.oi' the lieutenant-govcrnours of Montreal and Trois Rivieres, the faid oatlis mentioned in the faid aft, intituled, " ^n aB for the further fecimty of his Alajcjiy's perjon and government , and thrfuccefjion of the croivn in the heirs of the late Princefs So- phia, being Protcjiants, and for extinguifhing the hopes of the pre- tended Prince of ff'alcs, and his open and fecret abettors ;" and alfo caufe them to make and fubfcribe the afore-mentioned declaration, and alfo fhall adminifter unto them the ufual oaths for the due execution of their places and truft« And Sincerity of ail the jc de- eliiraiionSf auording to the plain meaning of the luordu And all thefe things I do plainly and fincerely acknowledge and fwear, accord- ing to thcfc exprefs words by me i'polcen, and according to the plain and com- mon fenie and undsrlbnding of the fame words, without any equivocation, mental evafion, or fecret refervation whatfoever. And I do make this recogni- tion, acknowledgment, abjuration, renunciation, and promife, heartily, wiU Jingly, and truly, upon the true faith of a christian. So help me GOD. The foregoing oath of abjuration is that mentioned in the commi/lion above- recited of captain general and governour in chief of the province of Quebeck, granted to general Murray, which was paH'ed in the life-time of the perfon , pretending to be the fon of King James the Second. Since the death of that Pretender it has been necefliiry to make fome alteration in the wording of It} and this has been done by the flatute of the 6th year of the reign of hit pre- fent Majefty, by which tlie following oath of abjuration is enjoined to be taken inttead of the former. IV. rif 047H of ABJURAriON of the RIGHT of any of the DESCEN- DANTS of the late King JAMES the SECOND to the CROWN of GREAT BRITAIN, Appointed hy the flat. 6 Geo, III. cap. 53. Aelnow I A. B. do truly and fincerely acknowledge, profefs, teftify, and declare, in ledgemeni of tny confcience, before God and the world, that our fovercign lord King George is the lawful and rightful King of this realm, and all other his MajeAy's dominions and countries thereunto belonging. And I d» folemnly and fincerely declare, that I do believe in my confcience, Peelaratm that not any of the defcendants of the perfon who pretended to be prince of cgainfl the Wales during the life of the late King James the Second, and, fince his dece-ife, pretended to be, and took upon himfelf the ftile and title of, King of England, by the nime of James the Third, or of Scotland, by the name of Jamee the Eighth, or the ftile and title of King of Great Britain, hath any right or title whatfoever to the crown of this realm, or any other the dominions thereunto belonging. And I do renounce, refufe, and abjure any allegiance or obedience to any of them. And I do fwear that I will bearfalfh and true allegiance to his Majefty King George, and him will defend, to the utmoft of my power, againft all traitorous confpiracies and attempts whatfoever, which /hall be made againft his perfon, crown, or dignity. And I will do my utmofl endeavour to difclofe and ma! e known to his Majefty, and bit fuccefTors, all treafons and traitorous confpiracies which I fliall know to be againft him, or any of them. And I do faithfully promife, to the utmoil of my power, to Aipport, main- maintain the tain, and defend the fticceflinn of the crown againd the defcendants of the faid Proteftant James, and all other perfons whatfoever ; which fucceflion, by an aft, intituledt fuccefm, « An aft for the further limiutionof the crowoi and better fecuring the rigtitt the King's right. title of the defcendanti •f the Pre- tender, Promife to defend the King, and difclofe all tonfpiradts, Promife to s? And \^ James M and at an authorize oaths me MaJeJ/s in the heir extinguifh and fecret as you fli into our i " and libert ele£lorefs an proteftants. And all tl ing to thefe fenfe and ur evafion, or f« knowledgem truly, upon V. '. I A. B. in the facrar or after the Five yean to wit, in tl J679, anotlj appointed tc tion againft I Appt\ I A. B. and declareJ is not any tf blood of CI and that til and the faci^ fuperltitiouj And I dc make this the words rl without anf out any difj| authority < from any be acquitte thereof, altj ihall difper from the bl lelf ad- and to [ivieres, ernmeuty icefi So- thepre- I;" and mtioned ufual And !ar, accord- and com- [ulvocation, lis recogni- rtily, wil. ) me GOD. (Hon above- f Quebeck, the perfon th of that rding of it } of hi I pre- o be taken DESCEN- CROfFN of declare, in ing George s MajeAy's confcience, i prince of his dece.c»turei as you and they fliall think fit and neceflary, for the hear- ing and determining of all caufes, as well criminal as civil, ac- cording to law and equity, and for awarding execution there- upon, with all realbnable and neceflary powers, authorities, fees, and privileges belonfflns: thereto : as alfo to appoint , , 1 -rr ^ r .- ° • i /- i r and tO vv/.i and commiflionate nt perlons in the leveral parts or your miffionate government to adminlfter the oaths mentioned in the afore- fit perfons to faid aft, intituled, " An aB for the further fccimty of his if^f'^j^", Mqjeffs perfon and government^ and the fuccejjton of the crown faid oaths to in the heirs of the late prince fs Sophia^ being protefantSj and for perfons be- extinguifhing the hopes of the pretended prime of fValcSy and his |-u"^'courts. open and fccret abettors ; as alfo to tender and adminifter the aforefaid declaration to fuch perfons belonging to tli? faid courts as fliall be obliged to take the fame, D % And com- \ A I i Power to appoint judges,com miflioners the peace, and other officers of juftice. Power to pard«n crimes* ( 25 ) And we do hereby grant unto yoa full power and authority to conftltute and appoint judges, and, in cafes requlfite, com- miffioners of Oyer and Terminer, jullices of the peace, and ^ Oyf »»«^ other neceflary 'officers and minifters, in our faid province, jurtUeTof for the better adminiftration of juftice and putting the laws in execution ; and to adminifter, or caufe to be adminiftered, unto them, fuch oath or oaths as are ufually given for the due execution and performance of offices and places, and for clear '- ing the truth in judicial caufes. And we do hereby give and grant unto you full power and authority, when you fhall fee caufe, or fhall judge any offender or offenders in criminal matters, or for any lines or forfeitures due unto us, fit obje£l:s of our mercy, to pardon all fuch ol- fenders, and remit all fuch offences, fines, and forfeitures, treafon and wilful murder only excepted ; in which cafes you fhall likewlfe have power, upon extraordinary occafions, to grant reprieves to the offender until, and to the intent that, our royal pleafu re maybe known therein. And we do by thefe prcfents give and grant unto you full power and authority to collate any perfon or perfons to any churches, chapels, or other ecclefiaftical benefices within our faid province, as often as any of them fliall happen to be void. And we do hereby give and grant unto you, the laid James Pj^ Murray, by yourfelf, or by your captains and commanders thcnTagainft by you to bc authorized, full power and authority to levy, enemies, pi- arm, mufter, command, and employ all perfons whatfoever refiding within our faid province ; and, as occafion fliall ferve, them to march, embark, or tranfport, from one place to ano- ther, for the refilling and withftanding of all enemies, pirates, and rebels, both at land and fea ; and to tranfport fuch forces to any of our plantations in America, if necclfity Ihall re- quire, for the defence of the fame againft the invalion or at- tempts of any of our enemies; and fuch enemies, pirates, and rebels, if there fhould be occafion, to purfue and profecute in or out of the limits of our faid province : and, if it fliall fo pleafe God, them to vanquifli, apprehend, and take ; and, being taken, according to law to put to death, or keep and and to exe- preferve alive, at your difcretion ; and to execute martial la\y law hi't^^e ^'^ ^^"^^ °^ invafion, war, or other times, when by law pfw'ar. it ni^y be executed ; and to do and execute all and every other thing and things which to our captain general and governour in chief doth, or of right ought to belong. And we do hereby give and grant unto you full power and authorijty, by and with the advice and confcnt of our faid council, Power to collate to ecclefiafti- cal benefi- ces. Power tolc vy troops and cm rates, and rebels } council, fo many and forti; neceflary with ort neceffary and by tl to demol And f< pen by j of war, 5 ployed a and orde James 'W. appoint commam tenants, commilfi war, accc fecond y* tied, ". of par I tar jhlps, ve^ authoritl every off diforderl time oft or bays i require, during t] Provi( to the er or have thing cc of the 1 your gc mailer, who Ih; any of diate cc executin from oi under th piander, uthortty e, corn- ice. and rovince, laws \n niftered, • the due or clear r- iwer and offender rfeltures luch ol- ■feitures, lafes you (ions, to ent tJiat, you full 5 to any ithin our I be void, id James imanders to levy, liatfoever lall ferve, e to ano- i, pirates, ich forces Ihall re- on or at- ates, and profecute It fliall fo ke ; and, keep and artial la\y by law cry other ;overnour ower and our faid ccvincil, ( 27 ) council, to ereft ralfe and build in our faid province, fuch and co^nfcnt^of fo many forts, platforms, caftles, cities, boroughs, towns, the council, and fortilications, as you, by the advice aforefaid, fhall judge ^'^ ''"'''* neceilary, and the fame, or any of them, to fortify and furnilh caftles^" with ordinance, ammunition, and all forts of arms fit and and to tort!, neceffary for the fecurity and defence of our faid province; *■". J*"** ^'"■" and by the advice aforefaid, the fame again, or any of them, with ami« to demolifli or difmantle as may be moft convenient. &c. and to And forafmuch as divers mutinies and diforders may hap- ^f'["°'>''' <»» pen by perfons fliipped and employed at fea during the time them, of war, and to the end that fuch as fliall be fliipped and em- ployed at fca during the time of war may be better governed Powertoap- and ordered, we hereby give and grant unto you, the faid James Murray, full power and authority to conftitute and point cap- appoint captains, lieutenants, matters of Ihips, and other "^^'"^ *"1 commanders and officers ; and to grant to fuch captains, lieu- j.ers'^of fliip» tenants, matters of fliips, and other commanders and officers, and to grant commiflions to execute the law martial, during the time of-*^.^ "'"■* war, according to the directions of an aft patted in the twenty- excute the fecond year of the reign of our late royal grandfather, inti- law martial* tied, ** u^n a5l for amending^ explaining, and redu&ing into one aH of parliament, the laws relating to the government of his Maje fly's Jhips, veffeh, and forces hyjea,^ and to ufe fuch proceedings, authorities, punifliments, correftions, and executions upon every ott^endcr or offenders, who fhall be mutinous, feditious, diforderly, or any way unruly, either at fea, or during the time of their abode or relidence in any of the ports, harbours, or bays in our faid province, as the cafe fliall be found to require, according to martial law ; and the faid diredlions, during the the time of war, as aforefaid. Provided, that nothing herein contained fliall be conftrued This fliall to the enabling you, or any by your authority to hold plea, "°^ ^^^^ or have any jurifdiftion of any off^ence, caufe, matter, ox^^l^ o'^^^* thing committed or done upon the high fea, or within any board ftips of the havens, rivers, or creeks of our faid province under «;onimif- your government, by any captain, commander, lieutenant, th "^admi- matter, officer, fcaman, foldier, or perfon whatfoever, ralty, whc« who ihall be in aftual fervice and pay, in or on board ''I'^y 'J."'"" any of our ihips of war, or other vettels afting by imme- either on '^^ diate commiflion or warrant from our commiflioners for the high fea, executing the office of high admiral of Great Britain, or °'' '" '^'"'>' "* from our high admiral of Great Britain for the time being, or havcn»' under the feal of our admiralty ; but that fuch captain, com- piandcr, lieutenant, matter, officer, feaman, foldier, or other perfon. But tliefe ( --8 ) perfonTftidi pcrfon fo offend'uig, fliall be left to be proceeded againfl:, be tried for and tried, as their otTences lliall require, eitlier by conimif- fuch «fti:n-{ion under our great ieal of this kinj^dom, as the ftatute of by* cornmiV- ^^^c twcnty-eighth of Henry VIII. direfts ; or by commif- ftons under fion from our faid coinm'ihoners for executing the office of the great hitih admiral of Great Britain, or from our high admiral of Britain or Great Britain for the time bemg, accordmg to the afore- by commif- mentioned a£l, intituled, ^^ An aci f'lr amending^ explainhigy fjon from ^,^^ reducing into one ad of parliament, the laves relating to the raUy. '"*' government of his Majefrfijhips, vejjels, and forces by fea'^^ and not orherwile. But for of- Provided neverthelefs, that all diforders and mii'demeanors tenets com- committed on Ihore bv any captain, commander, lieutenant, mitted on mailer, officer, fcaman, foldier, or other perfon vvhatfoever pcrfons fliall bclongmg to any ot our Ihips ot war, or other vellels actmg be tried and ^;,y immediate commiffion or warrant from our commiffioners punifl»edac-£^^ exetutinGj the office of hicrh admiral of Great Britain, or cording to o ,-,/./'-- ^ n -^ • c i • i • the laws of from our high admiral of C^reat Britain tor the time being, the place under the feal of our admiralty, may l)e tried and puniflicd ^^^^"^^^^1 J according to the laws of tlie })lace, where any fuch diforders, be commit- offences, and mifdemeanors fliall be committed on fliore ; *««•• notwithftandino; fuch offender be in our aftual fcrvice, and borne in our pay on board any of our fliips of war, or other vefTels afting by our immediate commiffion, or warrant from our commiffioners for executinsj the office of hijrh ad- miral of Great Britain, or from our high admiral of Great Britain for the time being, as aforefaid, fo as he fliall not receive any protection for the avoiding of juflicc for iuch ofFencts committed on fliore from any pretence of his being employed in ourfervice at fea. Power with And our further will and pleafure is, that all public mo- confcnt of jgj, ^.^^1^-j.j.j or which fliall be raifed, by any aft hereafter the council , i -.i • r • \ • i -.j- i i todifpofeotto be made within our laid province, h^. iluied out by war- public mo- rant from you, by ai:-l with the advice and confent of our fj'^^ort'^of council, as aforefaid, for the fupport of the government, and government P ti grant }ands. not otherwiie. Power wiih And wc likewife give and grant unto you full power and the c'o"ur,cil authority, by and with the advice and confent of our faid ' council, to fettle and agree with the inhabitants ot our faid province for fuch lands, tenements, ap:' hereditaments, as now are, or hereafter fliall be in our |;ower to difpofe of, and them to grant to any perfon or perfons upon fuch terms and under fuch moderate quit-rents, fervices, and acknow- ledgements to be thereupon referved unto us, as you, with the the »idv pafs, ar and bci fliall be law aga Provi with de; hereafte by our any artii our pri\ granting publifliec ner as th And \ power an alfo fuch other pla and for merchand the advic( fit and ne And w tniniflers, our faid you, the commiffic tained; al province as al gran t all af to be byl or until And ill province,! vernor of rity of thJ «ur faid c\ in mentic fence of R-ivieres perfon w| lieutenant being. immif- tute of ^mmil- ffice of liral of afove- lainingy f^ to the I ;" and meanors utenant, latfoever Is a£ling liffioners itain, or e being, puniflicd Ulbrders, n fliore ; /ice, and war, or r warrant high ad- of Great 111 all not for iuch his being ublic mo- hereafter it by war- ;nt of our iment, and ->ower and f our faid t our faid amcnts, as difpofe of, Uich tenns d acknow- YOU, with ( 29 ) the advice aforefaid, fliall think lit; which faid grants arc top""!' '? pals, and be lealcd by our public leal ot our laid province, public feai and being entered upon record by fuch officer or olficers as and to be Iball be appointed thereunto, Ihall be good and eftcdtual in "^s''^"''** law againft us, our heiis and fucceirors. Provided the fame be conformable to the inftiu6lions here- Thefe with delivered to you, or to fuch other inftru£tions as may k""" '"*''* hereafter be lent you under our iignct and lign manual, or conformable by our order in our privy council ; which inftruftions, or to the any articles contained therein, or any fuch order made in ^'"f * "*" our privy council, lo tar as the lame ihall relate to the granting of lands as aforefaid, ihall from time to time be publiflied in the province, and entered on record in like man- ner as the laid grants are hereby directed to be entered. And we do hereby give you the laid James Murray, full Power, with power and authority to order fairs, marts, and markets ; «ind jj"^^"[, "^.^ alfo fuch and fo many ports, harbours, bays, havens, and to appoint other places for the convcniency or lecurity of fliipping, fi«i«> *c. and for the better loading and unloading of goods and merchandizes, in fuch and fo many places, as by you, with the advice and content of our faid council, Ihall be thought ht and neceflary. And we do hereby require and command all officers and All officers, miniflers, civil and military, and all other inhabitants of &c. to aid our faid province to be obedient, aiding, and affifling unto g"yj,^j.,,'jj|'^^ you, the laid James Murray, in the execution of this ourheut.gov. in commiffion, and of the powers and authorities therein con- ^'^^ cxecu- tained; and in cafe of your death or ablence from our faid ^^"j^^^.j-^^' province and government, to be obedient, aiding, and aflift- ing, as aforefaid, to the commander in chief for the time being, to whom we do therefore by thefe prefents give and grant all and lingular the powers and authorities herein granted to be by him executed and enjoyed, during our pleafure, or until your arrival within our faid province. And in cafe of your death or abfence from our faid who to be province, our will and pleafure is, that our lieutenant go-fOTimander vernor of Montreal or Trois Rivieres, according to the prio- |"^g ''^y" rity of their commiHions of lieutenant governour, do execute vince, in our faid commiilion with all the powers and authorities there- "'^ "^ ^^^ in mentioned, as aforefaid. And in cafe of the death or ab- ^J^^.^ '"^{{^^'^ fence of our lieutenant governours of Montreal and Trois governor. Rivieres from our faid province, and that there fliall be no perfon within our faid province appointed by us to be lieutenant governour or commander in chief of our faid pro* vincc. ( 3° ) vince, our will and pleafure is, that the eldcfl: councillor, who fliall be, at the time of your death or abfence, re- fiding within our laid province, Ihall take upon him the adminiftration of the government, and execute our faid com- miflion and inftruftions, and the feveral powers and autho- rities therein contained, in the fame manner and to all in- tents and purpofes, as other our governour or commander in chief fliould or ought to do, in cafe of your abfence, or until your return, or in all cafes until our further pleafure be known This office And we do hereby declare, ordain, and appoint, that !i°,;^J^ !l^'**you, the faid James Murray, fhall and may hold, execute, during the J ^ . , ^_ jir ^ ' i i King'splea- and enjoy the omce and place ot our captam general and go- vernor in chief, in and over our faid province of Quebeck, and all the territories dependent thereon, with all and lin- gular the powers and authorities hereby granted unto you, for and during our will and pleafure. In witnefs whereof we have caufed thefe our letters to be made patent ; witnefs ourfelf at Weftminfter, the twenty -firll day of November, in the fourth year of our reign. By writ of privy feal. (Signed) YORKE & YORKE. Recorded at the Treafury chambers, Whitehall, the 28th day of November, 1763. fure. (Signed) T. TOMKYNS. Recorded in the Regifter's office in Quebeck, the 7th day of June, 1766. (Signed) J. GOLDFRAP, D. Regr. COMMIS' iclllor, :e, re- 5 m the Id com- I autho- Jall in- jnder in (or until Ifure be nt, that xecute, and go- ^ebeck, and iin- ito you, whereof witnefs >vember. rORKE. 28th day :yns. ^th day of D. Regr. )MMIS- ( 3« ) COMMISSION of VICE-ADMIRAL. GEORGE the THIRD, hy the Grace of God, of Great- Brhaw, France, and Ireland, King, Defender of the Faith, to our beloved J fiMEs ^UKK AY, Efquire, our Captain General and Governour in Chief in and over our Province of ^tcbeck, in jimcricay Greeting : T^E, confiding very much in your fidelity, care, and cir- * ' cumfpeftion in this behalf, do, by thci'e prefents, which are to continue during our pleafiire only, confitute and depute you, the faid James Murray, Efquire, our captain general and governour in chief aforefaid, our vice-admiral, commif fary, and deputy in the office of vice -admiralty in our province of Quebeck aforefaid, and territories thereon depending, and Commiirion in the maritime parts of the fame and thereto adjoining ^° *?' ^'"^^' whatfoever ; with power of taking and receiving all and commi ffarv. every the fees, profits, advantages, emoluments, commo- & dcj-uty m dities, and appurtenances whatfoever due and belonging to ''J^''^".'"' the faid office of Vice- Admiral, CommliTary, and Deputy raity in the in our province of Quebeck, and territories depending there- piovince of on, and maritime parts of the fame and adjoining to them Qil'=^"''* whatfoever, according to the ordinances and Hatutes of our high court of admiralty in England. And we do hereby remit and grant unto you, the afore- To wimt faid Tames Murray, Efquire, our power and authority in l"!"^*,'^.* 11 1 •''.^ r/-»iir • 11 vice-adim- and throughout our provmce of Quebeck aiore-mentioned, and ral's jurif- territories thereof, and maritime parts whatfoever of the fame diftion ftajl and thereto adjacent, and alfo throughout all and every the fea- •='"^"'*' fhores, public fresms, ports, frifjj-ivater rivers, creeks, and arms as well of the fea as of the rivers and coafls ivhat fever of our faid province of Rebeck, and territories dependent thereon, and maritime parts whatfoever of the fame and thereto adjacent, as well within liberties and francliifes as without ; to take cog- !„ ^hat nizance of, and proceed in, all civ/' end maritime caufs, and in c^^aks. complaints, contracis, offences, or fufpcchd offences, crimes, picas, debts, exchanges, eiccounts, chartcr-partys, agreements, Juits, tref- pafps, injuries, extortions, and demand:,, and bufncjs civil and maritime whatfoever, commenced or To bt: commenced be- Yinvt:en tween merchants, or between owners and jnoiirietors of fhips what ter- and other veflels, and merchants or oth( rs vviK^iiifbevcr with '^°'^'' fuch owners and proprietoiii i>i fhipi -nd all ciiicr vciicl^ E whut- I I r: t> .fc i! H i i; ■ ( 32 ) whatfoever, employed ov ufed within the maritime jurirdlftion ot' our vicc-iKhninilty of our fai'^l province of Qutbeck, and territories depending on the fanw, or between any other per- sons Wiiomlbever, h;n!, made, begun, or contraftcd for any matter, tiling, caufe, or bulinefs whatfoever, done or to he done within our maritime jurifdidlion aforelaid, together with all and iingular their incidents, emergencies, dependencies, annexed or connexeil caules whatfoever or howlbever, and fuch caufcs, complain»^«, coutrad^s, and other the premifes above faid, or any of them, whlcli may happen to arife, be contra£\e'!, had, or done, to hear and determine accord- ing to the rignts, fcatutcb, laws, ordinances, and cuftoms an- ciently obferved. And moreover, in all and fmgular complaints, contrads, agreements, caufes, and biilinefles, civil and maritime, to be performed beyond the tea, or contracted there, howfoever arifing or happening; and alio in all and lingular other caufes and matters, which in any manner whatfoever touch or any way concern, or anciently have and do, or ought to, belong unto the maritime jurifdiftion of our afctslaid vice-ad- miralty in our faid province of Qiiebeck, and territories there- on depending, and maritime parts thereof and to the fame ad- joining whatfoever ; and generally in all and lingular all other caufes, fuits, crimes, offences, cxcefles, injuries, com- plaints, mifdemeanours, or fufpefted mifdemeanours, tref- palles, regrating, foreflalling and maritime bulinefles what- Ibever, throughout the places aforefaid, within the maritime jurifdiftion of our vice-admiralty v^'our province of Quebeck aforefaid, and territories thereon depending by fea or water, or the banks or fliorcs of the fame, howfoever done, com- mitted, perpetrated, or happening. To enquire And alfo to enquire by the oaths of honeft and lawful men i-y ajury ot(,f Q^j. faid provincc of Quebeck, and territories dependent fuchmatteri , i ... ^^ c J\ r 1 j* • • as of right, thereon, and maritime parts of the lame and adjoining to and by an- them whatfoever, dwelling both within liberties and fran- cicnt laws ^hifes and without, as well of all and lingular fuch matters ought to be ^i^d things which oi right, and by the Itatutes, laws, or- enquiredof;dinances, and the cuftonis anciently obferved were w^ont and andofwreck°"S^t to be enquired after, as of wreck of the fea, and of of the fea, all and fingular the goods and chattels of what ibcver traitors, and the piratcs, nianllavcrs, and felons howfoever offending within mUw8 and^^^^ ^"'^^''^''"'''"i'-^'"''''^^^'*^''^ of our vicc-admlralty of our pro- ff.l-ns; vince of Queiieck afore-mentioued, and territories thereunto belonging, and of the goods, chattel >, and debts of 'all and lingu- fingular tl afliilants \ And al perfon or howfoeve time juri chattels, ' faid provi and mari foever, a- been or f And r whatfoev offendini; tainors, ; goods, c attainted put, inc or any o inggood found or whatfoc^ found, c ties, as v of the f( ters, por whatfoe ter, or \ our mai by wh: wherefc miles, with or And and of phin«=, whatfoi ancient belong And tain fo Great ferve t tels of all ma. . . ( 33 ) fincjular their maintainors, acceflarics, counfcllors, ctto»^,or afllilants vvhomfocvcr. And alio of the gooch, debts, and chattels of ^ iiatioevc l^j^^^^jY^, {)erfon or perlbns felons of thcmlVlvcs, by what means oi 'ms'of lovvfocver coming to their death within our aforetaid mai'l-i'iemf'**':' time jurifdi£lion, wherelbcver any fuch goods, debts, and chattels, or any part thereof, by fca, water, or land in our faid province of Qiicbeck, and territories thereon dependent, and maritime parts of the fame and thereto adjacent what- ' foever, as well within liberties and friincliilcs as without, have been or fliall be found forfeited, or to be forfeited, or in being. And moreover, as well of the goods, debts, and chattels of whatfoever other traitors, felons, and manlhiycrs wlierefoevcr offending, and of the goods, debts, and chattels of their main- tainors, acceilaries, counfcllors, abettors, or ailiftants, as of the goods, debts, or chattels of all fugitives, pcrlbns conviftcd, attainted, (ondemned, outlawed, or howibever put, or to be put, in exigent for trealbn, felony, inanllaughter, or murder, or any other offence or crime whatfoever ; and al(b concern- ing goods waived, flotlbn, jctfon, .lagon, Iharcs and treaiurc Alfo of found or to be found ; deodands, and of the goods of all others go"Js walv- whatfocver taken or to be taken as dcrellft, or by chance 'p,',v,p7n°r* found, or howfoever due or to be due ; and of all other cafnal- deodands, ties, as well in, upon, or by the fca and Ihores, creeks or coafts 'icreiias, of the fea, or maritime parts, as in, upon, or by all frcfli wa- "afu^uir ters, ports, public ftrcams, rivers, or creeks, or places overflown upon the' whatfoever within the eljbing and liosving of the fea or high wa- f^a, or fca- ter, or upon the Hiores and banks of any of the fame within ^"g^^tvater our maritime jurifdiftion aforefaid, howloever, whenfoever, or rivers, as f.ir by what means foever arifirg, happening, or proceeding, or ^^ ^^' tide wherefoever fuch goods, debts, and chattels, or other the pre- °""' mifes, or any parcel thereof, may or fliall happen to be met with or found within our mnritimc jurildidion aforefaid. And alfo concerninfji:anchora2;c, laftasie, and ballailof fliips, Alfo of nn- and of fiilies royal, namely fturgcons, whales, porpoifes, dol- 13(^3-^ '|„i. phins, kiggs, and gratMjnifles, and gcnerallv of all other fijbesuiv. and whatfoever which are of a great or very btr^c bulk or fatnefs, ^^'^" '°i^** anciently by right, or (^uftom, or any way appertaining or belonging to us. And to a Ik, require, levy, take, collc£V, receive, and ob- Power tore- rain for the ufe of us, and to tjie office of our hioh admiral of "'7 ^^'° . Orcat JintrTin aiorelaid tor the tirnc being, to keep and pre- the King'ti ferve the faid wreck of the fea, and the goods. debt=, and chat- "fe ^'i the tels of all and fingulav other the prcmifes, together with all and ajjovetmen- all manner of lines, mul6ls, iffuf^, forfeiture?, amerciaments, tioned ; K ?, i-jri- ar.d allfcncs i i'i i I I J! province, and recog- rizancri forfeitrd therein : ( 34 ) J'J*P*JJ|^'' ^^^y ranfoms, and recognizances wliatfoever, forfeitcc!, or to be adiUnhy" ff^f^citccl, aiul pccuniai'y punifliments for trefpaiTes, crimes, held in this injuries exfortions, contempts, and other mifdemeanors wh^t- ibcvcr, howfocvcr impofcd or intliftcd, or to be impofcd or in- flifted, for any matter, caufe, or thing whatfoever in our faid province of Qiiebeck, and territories thereunto belonging, and maritime parts of the fame and thereto adjoining, in anv court of our admiralty there held, or to be held, prefentcd, or to be pre- sented, afTcircd, brouglit, forfeited, or adjudged ; and alfo all amerciaments, ilfues, fines, pcrquifites, mvilfts, and pecuniary punifliments whatlbever, and forfeitures of all manner of recognizances, before you or your lieutenant^ deputy or deputies, in our faid province of Q^icbcck, and territories thereunto be- longing, and mnritime parts of the fame and thereto adjacent whatfoever, happening, or impofed, or to be impofed or in- fh<5ted, or by any means aUcfled, prefentcd, forfeited, or ad- judged, orhovvfoever, by reaJbn of the premifcs, due or to be due in that behalf to us, or to our heirs and fuccellbrs. and to take ^nd further, to take all manner of recognizances, cautions, \»r!c"i\ni obligations and ftipulations, as well to our ufe as at the in- hon is for flaucc of any party's, for agreements, or debts, or other ^ f! ^'".^'' caufes whatfoever, and to put the fame into execution, and to oVptivste'^ caufe and command them to be executed; and alfo to arrejiy fabjcfts : a^id cauje and command to be arrrfled, according to the civil and and to award maritime laws and ancient cuftoms of our faid court, all fliips, wponihem- P^rfons, things, goods, wares, and merchandizes, for the pre- anj toarrert mifes, and cvcry of them, and for other caufes whatfoever ^'f''p"'"^*» concerning the fame, wherefocvcr they fliall be met with or for ciuies round throughout our laid province or Quebeck, and territo- " arifing ries thereunto belonging, and maritime parts thereof and there- v-ithin the jQ adjoining, as well within liberties and franchifes as without ; jjtifdiftion: snd likewife for all other agreements, caufes, or debts, how- foever contracted or arifing, fo that the goods or pcrfons may be found within our jurifdiftion aforefaid, «nd to hear ^^f| to hear, examine, difcufs, and finally determine the riine the lame. With their emergencies, dependencies, mcidcnts, an- Un\ caufes, ncxed and connexed caufes and bufuiefles whatfoever ; toge- jn'auer!' i'^! ^^"'^ ^^'^^^^ '^^^ "^^^^ caufcs civil and maritime, and complaints, cident contrafts, and all and every the refpeftive premifes whatfoever thereto i above cxprclfed, according to the laws and cuftoms aforefaid, and by all other lawful ways, means, and methods, according to the beft of your ikill and knowledge, pd Mrfo'ps ■^'^'•^ ^" compel all manner of perfons in that behalf, as tn appear the cafc fliall require, to appear and to anfwer, with power aiid anfvver: q£ of ufing a penalty o And to der and c into the t And t( prifon, ai gaols, bei territories tontemnc faid, and abfentersj Wrights, i cifing an) ftatutes, I and to de mand to cafes, wli And tc ports, riv maritime our provi bclonffint; cent wh; royal, ar minions i rivers ant And :il faid prov and mnri the right obfcrvcc And t< otiicr ihi right, an cuftoms And n fill engil fiflies \\\ frcili vv vince of and mjir cxercift". ever. to be icrimes, s wh^t- d orin- ur faicl ng, and court I )e pre- allb all :uniary mcr of nto bc- idjacent 1 or in- or ad- or to be lutions, the in- other and to arrejiy ivil and II fliips, the pre- itlbcver »vith or territo- \ there- ithout ; , how- is may ine the ts, an- toge- )lanus, tfoever refaid, ording ilf, as power of ( 35 ) of ufinc; any temporal coircdtion, ;in'! of infli'if^inp; any other penalty or iniil*^, according lo the laws and cuftqms at'orcliiid. And to (!o niul adininllU'i juflice according to the ri,i;ht or- der and coiirfc of law, I'utnmarily and plainly, looking only into the trutli of the faifi-;. And to line, corrti'^, punlfli, chaflife, reform, and to ini-and t-^ f^m prifon, and caufe and coniinand to be imi)ri(bne(l, in any*'"'. '"'" gaols, I)cnig witlun our province ot C^^icIk-ck .''lorelaid^ aniip,r,ii;, ,h^t territories ihereunto belonging, the parties guilty, and the'7>-i" l-c contemners o^ the law and jurildiftion of our admiralty afore- *"''"'' ^"'J'/ jaid, and viol Iters, ufurptr'-., dciincpjcnts, and ctjntuinaciousjiver ana ' abfenters, mvillcrs of lliips, mai-iners, rowers, fiihermcn, jjiip- tiifcharpp wridits, and other vvoikmcn and artificers whatfyvvcr, cxer-'^'^T }fr\Un ciling any kiml or maritnne atrairs, accortung to the nights, priioncj for flatutes, h'.ws, and ordinances, and cuflonis anciently obfervcd ; f''c 'i^me, and to deliver and ablblutelv difcharcre, and caul'e and com- ^"'^'i''''"^^ mand to l)c diicharged, vviiatfocver perlons impriloned m luch i„ aikhaig, cafes, wlioarc to be delivercil. erovinco of Qiiebeck, and territories thereunto belonging, and maritime parrs thereof and thereto adjacent whailbever, the rights, datutcs, lii\v«, ordinances, and cuftoms anciently obfervcd. And to do, cxc'-ciu;, cxpclitc, and execute all and fmgular other things in the premifcs, and ever of them, as tliey by right, and according to the laws and ftatutes, ordinances and cuflomsuforcfaid, IbouM be tlonc. And moreover, to reform nets too clofc, and other unlaw- and to re- fill en^'ines or inftiuments whatfoever for the catcliincc of furm n ts fiflies \v]iereibe\ .r, by lea, or public flreams, ports, rivers, ^['j'' ^"'^"* frcfi) waters, or creeks whatioever, throughout or.r pro- otjin- un- vinceof Quebc.'.aforefald, and tcrritori:;; dejjcnding tlicrcon, lawful en- and maritime parts of the fame \.\i\i\ thereto adiaccnt, ufcd or ^'"7.""" exercifcu vvJlJun our maritime jurifdictiun aforcxMd whtrefo- i;/]) j ever. • And «n^ to pro- ceed in the faiJ caui'cs ; ( 36 ) ■rifi to pu- And to punlfli and correcl the exerclfers and occupiers thcrc- whVmake *^^' -according to the ftatutcs, laws, ordinances, and caftoms tifL-otthem: aforelaid. and M pro- ^^xd to proHouncc, promulgc, and intcrpofe all manner of "fiTr'erinTii Sentences and decrees, and to put the fame in execution ; with caufcareiai- cognizance and j\irifdi(5tion of whatfoever other caufes, civil irig to the an^ mnritime, which relate to the fea, or which any manner th-'fim/lii of ways refpeft or concern the fea, or paffagc over the fame, execution ; or naval or maritime voyages, or our faid maritime jurifdic- tion, or the places or limits of our faid admiralty, and cogni- zance afore-mentioned, and all other things done or to be done. With power alfo to proceed in the fame, according to the ■(latutes, laws, ordinances, and cuftoms aforefaid anciently ufed, as well of mere office mixt or promoted, as at the in- ftance of any party, as the cafe fhall require and feem con- ani tohavf venlcnt : and likewife with cocjnizance and decision of wreck cogniziP'" of he fea, and of the death, drowning, and view of dead bo- the fea, and dies of all perfons howfocver killed, or drowned, or murdered, \ic".vordejd or which fliall happen to be killed, drowned, or murdered, ^I'^l" "* or by any other means come to their death in the fea or pul:>- coming to 1'^ ftrcams, ports, frefh waters, or creeks whatfoever, within their deaths the flowlng of the fea and high-water mark throughout our ijnonthef.'a aforefaid provinceofQuebcck, and territories thereunto belong:- tbfl mari- iHf^, and maritime parts of the fame and thereto adjacent, cr t Lie jurif- elfewhcre within our maritime jurifdiftion aforefaid. QidioTj. Together with the confjjni/ance of mayhem in the aforefaid ai'il to have ^ . , . ,. "^ ...,._ . •'^ r • 1 .a^iiizance placcs, Within our mantunc junldiction aforcfaid, and flowmg of mjyhpin of the fca and water there happening ; with power alfo of pun- in!ui;i'mV ^^'^''^S '^^^ delinquents in that kind, according to the exigences jurifdia.on. of the law and cuftoms aforefaid. And to do, exercifc, expedite, and execute all and lingular other things which in and about the premifes only iliall be neccilary or tliought meet, according to the rights, ftatutes, laws, ordinances, and cuftoms aforefaid. f4ithpoiver of deputing and furrogating in your place for the premifes one or more deputy or deputies^ as often as you fliall think ''"':; and alfo with power from time to time of naming, ap- ro appoint pointing, ordaining, aligning, making, and conftitutingwhat- ui^tjinor of. foever other neccilary, fit, and convenient officers and mini- fters under you for the faid office and execution thereof in our faid province of Quebec, and territories thereunto belonging, and maritime parts of the fame and thereto adjacent whatfoever. Saving always the right of our high court of admiralty of Eng- landy and alfo of the judge and rcgijlrar of the faid court, from whom. power to make one cr more de puties whom, or derogate I be wrongc tory dccn our provin longing, admiralty Provide that if yo general ai end of ev{ au"el and certilied ( lieutenant cial, andji of Englan tueof thef in the prei faithful ac and fealed that from tent of the 111 all be ni Further governour liffs, keepe other our ( every of tl out, that ii of them, tl yield obed James Mu chief of 01 "xhomfoever be appoint! aforcfaid, parts of th and the pe (^ivenat L aforcfaic of Marc drcd anc (S 'S rs therc- caftoms anner of 3n ; with fes, civil manner he lame, juril'dic- id cogni- >r to be igto the anciently Lt the in- tern con- of wreck dead bo- lurdercd, lurdered, L or pul)- ', within ^hout our obelong- acent, cr aforefaid 1 flowing D of pun- ixigences iingular Ihall be ftatutes, for the lall think ing, ap- ngwhnt- nd mini- of in our ^longing, atfoever. }' of Eng- irt, from whom, ( 37 ) . whom, or either of them, it is not oar Intention in any thing to ,i!h7 ofthe derogate by thefe prefents ; and faving to every one who fhall hTgh court be wronged or grieved by any definitive fentencc or intevlocu- '^^ •'"^niiral- tory decree wliich Ihull be given in the vice -admiralty court of^^il^'%\\n^ our province of .Quebec k aforefaid, and territories thereunto be- ilie ritjhtof loncrincr, the ri *"* thereto admiralty of England. Provided neverthelefs, and under this cxprefs condition, Pi-^vifo that that if you, the aforefai:* James Murray, cfquirc, our '-''^P^'^i'^ m^rai' ftdi' general and governour in chief, fliall not yearly (to wit) at the y,;.xTiy cer- end of every year, between the feail of St. Michael the arch- tify under angel and All Saints, duly certify, and caule to be cfFeftually 5|]j^'J;''.^°^ certilied (if you fliall be thereunto required) to us, and our the proceed- lieutcnant official, principals and commiliary general and fpe- ''"6= ^^^'^ '« cial, and judge and prefidcnt of the high court of our admiralty j|" |^°"[^ ^^ of England aforefaid, all that which from time to time by vir- ajmirakv •. tue of thefe prefents you iliall do and execute, coUeft, or receive =*"^ "P'"* in the premifes, or any of them, together with your full and rn.."!" herein faithful accotmt thereupon, to be made in an authentic form, thefe leners and fealed with the feal of our office remaining in your cuftody, P»t-"t *^^*ll thn^t from thence and after default therein thefe our letters pa- tent of the office of vice-admiralty aforefaid, as above granted, iliall be null and void, and of no force or effect. Further we do, in our name, command all and lingular our All officers, governours, juflices, mayors, flieriffs, captains, marihals, bai- '^'m'J,,""'' liffs, keepers of all our gaols and prifons, conftables, and all and all ether other our officers and faithful liege fubjefts whatfoever, and fui'.i'-'^s every of them, as well v/ithin liberties and franchifes as with- whatfoever, •'i • 1 1 1 • r 1 'r 1 are enjoined out, that m and about the execution or the premilcs, and every to be aflift- of them, they be aiding, favouring, affifting, fubmiffive, and ing to the yield obedience in all things as is iitting to you, the aforefaid ^^""g'^'^j"|'j, James Murray, efquire, our captain general and governour in deputies iu chief of our province of Quebcck aforefaid, and to your deputy f^* exetu- zvhomfoever, and to all other officers by you appointed, and to oj^"^]^ be appointed, oi our faid vice-adiniralty in our province of Rebeck aforefaid, and territories thereunto belonging, and maritime parts of the fame and thereto adjoining, under pain of the law, and the peril which will fall thereon. tViven at London in the high court of our admiralty ofEnglnnd aforefaid, under the great feal thereof, the ninetcenili tlay of March, In the year of our Lord one thoniand fcven hun- dred and fixty-four, and of our reign the fourth. (Signed.) GOPr, LEE U'ARRx'iN'r, Rcglilrar. An til ( 38 ) if: 1 An Abftraft of the Contents of the Act of Parliament, intitled, " ^n A^ for making more eiFc/:h //'<7.7 at any time hereafter be granted or op- pointed ymi under nnr Jignct and ftgn manual^ or by our order in our privy council, and according to Tuch rcalbnable laws and ftatutes as now are in force or hereafter Ihall be made and agreed upon by you, with the advice and confent of our council and the afrcml)ly of our faid province under your go- vernment, in fuch manner and form as is herein after ex- preffed. ^ , . And our will and pleafure is, that you the faid Sir Dan- tikcnbythe vers Ofborn, after the publication of thefe our letters pa- governour. tent, do in the firft place take the oaths appointed to be ta- ken by an aft pafled in the firft year of our late royal father's Thofe ap. ^f^J?"* intiiled, " Jn a£i for the further fecurity of his Afajejly' 5 pointed h^ perfon and gcveyument, and the JucceJJhn of the crovjn in the heirs ^iX.i.Gto. ff iJjc late princefs Sophia, being proteJkintSy and for extingui/h- ing the hopes of the pretended prince of l-fales and his open and The ittU-fi^^'^ abetters,^'* as alio that you make and fubfcribe the de- tion againft claration mentioned in an a£l of Parliament made in the tranfubftan- twenty-fifrh year of the reign of king Charles the Second, irentioned ii^^itled, " Jin c'cl for preventing dangers which may happen from ftat. zK^ popifh recufants :''* and likewife that you take the ufual oath for the due execution of the office and truft of our captain- general and governour in chief in and over our faid province of New York and the territories depending thereon, for the due and impartial adminftration of jufticc ; and further that you take the oath required to be taken by governours of plan- tations to do their utmoft tliat the feveral laws in Car. II. Oath of of- fice. relating to which faid oaths and Oath con- cerning the Kw of trade, trade and the plantations be obferved declaration our council in our faid province, or any three of the members thereof, have hereby full power and authority, and are required, to tender and adminifter unto you, and in your abfence to our lieutenant-governour, if there be Path? to be ^"7 "pon the place ; all which being duly performed you taken by fhall ^dmiuifter unto each of the members of our faid coun- inembers of cil, as alfo to our lieutenant-govcmour, if there be any upon ' the place, the oaths mentioned in the faid a£l, intitled, " Jn Thofe ap. aB for the further fecurity of his Majefifs perfon and govern- ^at"i Geo^ Wf«?, and the fucccljton of the croivn in the heirs of the late princefs I, Sopihia, being protfjiants^ and for extingui/hing the hopes of the pretended * Siutre, Whether fuch powers would be legally delegated by an inftrunicnt under tke King's fignet and fign manual f pretem alio tol declard cxecutl Am author^ from juft cai governi comm: fure be) by the fion of be avj hereby that y nity, ftitute affairs ber of Icfs th£ do hen Olborn out of make u no moi be to vince, by the and fig in it. Anc author from t genera your ^ New ' there u of the before intitu! fon an 6f the *ed or op- ur order blc laws be made tof our your go- fter cx- >ir Dan- ters pa- :o be ta- [ father's Majefty's the heirs tingui/b- •)pen and the de- in the Second, 'yen from lal oath paptain- •rovince for the »er that )f plan- ting to ths and iree of lority, and lere be you coun- y upon ''All overn- ')r}ncejs of the ctended truQKnt xl ^ ( 45 ) pretended prince of Pfales and his open andfecret abettors ;" as Dechratloa alio to caufe them to make and fubfcribc the afore-mcntioncd I'ionVd'"'^"" declaration, and to adminftcr to them the oath for the due cth of of- cxccution of their places and trufts. ficc. And we do hereby give and grant unto you full power and P°«" ?*" authority to fufpcnd any of the members of our faid council the''mem-* from fitting, voting, or aflifting therein, if you fhall find birj of the juft caufe for fo doing ; and, if there fhall be any lieutenant- couneiU governour, him likewifc to fufpend from the execution of his command, and to appoint another in his Head until our plea- furc be known. And if it fhall at any time happen that by the death, departure out of our faid province, or fufpen- ' lion of any of our laid councillors, or otherwife, there fhall be a vacancy in our faid council (any three whereof we do hereby appoint to be a quorum) our will and pleafure is, that you fignify the fame unto us by the firft opportu- nity, that we may under our fignet and fign manual con- ftitute and appoint others in their flead. But, that ourp^^erto affairs may not luflFer at that diftance for want of a due num- appoint new ber of councillors, if ever it fhould happen that there be *^""""'*°" , ,, , ,. c \ r V r • 1 • tilhhenum- Icis than (even ot them reliding in our faid provmce, we ber of the do hereby give and grant unto you, the faid Sir Danvers members is Ofborn, full power and authority to chufe as many perfons ^*^^"* out of the principal freeholders, inhabitants thereof, as will make up the full number of our faid council to be feven and no more ; which perfons fo chofen and appointed by you fliall be to all intents and purpofei councillors in our faid pro- vince, until either they fliall be confirmed by us, or that, by the nomination of others by us under our fign manual and fignet, our laid council fhall have feven or more perfons in it. And we do hereby give and grant unto you full power and Power with authority, with the advice and confent of our faid council, '''•= confent from time to time as need fhall require, to fummon and call "•,,' ^^to°cJ*fi general afTemblies of the faid freeholders and planters within an aflembiy. your government according to the ufage of our province of Kew York. And our will and pleafure is, that the perfons thereupon duly eledled by the major part of the freeholders of the refpeftive counties and places and fo returned, fliall, before their fitting, take the oaths mentioned in the faid a£l: intituled, " An a^ for the further fecurity of his Majeftfs per- oathstobe fon and government, and the fucceffton of the crown in the heirs taken by the if the late princefs Sophia^ being protefiantSf and for extingujfhing members •Ml the thereof. ( 4f> ) the hopes nf tl:r pyctoidcd prime of PhiUi o>ul hh open and feci- ct _. , ahctiori'^'' as nllb make nnd ruhicribc the aforc-incntioncci de- ration aiore^tlaration (which oaths and declaration you (hall commiffio- mentioned natc ill pcdons umlcr our Teal of New York to tender '\w<\ ?r'b''d ^"b' ^'■''Tii'^'ftcr unto them) : and until the fame fliall lie fo taken thcnu ^ anf' lubfcribed, no perfon fhall be capable of fitting, though elcftcd. Name of And we do hereby declare that the pcrfons fo defied and mtmbevj foqu^ii^ej 111 all bc called and deemed 1 he general ajjembly of oi'uiiified!"'* that our province and the territories depending thereon. Power to And you, the faid Sir Danvers Olborn, by and with the make laws, conl'ent of our faid council and aflembly, or the major part of them reipeilively, fhall have full power and autho- rity to make, conftitute, and ordain, laws, ftatutes. and or- dinances for the public peace, welfare, and good government of our faid province, and of the people and inhabitants thcre- vrhich ftiall^^' '^"'^ ^^^^ others as fliall refort thereto, and for the be - not be re- nefit of US, our heirs, and fucceflbrs : which faid laws, fta- pugnant to tutcs, and Ordinances are not to be repugnant, but, as near cLu-lBn- ^^ "^^y ^^» agreeable to the laws and ftatutes of this our tain. kingdom of Great Britain. The laws fo Provided that all fuch laws, ftatutes, and ordinances, of made fliail ^yj^Q^ nature or duration foever, be, within three months or ted to Ens- fooner after the making thereof, tranfmitted unto us under land within our feal of Ncw York for our approbation or difallowance 3 months. q£ ^.^^ (ziUiQ ; as alfo duplicates thereof by the next con- veyance. If they are ^nd in cafe any or all of the faid laws, ftatutes, and ordl- afteTdifal'^' nances, being not before confirmed by us, fhall at any time lowed by be difallowcd and not approved, and fo ftgnified by us, our *h* ''i"^i'i ^^^^^'5> °^ fucceflbrs, under our, or their, fign manual and flienceforth %'^^f> ^^ ^y Order of our, or their, privy council unto you, the faid Sir Danvers Olborn, or to the commander in chief of our faid province for the time being ; then fuch and fo many of the faid laws, ftatutes, and ordinances as fhall be fo difallowed and not approved, (hall from thenceforth ceafc, determine, and become utterly void and of none ef" fe£t ; any thing to the contrary thereof notwithftanding. And to the end that nothing may be pafled or done by our faid council or alTerably to the prejudice of us, our heirs, or tivevoiceTa- fucceflors, we wiU and ordain that you, the faid Sir Danvers gainft both Oll)orn, (hall have and enjoy a negative voice in the ma- «Sbiy!"'^ ^^"S ^^^ palling of all laws, ftatutes, and ordinances as aforefaid : and you (hall and may likewife from time to time, as become Toid. The gover m ur {hA\ have anega' H and fcci-ct Jtioncci (ie- commiffio- tencler ^nd !)e fo taken ig, though clcftcd and ajjemhly of reon. with the tlie major nd aiitho- s. and or- ;overnment ants there- for the be- laws, fta- ut, as near •f this our nances, of months or 3 us under ifallowance next con- , and ordi- any time >y us, our anual and unto you, :r in chief ch and fo s as fhall lenccforth none ef- iding. me by our r heirs, or r Danvers \ the ma- nances as e to time, as ( 47 ) as yoii fliall iudfijc It nccciiary, adiourn, proro;!ue, and dif- Pow"o''''J- iolvc ;ill general allcmblics as aforclaul, proroguint;, And our further will and plcaJiirc is, that vou fliall and ani didolv- mny uii; and keep the public fcal of our Ihid province of *"8 »*!« »'" New York for fcaling all things wluitfocvcr tliat pals the great ,'nd to keep fcal of our faid province under your government. and ufe the And we do further cive and "rant unto you, the faid Sir ['"'>'" j"'* i-k ,,.., ^ ,P f , , .- ' . Power toad- lAinvcrs Ulborn, tuU power and authoniy trom time to niiniilcr, or time and at any time hereafter, by youi'felf, or by any other toauthorize to be authoii/.cd by you in that behalf, to adminifler iin^«"'*» or abiding there. And we do further by thefe prefcnts give and grant unto power with you, the faid Sir Danvers Olborn, full power and authority, the confent with the advice and confent of our faid council, to erea, °j, ^"^"Ja conflitute, and efiablifli fuch and fo many courts of judica- courts ofju- cature and public juilicc within our faid province under your ui'^s'jre, government, as you and they fliall think lit and necelfary for th: hearing and determining of all caufes, as well cri- minal as civil, according to law and equity, and for award- ins: execution thereupon, with all reasonable and ncceliary "".1,*°"*"' ^ ... V I • •! 11-1 ^ miflionate powers, authorities, tecs, and privileges belonging thereun- fit perf.ni to : as alfo to appoint and commlflionate lit pciions in the toadminifter feveral parts of your government to adminifter the oaths men- '^''o-n|gj tioned in the aforcfaid a£l, intitlcd, " Anadlfor the further fc- by flat, i curity of his Afaje/Iy^s perfon and i:^ovcrnment, andthc Jticceffmi of^^'^- 1- i>nd the crown in the heirs of the late princefs Sophia, being protc Hants, ^^^^^ a»a1nft and for extinguifhing the hopes, of the pretended prince oflVales ^f«d' tranfubftan- his open and fccret abettors ;" as alfo to tender and adminifter uation, to the aforefaid declaration, unto fuch perfons belonging to the \q^I\* ^^' faid courts as fliall be obliged to take the fame. fuchcourti. And we do hereby authorize and iinpovvcr you to confti- powertoap- tute and appoint judges, and in cafes requifite commiffioners point of Oyer and Terminer, juftices of the peace, and other ne- J"^|."»"'"' ccflTary officers and minifters in our faid province for the bet- of Oyer and ter adminiftration of juflice and putting the laws in execution. Terminer, and to adminifter, or caufe to be adminiftered, unto them ^^^"'^' °^ fuch oath or oaths as are ufually given for the due execution anj other and performance of offices and places, and for the clearing pfficen of of truth in judicial caufes. j"^'"* And we do hereby give and grant unto you full power Power to and authority, where you fliall fee caufe or Ihall judge any P"^«n G offender '""«• J!^ I 'I 1 1 ( 4S ) offender or ofTetulcrs in crimiiKil matters, or for any fines or fortVitiurs i\\.\c uiuo us, fit oiijccfts of our mercy, to p.ii'lon all I'luh offenders, and to remit all iVich offences, fines, and forfeitures, treafon and wilful murder only excepted, in which cafes you ihall likewifc have power upon extraordinary occafions to <;rani reprieves to tiio offenders until, and to the intent that, our royal pleafure may he known therein. Powrr to AnionsftiaJl perfon fo offending fliall be left to be proceeded againft and (^^^'\(, tried fence* either ,j 3,, ^^j^gj,. ofFences fliall require, either by commiffion nn- fions under , r i r / ^ rt • • in r , the great tier our great leal or Orear-JJntain as the ftatute of the f-;,.iofGreatt\vciuy-cight]i of Henry the Eighth direfts, or by commil- Britain or f^^^^ from our faid commiiiioncrs for executinc; the office of fion ii-nn f^uf high aclrnnal, ol* rrom our high admiral or Cireat Britam ihcadmi- for thc time being, according to the aforc-mentioncd acls. Bu7for of- Pi'ovided ncverthclefs, that all diforders and mifdemeanours fences com- committed on (bore by any captain, commander, lieutenant, initted on maftcr, officer, feaman. foldier, or other perfon whatibever perfons^fliaU ^^^^^"^o'^S ^^ "^"Y ^^ °"'" ^"^'ps of War or oiher veflels, a£lin^ be tried and by immcthate commiffion or warrant from our faid commii- puniihed ac- fioners for executing thc office of our high admiral, or from thg '"j'^jpf our liigh admiral of Cbcat Britain for the time being, under the place tlie feal of our admiralty, may be tried and puniflicd accord- ^a"'^ 'nl^n ^^S ^^ ^^^^ ^'^^^^ °^ ^^^^ place where any fnch diforder, offence, le commit- ''■^^ mifdemeanour flirll be committed on fhore, notwithlland ttd. Power, with ing fuch offenders be in our aftual fervice and borne in our pay on board any fach our (hips of war, or other veirels afting by immediate commiiTion or warrant from our faid commif- fioners for executing the office of our high admiral, or from our liigh admiral of Great Britain for the time being, as afore- faid, lo as he fiiall not receive any protcftion for the avoiding of juftice for fuch offi^nccs committed on fhore from any pretence of his being employed in our fervice atfea. And our further will and pleafure is, that all public mo- of^hew un- "^^^ raifed or which fTiall be raifed by any a£t to be hereaf- cii.to dif- tcr made within our faid province and other the territories de- pi.f- of all pending thereon, be ilTued out by warrant from you, by ni" s ' rai'f^d '^^^ v;\t\\ the advicc and confent of our council, and difpofed in the pro- of by you for tlic fupport of the government, and not Jj^^^jl'^^^otherwife. oAhe^'g°o- And we do hereby likewlfc give and grant unto you full verrtDfn-. power and authority, by and with the advice and confent of rhT-^onf nt^ our faid council, to fettle and agree with the inhabitants of ofiheccun- our province and territories aforefaid for fuch lands, tene- cil, to grant ments, and hereditaments as now are, or hereafter fliall be, in our power to difpofe of, and tliem to grant to any perfon or perfons upon fuch terms and under fuch moderate quit- rents, fcrvices, and acknowledgments, to be tliereupon re- ferved unto us, as you, by and w'ith the advice aforefaid. The grants fliall think fit : which faid grants are to pafs and be fcaled by |[^,'"^^j^j1^" our feal of New York, and, being entered upon record by leal to be I'uch officer Or officers as are or fhall be appointed thereunto, rp^iUcred. fliall ute of the com mi i- le office ot" eat Britain ed acls. emeanours lieutenant, whatfoever els, ailing d commli- , or from ng, under cd accord- r, offence, vithftand- in our pay "els afting 1 commif- , or from , as afore - avoId^ng• from any iblic mo- 2 hereaf- tories de- you, by 1 difpofed and not you full mfent of itants of ds, tcnc- Ihail be, y perfoii ate quit- ipon re- forcfaid, ;aled by cord by ireunto, iliall ( 50 fliall be good and cfTcflualin law againfl us, our heirs, and llicctHbrs. And we do hereby give you, the faid Sir Danvcr^ Ofoorn, Power,w;th full power to order and appoint fnirs, mjrts, ;iiid markels, a-, thr c.nftnt alfo fuch and fo many ports, harbours, bays, havens, and ':*'"'^'-''"'^- othcr places tor tlie convenience and iecv.rity or IJiipping, pomt fain, and for the better loading and unloading of goods, and mcr- ^<^' cliandi/cs, as by you, with the advict; and content ot our laid council, fliall be tlioughtfit and ncceirary. Anci we do hereby require and command all officers and All officcM, minifters civil and military, and all other inhabitants of our, '"''^•■'i" ''^ laid province and terntones dependnig thereon, tone obc- ^aui lijfti. j dient, aiding, and affifting unto you, tlie faid Sir Danvt-rs : 'tl; v,. er- Ofborn, In the execution of this our comm'ff on and die ijo- '^'""'^ '" ""'^ wcrs and authorities liercin contained; and in caie of yoi.r ,•,;, ^,,m- death or abfence out of our faid province and territories de- "'''"' • j '« pending thereon, to be obedient, aiding and afilftino; unto"" ''"'"" fuch perfon as fliall be appointed by us to be our lieuicnant- n> ^ > r governour or commander in chief of our faid province; to ^'•'"" '■'•'f whom we do thertiorc by theie prcfen's give and grant all tj ,!"['mcbe- and lingular the powers and authorities herein granted, to be ing. by him executed and enjoyed during our plcallire or,until your arrival within our faid province and territories. And if, upon your death or abfence out of our faid pro- i„ cife of vince and territories depending thereon, there be no peribn tln^diath or upon the place commiffionateil or appointed by us to be our ,'ij^'/,I|*^^'".. "*^ lieutenant-governour or commander in ch'cf of our faid pro- nour, and vincc, our will and pleafure is, that the eldeft couniellor, if '»" re be whole name is firft placed in our laid inftruftions to you, and "" "'^' ""'' inn 1 • - ! • 1-1- nant-i:ovcr- who liiall at the time ot your death or ab'encc be reiidmg n , , m the within our faid province of New York, fliall take upon him P""' "c, the adminlfLration of the government, and execute our fai ' ' ^' ' ■7",, commiilion and inftru£lions and the feveral powers and au- ,i^v..|ve ..}.- thorities therein contained, in the fame manner and to :, 1 on uitidtft intents and purpofes as other our governour and commi;n.*.i ""' ^ ^''' "i chief of our laid province fliould or ought to do incase of your abfence until your return, or in all calls until our fur- ther pleafure be known therein. And we do hereby declare, ordain, and appoint that yon, Th;«. .iffice the faid Sir Danvers Olbofn, ihall and mav hold, execute, o^*^^!'^-"'^* — ' - - - - anti gcv, :n and enjoy the office and place of our capt-ain-oeneral and go- chjet oi ... vernour in chief in and over our province of iS'cw York and fd. provitn. tile territories depending thereon, together with all and iin- ^"ii be held * O ' •"> . _ during the S^^'^' Kind's pUa- II Grant of the office ufcapt gen. and commander in chief of the militia and other forces both by Tea and land of the colony of Coi-nefl.- cut. ( S2 ) gular the powers and authorities hereby granted unto yon, for and during our will and plcaiure. And whereas there are divers colonies adjoining to our pro- vince of New York, for the defence and iecurity whereof it is rcquilite that due care he taken in time of war ; we have therefore thought it neccilary for our fervice, and for the bet- ter protcftion and fecurity of our fubjefts inhabiting thofe parts, to conftitute and appoint, and we do by thefe prefents conftitute and appoint, you, the faid Sir Danvers Ofborn, to be our captain-general and commander in chief of the mi- litia and of all the forces by lea and land within our colony of Connefticut, and of all our forts and places of ftrength with- in the fame ; and for the bettt/ ordering, governing and ruling our faid militia and all our forces, forts, and places of ftrength within our faid colony of Connefticut, we do hereby give and ^rant unto you, the faid Sir Danvers Ofborn, and, in your abfencc, to our commander in chief of our province of New York, all and every the like powers as in thefe prefents are before granted and recited for the ruling, govern- ing, and ordering our militia and all our forces, forts, and places of ftrength within our province of New York, to be exercifed by you, the faid Sir Danvers Ofborn, and in yoir abfence from our territories and dominion of New York, by our commander inchief of our province of New York, within our faid colony of Connefticut, for and during our pleafure. In witnefs whereof we have caufed thefe our letters to be made patent. Witnefs ourfelf at Weftminfter the firft day of Auguft in the twenty -fcventh year of our reign. By writ of privy feal, YoRKE and Yorke, The rhefirjl HA Er«f^ the Faith, rreeting L Whc and coant cellor of Ji our horfe, trufty an( Berkley, thony Ion Carteret t hold, and knight, ai excited w' the chriil uominion.' duftry ant our iubje ' c> tory in A- tnerica, bounded "*■ This and the fiiccecding (barter are ]irintcd In this colleftion ^^^ ^i^de- of papers, in onlcr to bo prefcrveil. Bir they arc of no force, grees nor- having been fur rt ride red to the Kinjt^ in the year 1729, and anaftthern lati- of Parliament puflld in the fame yvav, e(bd)lifhing the agreement *"*|f» ^""^ of furrender: but refervin? to Lord Carteret, afterwards EarFV^ f"l"w" *-. •,. 1 • 11-1 I i- • • • t J- ^"* loutn- GranviUe, his property, who did not chule to join in the iur-fe„, fender. faid \ p i t: a) With the patronage and (Jther jiiriWidli- ons and pri viicges. ( 54 ) faid country, wifli privileges nnd jurifdifiions reqniiltc for the good [-joveinment and I'afcty thereof. Know ye there- fore, 1 hat we faNO'irinG; tlic pious ami noble purpofe of the faid Eclwarrl earl of Cl'trcndon, Ctcoiji^e duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Alhley, Sir Gcorc;"C Carteret, Sir William Berkley, and Sir John Colleton, of our I'pccial graec, certain knowledge and meer moLicn, l\avc given, granted and confirmed, and by this our prcfcnt charter, for vis, our heirs and fucccil'ors, tlo give, grant and conlirm unto the faid F.dward carl of Cla- rendon, ( leorge duke of Albemarle, William lord Craven, Jolm lord Beikley, Anthony lord Afliley, Sir George Car- teret, Sir William Berkley, and Sir John Colleton, their heirs and aligns, all that territory or traft of ground, fituate, lying and being within our dominions of America, extending from the north-end of the illand called Lucke-ifland, which lieth in the fouthcrn Virginia fens, and within fix and thirty degices of the northern latitude, and to tlie weft as far as the foi.th-feas, and fo foutherly as far as the river St, Matthias, which bordcreth upon the coaft of Florida, and within one and thirty decfrces of northern latitude, and fo weft in a di- rc£t line as far as the fouth-feas aforefaid ; together with all and {in;',ular ports, harbours, bays, rivers, iiles and ifiets be- longing to the country aforefaid, and alfo all the foil, lands, fields, woods, mountain'^, fields, lakes, rivers, bays and ifiets, lituate or being within the bounds or limits aforelaid, with the fifliin:^ of all forts of filh, wliales, fturgeons and all other royal fiihes in the fea, bays, illets and rivers, within the premifes, and the filh therein taken; and moreover all veins, mines, quarries, as well difcovercd as not difeovered, of gold, filver, gems, precious ftoncs, and all other what- Ibcver, be it of ftones, metals, or any other thing whatfo- ever founl, or to be found within the countries, il1es and limits aforefaid. III. And furthermore the pntron-tge and avowfons of all the churehes and chappels, which as the chriftian religion Ihall increafe -yithin the country, iiles, illets and limits aforefaid, Ihall happen hereafter to be crcfled, together with licence and power to build and found churches, chapjjels and orato- ries in convenient and fit places, within the faid bounds and limits, and to caufe them to be dedicated and confecrated ac- cordinji; to the ecelefiaftieal laws of our kino;dom of Encland, together with all and fingular the like and as ample rights, jurifdiftions, privilcdges, prerogatives, royalties, liberties, immunities immuniti countries IV. 1 manner a land ever ought or ward ear liam lord ley. Sir John Co fents for ftitute th country a the faith, heirs and title, and nation, m aforefaid, the faid c premifes t duke of i ley, Antl liam Ber figns for as of our in free ai knights fc and fuccc marks of 1 yearly for made on t our Lord fourth par aforefaid, y. An fcribed, r privileges ries in thr certain ki ereft the province, rogative, corporate it the pr lav<; it ca \ [uilltc for ye there - )(c of the Ibcmnrlc, oiiy lord , and Sir led ere and I, and by jflbrs, do of Cla- I Craven, )rge Car- on, their , lituate, extending d, which md thirty *ar as the Matthias, ithin one t in a di- r with al! iflcts bc- il, lands, 5a vs and forefaid, IS and all within eover all "covered, er what- whatfo- 11 es and )ns of all ion iliall forefaid, 1 licence d orato- mds and ated ac- insfland, e rights, ibcrties, nunitics ( ss ) immunities and franchifes of what kind foever, within the countries, ifles, illets and limits aforefaid. IV, To have, ufe, cxercife and enjoy, and in as ample creating manner as any bilhop of Durham in our kingdom of En^- them the land ever heretofore have held, ufed or enjoyed, or of right f^^utc" lords ought or could have, ufe or enjoy. And them the faid Kd- andproprie- ward earl of Clarendon, George duke of Albemarle, Wil- tors of the liara lord Craven, John lord Berkley, Anthony lord Afh- ['l^JJ°' ley. Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and afligns, we do by thefe pre- ients for us our heirs and fucceflbrs, make, create, and con- ftitute the true and abfolute lords and proprietors of the country aforefaid, and of all other the premifes ; faving always ^ ^ , the faith, allegiance and fovereign dominion due to us, our ^- /^ heirs and fuccelfors for the fame, and faving alio the right, - •> • title, and intereft of all and every our fubjefts of the Englifli ' ' ' * nation, which are now planted within the limits and bounds .\ aforefaid, (if any be). To have, hold, poffefs and enjoy the faid country, ifles, iflets, and all ancl lingular other the premifes to them the faid Edward earl of Clarendon, George duke of "Albemarle, William lord Craven, John lord Berke- ley, Anthony lord Afhley, Sir George Carteret, Sir Wil- liam Berkley, and Sir John Colleton, their heirs and af- figns for ever, to be holden of us, our heirs and fuccelfors, as of our manor of Eaft Greenwich in our county of Kent, in free and common foccage, and not in capite, nor by knights fervice ; yielding and paying yearly to us, our heirs and fucceirors, for the fame, the yearly rent of twenty marks of lawful money of England, at the feaft of All Saints, yearly for ever ; the tirft payment thereof to begin and t(^ be made on the feaft of All Saints, which fjiall be in the year of our Lord one thouland fix hundred and lixty live, and aUb the fourth part of all gold and lilver ore, which, within the limit!* aforefaid, Ihall from time to time happen to be found. V. And that the country, thus by us granted and de- The [M fcribed, may be di-zinified by us with as lars^e titles and "''*"-'* °''" . . ' -^ P V 1 • • 1 • ground, privileges as any other part or our dominions and territo- country and ries in that reirion, know ye that we of our further grace, iilandserec- nd mere motion, have thout2,ht fit certain knowledge traft |.Q ted into a province, '^ bv the name ere£l the fame traft of f;round, country and iiland into province, and out of the fulnefs of our royal power and pre- o? the pt-; roo-ative, we do for us, our heirs and fiiccclTors, erc£l, in- p"",;°*, corporate and ordain tlie lame inlo a province, and do call it the province of Carolina, and fo from henceforth, will have it called : And forafmuch .is we hiwe hereby made H and y I' particular pcffon (hereof. ( $6 ) and orcliiincd the 'aforcfaid Edward carl of Clarendon, (icorge ckikc of i\lbemarlc, William lord Craven, John lord Berkeley, Anthony lord Afhley, Sir Cieorge Carterett, Sir "VVillinm Berkeley, and Sir John Colleton, their heirs and alfigtis the true lonls and jnoprietors of all the province aforclaid : Know yc therefore moreover, that we, repofing cfpccial truft and confidence in their fidelity, wifdom, juf- ticc, and provident circumfpeftion, for us, our heirs and fucceflbrs, do grant full and abfolute power, by virtue of thefe The King P'"^^^'"^s, to them the faid Edward earl of Clarendon, George grants pow- dukc of Albemarle, William lord Craven, John lord Bcrke- er to oniain ley Anthony lord Aililey, Sir George Carterett, Sir Wil- andenaft ij Berkeley, and Sir Tohn Colleton, and their heirs, for laws for the if', •' /- i /- • , • whole pro- the ffood and happy government of the laid province, to irinceoriny ordain, make, enadl, and under their feals to publifli any *" " laws whatfoever, either appertaining to the public ftatc of the faid province, or to the private utility of particular per- Ions, according to their beft delcretion, of and with the ad- vice, aflcnt and approbation of the freemen of the faid pro- vince, or of the greater part of them, or of their dele- gate-; or deputies, whom for enafting of the faid laws, when ;ind as often as need fhall require, we will that the faid Ed- ward carl of Clarendon, George duke of Albemarle, Wil- liam lord Craven, John lord Berkley, Anthony lord Afh- ley, Sir George Carteret, Sir William Berkley, and Sir lohn Colleton, and their heirs, fhall from time to time af- leniihle, in iuch manner and form as to them fliall feem beft, and the fame laws duly to execute, upon all people within the faid province and limits thereof, for the time being, or which (liall be conftituted under the power and government of them, or any of them, either I'ailing towards the faid province of Carolina, or returning from thence towards Knghiiui, or any other of our, or foreign dominions, by impofitiou of penalties, imprlfonment, or any other punilh- ment ; yea, if It Ihall l)e needful, and the quality of the ♦jifence requires it, by taking away iTienibcr and life, either bv tiiem the lliid Edward earl of Clarendon, George duke oi' Albemarle, William lord Craven, John lord Berkley, AnfV.m.y lord Afhlev, Sir (ieorge Carteret, Sir William }k rlUc V, aiid Sir Joiin Colleton, and their heirs, or by them, or their c!e]iutles, lieatenants, judges, juftices, mngiftrates, crfjccr-;, and minifl' r> to be ordained or appointed, ac- ctHxIlaLj to the tenor and true intention of thefe prefents ; •Hu! liktvvil'f 10 itpi">i,ni urul eflablilh any judges or juftices, magiftratcs magiftra at lea or Edward liam lor( Sir Geo Colleton to remit jndgmen the faid things, unto con of proce fents, e) cs, by I pleasy at judicatui criminal or nature Ulhed, oi mand, f all the li< the laid inviolably der the p preffed ; nant to i able to England. VI. /. be fo con quire th( and gi'an' iluke of ley, Ant liam Berl ligns, b) lawfully to time, ordinanc< obferved, better g( lidi the dinances, <.omman( Clarendon, , John lord terett, Sir heirs and e province :, repofing fdom, juf- heirs and ;uc of thefe )n, George ord Berkc- Sir Wil- heirs, for 3vincc, to iblifli any c ftatc of :ular per- th the ad- I faid pro- :heir dele- aws, wlicn e faid Ed- ^l•Ic, wii- lord Afh- and Sir o time af- eem beft, le within being, or )vernment s the faid towards nions, by ?r punilh- y of the fe, either rge duke Berkley, William by them, igiftrates, ited, ac- prefents ; r juftices, agillratcs ( 57 ) maglftnitcs or officers whatfoever, within the faid province, An»i to a^ at lea or land, in fuch manner and form, as unto the faid j'^jjes*'),', Kdward earl of Clarendon, George duke of Albemarle, WiUjuiUcei, liam lord Craven, John lord Berkley, Anthony lord Alhley, mas'ftratei Sir George Carteret, Sir William Berkley, and Sir John JJ^hJjfJ/vTr. Colleton, and their heirs, fliall feem moft convenient : Alfo to remit, releafe, pardon, and abolifli, (whether before judgment or after) all crimes and offences whatfoever, againft the faid laws, and to do all and every other thing and things, which unto the compleat eftabliflimcnt of juftice unto courts, feffions and forms of judicature, and manners of proceedings therein, do belong. b» al though m theie prc- fents, exprefs mention be not made thereof; and by judg cs, by him or them delegated, to award, procefs, hold pleas, and determine in all the faid courts, and places of judicature, all aftions, fuits, and caufes whatfoever, as well criminal as civil, real, mixt, perfonal, or of any other kind or nature whatfoever ; which laws, fo as aforefaid to he pub- lifhed, our pleafii- is, and we do require, enjoin and com- mand, fhall be abfoUite, firm and available in law, and that all the liege people of us, our heirs and fuccellbrs, within the faid province of Carolina, do obferve and keep the fame inviolably, in thofe parts, fo far as they concern them, un- der the pains and penalties therein expreffed, or to be ex- preffed ; provided neverthelefs, that the faid laws be confo- nant to reafon, and as near as may be conveniently, agree- able to the laws and cuftoms of this our kingdom of England. alTemblies of freeholders, cannot And till af- as there may be occafion to re-fembiies of therefore by thefe prefents, give ^^^'^'f^"*^'';^^^^^ and grant unto the faid Edward earl of Clarendon, (jeorgeud, dnke of Albemarle, William lord Craven, John lord Berk- ley, Anthony >ird Afhley, Sir (jeorge Carteret, Sir Wil- liam Berkley, and Sir John Colleton, their heirs and af- ligns, by themfelves or their magiftrates, in that beh'df ■^J'j«^'"'^'J^_ lawfully authorized, full power and authority, from time p°ietors im. to time, to make and ordnin lit and wholcfome orders and powered t» ordinances, within the province aforefaid, to be kept and "'^'J*;^^.."' obferved, as well for the keeping of the peace, as for tlic beftrer government of tlie people there abidnig, and to pub- Ijfli the fame to all to whom It may concern ; which or- dinances, we do by thefe prefents, ftreightly charge and command to be inviolably objcrvcd, within 'he faid pro- 7/ :i vince. VI. And becaufe fnch be fo conveniently called, qui re the fame ; we do nanLCS. li JHl< tj tiri ' 11: f h ' .( S8 ) •" • • vince, under the penalties therein cxpreflfcd, fo as fucli or- dinances be realbnable, and not repugnant or contrary, but as near as may be, agreeable to the laws and ftatutcs of this cur kingdom of England, and fo as the fame ordinances do not extend to the binding, charging, or taking away, of the ** * right or interefl:, of any perfon or perfons, in their free- hold, goods or chattels, whatfoever. ... Licence gi- yjj^ j^^d to the end the faid province may be the more the King's ^^Ppily cncrealed, by the multitude of people reforting thither, licgc people and may likewife be the more ftrongly defended from the *h ^"/•"[''°'' incurfions of favages, and other enemies, pirates and robbers, to the faid therefore we, for us, our heirs and fuccefibrs, do give and province, grant by thefe prefents, power, licence, and liberty, unto all the liege people, of us, our heirs and fucceflbrs, in our kingdom of England, or elfewhere, within any other our dominions, iflands, colonies, or plantations, (excepting thofe who fhall be efpecially forbidden) to tranfport themfelves and families unto the faid province, with convenient fliip- ping and fitting provifions, and there to fettle themfelves, dwell, and inhabit, any law, ftatute, aft, ordinance or other thing to the contrary, in any wife, notwithftanding. And we will alfo, and of our more fpecial grace, for us, our heirs and fucceflbrs, do ftreightly enjoin, ordain, con- ftitute and command, that the faid province of Carolina, Ihall be of our allegiance, and that all and lingular the fubjefts and liege people of us, our heirs and fucceflbrs, tranfported, or to be tranfported into the faid province, and the children of them, and of fuch as fliall defcend from them, there born, or hereafter to be born, be and fliall be, denizons and lieges of us, our heirs and fuccefibrs, of this our kingdom of England, and be in all things held, treated and reputed as the liege faithful people of us, our heirs and fucceflbrs, born within this our faid kingdom, or any other of our dominions, and may inherit, or otherwife purchafc and receive, take, hold, buy, and poflTefs any lands, tene- ments or hereditaments within the fame places, and them may occupy, poflefs and enjoy, give, fell, aliene and be- queathe ; as likewife all liberties, franchifes and privileges of this our kingdom of England, and of other our domi- nions aforefaid, and may freely and quietly, have, poflTefs and enjoy, as our liege people born within the fame, with- out the leafl: molefl:ation, vexation, trouble or grievance, of us, our heirs and fucceflbrs, any ftatute, aft, ordinance or piovifion to the contrary notwithflanding, ' VIII. And , VITl faid ki .be th with re cial grj graht ward c: am lov( Sir (i( Collet( time to to inha vince, port \\ the faic afligns, mercha any otl IS fuch or- trary, but lUcs of this inances do ^ay, of the their free- the more ng thither, from the id robbers, 3 give and y, unto all rs, in our other our ting thofe themfelves nient fliip- hemfelves, linance or hftanding. e, for us, lain, con- Carolina, gular the fucceflbrs, ince, and :end from fliall be, s, of this d, treated heirs and any other : purchafe ds, tene- and them and be- privileges ur domi- ;, polTefs ne, with- vance, of nance or [II. And ,, ( S9 ) VITI. And furthermore, that our fub|c£Vs of this our"^'" '^'."« faid kingdom of l''n|j!;land, and other our dominions, may f'.,"p\(i* .be the ralhcr encouraged to undertake this expedition, rr.ij.lii in with ready and chearful minds ; know ye, that \vc, of our fpc- •"^"'y r'''f» cial grace, certain knowledge and mere motion, do give and ^",.^ gooli^^ graht by vertuc of thcl'e prdents, as well to the iaiil Kd- wnres and ward carl of Clarendon, (Jeorge duke of Albemarle, Willi- '^"^|''»"^^- am lord Craven, John lord Bt rklcy, Anthony lord Aihley, ^^J to the Sir (ieorge Carteret, Sir William Berkley, and Sir John King the Colleton, and their heirs, as unto all others as Iliall from *;"'^.'"^'"'"* time to time repair unto the laid province, with a purpole . . to inhabit there, or to trade with the natives of the laid pro- . .. vince, full liberty and licence to lade and freight in any port whatfoevcr, of us, our heirs and fucceflbrs, and into the faid province of Carolina, by them, their fcrvants and afligns, to tranfport all and fingular their goods, wares and merchandi/es ; as likewife all forts of grain whatfoever, and any other things whatfoever, necefTary for food and cloath- ing, not prohibited by the laws and ftatutcs of our king- doms and dominions to be carried out of the fame, with- out any let or molefl:ation, of us, our heirs and fucceflbrs, or of any other of our officers or minifters whatfoever, fav- ing alfo to us, our heirs and fuccefTors, the culloms and other duties and payments, due for the faid wares and mer- chandizes, according to the feveral rates of the places from whence they Ihall be tranfported. Wo will alio, and by thefe prelents, for us, our heirs and fucceflbrs, do give and grant licence by this our charter, unto the laid Fuhvard earl cf Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Alblcy, SirCicorgi; Carteret, Sir William Berkley, and Sir John Colleton, tlieir heirs and alfigns, and to all the inhabitants and dwellers in tlie province aforefaid, both prefent and to come, full power and a1)lblute authority, to import or unlade, by themfelves, or their fcrvants, faftors or afligns, all merchandizes and goods wliatfoevcr, that fliall arife of the fruits and commo- dities of the laid province, either by land or by fea, into any of the ports of us, our heirs and fucceflbrs, in our kingdom of England, Scotland or Ireland, or otherwife to difpol'c of the fame goods, in the faid ports ; and if need be, with- in one year next after the unlading, to lade the faid mer- chandizes and goods again into the fame, or other iliips, and to export the fame into any other countries, either of our dominions or foreign, being in amity with us, our heirs and fuccelfors, I I ( 6o ) fucceflbrs, fo as tliey pay lucli cuftoms, fubficlies and otlicr duties for the lame, to us, our heirs and lucccffors, as the Tcft of our lulijefts of this our kingdom, for the time being, fhall be bound to pay, beyond which we will not that the inhabitants of the faid province of Carolina, ihall be any ways charged. IX. Provided neverthclefs, and our will and pleafure is, and we have further, for the conlidcration aforefaid, of our more efpecial grace, certain knowledL];e and meer motion, given and granted, and by thele prefents, for us, our heirs fnni»\a be ^^^ fuccclfors, do givc and grant unto the faid Edward imported & earl of Clarendon, George duke of Albemarle, William exported lord Craven, John lord Berkley, Anthony lord Afliley, Sir cuftomfrec.^^^^^g^ Carteret, Sir William Berkley, and Sir John Col- leton, their heirs and aflic;ns, full and free licence, liberty and authority, at any tmie or times, from and after the feaft of St Michael the arch-angel, which Ihall be in the year of our Lord Chrift one thoufand fix hundred fixty and (even, as well to import, and bring into any of our domi- nions, from the faid province of Carolina, or any part there- of, the feveral goods and commodities herein after men« tioned, that is to fay, filks, wine, currants, raifins, capers, wax, almonds,--«yl and olives, without paying or anfwering, unto us, our heirs or fucceflbrs, any cuftom, import, or other duty, for, or in refpeft thereof, for and during the term and fpace of feven years, to commence and be ac- compted, from and after the fir ft importation of four tun» of any of the faid goods, in any one bottom, fhip or vef- fel from the faid province, into any of our dominions ; as alfo to export and carry out of any of our dominions into the faid province of Carolina, cuftom free, all forts of tools, which fliall be ufeful or neceflary for the planters there, in the accommodation and improvement of the premifes, any thing before, in thefe prefents contained, or any law, aft, ftatute, prohibition, or other matter, or any thing heretofore had, made, enafted or provided, or here- after to be had, made, enafted or provided to the contrary, in any wife notwithftanding. Ports, har- X. And furthermore, of our more ample and ef^cial bours, Sec. grace, certain knowledge, and meer motion, we do, for us, our heirs and fucceflbrs, grant unto the faid Edward earl of Clarendon, George duke of Albemarle, William lord Cra- ven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs to ftituccd. ,1 and otiicr , as the ne bcingj not that all be any eafure is, I, of our ■ motion, our heirs Edward William liley, Sir ohn Col- ^ liberty after tho •e in the fixty and ir domi- rt there- er men* ► capers, ifwering, port, or ring the 1 be ac- 3ur tuns or vef- >ns ; as )ns into forts of planters of the ned, or or any r herc- >ntrary, efytchl for us, earl of l^Cra- jeorge , their heirs ( 6i ) heirs and afligns, full and obfolute power and authority, to li;rke, ereft and conftitutc, within the laid province of Ca* volina, and the iflcs and illets aforelaiJ, lach, and lb many fea ports, harbours, creeks and other places, for dilcharge and unlading of goods and merchandizes outoflliips, boats and other veflels, and for lading of them, in fuch and fo many places, and with fuch jurifdiflion, privileges and franchilcj. Unto the faid ports belonging, as to them mail ieem moll ex- pedient, and that all and lingular the fliips, boats and other veflels, which Ihall come for merchandizes, and trade into the faid province, or fhall depart out of the fame, (hall be laden and unladen at fuch ports only, as Ihall be eredlcd and conftituted by the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berk- ley, Anthony lord Afliley, Sir George Carteret, Sir Wil- liam Berkeley, and Sir John Colleton, their heirs and af- ligns, and not elfe where, any ufe, cuftom, or any other thing; to the contrary in any wile notwithftanding. 3U. And we do furthermore will, appoint and ordain, by The futft. thefe prefents for us, our heirs and fuccelfors, do grant unto ^^" *°^ j*^' the faid Edward earl of Clarendon, George duke of Albe- lords pro- marle, William lord Craven, John lord Berkeley, Anthony prictori. lord Afhley, Sir George Carteret, Sir William Berkeley, and Sir John Colleton, their heirs and afligns, that they the faid Edward earl of Clarendon, George duke of Albemarle^ William lord Craven, John lord Berkeley, Anthony lord Afhley, Sir George Carteret, Sir William Berkely, and Sir John Colleton, their heirs and afligns, may from time to time for ever, have and enjoy, the cuftoms and fublidies in the ports, harbours, creeks and other places within the province aforefaid, payable for goods, merchandize and wares there laded, or to be laded or unladed, tlie faid cuftoms to be rea- fonably afl^eflTcd, upon any occafion, by the.nfclves, and by and with the confent of the free people there, or the greater part of them as aforefaid ; to whom we gi\ e power, by tliefe prefents, for us our heirs and fuccelfois, upon jull caule, and in a due proportion to affefs and impofe the fame, XII. And further, of our fpecial grace, certain know- The lord» ledge, and mere motion, we have given, granted and con- proprietor* firmed, and by thefe prefents, for us, our heirs and fuccef- ^^J'^*^" fors, do give, grant and coniirm nnto the faid Edward carl the premi- of Clirendon, George duke of Albemarle, William lordf""r«ny Craven, John lord tJerkely, Anthony lord Aihley, Sir CieorgeP"''*'""^ Caic&rc;. If .; '^ ■•fer I .If I' to Mm or them th.it vill piir- chalc t!ie ( (,i ) Carteret, Sir William Berkley and Sir John Colleton, their heirs and aifigns, full and ablblutc licence, power and au- thority, that the laiil Kdwanl carl oF Clarendon, George duke of Albemarle, William J^ord Craven, John lord Herke- ley, Anthony lord Afldey, Sir George Carteret, Sir William Berkley, and Sir John Colleton, tWeir heirs and alHgns, from time to time hereafter forever, at his and their will and pleafure, may aiUgn, alien, grant, dcmife or cntcof the premifes, or any parte or parcels thereof, to him or them that ihall be willing to purchafe the lame, and to fuch perfon or perfons as they fliall think iir, to have and to hold, to them the faid perfon or perfons, their heirs and alfigns, in fee iim- plc or fee tayle, or for term of life, or lives, or years, to be held of them the faid Edward earl of Clarendon, Cieorgc duke of Albemaile, William lord Craven, John lord Berkley, Anthony lord Alliley, Sir (ieorgc Carteret, Sir William Berkley, and Sir John Colleton, their heirs and afligns, by fuch rents, ferviccs and cufloms, as Ihall feem meet to the laid Edward earl of Clarendon, George duke of Albe- marle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and afligns, and not immediate- ly of us, our heirs and fucceflbrs, and to the fame j^erfon and perfons, and to all and every of them, we do give and grant by thefe, prefents, for us, our heirs and fucceflbrs, licence authority and power, that fuch perfon or perfons, may have or take the premifes, or any parcel thereof, of the faid Ed- ward earl oi Clarendon, George duke of Albemarle, Wil- liam lord Craven, John lord Berkley, Anthony lord Alli- ley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and afligns, and the lame to hold, to themil'lvcs, their heirs or afligns, in what eftate of inheri- tance whatfoevcr, in fee fmiple or fee tayle, or otherwife, as to them and the faid Edward earl of Clarendon, George duke of All)emarlc, William lord Craven, John lord Berke- ley, Anthony lord Alliley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and afligns, fliall feem expedient ; the flatute made In the parliament of Ed- ward, fon of King Henry, heretofore King of England, our predecetfor, commonly called the ftatute of ^uiu cmptores urranim ; or any other ftatute, adV, ordi nance _, ufe, law, cuftom or any other matter, caiife or thinii, heretofore pub- lillied or provided tg the contrary, ja any wife, notwith- ftunJing. XIII. Ar.d XIl thefai and b( refpe£^ fcrred by tlic of Ch Crave Gcorg leton, give the 1 fame, Ihall on, their and au- (jcoip-e cl Berk?. Willi;,in nlUgns, wilfand fcof tlie lem that erlbii or to tliem 'ee lini- cars, to Cjcorge Berkley, William afligns, 11 meet >f Albc- Anthony -y, and lediate- •Ion and J grant licence y have id Ed- , Wil- 1 Afh- nd Sir p hold, inhcri- erwife, jeorgc Berke- '^illiam , fliall f Ed- :i, our iptores law, pub- with- Ar.d ( 63 ) XIII. And btcaufe .nany pcrfons born or inhabiting in '^^^ '*'"*• the faid province, for their dcferts and fcrvicc?, may expcd \ml^,)^t!^i and be capable of marks of honour and favour, which, in to wnfir refpeft of the great c iftance, cannot be conveniently con- Jj'g*"j,J'^ ferred by us j our will and plcal'urc therefore is, and wc do by tliefc prefenti give and grant unto the faid Edward earl of Clarondon, Gtorgc duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Afliley, Sir George Carteret, Sir William Berkley, and Sir John Col- leton, their heirs and afligns, full pow^er and authority, to give and confer, unto and upon, fuch of the inhabitants of the faid province, as they fliall think do, or ihall merit the fame, fuch marks of favour and titles of lionour, as they fhall think fit, fo as thefe titles of honour be not the fame as are enjoyed by, or conferred upon, any of the fubjefts of this our kingdom of England. XIV. And further alio, we do 5y tliefe prcfet ts, for us, Andtoereft our heirs and fucceffors, give and grant ilccnrj to them the ^"JJ'' ^."T* faid Edward earl of Clarendon, George 'ukc .7f Albemarle, towns and * William lord Craven, John lord Herkley Andiony I rd other foni- Afhley, Sir George Carteret, Sir Wilham Berl cy, aad*^""""** Sir John Colleton, their heirs and affigns, full pc . i>-, liberty and licence toerefV, raife and build, withir the faid provir « '' and places aforefaid, or any part or parts thc-eof, fuch, ar.i fo many forts, fortrefTes, caftles, citie«, bunoughs, towns, villages and otlxer fortifications whatfoever, and the fame, or any of them to fortify and furnifli with ordnance, pow- der, fhot, armory and all other weapons, ammunition, habilements of war, both ofFenfive and de^ i(ive, as fhall be. thought fit and convenient for the fafety and welfare of the faid pi-ovince and places, or any part thereof, and the fame, or any of them, from time to time, as occafion fhall require, to difmantle, disfurnifli, demolilh and pull down, and alfo to place, conftitute and appoint, in and over all or any of the faid caftles, forts, fortifu .is, cities, towns and places aforefaid, governors, deputy governors, magiftrates, flicriffs and other officers, civil ami military, as to them Ihall feeni raieet, and to the faid oiv. i, burroughs, towns, villages, or any other place or ^ h.ccs within the laid province, to grant letters or charters of incorporation, with all liberties, fran- chifes and privileges rcqui^te and ulcful, or to, or within any corporations within this our kingdom of Enu;lr.nd, grant- ed or belonging ; and in tlie fame cities, burroughs, towns and other places, to conftitute, erewl ;ind appoint, fuch, and 1 fo I i 1 ( 64 > •• ■ fo many markets, marts and fairs, a& {hall In; ttiat hcfralfbR " thought fit and necelTary, and further aha to cicdi aiid .. ]■ nuke in the province aforclaid, or any part thereof, lb ma- ny mannors, as to them fliall feem meet and convenient, aivl in every of the fame mannors, to liave and to hold a court baron, with all things whatfoevcr which to a court baron do belong, and-to have and to hold views of frank pledge and court leet, for the confervation of the peace, and bet- ter government of thofe parts, within fuch limits, jurifdic- tions and precin£ts, as by the faid Edward earl of Claren- don, Cjeorge duke of Albemarle, William lord Craven, John lord Berkley, Anthony lord Aflilcy, Sir George Car- teret, Sir William Berkley, and Sir John Colleton, or tlieir heirs, fhall be appointed for that purpofe, with all tkings vvhatfoever, which to a court leet or view of frank pledge do belong, the faid court to be holden by ftewards, to be deputed and authorized by the faid Edyvawl eail' of Claren- don, George duke of Albemarle, W'llliam lord Craven,. John lord Berkley, Anthony lord Afliley,, Sir George Car- teret, Sir William Berkley, and Sir John Colleton, or their heirs, or by the lords of other mannors an4 lects for ^e time being, when the fame fliall be erefted. Power to XV. And becaufe that in fo remote a country, and fci- levy, mufter tuate aiiiong fo many barbarous nations, and the invaiions men, and "^s Well of falvages as other enemies, pirates and robbers, make war. may probably be feared ; therefore we have given, and for us our heirs and fucceflbrs, do give power by thefe prcfents, unto the faid Edward earl of Clarendon, George duke of Albemarle, William lord Craven, John lord Berkley, An- thony lord Afliley, Sir George Carteret, Sir William Berk- : ley, and Sir John Colleton, their heirs and affigns, by them- j felves, or their captains, or other their officers, to levy, .' mufter and train, all forts of men, of what condition, or wherefoevcr born, in the faid province, for the time being ; and to make war, and purfue the enemies aforcfaid, as well by fea as by land, ; yea, even without the limits of the faid province, and by God's af?iftance, to vanquifli and take them, and being taken, to put them to death by the law of war, or to fave them at their pleafurc ; antl to do all and every other thing, which unto the charge of a captain ge- neral of an army belongeth, or hath aci:viftonied to belong, as fully and freely as any captain gtncval of an army hath or ever had the fame. XVI. Alfv eft aiid io nu, a court baron c pleilge iti Ijct- urililic- ^laren- ;e Car- 1" tlieir tnings pJcdgc to be 'Jaren- B Car- r their ^r th« d fciJ •"rfions bber.s, id ibr fents, ke of An- Jerk- lem- evy, > or ng; well faid take ' of and "g, :iiy ( ^^5 ) XVI. Alio, our will and plenfure is, and hy this ourcKar- ^^"fj^**: ter \ye give unto the laid Edward earl of Clarendon, Gwrgejiji i^w. duke nf Albernarle, WilUam lord Craven, John lord Berk- ley, Anthony lord Aililcy, Sir George Carteret, Sir Wil- liam Berkley and Sir John Colleton, their heirs and affigns, foil power, liberty, and authority, in cafe of rebellion, tu- mult or fedkion, (if any fhould happen) which God for- bid, cither upon the land within the province aforefaid, or upon the main fea, in making a voyage thither, or re- turning from thence, by him and themfelves, their captains, deputies and officers, to be authorized under his or tlieir feals for that purpofe : To whom alfo, for us, our heirs and iucceffors, we do give and grant, by thefe prefents, full power and authority, to exercife martial law againft muti- • nous and feditious perfons of thofe parts, fuch as fliall rc- fufe to fubmit themfelves to their government, or Ihall rc- fufe to ferve in the wars, or (hall fly to the enemy, or for- fake their colours or enfigns, or be loyterers or ftragglers, or otherwife howfoever offending againft law, cuftom or difci- pline military, as freely and in as ample manner and form as any captain general of an arrny, by virtue of his office, might or hath accuftomed to ufe the fame. XVII. And our further pleafure is, aifd by t^iefe prefents. The pra- for us, our heirs and fucceffors, wc do grant unto the faid c" "lina se Edward earl of Clarendon, George duke of Albemarle, the inhabi- William lord Craven, John lord Berkley, Anthony lord «»"*» there- Aibley, Sir George Carteret, Sir William Berkley, and Sir?f^"^^'|;^- John Colleton, their heirs and affignsj and to all the tenants diateiy to and inhabitants of the faid pirovince of Carolina, both prcfent the crown and to come, and to ev^ry of them, that the faid province, ** '"6'>"a« Hnd the tenants and inhabitants thereof, lliall not, fromhcncc- fortli, be held or reputed a member or part of any colony whatfoevcr in America, or clfewhcrc, now tranfportcd or made, or herenfter to be tranfportcd or made; nor fliall be drjiending on, or fubjedl to their government, in any thing, but be alMolutely feparatcd and divided from the fame : and our pleafure is, by thefe prefents, that they be feparatcd, and that they be fubjc£l immediately to our crown of Eng- land, as depending thereof for ever ; and that the inhabi- ranis of the faid province, nor any of them, fhall at any time herc^ftc; be compelled, or compellable, or be any ways fubjeft or liable, to appear or anfwer to any matter, fwit, caufe or plaint vvhatfocvcr, ovit of the province aforc- fai(K in any other of our illands, colonics or dominions in I 2i America, The lords proprietors impowered to grant li- berty of coofcience. I, ( 66 ) America, or elfcwhere, other than in our realm of England and dominion of Wales. XVIII. And becaufe it may happen, that fome of the people and inhabitants of the faid province, cannot in their private opinions conform to the public exercife of religion, according to the liturgy, form and ceremonies of the church of England, or take and fubfcribe the oaths and articles made and eftablifhed in that behalf, and for that the fame, by reafon of the remote diftances of thefe places, will, v\re hope, be no breach of the unity and uniformity eftablifhed in this nation, our vi'ill and pleafure therefore is, and we do by thefc prefents, for us, our heirs and fucceffors, give and grant un- to the faid Edward earl of Clarendon, George duke of Al- bemarle, William lord Craven, John lord Berkley, Antho- ny lord Alhley, Sir (^orge Carteret, Sir William Berk* ley, and Sir John Colleton, their heirs and affigns, full and free licence, liberty and authority, by fuch legal ways and means as they (hall think fit, to give and grant unto fuch perfon and perfons inhabiting and being within the faid pro- vince, or any part thereof, who really in their judgments, and for confcience faJce, cannot or (hall not conform to the faid liturgy and ceremonies, and take and fubfcribe the oath» and articles aforefaid, or any of them, fuch indulgencies and difpenfations in that behalf, for and during fuch time and times, and with fuch limitations and reftriftions, as they the faid Edward earl of Clarendon, George duke of Albe- marle, William lord Craven, John lord Berkley, Anthony lord Afhley, Sir John Carteret, Sir William Berkley, and Sir John Colleton, their heirs or affigns, fhall in their difcre- tion tliink fit and reafonable ; and with this exprefs provifo and limitation alftt, : that fuch perfon or perfons, to whom fuch indulgences and difpenfations fhall be granted as afore- faid, do and fhall, from time to time, declare and continue all fidelity, loyalty and obedience to us, our heirs and fuccef- fors, and be fubjeft and obedient to all other the laws, ordi- nances and conftitutions of the faid province, in all matters whatfoever, as well ecclefiaftical as civil, and do not in any wifedifturb the peace and fafety thereof, orfcandalize cr reproach the faid liturgy, forms and ceremonies, or any thing relating thereunto, or any perfon or perfons whatfoever, for or in refpeft of his or their ufe or exercife thereof, or his or their obedience or conformity thereunto. XIX. And in cafe it fhall happen, that any doubts or qucflions fhould arifc, concerning the true fcnfe and un- dcrftanding V dcrftanJil this our at all till thereof, ver, as 1^ vourablt of Albei Anthony Berkley,] though true yeai thereof, anceftorsl Clarenck ven, Joh Carteret, other pet dinance, made, pi caufe or i wife notv In wit four and our rcigr ( 67 ) dcrftamling of any word, daufe or fentence, contained in In cafe of vthis our prcfent charter, we will, ordain, and command, that**""^? °' at all times, and in all thing Per Ipfum regent. • » ,1 J f •VI % •J ■>- ■ I ' rke m. ( 68 ) ^ ? . • Thefecond Charter, p-mted hy King Charles II. to the Lords Pro- , prietors o/* Carolina. HrtMtjefty /CHARLES' the Second, by the grace of God king of Chlflesii. ^^ England, Scotland, France and Ireland, Defender of * the Faith, &c. ^!mer"^ * J. Whereas by our letters patents, bearing date the foiar charter, and twentieth day of March, in the fifteenth year of our wheveirt was reign, we were gracioully pleafed to grant unto our right IXl^rJ earl ^^^^Y ^"^ '"^g^^ wcU belovcd coufin and counfellor Edward ofciaren- earl of Clarendon, our high-chancellor of England, our right don, &c. trufty and right intirely beloved coufin and councellor George j!lc?v1n A- ^^"^^ °^ Albemarle, matter of our horfc, our right trufty and irfr.ca cal- tvell beloved William now earl of Craven, our right trufty and ledCaroiins. well belovcd councellor John lord Berkley, our right trufty and well beloved councellor Anthony lord Afhley, chancellor of our Exchequer, our right trufty and well beloved councellor Sir George Carteret knight and baronet, vicc-chamberlain of our houfhold, our right trufty and well beloved Sir John Colle- ton knight and baronet, and Sir William Berkley knight, all that province, territory or traft of ground, called Carolina, fitu- ate,lyingand being within our dominions of America, extend- ing from the north-end of tlie ifland called Lucke-ifland, which lieth in the fouthern Virginia feas, and within fix and thirty degrees of the northern latitude, and to the weft as far as the fouth-feas, and fo refpeftively as far as the river of Matthias, which bordereth upon the coaft of Florida, and within one and thirty degrees of the northern latitude, and fo weft in a direct line as far as the fouth-feas aforefaid. ttu fiid II. Know ye, that we, at the humble rcqueft of the faiil ^^)^^^ '.' grantees in the aforefaid letters patents named, and as a fur- to cnla'ge ^^^^ mark of our efpecial favour towards them, we are gra- the faid cioufly pleafed to enlarge our faid grant unto them> accord- *h'"f "d^*^ "^'^ ^^ bounds and limits hereafter fpecified, and in favour lords [iro- ^^ ^^^ pious and noble purpofe of the faid Edward earl of prietors. Clarendon, George duke of Albemarle, William carl of Cra- ven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir John Colleton, and SirWilliam Berkley, their heirs and afligns, all that provirxe, territory or traft of ground gfCYinu, Americj the nort weftciiy the degr tude, ai and fout inclufive as the lb l^Ottirs, or ternt woods, n tuate, or tioncd ; OQS, and rivers wi thcr with mits afor ries, as \ gems and ftones, m in the p . III. A the churc increafe v faid, ihal ccncc and oratories i and limit crated, a of Englai ample rii alties, lil foever, v laid, i'o ly, fully, in our kit i>r en;oye( And then of Alhem Antliony kton, an •lo 1)Y ihi vrcaic, an LorJs pro- od king of defender of the fo\9r of our right e ear our or Edward d, our right Uor George t trufty and it trufty and It trufty and hancellor of 1 councellor imberlain of John CoUc- r knight, all Lrolina,litu- ica, extend - (land, which and thirty far as the Matthias, within one b weft in a of the fa id id as a fur- we are grn- m> accord- nd in favour ard earl of earl of Cra- Sir George klcy, their or tra£t of ground gtcund, fcitaatfc, lying and being within our "dominions of America aforefaid, extending north and caftward as far a$ the north end of Charahako river, or gulet, upon a ftreiglit wefteiiy line to Wyonoakc creek, which lies within or about the degices of thirty-fix and thirty niiiiutcs northern lati* tude, and lb weft in a dire£l line as far as 'the i'outh-fcas ; and Ibuth and weftward as far as the degrees of twenty-nine inclufive northern latitude, and fo weft in a direft line as far as tire fouih-feas ; together with all and lingular poits, har- Vovirs, bays, rivers and illets belonging unto the provinca or territory aforefaid, and alfo all the foil, lands, lields, woods, mountains, ferms, lakes, rivers, bays and illets, fci- tuate, or being within the bounds or limits laft before men- tioned ; with the lilhing of all forts of filh, whales, fturge- ons, and all other royal fifties in tlxe fea, bays, iflets and rivers within the premifes, and the fifh therein taken, toge- ther with the royalty of the fea upon the coafts within the li- mits aforefaid^ And moreover all veins, mines and quar- ries, as well difcovered as not difcovered, of gold, lilver, gems and precious ftones, and all other whatfdcver, be it of -r^^,--* fiones, metal or any other thing found, or to be found with- '- ■' ' in the province, territory, illets and limits aforefaitl. , III. And furtlicnnore tlie patronage and avowfons of all ^'^^ '^* " the churches and chapels, which, as chriftian religion fhall and av^- increafe within the province, territory, illets and limits afore- fomof all' faid, Ihall happen hereafter to be ereded ; "together with li- «^*>^"''" ccnce and power to build and found churches, chapels and peis. oratories in convenient and fit ]>laces within the faid bounds and limits, and to caufc them to be dedicated and confc- cratcd, according to the eccleliaftical laws of our kingdom of England ; together with all and lingular tiie like, and as ample rights, jurifdiftions, privileges, prerogatives, roy- alties, liberties, iiTununities and franchifes of what kind foever, within the countries, ifles, illets and limits afore- laiil. i'o have, hold, ufe, exercife and enjoy the fame, as amp- ly, fully, and lu as ample manner as any bilhop of Durham in our kingdom of England ever heretofore had, held, uled or enjoyed, or of right ought or could Jiave, ufe or enjoy. And them the fai'.l Edward earl of Clarendon, George duke of Albemarle, William carl of Craven, John lord Berkley^ Anthony lord Alhley, Sir George Carteret, Sir John Col- leton^ and Sir Wilham Berkley, thcjr heirs and alfigns, we •lo by thtfe prcicuts for us our heirs and fuccelfors, make, ^rcaic, and^conititute the true and abiolutc lurdt and pro- prietors '4 I 1^1 ( 70 ) prictors of the faid province or territory, and of all other the prciniCcs; fav'"^^ always the faith, allegiance and Ibvcreign dominion due to U3, our htirs and fuccelwrg for the fame : To have, hold, pi)irers and enjoy the faid province, terri- tory, iilets, and all and fingular other the premifes to them the fald Edward earl of Clarendon, (jeorgc duke of Albemarle, William earl of Craven, John lord Berke- ley, Antliony lord Afiiley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and af- iigns for evei , <"o he holden of us, our heirs and fucceflbrs, as of our mannor of Eaft Greenwich in Kent, in free and common foccage, and not in capite, or by knights fer- vice ; yielding and paying yearly to us, our heirs and fuc- ceflbrs, for the fame, the fourth part of all gold and filver ore, which, within the limits hereby granted, fhall from time to time happen to be found, over and befidcs the yearly rent of twenty marks and the fourth part of the gold and fil- ver ore, in and by the faid recited letters patents referved and payable. Thetraftof IV. And that the province or territory herehy granted ground and defcribed, may be dignified with as large titles and privi- tn'^ed an- ^^S^^ ^* ^^V Other parts of our dominions and territories nexea to the irt that region : Know ye, that we, of our further grace, province of certain knowledge and mere motion, have thought fit to '"* '"" annex the fame tra£l of ground and territory unto the fame province of Carolina ; and out of the fullnels of our royal power and prerogative, we do for us, our heirs and fucccflbrs, annex and unite the fame to the faid province of Carolina. And foraiinuch as we ■ have made and ordained the aforefaid Edward earl of Clarendon, George duke of Albemarle, William earl of Craven, John lord Berkeley, Anthony lord A(hley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their heirs and afligns, the true lords and proprietors of all tlie province or territory aforefaid : Know ye therefore moreover, that we, repoling efpecial truft and confidence in tlicir fidelity, wifdom, juf- tice, and provident circumfpeftion, for us, our heirs and fucccflbrs, do grant full and abfolute power, by virtue of thefe prefcnts, to them the iaid Edward earl of Clarendon, George duke of Albemarle, William earl of Craven, John lord Berke- ley Anthony lord Afliley, Sir George Carterett, Sir John Col- leton, Sir William Berkeley, and their heirs and alfi^ns, for the good and happy government of the faid whole provmcc 91* territory, full power and aurliority, to ereft, conftitute and make Carolina. vmcc, all other the d ibvereign the fame : ince, terri- remlfes to eorgc duke lOrd Berke- , Sir John irs and af- l fuccefibrs, n free and lights fer- s and fuc- l and filver fhall from i the yearly old and iil- eferved and by granted 5 and privi- territories ther grace, ught fit to to the fame ■ our royal fucccflbrs, ' Carolina, e aforefaid Albemarle, , Anthony Colleton, ifHgns, the or territory e, repoling ifdom, juf- : heirs and tueof thefe )n, George lord Berke- rJohnCol- md affigns, oleprovmcc iiftitute and make CS make fevcral counties, baronies and colonics of and within The lor.?s the fhid provinces, territories, lands and hereditaments, in P'"''?"'^'"" and by the laul recited letters patents and thelc piclcnts toconftitut* granted, or mentioned to be granted as aforefaid, with fevc- coumits, ral and diftinft jurifdiftions, powers, liberties and privileges : amrcoUii and alfo to ordain, make, and cna£>, and under their feals to wiihin ti publilb, any laws and conftitutions wliatfocver, citlicr api)er- ^V'^ Pf°" raining to the public ftate of the faid whole province or terri- to"enaft" tory, or of any diftinft or particular county, barony or col- laws ani lony, of or within the fame, or to the private utility of par- ^''nftitu- ticular perfcms, according to their beft difcrction, by and with the advice, alTcnt and ajiprobation of the freemen of the faid province, or territory, or of the freemen of the coun- ty, barony or colony,for which fuch law or conftitution fliall lie made, or the greater part of them, orof their delegates or deputies, whom for enabling of the laid laws, when and as often as need Ihall require, we will that the faid Edward carl of Clarendon, George duke of Albemarle, William carl of Craven, John lord Berkley, Anthony lord Afli- ley. Sir George Carteret, Sir John Colleton, and Sir^\il- liam Berkley, and their heirs and affigns, fliall from time to time afl'emble, in fuch manner and form as to them Ihall feem beft, and the fame laws duly to execute, upon all peo- ple within tlic faid province or territory, countv, barony or colony, and the limits thereof, for tlic time being, whirli fhall be conftitutcd under the power and government of them, or any of them, cither Ihiling towanls the faid province or territory of Carolina, or returning from thence towards England, or any other of our, or foreign dominions, l-^y impofition of penalties, imprifonmcnt, or anv other punifli- inent ; yea, if it be needful, and the quality of the of- f'jncc require it, by taking away member and life, cither bv them tlie faid Edward carl of Claremlon, George duk« of Albemarle, William carl of Craven, John lord llcrklcv, Anthony lord Alhlcy, Sir George Carteret, Sir John Col- leton, and Sir William Hcrkley, and tlieir heir«, or by them, or their deputies, lieutenants, juf'ges, juAicfs, iiiagiftrates, officers, niinifter«, to be ordained and iippo'nted, ac- cording to the true tenor and intention of thefe prefents ; And likewife to tre£l or make any court or courts whnt- And t.i .•- ibever of judicature, or otherwile, as Ihall be rcrjuifite ; •"•^.'^i^ •-';"• ^'^ and to appoint and edubliili any judges or juftiecs, "">'i- and t "jpl" giftrates or officers whatlbevcr, as well within thclaid pro- point jud?. vince, as iit fca, in fuch manner and form as unto the faid «/'i'">»«-es, K Edward^''* I i r. An<3 to make urders and ordi- ( 70 Edward carl of Clarendon, George duke of Albemarle, Wil- liam carl of Craven, John lord Berkley, Anthony lordAlhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, and their heirs, fliall Iccm moft convenient : Alio to remit, rclcale, pardon, and aljolilh, (either before judgment or after) all crimes and offences whatlbever, againll the laid laws, and to do all and every other thing and things, which unto the compleat eftabliflimcnt of jufticc unto courts, Icfllons and forms of judicature, and manners of proceedings therein, do belong, although in thclc prc- icnts, exprels mention is not made thereof; and by judg- es, l)y him or them delegated, to award procefs, hold pleas, and determine in all the faid courts, and places of judicature, all aftions, fuits, and caufes whatfocver, as well criminal as civil, real, mixt, perfonal, or of any other kind or nature whatlbever ; which laws, fo as aforelaid to be pub- liflied, our plcaiurc is, and we do enjoin, require and com- mand, fliall be abfolutely firm and available m law, and that all the liege people of us, our heirs and fucceflbrs, within the faid province or territory, do obferve and keep the fame inviolably, in thofe parts, lo far as they concern them, un- der the pains and penalties therein exprefTed, or to be ex- prelled ; provided never thclc fs, that the faid laws be conlb- nant to realbn, and as near as may be conveniently, agree- able to the laws and cufloms of this our realm of England, V. And becaufe fuch affemblics of freeholders, cannot be fo fuddenly called, as there may be occafion to re- quire t4te fame ; we do tliereforc by thefc prefcnts, give and grant unto the faid Edward earl of Clarendon, George duke of Albemarle, William earl of Craven, John lord Berk- ley, Anthony lord Afliley, Sir George Carteret, Sir Wil- liam iifrkley, and Sir John Colleton, their heirs and af- figns, by thcmlelvcs or their magiftrates, in that behalf lawfully authorized, full power and authority, from time to time, to make and ordain fit and wholefome orders and ordinances, within the province or territoy aforelaid, or any county, barony or province, ofor within the fame, to be kept and obfeived, as well for the keeping of the peace, as for tho better government of the people there abidmg, as to pub- liih the fame to all to whom it may concern ; which or-! di nances, we do by thefe prefents, llreightly charge and command to be inviolably obfervcd, within the fame pro-, wince, counties, territories, baronies and provinces, under lie, Wil- cJAlhley, William It : Alio T before r, againft liing and of j lift ice manners "icfe prc- l)y judg- Is, hold places of i;r, as well )thcr kind to be pub- and com- , and that 's, within • the fame hem, un- to be ex- be confo- tly, agree- realm of rs, cannot on to re- bnts, give , George ord Pcrk- Sir Wil- > and af- at behalf rom time rders and id, or any to be kept as for tho to pub- fhich or^ arge and "ame pro- :s, under tlic penalties therein cxprefTed, fo as fuch ordinances h€ reafonablc, and not repugnant or contrary, but as ncnr a3 may be, agreeable to the laws and ftatutes of this our king- dom of England, and fo as the fame ordinances do not ex- tend to the binding, charging, or t.iking away, of the right or intcreft, of any perfon or pcrfons, in their free- hold, goods or chattels, whatfoever. VI. And to the end the faid province or territory may be the more happily cncrcafed, by the multitude of people rel'ort- ing tliither, and may likewifebe more ftrongly defended from the incuriions of favagcs, and other enemies, pirates and rob- bers, therefore we, for us, our heirs and fucceflbrs, do j-ive and grant by thefc prefents, power, licence, and liberty, urto all the liege people, of us, our heirs and fucceflbrs, in our kingdom of England, or clfcwhere, within any other our dominions, iflands, colonies, or plantations, (excepting thofe who fliall be cfpecially forbidden) to tranlport themfclves and families into the faid province or territory, with convenient fhipping and fitting provifions, and there to fettle thcmfelvcs, dwell, and inhabit, any law, a£t, ftatute, ordinance or other thing to the contrary, in any wife, notwithftanding. VII. And we will alfo, and of our more fpccial grace, for us, our heirs and fuccefTors, do ftreightly enjoin, ordain, con- ftitute and command, that the laid province or territory, fhall be of our allegiance, and that all and fingular the fubje£ls and liege people of us, our heirs and fuccefTors, tranfported, or to be tranfported into the faid province, and the children of them, and fuch as fliall dcfcend from them, there born, or hereafter to be born, be and fliall be, denizens and lieges of us, our heirs and fncccffors, of this our kingdom of England, and be in all tilings held, treated and reputed as the liege faithful people of us, our heirs and fucceflbrs, born within this our laid kingdom, or any other of our dominions, and may inherit, or otherwife purchafe and receive, take, hold, buy, and polfefs, any lands, tene- ments or hereditaments witliin the laiil places, and them may occupy, and enjoy, fell, alien and bequeathe ; as likewife all liberties, franchills and privileges, of this our kingdom, and of odier our dominions aforefaid, may freely and quietly, have, poifefs and enjoy, as our liege people born within the fame, without the leafl molef- tatlon, vexation, trouble or grievance, of us, our heirs and JC 3, fucceflbrs. Lircnce gi- ven to all the King's liet;e m'pU to tranlport th«mfelve» thilher« The faid provincp to be of the KiPf 'sails* glance* The King grjnts li« cencv to freighcin ( n ) fucceflors, ahy a£l, (l.itutc, ordinance, pvovlfion totlic con»« trary notwithflamling, Vlll. And fiirrhciinorc, that our fubjcAs of this onr faid kingdom o( England, and other our dominions, may- be the rather encouraged to undertake tliis cxiudition, every port, with rcady and chearful minds ; know yc, that \vc, of our efpc- *"'''""■•'"'* cial grace, certain knowledge and mere motion, do give and warp/°"anaS''''^'^^ 'T vcrtuc of tlicfc prcfcnts, a<> well to the faid Ed- merchandi- Ward carl of Clarendon, (icorgc duke of Albemarle, VVilli- ze-Sjic. fav- ji,^, ^,J^y^ of Cravcn, lohn lord Ikrkley, Antliony lord Afhlcy, King thu '^"' ^>corgc Carteret, Sir Jolin Colleton, and bir Wuliam euMoms and Berkley, and their heirs, as unto all others as Ihall from duties. ^iij^g fy fj„^g repair unto the faid province or territory, with a pur|>ofe to inhabit there, or to trade with the natives there- of, full liberty and licence to trade and freight in every port wliatfoever, of us, our heirs and lucccllors, and into the faid province of Carolina, by them, their fervants and aifigns, to tranfport all and fingular their goods, wares and merchandizes ; as likcwife all forts of grain whatfoever, and any other thing whatfoever, neccflfary for food and cloath- ing, not prohibited by the laws and ftatutcs of our king- doms and dominions to be carried out of the fame, with- out any let or molcftation, of us, our heirs and fucccfl'ors, or of any other oar otFicers or minifters whatfoever, fav- ing alio to us, our heirs and fucceiVors, the cuftoms and other duties and payments, due for the faid wares and mer- chandizes, according to the feveral rates of the places from whence the fame Ihall be tranfported. Sundry IX. We will alfo, and by thcfe prefents, for us, ?"*»^* ^^^'f our heirs and fucceflbrs, do give and grant licence by this exported ^ur charter, unto the faid Eilward carl of Clarendon, cuilom free. George dukc of Albemarle, William earl of Craven, John lord Berkley, Anthony lord Afliley, Sir Oeorge Car- teret, Sir John Colleton, and Sir William Berkley, their heirs and alngns, and to all the inhabitants and dwellers in tlic province or territory aforefaid, both ))rcient and to come, full power and alifolute authority, to inipoit or unlade, by themfelve?, or their fervants, factors or alligns, all merchandi- zes and goods whatfoever, that lliall arife of the fruits and com- modities of the faid province or territory, either by land or fea, into any the ports of us, our heirs and fuceeilorsjin our king- dom of Engin nd, Seotlrtnd or Ireland, or olhervvife to difpofc of tiie faid goods, in tlic faid ports ; and if need be, with- in one year jiext i\.i\^K tht unlading, to lade the laid mer- clundi:des !l to tlic coru. f this onr nions, may L;x|K(lition, >four el'pc- 3 give and ^ faici Ed- le, VVilli- il Afhlcy, r William liall from :ory, with vcs there- in every and into vants and vares and ever, and d cloath- mr king- nc, with- iicccflors, ^'cr, fav- :oms and and mcr- ccs from us. for by this arcndon. Craven, •ge Car- ?y, their I'cllers in o come, adc, by chandi- nd com- il or Tea, jr king difpofe vvith- i mer- undi^es ( 75 ). chandizcs and good^ again intt) tlic lame, or other fliij's, snd to cxi)ort the fame into any other countries, citlicr of our dominions or foreign, being in amity with u^, our heirs and fucccHbrs, fo as tiiey pay futh cuiloms, l\il>fidies anil other duties for the liime, to us, our heirs and luccelibis, as the reft of our fubjedls of tliis our kingdom, for tlu: time being, lliall be bouml to pay, beyond which we will not that the inhabitants of the faid province or territory, lluill l)e any ways charged. Provided ncverthelefs, and our will and plea- furc is, and we have further, for the coid'ulerations aforefaid, of our fpccial grace, certain knowleilge aiiil meer motion, given and granted, and by thcfe prelents, for us, our heirs and fucceilors, do give and grant unto the faid Edward carl of Clarendon, George duke of Albemarle, Williani carl of Craven, John lord Berkley, Anthony lord Afldey, Sir Cieorge Carteret, Sir John Colleton, and Sir VVilliam IJerk- ley, their heirs and aifigns, full and free licence, liberty, power and authority, at any time or times, from and after the feaft of St Michael the arch-angel, which fliall be in the year of our Lord Chrift one thoufand lix hundred lixty and leven, as well to import, and bring into any our domi- nions, from the faid province of Carolina, or any part there- of, the feveral goods and commodities herein after men- tioned, that is to fay, filk, wines, currants, raifms, capers, wax, almonds, oyl and olives, without paying or anfwering, to us, our heirs or fucceflbrs, any cuftoni, import, or other duty, for, or in refjjcft thereof, for and during the time and fpace of feven years, to commence and be ac- com[)ted, from and after the firft imjiortation of four tuns of any of the faid goods, in any one bottom, fliip or vef- fel from the faiil province or territory into any of our domi- nions ; as abb to export and carry out of any of our do- minions into tlic faid province or territory, cullom free, all forts of tools, which fliall be ull-ful and nccelfary for the plan- ters there, in the accommodation and improvement of the premifes, any tiling before, in thefe preftnts contained, or any law, aft, ftatute, prohiintion, or other matter, or thing heretofore had, made, enafted or provided, or here- after to be had, made, enabled or provided, in any wife uotvvithftanding. X. And furthermore, of our more ample and cfpecial P°'*'» f**'' grace, certain knowledge, and meer motion, we do, for us, to be'cml our heirs and fucceffors, grant unto the faid Edward carl of ditutca. Clarendon, George duke of Albemarle, William earl of Cra- ven, i;. A ( 75 ) vcn, Jolm lord Berkley, Anthony lord Aflilcy, Sir Gcorpc Cartcrcr, Sir |olin Colleton, and Sir William Berkley, their heirs and aflic^ns, full and ablolutc power and authority, to make, crc/l and ronilitiUe, within the laid province or ter- riU)ry, and the illes and illcts atorclaid, iuch, and fo many lla ports, liarlnjur-, cr^-eks and other places, for difchargc and v.nlading of goods and merchandizes out of Ihips, boats and other ^t^^els, and for ladinc; of them, in fuch and fo many plac cs, and with fuch iurildiftion, privilq^es and franchifc*.-, iinto tlic faid ports bclonp/mf;, as to them fliall fcert mort ex- pedient, and that all and lingular the fliips, boats and other , and trade into rchandi veflcls, which (liall come the faid province or territory, or Ihall depart out of the fame, iVudl be laden and unladen at Iuch ports only, as fhall be cre£t- ed and conllitutcdby the faid Edward earl of Clarendon, George tlukc of Albemarle, William carl of Craven, John lord Berk- ley, Anthony lord AOiley, Sir (icorge Carteret, Sir John Colkton, and Sir William Berkley, their heirs and af- figns, and not elfc where, any ufe, cuftom, or any thing to the contrary in any wife nfitwithllanding. The fubfi- XI. And wc do furthermore will, appomt and ordain, and riles to tc.|,y ^i^^c^, p,.^,j-^^.p,f^ j-f,|. ^j5^ ^^^^. ]^(_ips and fucceflors, do grant l.;r(is pro- un^o the faid Edward eail of Clarendon, deorgedukcof Albc- prictois. rnarle, William carl of Craven, Jobn lord Berkley, ,Anthony lord Afhley, Sir George Carterei, Sir John Colleton, and Sir Wllli.w/. Berkley, their heirs and alfigns, that they the f.'id Edward carl (.f Clarendion, George duke of Albemarle, William earl of Craven, John lord Berkley, Anthony lord Afhlcy, Sir (icorge Cavttret, Sir John Colleton, and Sir William Berkely, their heirs and al^ns, may from time to time for ever, have and enjoy, the cuftnms and fublulies in the P'^rts, harlxH^"*, creeks and other places within the provlnci^ aforefaid, pa) able for tlic goods, merchandizes and wares there laded, or to be latlcil or unladed, the iaid cuftoms to be rea- Ibnably aireilal to, v.pon any ocoaiion, by themfelves, and by and with the confent of the free pcoi)le, or the greater pait of tlicm as aforefaid ; to whom wc give pow'er, by thefc preilnts, for us our heirs and fuccelfors, upon juil cuule, and in a due proportion, to aflcfs and impofe the fame. The lords XII. And further, of our fj)ccial grace, certain knovv- propiieiors Icdgc, and mcrc motion, we have given, granted and con- ni.iy;.H!gn f^,n^ed, and by tliefe prefents, for us, our heirs and iuccef- the frfiiii- /«i ir ar.v I fors, tlo give, grant and confirm \mto the faid Edward earl of Clarendon, George duke of Albemarle, William earl of Craven, Cravcn| Carte n heirs al thorityj duke of ley, Al CollcK from til plea fur j premiU Ihall Ik pcrlonsj the faici pie or be held duke o ley, A CoUeto by iuc them tl bcmarl" lord A: Williar our he pcrfons by the authori or take ward c liam ej ley, s liam 1 to thci tance to thcr of All ley, ^ Collet lliall ward, prcde( tcrrart CUftor ?Ir George kley, their :hority, to cc or tcr- 1 ib many :har£Tc .inil boars and cl To many franchiCcj, \ mort ex- and other trade into the fame, be ercft- >n, George :)rd Berk- Sir John 1 an J af- any thing dain, and do grant of Albc- Anthony ton, and tlicy the beinarlf, )ny lord and Sir e to time 1 in the )rovina: res there be rca- and by greater .ver, by pon jiill le lame. knovv- nd con- iuccel- ard earl earl of Jravcn, ( 77 ) Craven, Johnlonl I>crkUy, Anthony lorvl AflHcv, Sir Cu'orj^c ?"*•''"«"''» Cirterct, Sir j..hn Colleton, aiul Sir William liukl.v, llunr [hj;,'"],"' heirs and aHigns, full and ablcjlute po\\\r, liien^c unA au- win j^ur- thorlty, that the faid l-Alward earl of ClarcTulon, (ieorL;c '.''•"'■■ ''" duke of Albcm irlc, Willi;un carl of Craven, joiin h nl B^rk- '"""*'* Iry, Anthony lord Afldcy, Sir Cicorge Carkiot, Sir John Colleton, and Sir \V'iHi;im Bciklcy, tlujir heirs ;n'.d :illi;;iis, from time to time herealtor forever, at his or their will anil pleafiue, may afli}.';n, alien, grant, den'.lfe or cnfet)!' tho prcmifes, or any i)art or parcels thereof, to him or thcin that ihall be willing to purchale the fjine, and to I'mU pcrlon or pcrlbns as they lliall think fit, to liave and to holi!, to tlicni the faid pcrfonor perfons, their heirs and alligns, in fee lim- {)lc or in fee tayle, or for term of life, or lives, or years, to le held of them the faid Edward carl of Clarendon, Ckor^o duke of Albemarle, William carl of Craven, John lord lleik- Icy, Anthony lortl Alhley, Sir Cicor;;e Carteret, Sir |'lin Colleton, and Sir William Herkley, their heirs and afli^ns, by fueh rent!?, fervices and cufloms, as Ihall iccni 111 to them the faid Edward carl of Clarendon, George duke of Al- bemarle, William carl of Craven, John lord J'.crkley, AntluMiy lord Alhley, Sir (ieorgc Carteret, Sir John Colleton, ant! Sir William Berkley, and their heirs and alligns, arid not of us, our heirs and fucccflbrs ; and to the fame peribn and perfons, and to all and every of them, wc do give and grant by ihcfc prefects, for us, our heirs and fuccellors, licence authority and power, that fuch perfon or perfons, may ha\e or take the premifes, or any parcel thereof, of the faid Ivl- ward earl of Clarendon, George duke of Albemarle, Wil- liam carl of Craven, John lord Berkley, Anthony lord Alh- ley, Sir George Carteret, Sir John Colleton, and Sir Wil- liam Berkley, their heirs orafiigns, antl the fame to hold, to thcmfelves, their heirs or alligiu, in what cAate of inlicrl- tancc focvcr, in fee fimple or in fe ■ tayle, or otherwiie, ;!s to them and the faid Edward carl of I "lareiulon, George dul^e of Albemarle, William carl of Ci 'ven, John loril Berk- ley, Anthony loni AlLley, Sir George Carteret, Sir John Colleton, and Sir AViUiam Herkley, their heirs an I aflians, lliall feem expedient ; the fiauiie in tiie parliament of Ed- ward, fon of King Henry, hLictofore King of Englantl, our predeceflbr, commonly tailed the fhitute of ^ijui cmpt:;ri tcrrarum ; or any other Ihitutc, a<^, ordinance; ufe, law, cyflom or any odicr mallcf; c^iufc or thing heretofore pub- lillKd i titles f)l' honour. ( 78 ) , llfhctl or provltlcJ to ihc conti-nry, in any wife, notwlth- ftandinj^-. The lords Xlll. And bccanfe many pcrfons born or inhal/itinc: in rropricttrs , ,. . , r \ • t r 1 ,• • <-» imijowercd tlic iaui province, for their dflcrts and Icrviccs, may expect til conf_cr and he cnpahle of marks of honour and favour, which, in reljieft of tJic great diftance, cannot conveniently be con- ferred by us ; our will and plcafurc therefore is, and we do by thefe ])rctent.s give and grant unto the faid Edward earl of Clarcnilon, Cicorge duke of Albemarle, William earl of Craven, John lord Berkley, Anthony lord Aflilcy, Sir George Carteret, Sir John Colleton, and Sir William Berk- ley, their heiis and alligns, full power and authority, to give and confer, unto and upon, fuch of the inhabitants of the faid province or territory, as they fliall tjiink do or lliall merit the fame, fuch marks of favour and titles of honour, as they lliall think fit, fo as their titles or honours be not the fame as arc enjoyed by, or conferred upon, any of the fubjedts of this our kinjjtlom of England. A-.dtoer?ft XIV. And further alfo, wc dobythcfe prefcnts, for us, tortj, c.if- Q^„. i^eii-.; and fucceflors, give and grant licence to them the towns and' ^'^"^' Edward earl of Clarendon, George duke of Albemarle, other forti- William earl of Craven, John lord Berkley, Anthony lord HcAuoni. Alhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and afligns, full power, liberty and licence toere£V, raife and build, within the faid province and places aforefaid, or any part or parts thereof, fuch, and ib many forts, fortrefles, caftles, cities^ burroughs, towns, villages and other fortifications whatfoever, and the fame, or any of them to fortify and furnifli with ordnance, pow- der, Ihot, armour and all other weapons, ammunition and habilcments of war, both defenfive and offenfive, as fliall be thought fit and convenient for the fafety and welfare of the faid province and places, or anv part thereof, and the fame, or any of thtm, from time to time, as occafion fhall require, to difmantle, disfurnifh, demolifli and pull down, and alfo to place, conftitute and appoint, in or over all or any of the laid calllcs, forts, fortifications, cities, towns and places aforefaid, governors, deputy governors, magiftrates, flieritfs and other ofliccrs, civil and military, as to them lliall fecm meet, and to the faid cities, burroughs, towns, villages, or any other place or places within the faid province or territory, to grant letters or charters of incorporation, with all the liber- ties, franchlfes and j)rivilcgcs rcquifite or ufual, or to, or within this our kingdom of England, granted or belonging ; and and to -CI mark! fit aj the pi ny nj and to ho] court! pledj ter 'J notwith. ( 79 ) and in the fame cities, burroughs, towns ami other pi lahiting m nay cxpcft wliicli, in y he con- and \vc do ciward earl iam earl of Alley, Sir iam Bcrk- hority, to il)itants of lo or lliall lionour, as )t the iaine fubjefts of ts, for us, them the Libemarle, hony lord , and Sir ;r, liberty- province fuch, and », towns, he fame, ce, pow- tion and s fliall be e of the :he fame, : require, and alfo any of id places , flieriffs all fecm iges, or rritory, e liber- r to, or iiging ; and ;ft and aees. appoint, , as Ihall in fuch, ]gl to conftitute, markets, marts am.1 fairs, as Ihall in that behalf fit and nccefl^iry, and further alio to ered and make^'in the province or territory aforefaid, or any part thereof, fo ma- ny mannors with fuch fignories, as to them fl\ali feem mecjt and convenient, and in every of the faid mannors, to have and to hold a court baron, with all things whatfoever which to a court baron do belong, and to have and to hold views of franck pledge and court leet, for the confervation of the peace, and bet- ter government of thofe parts, with fuch limits, jurifdic- tions and precinfts, as by the laid Edward earl of Claren- don, . George duke of Albemarle, William earl of Craven, John lord Berkley, Anthony lord Aihley, Sir George Car- teret, Sir John Colleton, and Sir William Berkley, or their heirs, fhall be appointed for that purpofe, with all things whatfoever,. which to a court leet or view of frank pledge do belong, the faid courts to be holdcn by ftewards, to Le tleputed and authorized by the faid Edward earl of Claren* don, George duke of Albemarle, William earl of Craven, John lord Berkley, Antljony lord Aihley, Sir George Car- teret, Sir John Colleton, and Sir William Berkley, or their heirs, by the lords of the mannors and leets for the time being, when the fame lliall be ereftcd. XV, And becaufe that in fo remote a country, and fci- Power f<» tuate among fo many barbarous nations, the invafions '^^y. "^"^«' as well of falvages as other enemies, pirates and robbers, *"g'j,'"^|J may probably be feared ; therefore we have given, and for nuke wj* us our heirs and fucceflbrs, do give power by thefc prclents, unto the faid Edward earl of Clarendon, George duke of Albemarje, William earl of Craven, John lord Berkley, An- thony lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and affigns, by them- felvcs, or their captains, or other officers, to levy, mufter and train up, all forts of men, of what condition,focver or wherefo- cver born, whether in the faid province or elfewhere,for the time being ; and to make war, and purfue tlie enemies aforefaid, as wellby fea as by land, ; yea, even without the limits of the faid province, and by God's afliftance, to vanquilh and take them, and being taken, to put them to death by the law of war, and to fave them at their pleafure ; and to do all and eve- ry other thing, which to die charge ar J office of a captain ge- neral of an army belongeth, or hath accuftoir':d to belong, as fully and freely as any captain general of an army lath had the fame. L XVT, AU« lit And to ex. XVI. Alfo, o\ir will tnd plcafure it, tnd by this out cKartei •Tcife mir- ^^ give and grant unto the faid Edward carl of ClarcndoHi tiiJ I.W. QgQ^gg jyj^e of Albemarle, William carl of Craven, John lord Berkley, Anthony lord Aftilcy, Sir George Carteret, Sirjohn Colleton, and Sir William Berkley their heirj at^d afligni, full power, liberty, and authority, in cafe of rebellion, tu- mult or fcditioi>, (if any (hould happen) which God forr bid, cither upoi> the land within the province aforefaid, or upon the main fea, in m?iking a voyage thither, or rc- turnmg from thence, by him and themfelves, their captains, deputies or officers, to be authorized under his pr thcijr feals for that purpofe : to whom alfo, fojr us, our heiri and (ucceflbrs, we do give and grant, by thefe prefent$, full power and authority, to cxcrcife martial law againft muti- nous and feditious perfons of thofc parts, fuch as fhall rc- fufe to fubmit themfelves to their ffovcrnment, or (hall rc- fufe to fcrvc in the wars, or fhall fly to the enemy, or for- iake their colours pr enfigns, or be loiterers or ftragglers, or otherwife howfocver offending againft law, cuftom or mili- tary difcipline, as freely and in as ample manner and form ai any captain general of an army, by virtue of his office^ might or hath accuftomcd to ufe the fame. The pro- XVII. And our further pleafure is, and by thefe prefents, Carolina & ^^^ "^j o^^*" ^^''"s 3"^ fucccflors, wc do grant unto the (aid the inhabi- Edward earl of Clarendon, George duke of Albemarle, "toVe^'fub ^^^^^^^"^ ^^^^ ^^ Craven, John lord Berkley, Anthony lord \ca immi:- AfhlcY, Sir George Carteret, Sir John Colleton, and Sir Wil- iiateiy to liam fecrklcy, their heirs and afligns, and to all the tenants *i E 'l*"d ^^^ inhabitants of the faid province or territory, both prefent "* *" ' and to come, and to every of them, that the faid province or territory, and the tenants and inhabitants thereof, (hall not, from henceforth, be held or reputed a member or part of any colony whatfocver in America, or elfe vherc, now tranfportedor made, or hereafter to be tranfported or made ; nor fhall be depending on, or fubjeft to their government, in any thing, but be abfolutely feparated and divided from the fame : and pur pleafure is, by thefe prefents, that they be feparated^ and that they be fubjcft immediately to our crown of Eng- land, as depending thereof for ever ; and that the inhabitant! of the faid province or territory, nor any of them, (hall at any time hereafter be compelled, or compellable, or be any ways fubjeft or liable, to appear or anfwer to any matter, fuit, caufc pr plaint whatfoever, out of the province or territory aforc- ^id, in any other of our iilsiAdSi colpniei or dopiinions in ^Vmerica^ anc iiourdiartei f Clarendony en, John lord sret, Sirjohn ai]id amgniy cbeUion, tu- ;h God forr ce ^forcfaid, ther, or rc- leir captains^ hi$ pr thcijr )ur heirf and refcnt$, full 3;ainfl muti- as fhall re- or (hall rc- ny, or for- Iragglers, or >m or mili- and form at F his office, efc prefents, to the faid Albemarle, thony lord idSirWil- Jie tenants oth prefent Province or Ihall not, :>art of any nfportedor 3r fhall be any thing, me : and feparated, of Eng- ihabitantt all at any my ways uit, cavfe Y aforc- inions in ( «■ ) America, or elfcwherc, other than iii our realm of England The lord* and dominion of Wales. KS XVIII. And becaufe it may happen, that feme of the t^gJanVii- people and inhabitants of thefaid province, cannot in their bcrty of pi'ivate opinions conform to the public exercife of religion, ^^n^"^'^"^** according to the liturgy, form and ceremonies of the church of England, or take and fubfcribe the oaths and articles made and edablilhed in that behalf, and for that the fame, by reafonof the remote diftances of thofe places, will, as we hope^ be no breach of the unity and conformity eftablilhed in diis nation, our will and pleafure therefore is, and we do by thefc prefents, for us, our heirs and fucceflbrs, give and grant un- to the faid Edward earl of Clirendon, George duke of Al- bemarle, William earl of Craven, John lord Berkley, Antho- ny lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and afligns, full and free licence, liberty and authority, by fuch ways and means as they fliall think fit, to give and grant unto fuch perfon and perfons inhabiting and being within the faid pro- vince or territory, hereby, or by the faid recited letters patents, mentioned to be granted as aforefaid, or any part thereof, fuch indulgencies and difpenfations in that behalf, * for and during fuch time and times, and with fuch limitations and reftriftions, as they the faid Edward earl of Clarendon, George duke of Albemarle, William earl of Craven, John lord Berkley, Anthony lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their iicirs or afligns, Ihall in their difcretion think fit and rcafonablc ; and that no perfon or perfons, unto whom fuch liberty fhall be given, fhall be any way molcfted, punifhed, difquieted, or called in queflion, for any difference in opinion or prafticc, in matters of religi- ous; concernment, who do not aftually diflurb the civil peace of the province, county or colony that tliey iTiall make their abode in ; but all and every fuch perfon and peribns, may from time to time, and at all times, freely and qui- etly have and enjoy his or their judgments and confcience* in matters of religion, throughout all the faid province or colony, they behaving peaceably, and not ufing this liberty to licentioufnefs, nor to the civil injury or outward diflur - bancc of others ; any law, flatute or claufe, contained or to be contained, ufage or cufloms of our realm oi England, to the contraryhercof, in any wife nctwithflandng. XIX. And in cafe it fhall happen, that any qoudts or queftions Ihould arifc, concerning the UUC fenlc and un- ir « dcrft^nding II In ch/c of doubts or ^ueflion!, the inter- pretation to he trade mofl advan- tsgfoiis a»d favourable tn the lords proprietors. ( 8a ) dcrftancUng of any word, claiifc or fcntcnce, contained in this our prclcnt charter, vvc will, ordain, and command, that at all times, and in all things. Inch interpretation be made thereof, and allowed in all and every of our courts whatfoe- vcr, as lawfully may be adjudged moft advantageous and fa- vourable to the faiil Eilward earl of Clarendon, Cieorge duke of Albemarle, William carl of Craven, John lord Berkley, Anthony lord Afblcy, Sir Cieorgc Carteret, Sir John Col- leton, and Sir William Berkley, their heirs and alligns, al- though cxprefs mention, &c. Witnefs ourfclf at Weftminfter, the thirtieth da^' of June, in the feventeenth year of our reign. Pfr ipfum Regem, FINIS. Del tl ti Pre Mil ci \\ Th I'll ^his Day are TubliJJjed, ''Tr^HE Parliamentary Regifter, containing nn Ac- ^. /. J, X count of the moll interolHng Speeches and Mo- tions, iiccuratc Copies of all material Papc7sand Let- ters, important Evidence, Petitions, Bills, Protefts, «Vc, &:c. in both Houfcs of Parliament, during the Years 1774, 1775, ''"^ J77^« J^'^e Volumes,' half hotinA ll. IDS. 6d. and bouml - i 1 j o The Debates and Proceedings of the Hou*e of Com- mouii, from 1772 to 1774, being the two lad Sef- fions of the late Parliament. h\ Two Volumes, in ^oar/tf, los. 6d. and ^. kW ___ q 12 o [^Thtfe Volumes are a Conthiual'ion of the former Debates to the End of the l/i/i Parliament. It is humhh rtqUfffl of tbofe GintUmvi nvho have not compleated their Sets, to give Orders to their Bookfdle>s^ or the Vubiijher for the fame, as there will be no mort detached Velumes to be had after tie prefent Imprcfjion is fold, '\ The Debates of the Houfe of Commons, from 1746 to 1772. Seven Volumes — 2 a • Jhc Protefts of the Houfc of Lords, from the fix^ up- on Record ; \rith St. Amand's fcarce Tract on the Legiflative Power of England. Two Volumes o 13 6 Debates of the Parliament of Ireland, in the Years 177^ and 1 776 ; with all the authentic Papers relative to the Revenue, I'll of Pcnfions. &:c. &c, half bound, 31. 6d« k»k?tJ ■ ■ 040 I Debates of the \ contained In mmand, that ion be made rts whatfoe- -ous and fa- Cjcorge duke rd Berkley, I- John Col- ailigns, al- Jth da^' of m Regent, £• /. tf. 13 o 0120 t/je End of fhtnen nvbo ^kfcUrs^ or d Volumes \ 'i 6 4 o esofthtf "* This Day are puhlijhedj Debates of the Houfe of Comrrons of Ireland, during the Years 1763 and 1764. Dedicated, by Periniifion, to the E.'trl of Chatham. Taken by Sir James Cald- well, Bart. 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The Variety of Publications of the Proceedings of pARti amekt, during this long and interefting Period, have been aflidttouny colle£ted, and carefully revifed* BY SEVERAL INTELLIGENT GENTLEMEN. The CoUcftion of Debates ufually called CbavdUr'i ColUaionj will be included in this Work; with fuch Corrections as the Jeurnals of Parliament, and other authentic Publications, have made necelfary ; together with a great Number of additional Speeche . and Papers, which efcaped the Notice of the former Editors ; and fome which hare been printed An :^ that Publication ; and feveral which have not yet been printed* The Work which is now offered to the Public, is not a crude, hally Compilation ; it is the Pr>du£lion of feveral Yean La- bour; clofe. App}' .ation ; diligent Search; and, the Editors hope, judicious Selcdion. In the laft V olume will be given a copious lNDk:\ to the whole* The forn tr Paj.iamentr.y Hiftory ends whevi: this begins. Subfcription 5 are tak^n in ')y the Publiflier J. Almost, oppofitC Jiurlingtofi-Heii/i, in Piccadilly, No Moi:*!y is defined at the Time of Subfcribing. ' Ai fooaas Ti/yo Hundred Copies are fubfcrlbed for, thcWMic will be fcnt to the Prefs, /^M'l I t Dry >eatk of ^easm MAMENTy }ecn MEN. Yiiofii will Journals |ve made |Speeche . Bditors ; lu; and a crude, fani La- Editors whole. Pgins. bpoiite W.^rl: