The Concessions and Agreement of the Lords Propryators of the Province
of Carolina to and with
the adventurers of the
Island of Barbados and their associates of England New England the Carribbia
Islands and Barmothos
to the Province of Carolina and all that shall plant there In order to
the selling
and planting of the Countye
of Clarendine the County of Albermarle and the County which latter is to
bee to the southward
or westward of Cape Romania all within the Province aforesaid.
1. Impris Wee doe consent and agree that the Governor of each County hath
power by the advise of
his Councill to depute
one in his place and Authority in case of death or removall to continue
untill our
further order unless
wee have commissionated one before.
2. Item That he hath likewayes power to choyce of and to take to him six
Councillors at least or
twelve at moast or any
even Number between six and twelve with whose advise and consent or with
at
least three of the six
or fower of a greater Number all being summoned he is to govern according
to the
Lymitacons and Instructions
following during our pleasure;
3. Item That the chiefe Registers or Secretarys which wee have chosen or
shall chuse wee fayling
that tree shall chuse
shall keepe exact entereyes in faire bookes of all publicke affaires of
the said
Countyes and to avoyde
deceiptes and lawsuits shall record and enter all Graunts of Land from
the Lords
to the planter and all
conveyances of Land howse or howses from man to man, As alsoe all leases
for
Land howse or howses
made or to be made by the Landlord to any tenant for more than one yeare,
which
conveyance or Lease shalbe
first acknowledged by the Grantr or Leasor or proved by the oath of two
witnesses to the conveyance
or Lease before the Governor or some Cheife Judge of a Court for the
time being whoe shall
under our hand us grant upon the backside of the said deeds or Lease attest
the
acknowledgement or proofe
as aforesaid which shalbe our grant for the Registers to record the same
which Conveyance or Lease
soe recorded shalbe good and effectual in Law notwithstanding any other
conveyance deede or Lease
for the said Land howse or howses or for any part there although dated
before the Conveyance
deede or Lease soe recorded as aforesaid And the said Registers shall doe
all
other thing or things
that wee by our instructions shall direct and ye Governors Councell and
Assembly
shall ordaine for the
good and wellfaire of the said Countyes;
4. Item That the surveyor Genll that wee have chosen or shall chuse wee
fayling that the Governor
shall chuse, shall have
power bv himself or Deputy to survey ley out and bound all such Lands as
shalbe
granted from the Lords
to the Planters (and all other Lands within the said Countyes &c which
may
concerne particular men
as he shalbe desired to doe) And a particular thereof certifie to the Registers
and Surveyors or either
of them shall soe misbehave themselves as that the Governor and Councill
or
Deputy Governor and Councill
or the majr pte of them shall finde it reasonable to suspend their Actings
in their respective Imployments
it shalbe lawful for them soe to doe untill further order from us;
5. Item That all choise of officers made by the Governor shalbe for noe
longer time then during
our pleasure;
6. Item That the Governors Councillors Assemblymen Secretarys Surveyors
and all other officers
of trust shall sware
or subscribe (in a booke to be provided for that purpose) that they will
bare trew
allegance to the King
of England his heires and successors and that they wilbe faithfull to the
Interest of
the Lords Propryatrs
of the said Province and their heires executors and assignee and evdeavor
the
peace and wellfaire of
the said Province and that they will trewly and faithfully discharge their
respective trusts in
their respective offices and doe equall justice to all men according to
their best skill
and judgmt without corruption
favor or affection, and the names of all that have sworne or subscribed
to
be entred in a booke;
And whosoever shall subscribe and not sware, and shall vyolate his promis
in that
Subscription shalbe lyable
to the same punishmt that the persons are or may be that have sworne and
broken their oathes;
7. Item That all persons that are or shalbecome subjects to the King of
England and sware or
subscribe allegiance
to the King and faithfulness to the Lords as above shalbe admitted to plant
and
become freemen of the
Province and enjoy the freedomes and Immunityes hereafter express until
some
stop or Contradiccon
be made by us the Lords or else by the Governor Councill and Assembly wch
shalbe in force untill
the Lords see Cause to the Contrary provided yt such stop shall not anywayes
prejudice ye right or
Continewance of any person that hath beene recd before such stop or order
come
from the Lords or Genll
Assembly.
8. Item That noe person or persons quallifyed as aforesaid within the Province
or all or any of the
Countyes before express
at any time shalbe anywayes molested punished disquieted or called in
question for any differences
in opinion or practice in matters of religious concernment whoe doe not
actually disturbe the
civill peace of the said Province or Countyes byt that all and every such
person and
persons from to time
and at all times freely and fully have and enjoye his and their judgements
and
contiences in mattrs
of religion throughout all the sd Province they behaving themselves peaceably
and
quietly and not using
this Liberty to Lycentiousness nor to the Civill Injury or outward disturbance
of
others, any Law statute
or clause conteyned or to be conteyned usuage or custom of this realme
of
England to the contrary
hereof in anywise notwithstanding.
9. Item That noe presence may be taken by us our heries or assignee for
or by reason of Or right of
patronage and powr of
advowson graunted unto us by his Majties Letters pattents aforesaid to
infringe
thereby ye Genll clause
of Liberty of Contience aforemenconed We doe hereby graunt unto the Genll
assemblyes of ye sevll
Countyes power by act to constitute and appoint such and soe many Ministers
or
preachrs as they shall
thinke fitt, and to establish their maintenance Giving Liberty besides
to any person
or persons to keepe and
mainteyne wt preachers or Ministers they please.
10. Item That the inhabitants being freemen or chiefe agents to others
of ye Countyes aforesd doe
as soone as this our
Comission shall arrive by virtue ot a writt in our names by the Governor
to be for ye
present (untill our seale
comes) sealed and syned make choice of twelve Deputyes or representatives
from amongst themselves
whoe being chosen are to joyne with him the so Governor and Councill for
the makeing of such Lawes
Ordinances and Constitutions as shalbe necessary for the present good and
welfare of the severall
Countyes aforesd but as soone as Parishes Divisions tribes or districcons
of ye
said Countyes are made
that then ye Inhabitants or Freeholders of the sevll and respective Parishes
Tribes Divisions or Districcons
of the Countyes aforesd doe (by our writts under our Seale wch wee
Ingage shalbe in due
time issued) annually meete on ye first day of January and chuse freeholders
for
each respective denizon
Tribe or parish to be ye Deputyes or representatives of ye same, which
body of
Representatives or ye
Majr parte of them shall wth the Governor and Councill aforesd by ye Genll
Assembly of the County
for which they shalbe chosen, the Governor or his Deputy being present
unless
they shall wilfully refuse
in web case they may appoint themselves a president during the absence
of the
Governor or his Deputy
Governor.
Which Assemblyes are to have power.
1. Item To appoint their own times of meeting and to adjorne their sessions
from time to time to
such times and places
as they shall thinke Convenient as alsoe to ascertains ye Number of their
Quorum
Provided that such members
be not less than ye third pte Of the whole in whome or more shalbe ye full
power of the Generall
Assembly (vizt)
2. Item To enact and make all such Lawes Acts and Constitutions as shalbe
necessary for the well
Government of ye County
for web they shalbe chosen and them to repeale provided that the same be
consonant to reason and
as near as they may be conveniently agreable to the Lawes and Customes
of his
Majties Kingdom of England
provided alsoe that they be not against ye Interest of us the Lords
Propryators our heires
or assignee nor any of these our present concessions Espetially that they
be not
against the Article for
Liberty of Contience abovemenconed, which Lawes &c soe made shall receave
publication from the
Governor and Councill (but as the Lawes of us and our Genll Assembly) and
be in
force for the space of
one yeare and a halfe and noe more; Unless contradicted by the Lords Propryators
within which time they
are to be presented to us our heries, &c, for our ratification and
being confirmed
by us they shalbe in
continuall force till expired by their owne Limitacon or by Act of Repeale
in like
manner as aforesd to
be passed and confirmed;
3. Item by act as aforesd to constitute all Courts for their respective
Countyes, together wth ye
Lymitts powers and jurisdictions
of ye said Courts as also ye severall offices & Number of Officers
belonging to each of
the sd respective Courts together with their severall and respective sallerves
fees
and perquisites Theire
appellations and dignities with the penalltyes that shalbe due to them
for breach
of their severall and
respective dutyes and Trusts.
4. Item by act as aforesd to ley equall taxes and assessments equally to
rayse Moneyes or goods
upon all Lands (excepting
the lands of us the Lords Propryators before selling) or persons within
the
severall precincts Hundreds
Parishes Manors or whatsoever other denizens shall hereafter be made and
established in ye said
Countyes as oft as necessity shall require and in such manner as to them
shall
seeme most equall and
easye for ye so Inhabitants in order to the better supporting of the publicke
Charge of the said Government,
and for the mutuaall safety defense and security of ye Countyes.
5. Item by act as aforesd to erect within ye said Countyes such see many
Baronyes and Manors
with their necessary
Courts, jurisdiccons freedomes and priviledges as to them shall seeme convenient,
as alsoe to device ye
sd Countyes into Hundreds Parishes Tribes or such other denizens and districEons
as they shall thinke
flit and the said Divisions to distinguish by what names we shall order
or direct, and
in default thereof by
such names as they please As also within any part of ye said Countyes to
create and
appoint such and soe
many harbours Creekes and other places for ye convenient ladeing and unfading
of
goods and merchandise
out of shipps, boates and other vessells as they shall see expedient with
such
jurisdiccons priveledges
and
francheses to such ports &c belonging as they shall judge most convenient
to the genl good of ye
said plantacon or Countyes.
6. Item by these enacting to be confirmed as aforesd to erect rayse and
build within the sd
Countyes or any part
thereof such and soe many Forts Fortresses Castles Cittyes Corporacons
Borroughs Townes Villages
and other places of strenkt and defence and them or any of them to
incorporate with such
Charters and priveledges as to them shall seeme good and our Charter will
permit
and the same or any of
them to fortifie and furnish with such Proportions of ordinance powder
shots
Armor and all other Weapons
Ammunition and Habillaments of warr both offensive and defensive as
shalbe thought necessary
and convenient for the safety and welfare of ye sd Countyes, but they may
not
at any time demolish
dismantle or disfurnish the same without the consent of the Governor and
the
Major parte of the Councill
of the County where such Forts Fortresses &c. shalbe erected and built.
7. Item by act as aforesd to constitute trayne bands and Companys with
the number of souldiers for
the safety strength and
defence of the said Countyes and Province and of the Forts Castles Cityes
&c to
suppress all meutinyes
and Rebellions. To make warr offensive and defensive with all Indians Strangers
and Foraigners as they
shall see cause and to persue any Enemy by sea as well as by land if need
be out
of ye Lymitts and Jurisdiccons
of ye sd County with the perticculer consent of the Governor and under
the Conduct of our Leut:
Gen: or Commander in Cheife or whome he shall appoint.
8. Item by act as aforesd to give unto all strangers as to them shall seeme
meete a Naturalizion and
all such freedomes and
priveledges within the sd Countyes as to his Majties subjects doe of right
belong
they swearing or subscribing
as aforesd web said strangers soe naturallized and priveledged shall alsoe
have the same Imumtyes
from Customes as is granted by the Kinge to us and by us to ye said Countyes
and shall not be lyable
to any other Customes then the rest of his Majties subjects in the sd Counties
are
but be in all respects
accompted in the Province and Countyes aforesaid as the King's naturall
subjects.
9. Item by act as aforesd to prescribe ye quantities of land which shalbe
from time to time alotted
to eavery free or Sarvt
male or female and to make and ordaine Rules for the casting of Lotts for
Land
and [eying out of ye
same provided yt these doe not their said prescriptions exceed ye several!
proportions which are
hereby graunted by us to all persons arriveing in the said Countyes or
adventuring
theither;
10. Item the Genll Assembly by act as aforesd shall make provision for
the maintenance and
Support of the Governor
and for the defraying for all necessary Charges of the Government as alsoe
that
the Constables of the
respective Countves shall collect the halfe penny per acre payable to ye
Lords in
theire Countyes and pay
ye same to ye receavor yt ye Lords shall appoint to receave the same unless
ye
so Generall Assembly
shall prescribe some other way whereby the Lords may have their rents duely
collected wthout charge
or trouble to them.
11. Lastly to enact constitute and ordaine all such other Lawes actes and
constitutions as shall or
may be necessary for
the Rood prosperity and setlement of ye said Countyes excepting wt by these
pesents are excepted
and conformeing to Limitacons herein exprest,
The Governors are with the Councill before exprest:
1. Item to see that all Courts established by the Lawes of ye Genll Assembly
and all Ministers and
offices Civill or Military
doe and execute their severall dutyes and offices respectively according
to the
Lawes in force and to
punish them from swerveing from the Lawes or acting contrary to their trust
as
the nature of their offence
Hall require.
2. Item according to the constitutions of the Genll Assembly to nominate
and comissionate the
severall Judges, Members
and Officers of Courts wheither Majistraticall or Ministeriall and all
other
civill officers as Justices
Coroners &c the Comissions and powers and Privrledges to revoake at
pleasure provided that
they appoint none but such as are freeholders in the Countyes aforesd unless
the
Generall Assembly consent;
3. Item according to the constitutions of the Genll Assembly to appoint
Courts and officers in
Cases Cryminall and to
impower them to inflict penaltyes upon offenders against any of ye said
Lawes
in force in ye said Countyes
as ye said Lawes shall ordaine wheither by fine Imprisonment Banishmt
corporall punishmt or
to ye taking away of member of or Life itselfe if there be cause for it.
4. Item to place officers and soldiers for the safety strenkt and defence
of the Forts Castles
Cittyes &c according
ye number appointed by the Genll Assembly to nominate place and commissionate
all military officers
under ye dignity of ye Leut: Genll whoe is commissionated by us, over the
sevll
trayned bands and Companys
constituted by ye Genll Assembly as Collonels Capts: &c and theire
comissions to revoake
at pleasure, ye Leut: Gen: with the advise of his Councill unless some
present
danger will soe permit
him to advize to muster and trayne all ye soldiers wthin the said County
of
Countyes to presecute
warr persue an Enemy suppress rebelions and mewtinies as well by sea as
Land
and to exercise the whole
Millitia as fully as by our Letters patients from the hinge wee can impower
him or them to doe Provided
yt they appoint noe Military officers but wt are freeholders in the sd
Countyes unless ye Genll
Assembly shall consent.
5. Item where they see cause after condemnacon to reprieve untill the Case
may be presented with
a Coppy of ye whole tryall
proceedings and proofes to ye Lords who will accordingly Bather pardon
or
comand execution of ye
sentence on the offender offender who is in ye meane time to be kept in
safe
custody till the pleasure
of ye Lords be knowne.
6. Item in case of death or other removall of any of the representatives
within the yeare to issue
summons by writt to ye
respective division or divisions for which he or they were chosen comanding
the
freeholders of ye same
to chuse others in their steade;
7. Item to make warrants and to scale Grants of Land according to theis
our Concessions and the
prescriptions by ye advice
of ye Genll Assembly in such forme as shalbe at large set down in our
Instrucons to ye Governor
in his Comission and which are hereafter expressed.
S. Item to act and doe all other thing or things yt may conduce to ye safety
peace and well
Government of ye said
Countyes as they shall see fitt soe as they be not contrary to ye Lawes
of ye
Countyes aforesaid;
For the better security of the proprietves of all the Inhabitants.
1. Item they are not to impose nor suffer to be imposed any tax Custome
Subsidy Tallage
Assessment or any other
duty wtsoever upon any Culler or pretenee upon ye sd County or Countyes
and
the Inhabitants thereof
other then what shalbe imposed by ye Authority and Consent of ye Generall
Assembly and then only
in manner as aforesaid;
2. They are to take care ye land quietly held planted and possessed seaven
yeares after its bing first
duely surveyed by the
Surveyor Generall or his order shall not be subject to any review resurvey
or
alteration of bounds
on wt presence soever or by any of us or any officrs or Ministers under
us.
3. Item they are to be taken care yt noe man if his Catle straye range
or graze on any ground wthin
the sd Countyes not actually
appropryated or sett out to particular persons shalbe lyable to pay any
trespass for ye same
to us our heires &c Provided yt Custome of Comons be not thereby pretended
to;
nor any person kindred
from taking up and appropriating any Lands soe grazed upon and yt noe person
purposely doe suffer
his Catle to graze on such land.
4. It is our will and desire that ye Inhabitants of the said Countyes and
adventurers theither shall
enjoye all the same Immunityes
from Customes for exporting certine goods from these Realmes of
England &c theither
as ye Kinge bath been graciously pleased to graunt to us as alsoe for ye
Incorragement of the
Manufactrs of wine silke oyle ollives fruite almonds &c. menconed in
the Dattent
have priveledge for bringing
them Custome free into any of his Majties dominions for ye same time and
upon ye same tearmes
as we ourselves may by our Pattent.(2)
Source: Colonial Records of North Carolina.
Vol. I., pp. 79 86. (Raleigh, 1886)
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