and to de

of them, to demolish or difmantle, as may be moft con-molish or

venient.

dismantle

tains and

them com

tial accord

And forafmuch as divers mutinies and diforders may hap- them. pen by perfons fhipped and employed at fea during the time of war; and to the end that fuch as fhall be shipped and employed at sea during time of war may be better governed and ordered, we do hereby give and grant unto you, the faid Powerto apSir Danvers Ofborn, full power and authority to conftitute point capand appoint captains, lieutenants, mafters of ships, and other other officommanders and officers, and to grant to fuch captains, cers of fhips, lieutenants, mafters of fhips, and other commanders and and to grant officers, commiffions to execute the law martial during milions to the time of war, according to the directions of two acts, execute the the one paffed in the thirteenth year of the reign of law marking Charles the Second, intituled, "An act for the efta- ing blifhing articles and orders for the regulating and better government ftat. 13 Car. of his Majefty's navies, fhips of war, and forces by fea ;" and II. and 18 the other paffed in the eighteenth year of our reign, intituled, "An act for the further regulating and better government of his Majefty's navies, hips of war, and forces by fea, and for regulating proceedings upon courts martial in the fea fervice;" and to ufe fuch proceedings, authorities, punishments, corrections, and executions upon any offender or offenders who fhall be mutinous, feditious, diforderly, or any way unruly, either at fea, or during the time of their abode and refidence in any of the ports, harbours, or bays of our faid province and territories, as the cafe fhall be found to require, according to the martial law and the faid directions during the time of war as aforefaid.

Geo. II.

mit offences

Provided that nothing herein contained shall be conftrued This shall to the enabling you, or any by your authority, to hold plea not affect any officers, or have any jurifdiction of any offences, caufe, matter, or &c. on thing, committed or done upon the high fea or within any board fhips of the havens, rivers, or creeks of our faid province and ter- commiffioned by ritories under your government, by any captain, commander, the admirallieutenant, mafter, officer, feaman, foldier, or other perfon ty, when whatsoever, who fhall be in our actual fervice and pay, in they com or on board any of our fhips of war, or other veffels, act- either on ing by immediate commiffion or warrant from our com- the high fea, miffioners for executing the office of our high admiral, or or in any river, creek, 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, mafter, officer, feaman, foldier, or other perfons fhall perfon fo offending fhall be left to be proceeded against and be tried for tried fences either

fuch of

fions under

the great

by commif

fion from

But for of

fhore, thofe

by commif- tried as their offences fhall require, either by commiffion under our great feal of Great-Britain as the ftatute of the feal of Great twenty-eighth of Henry the Eighth directs, or by commifBritain or fion from our faid commiffioners for executing the office of our high admiral, or from our high admiral of Great Britain the admi- for the time being, according to the afore-mentioned acts. ralty. Provided nevertheless, that all disorders and mifdemeanours fences com- committed on fhore by any captain, commander, lieutenant, mitted on mafter, officer, feaman, foldier, or other perfon whatfoever perfons fhall belonging to any of our fhips of war or other veffels, acting be tried and by immediate commiffion or warrant from our faid commifed ac- fioners for executing the office of our high admiral, or from the laws of our high admiral of Great Britain for the time being, under the place the feal of our admiralty, may be tried and punished accordwhere the ing to the laws of the place where any fuch diforder, offence, be commit- and mifdemeanour shall be committed on fhore, notwithstanding fuch offenders be in our actual fervice and borne in our pay on board any fuch our fhips of war, or other veffels acting by immediate commiffion or warrant from our faid commiffioners for executing the office of our high admiral, or from our high admiral of Great Britain for the time being, as aforefaid, fo as he fhall not receive any protection for the avoiding of juftice for fuch offences committed on fhore from any pretence of his being employed in our service at sea.

cording to

offence fhall

ted.

Power, with

of the coun

And our further will and pleafure is, that all public mothe confent nies raised or which fhall be raised by any act to be hereaf cil, to dif- ter made within our faid province and other the territories depofe of all pending thereon, be iffued out by warrant from you, by nies raifed and with the advice and confent of our council, and difpofed in the pro- of by you for the fupport of the government, and not vince for otherwise.

public mo

the fupport

of the go

Power, with the confent

lands.

And we do hereby likewife give and grant unto you full vernment. power and authority, by and with the advice and confent of our faid council, to fettle and agree with the inhabitants of of the coun- our province and territories aforefaid for such lands, tenecil, to grant ments, and hereditaments as now are, or hereafter fhall be, in our power to dispose of, and them to grant to any perfon or perfons upon fuch terms and under fuch moderate quitrents, fervices, and acknowledgments, to be thereupon referved unto us, as you, by and with the advice aforefaid, The grants shall think fit: which faid grants are to país and be fealed by to be under our feal of New York, and, being entered upon record by feal to be fuch officer or officers as are or shall be appointed thereunto, registered.

the public

fhall

fhall be good and effectual in law against us, our heirs, and fucceffors.

of the coun

cil, to ap

And we do hereby give you, the faid Sir Danvers Osborn, Power, with full power to order and appoint fairs, marts, and markets, as the confent alfo fuch and fo many ports, harbours, bays, havens, and other places for the convenience and fecurity of fhipping, point fairs, and for the better loading and unloading of goods, and mer- &c. chandizes, as by you, with the advice and confent of our faid council, fhall be thought fit and necessary.

be aiding

nour in the

the lieute

And we do hereby require and command all officers and All officers, minifters civil and military, and all other inhabitants of our &c. are to faid province and territories depending thereon, to be obe- and affifting dient, aiding, and affifting unto you, the faid Sir Danvers to the goverOfborn, in the execution of this our commiffion and the po- execution of wers and authorities herein contained; and in cafe of your this comdeath or abfence out of our faid province and territories de- miffion; to pending thereon, to be obedient, aiding and affifting unto nant-goverfuch person as fhall be appointed by us to be our lieutenant-nour or governour or commander in chief of our faid province; to commander whom we do therefore by thefe prefents give and grant all in chief for and fingular the powers and authorities herein granted, to be ing. by him executed and enjoyed during our pleafure or until your arrival within our faid province and territories.

and

in

the time be

abfence of

the gover

nant-governour in the

And if, upon your death or abfence out of our faid pro- In case of vince and territories depending thereon, there be no perfon the death or upon the place commiffionated or appointed by us to be our lieutenant-governour or commander in chief of our faid pro- nour, and vince, our will and pleature is, that the eldeft counfellor, if there be whofe name is firft placed in our faid inftructions to you, no lieutewho fhall at the time of your death or abfence be refiding within our faid province of New York, fhall take upon him province, the adminiftration of the government, and execute our faid commiflion and inftructions and the feveral powers and au- devolve upthorities therein contained, in the fame manner and to all on the eldeft intents and purposes as other our governour and commander in chief of our faid province fhould or ought to do in cafe of your abfence until your return, or in all cafes until our further pleasure be known therein.

the com

mand hall

counfellor.

and gov. in

And we do hereby declare, ordain, and appoint that you, This office the faid Sir Danvers Ofborn, fhall and may hold, execute, of capt. gen. and enjoy the office and place of our captain-general and go- chief of the vernour in chief in and over our province of New York and fd. province the territories depending thereon, together with all and fin- fhall be held during the gular King's plea

fura,

gen. and

and other

gular the powers and authorities hereby granted unto you, for and during our will and pleasure.

And whereas there are divers colonies adjoining to our province of New York, for the defence and fecurity whereof it is requifite that due care be taken in time of war; we have therefore thought it neceffary for our service, and for the better protection and fecurity of our fubjects inhabiting those Grant of the parts, to conftitute and appoint, and we do by these presents office of capt conftitute and appoint, you, the faid Sir Danvers Ofborn, commander to be our captain-general and commander in chief of the miin chief of litia and of all the forces by fea and land within our colony of the militia Connecticut, and of all our forts and places of ftrength withforces both in the fame; and for the better ordering, governing and ruling by fea and our faid militia and all our forces, forts, and places of ftrength land of the within our faid colony of Connecticut, we do hereby give and Connecti- grant unto you, the faid Sir Danvers Ofborn, and, in your abfence, 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, governing, and ordering our militia and all our forces, forts, and places of ftrength within our province of New York, to be exercised by you, the faid Sir Danvers Ofborn, and in your abfence from our territories and dominion of New York, by our commander in chief of our province of New York, within our faid colony of Connecticut, for and during our pleasure.

colony of

cut.

In witnefs whereof we have caufed thefe our letters to be made patent.

Witness ourself at Westminster the firft day of Auguft in the twenty-seventh year of our reign.

By writ of privy feal,

YORKE and YORKE.

The

The firft Charter, granted by King Charles II. to the Lords Proprietors of CAROLINA. *

HARLES the Second, by the grace of God king of England, Scotland, France and Ireland, Defender of the Faith, &c. To all to whom these presents fhall come, greeting.

of Claren

don, &c.

leave to

merica, not

yet cultivat

I. Whereas our right trufty and right well beloved coufins and counsellors, Edward earl of Clarendon, our high-chan- Edward earl cellor of England, and George duke of Albemarle, master of our horfe, and captain general of all our forces, our right having betrufty and well beloved William lord Craven, John lord fought the Berkley, our right trufty and well beloved councellor An- King for thony lord Ashley, chancellor of our Exchequer, Sir George make a coCarteret knight and baronet, vice-chamberlain of our houfe- lony in Ahold, and our trufty and well beloved Sir William Berkley knight, and Sir John Colleton knight and Baronet, being ed or plantexcited with laudable and pious zeal for the propagation of ed. the christian faith, and the enlargement of our empire and dominions, have humbly befought leave of us, by their induftry and charge, to tranfport and make an ample colony of our fubjects, natives of our kingdom of England, and elfewhere within our dominions, unto a certain country hereafter defcribed, in the parts of America, not yet cultivated or planted, and only inhabited by fome barbarous people who have no knowledge of Almighty God.

and con

II. And whereas the faid Edward earl of Clarendon, The King George duke of Albemarle, William lord Craven, John lord gives, grants Berkley, Anthony lord Afhley, Sir George Carteret, Sir firms unto William Berkley, Sir John Colleton, have humbly befought them all us to give, grant and confirm unto them and their heirs the

that territory in America,

bounded within 36

*This and the fucceeding charter are printed in this collection and 31 deof papers, in order to be preferved. But they are of no force, grees norhaving been furrendered to the King in the year 1729, and an act thern latiof Parliament paffed in the fame year, establishing the agreement tude, and of furrender; but referving to Lord Carteret, afterwards Earl the fouthGranville, his property, who did not chufe to join in the fur- feas. render.

faid

weft as far as