Poisoning of Taylor.
Another Destroyer of them, is, the Art they have, and often practise, of poisoning one another; which is done by a large, white, spungy Root, that grows in the Fresh-Marshes, which is one of their Poisons; not but that they have many other Drugs, which they poison one another withal.
How the Indians war.
Lastly, the continual Wars these Savages maintain, one Nation against another, which sometimes hold for some Ages, killing and making Captives, till they become so weak thereby, that they are forced to make Peace for want of Recruits, to supply their Wars; and the Difference of Languages, that is found amongst these Heathens, seems altogether strange. For it often appears, that every dozen Miles, you meet with an Indian Town, that is quite different from the others you last parted withal; and what a little supplies this Defect is, that the most powerful Nation of these Savages scorns to treat or trade with any others (of fewer Numbers and less Power) in any other Tongue but their own, which serves for the Lingua of the Country, with which we travel and deal; as for Example, we see that the Tuskeruro's are most numerous in North-Carolina, therefore their Tongue is understood by some in every Town of all the Indians near us. And here I shall insert a small Dictionary of every Tongue, though not Alphabetically digested.
Indian Speech.
To repeat more of this Indian Jargon, would be to trouble the Reader; and as an Account how imperfect they are in their Moods and Tenses, has been given by several already, I shall only add, that their Languages or Tongues are so deficient, that you cannot suppose the Indians ever could express themselves in such a Flight of Stile, as Authors would have you believe. They are so far from it, that they are but just able to make one another understand readily what they talk about. As for the two Consonants `L' and `F', I never knew them in any Indian Speech I have met withal; yet I must tell you, that they have such a Way of abbreviating their Speech, when in their great Councils and Debates, that the young Men do not understand what they treat about, when they hear them argue. It is wonderful, what has occasion'd so many different Speeches as the Savages have.
Tartarian Hurds.
The three Nations I now mention'd, do not live above ten Leagues distant, and two of them, viz. the Tuskeruro's and the Woccon, are not two Leagues asunder; yet their Speech differs in every Word thereof, except one, which is Tsaure, Cockles, which is in both Tongues the same, and nothing else. Now this Difference of Speech causes Jealousies and Fears amongst them, which bring Wars, wherein they destroy one another; otherwise the Christians had not (in all Probability) settled America so easily, as they have done, had these Tribes of Savages united themselves into one People or general Interest, or were they so but every hundred Miles. In short, they are an odd sort of People under the Circumstances they are at present, and have some such uncouth Ways in their Management and Course of Living, that it seems a Miracle to us, how they bring about their Designs, as they do, when their Ways are commonly quite contrary to ours. I believe, they are (as to this Life) a very happy People; and were it not for the Feuds amongst themselves, they would enjoy the happiest State (in this World) of all Mankind. They met with Enemies when we came amongst them; for they are no nearer Christianity now, than they were at the first Discovery, to all Appearance.
Indians learn of the Europeans.
They have learnt several Vices of the Europeans, but not one Vertue, as I know of. Drunkenness was a Stranger, when we found them out, and Swearing their Speech cannot express; yet those that speak English, learn to swear the first thing they talk of. It's true, they have some Vertues and some Vices; but how the Christians can bring these People into the Bosom of the Church, is a Proposal that ought to be form'd and follow'd by the wisest Heads and best Christians. After I have given one Remark or two farther, of some of their strange Practices and Notions, I will give my Opinion, how I think, in probability, it may be (if possible) effected, and so shall conclude this Treatise of Carolina.
They are a very craving People, and if a Man give them any thing of a Present, they think it obliges him to give them another; and so on, till he has given them all he has; for they have no Bounds of Satisfaction in that way; and if they give you any thing, it is to receive twice the Value of it. They have no Consideration that you will want what you give them; for their way of Living is so contrary to ours, that neither we nor they can fathom one anothers Designs and Methods. They call Rum and Physick by one Name, which implies that Rum make People sick, as when they have taken any poisonous Plant; yet they cannot forbear Rum. They make Offerings of their First-Fruits, and the more serious sort of them throw into the Ashes, near the Fire, the first Bit or Spoonful of every Meal they sit down to, which, they say, is the same to them, as the pulling off our Hats, and talking, when we go to Victuals, is to us. They name the Months very agreeably, as one is the Herring-Month, another the Strawberry-Month, another the Mulberry-Month. Others name them by the Trees that blossom; especially, the Dogwood-Tree; or they say, we will return when Turkey-Cocks gobble, that is in March and April. The Age of the Moon they understand, but know no different Name for Sun and Moon. They can guess well at the time of the Day, by the Sun's Height. Their Age they number by Winters, and say, such a Man or Woman is so many Winters old. They have no Sabbath, or Day of Rest. Their Slaves are not over-burden'd with Work, and so not driven by Severity to seek for that Relief. Those that are acquainted with the English, and speak the Tongue, know when Sunday comes; besides, the Indians have a distinct Name for Christmas which they call Winnick Keshuse, or the Englishmans Gods Moon. There is one most abominable Custom amongst them, which they call Husquenawing their young Men; which I have not made any Mention of as yet, so will give you an Account of it here. You must know, that most commonly, once a Year, or, at farthest, once in two Years, these People take up so many of their young Men, as they think are able to undergo it, and husquenaugh them, which is to make them obedient and respective to their Superiors, and (as they say) is the same to them, as it is to us to send our Children to School, to be taught good Breeding and Letters. This House of Correction is a large strong Cabin, made on purpose for the Reception of the young Men and Boys, that have not passed this Graduation already; and it is always at Christmas that they husquenaugh their Youth, which is by bringing them into this House, and keeping them dark all the time, where they more than half-starve them. Besides, they give them Pellitory-Bark, and several intoxicating Plants, that make them go raving mad as ever were any People in the World; and you may hear them make the most dismal and hellish Cries, and Howlings, that ever humane Creatures express'd; all which continues about five or six Weeks, and the little Meat they eat, is the nastiest, loathsome stuff, and mixt with all manner of Filth it's possible to get. After the Time is expired, they are brought out of the Cabin, which never is in the Town, but always a distance off, and guarded by a Jaylor or two, who watch by Turns. Now, when they first come out, they are as poor as ever any Creatures were; for you must know several die under this diabolical Purgation. Moreover, they either really are, or pretend to be dumb, and do not speak for several Days; I think, twenty or thirty; and look so gastly, and are so chang'd, that it's next to an Impossibility to know them again, although you was never so well acquainted with them before. I would fain have gone into the mad House, and have seen them in their time of Purgatory, but the King would not suffer it, because, he told me, they would do me, or any other white Man, an Injury, that ventured in amongst them; so I desisted. They play this Prank with Girls as well as Boys, and I believe it a miserable Life they endure, because I have known several of them run away, at that time, to avoid it. Now, the Savages say, if it was not for this, they could never keep their Youth in Subjection, besides that it hardens them ever after to the Fatigues of War, Hunting, and all manner of Hardship, which their way of living exposes them to. Besides, they add, that it carries off those infirm weak Bodies, that would have been only a Burden and Disgrace to their Nation, and saves the Victuals and Cloathing for better People, that would have been expended on such useless Creatures. These Savages are described in their proper Colours, but by a very few; for those that generally write Histories of this new World, are such as Interest, Preferment, and Merchandize, drew thither, and know no more of that People than I do of the Laplanders, which is only by Hear-say. And if we will make just Remarks, how near such Relations generally approach Truth and Nicety, we shall find very few of them worthy of Entertainment; and as for the other part of the Volume, it is generally stufft with Invectives against the Government they lived under, on which Stage is commonly acted greater Barbarities, in Murdering worthy Mens Reputations, than all the Savages in the new World are capable of equalizing, or so much as imitating.
And since I hinted at a Regulation of the Savages, and to propose a way to convert them to Christianity, I will first particularize the several Nations of Indians that are our Neighbours, and then proceed to what I promis'd.
Tuskeruro Indians are fifteen Towns, viz. Haruta, Waqui, Contah-nah, Anna Ooka, Conauh-Kare Harooka, Una Nauhan, Kentanuska, Chunaneets, Kenta, Eno, Naur-hegh-ne, Oonossoora, Tosneoc, Nonawharitse, Nursoorooka; Fighting Men 1200. Waccon, Towns 2, Yupwauremau, Tooptatmeer, Fighting Men 120. Machapunga, Town 1, Maramiskeet, Fighting Men 30. Bear River, Town 1, Raudauqua-quank, Fighting Men 50. Maherring Indians, Town 1, Maherring River, Fighting Men 50. Chuwon Indians, Town 1, Bennets Creek, Fighting Men 15. Paspatank Indians, Town 1, Paspatank River, Fighting Men 10. Poteskeit, Town 1, North River, Fighting Men 30. Nottaway Indians, Town 1, Winoack Creek, Fighting Men 30. Hatteras Town 1, Sand Banks, Fighting Men 16. Connamox Indians, Towns 2, Coranine, Raruta, Fighting Men 25. Neus Indians, Towns 2, Chattooka, Rouconk, Fighting Men 15. Pampticough Indians, Town 1, Island, Fighting Men 15. Jaupim Indians, 6 People. These five Nations of the Totero's, Sapona's, Keiauwee's, Aconechos, and Schoccories, are lately come amongst us, and may contain, in all, about 750 Men, Women and Children. Total 4780.
Now, there appears to be one thousand six hundred and twelve Fighting Men, of our Neighbouring Indians; and probably, there are three Fifths of Women and Children, not including Old Men, which amounts to four thousand and thirty Savages, besides the five Nations lately come. Now, as I before hinted, we will see what grounds there are to make these People serviceable to us, and better themselves thereby.
On a fair Scheme, we must first allow these Savages what really belongs to them, that is, what good Qualities, and natural Endowments, they possess, whereby they being in their proper Colours, the Event may be better guess'd at, and fathom'd.
First, they are as apt to learn any Handicraft, as any People that the World affords; I will except none; as is seen by their Canoes and Stauking Heads, which they make of themselves; but to my purpose, the Indian Slaves in South Carolina, and elsewhere, make my Argument good.
Secondly, we have no disciplin'd Men in Europe, but what have, at one time or other, been branded with Mutining, and Murmuring against their Chiefs. These Savages are never found guilty of that great Crime in a Soldier; I challenge all Mankind to tell me of one Instance of it; besides, they never prove Traitors to their Native Country, but rather chuse Death than partake and side with the Enemy.
They naturally possess the Righteous Man's Gift; they are Patient under all Afflictions, and have a great many other Natural Vertues, which I have slightly touch'd throughout the Account of these Savages.
They are really better to us, than we are to them; they always give us Victuals at their Quarters, and take care we are arm'd against Hunger and Thirst: We do not so by them (generally speaking) but let them walk by our Doors Hungry, and do not often relieve them. We look upon them with Scorn and Disdain, and think them little better than Beasts in Humane Shape, though if well examined, we shall find that, for all our Religion and Education, we possess more Moral Deformities, and Evils than these Savages do, or are acquainted withal.
We reckon them Slaves in Comparison to us, and Intruders, as oft as they enter our Houses, or hunt near our Dwellings. But if we will admit Reason to be our Guide, she will inform us, that these Indians are the freest People in the World, and so far from being Intruders upon us, that we have abandon'd our own Native Soil, to drive them out, and possess theirs; neither have we any true Balance, in Judging of these poor Heathens, because we neither give Allowance for their Natural Disposition, nor the Sylvian Education, and strange Customs, (uncouth to us) they lie under and have ever been train'd up to; these are false Measures for Christians to take, and indeed no Man can be reckon'd a Moralist only, who will not make choice and use, of better Rules to walk and act by: We trade with them, it's true, but to what End? Not to shew them the Steps of Vertue, and the Golden Rule, to do as we would be done by. No, we have furnished them with the Vice of Drunkenness, which is the open Road to all others, and daily cheat them in every thing we sell, and esteem it a Gift of Christianity, not to sell to them so cheap as we do to the Christians, as we call our selves. Pray let me know where is there to be found one Sacred Command or Precept of our Master, that counsels us to such Behaviour? Besides, I believe it will not appear, but that all the Wars, which we have had with the Savages, were occasion'd by the unjust Dealings of the Christians towards them. I can name more than a few, which my own Enquiry has given me a right Understanding of, and I am afraid the remainder (if they come to the test) will prove themselves Birds of the same Feather.
Indians Aversion to Christianity.
As we are in Christian Duty bound, so we must act and behave ourselves to these Savages, if we either intend to be serviceable in converting them to the Knowledge of the Gospel, or discharge the Duty which every Man, within the Pale of the Christian Church, is bound to do. Upon this Score, we ought to shew a Tenderness for these Heathens under the weight of Infidelity; let us cherish their good Deeds, and, with Mildness and Clemency, make them sensible and forwarn them of their ill ones; let our Dealings be just to them in every Respect, and shew no ill Example, whereby they may think we advise them to practise that which we will not be conformable to ourselves: Let them have cheap Penniworths (without Guile in our Trading with them) and learn them the Mysteries of our Handicrafts, as well as our Religion, otherwise we deal unjustly by them. But it is highly necessary to be brought in Practice, which is, to give Encouragement to the ordinary People, and those of a lower Rank, that they might marry with these Indians, and come into Plantations, and Houses, where so many Acres of Land and some Gratuity of Money, (out of a publick Stock) are given to the new-married Couple; and that the Indians might have Encouragement to send their Children Apprentices to proper Masters, that would be kind to them, and make them Masters of a Trade, whereby they would be drawn to live amongst us, and become Members of the same Ecclesiastical and Civil Government we are under; then we should have great Advantages to make daily Conversions amongst them, when they saw that we were kind and just to them in all our Dealings. Moreover, by the Indians Marrying with the Christians, and coming into Plantations with their English Husbands, or Wives, they would become Christians, and their Idolatry would be quite forgotten, and, in all probability, a better Worship come in its Stead; for were the Jews engrafted thus, and alienated from the Worship and Conversation of Jews, their Abominations would vanish, and be no more.
Thus we should be let into a better Understanding of the Indian Tongue, by our new Converts; and the whole Body of these People would arrive to the Knowledge of our Religion and Customs, and become as one People with us. By this Method also, we should have a true Knowledge of all the Indians Skill in Medicine and Surgery; they would inform us of the Situation of our Rivers, Lakes, and Tracts of Land in the Lords Dominions, where by their Assistance, greater Discoveries may be made than has been hitherto found out, and by their Accompanying us in our Expeditions, we might civilize a great many other Nations of the Savages, and daily add to our Strength in Trade, and Interest; so that we might be sufficiently enabled to conquer, or maintain our Ground, against all the Enemies to the Crown of England in America, both Christian and Savage.
What Children we have of theirs, to learn Trades, &c. ought to be put into those Hands that are Men of the best Lives and Characters, and that are not only strict Observers of their Religion, but also of a mild, winning and sweet Disposition, that these Indian Parents may often go and see how well their Children are dealt with, which would much win them to our Ways of Living, Mildness being a Vertue the Indians are in love withal, for they do not practise beating and correcting their Children, as we do. A general Complaint is, that it seems impossible to convert these People to Christianity, as, at first sight, it does; and as for those in New Spain, they have the Prayer of that Church in Latin by Rote, and know the external Behaviour at Mass and Sermons; yet scarce any of them are steady and abide with constancy in good Works, and the Duties of the Christian Church. We find that the Fuentes and several other of the noted Indian Families about Mexico, and in other parts of New Spain, had given several large Gifts to the Altar, and outwardly seem'd fond of their new Religion; yet those that were the greatest Zealots outwards, on a strict Enquiry, were found guilty of Idolatry and Witchcraft; and this seems to proceed from their Cohabiting, which, as I have noted before, gives Opportunities of Cabals to recal their ancient pristine Infidelity and Superstitions. They never argue against our Religion, but with all imaginable Indifference own, that it is most proper for us that have been brought up in it.
In my opinion, it's better for Christians of a mean Fortune to marry with the Civiliz'd Indians, than to suffer the Hardships of four or five years Servitude, in which they meet with Sickness and Seasonings amidst a Crowd of other Afflictions, which the Tyranny of a bad Master lays upon such poor Souls, all which those acquainted with our Tobacco Plantations are not Strangers to.
This seems to be a more reasonable Method of converting the Indians, than to set up our Christian Banner in a Field of Blood, as the Spaniards have done in New Spain, and baptize one hundred with the Sword for one at the Font. Whilst we make way for a Christian Colony through a Field of Blood, and defraud, and make away with those that one day may be wanted in this World, and in the next appear against us, we make way for a more potent Christian Enemy to invade us hereafter, of which we may repent, when too late.
Charles II. by the Grace of God, &c. Whereas by Our Letters Patents, bearing Date the Four and Twentieth Day of March, in the Fifteenth Year of Our Reign, We were Graciously Pleas'd to Grant unto Our right Trusty, and right Well-beloved Cousin and Counsellor Edward Earl of Clarendon, our High Chancellor of England, Our right Trusty, and right entirely Beloved Cousin and Counsellor, George Duke of Albemarle, Master of our Horse, Our right Trusty and Well Beloved William, now Earl of Craven, our right Trusty and well-beloved Counsellor, John Lord Berkeley, our right Trusty, and well-beloved Counsellor, Anthony Lord Ashley, Chancellor of our Exchequer, our right Trusty and Well-beloved Counsellor Sir George Carterett Knight and Baronet, Vice-Chamberlain of our Houshold, Our right Trusty and well-beloved, Sir John Colleton Knight and Baronet, and Sir William Berkeley Knight, all that Province, Territory, or Tract of Ground, called Carolina, situate, lying and being within our Dominions of America, Extending from the North End of the Island, called Luke Island, which lyeth in the Southern Virginia Seas, and within six and thirty Degrees of the Northern Latitude; and to the West, as far as the South Seas; and so respectively as far as the River of Mathias, which bordereth upon the Coast of Florida, and within One and Thirty Degrees of the Northern Latitude, and so West in a direct Line, as far as the South Seas aforesaid.
Now, know Ye, that We, at the Humble Request of the said Grandees in the aforesaid Letters Patents named, and as a farther Mark of Our especial Favour towards them, We are Graciously Pleased to Enlarge Our said Grant unto them, according to the Bounds and Limits hereafter Specifyed, and in Favour to the Pious and Noble Purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, all that Province, Territory, or Tract of Ground, situate, lying, and being within Our Dominions of America aforesaid, extending North and Westward, as far as the North End of Carahtuke River, or Gulet, upon a streight Westerly Line, to Wyonoake Creek, which lies within, or about the Degrees of Thirty Six, and Thirty Minutes Northern Latitude, and so West, in a direct Line, as far as the South Seas; and South and Westward, as far as the Degrees of Twenty Nine Inclusive Northern Latitude, and so West in a direct Line, as far as the South Seas; together with all and singular Ports, Harbours, Bays, Rivers and Islets, belonging unto the Province or Territory, aforesaid. And also, all the Soil, Lands, Fields, Woods, Mountains, Ferms, Lakes, Rivers, Bays and Islets, situate, or being within the Bounds, or Limits, last before mentioned; with the Fishing of all sorts of Fish, Whales, Sturgeons, and all other Royal Fishes in the Sea, Bays, Islets and Rivers, within the Premises, and the Fish therein taken; together with the Royalty of the Sea, upon the Coast within the Limits aforesaid. And moreover, all Veins, Mines and Quarries, as well discovered as not discover'd, of Gold, Silver, Gems and Precious Stones, and all other whatsoever; be it of Stones, Metal, or any other thing found, or to be found within the Province, Territory, Islets and Limits aforesaid.
And furthermore, the Patronage and Advowsons of all the Churches and Chappels, which as the Christian Religion shall encrease within the Province, Territory, Isles and Limits aforesaid, shall happen hereafter to be erected; together with Licence and Power to build and found Churches, Chappels and Oratories in convenient and fit places, within the said Bounds and Limits; and to cause them to be Dedicated and Consecrated, according to the Ecclesiastical Laws of Our Kingdom of England; together with all and singular, the like, and as ample Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities and Franchises, of what Kind soever, within the Territory, Isles, Islets and Limits aforesaid. To have, hold, use, exercise and enjoy the same, as amply, fully, and in as ample Manner, as any Bishop of Durham in Our Kingdom of England, ever heretofore had, held, used, or enjoyed, or of right ought, or could have, use, or enjoy; and them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns; We do by these Presents, for Us, Our Heirs and Successors, make, create and constitute the true and absolute Lords and Proprietors of the said Province, or Territory, and of all other the Premises, saving always the Faith, Allegiance and Sovereign Dominion due to Us, our Heirs and Successors, for the same; to have, hold, possess and enjoy the said Province, Territory, Islets, and all and singular, other the Premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, for Ever, to be holden of Us, Our Heirs and Successors, as of Our Mannor of East Greenwich, in Kent, in free and common Soccage, and not in Capite, or by Knights Service, yielding and paying yearly to Us, Our Heirs and Successors, for the same, the fourth Part of all Goods and Silver Oar, which within the Limits hereby Granted, shall from Time to Time, happen to be found, over and besides the Yearly Rent of Twenty Marks and the fourth part of the Gold and Silver Oar, in and by the said recited Letters Patents reserved and payable.
And that the Province, or Territory hereby granted and described, may be dignifyed with as large Titles and Privileges, as any other Parts of our Dominions and Territories in that Region; Know ye, That We, of our farther Grace, certain Knowledge and meer Motion, have thought fit to annex the same Tract of Ground and Territory, unto the same Province of Carolina; and out of the Fulness of our Royal Power and Prerogative, We do for Us, our Heirs and Successors, annex and unite the same to the said Province of Carolina. And forasmuch as We have made and ordained the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, the true Lords and Proprietors of all the Province or Territory aforesaid; Know ye therefore moreover, that We reposing especial Trust and Confidence in their Fidelity, Wisdom, Justice and provident Circumspection for Us, our Heirs and Successors, do grant full and absolute Power, by virtue of these Presents, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Catterett, Sir John Colleton, and Sir William Berkeley, and their Heirs and Assigns, for the good and happy Government of the said whole Province or Territory, full Power and Authority to erect, constitute, and make several Counties, Baronies, and Colonies, of and within the said Provinces, Territories, Lands and Hereditaments, in and by the said recited Letters Patents, and these Presents, granted, or mentioned to be granted, as aforesaid, with several and distinct Jurisdictions, Powers, Liberties and Privileges. And also, to ordain, make and enact, and under their Seals, to publish any Laws and Constitutions whatsoever, either appertaining to the publick State of the said whole Province or Territory, or of any distinct or particular County, Barony or Colony, of or within the same, or to the private Utility of particular Persons, according to their best Discretion, by and with the Advice, Assent and Approbation of the Freemen of the said Province or Territory, or of the Freemen of the County, Barony or Colony, for which such Law or Constitution shall be made, or the greatest Part of them, or of their Delegates or Deputies, whom for enacting of the said Laws, when, and as often as need shall require, We will that the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, and their Heirs or Assigns, shall from Time to Time, assemble in such Manner and Form as to them shall seem best: And the same Laws duly to execute upon all People within the said Province or Territory, County, Barony or Colony, and the Limits thereof, for the Time being, which shall be constituted under the Power and Government of them, or any of them, either sailing towards the said Province or Territory of Carolina, or returning from thence towards England, or any other of our, or foreign Dominions, by Imposition of Penalties, Imprisonment, or any other Punishment: Yea, if it shall be needful, and the Quality of the Offence require it, by taking away Member and Life, either by them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, and their Heirs, or by them or their Deputies, Lieutenants, Judges, Justices, Magistrates, or Officers whatsoever, as well within the said Province, as at Sea, in such Manner and Form, as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, and their Heirs, shall seem most convenient: Also, to remit, release, pardon and abolish, whether before Judgment or after, all Crimes and Offences whatsoever, against the said Laws; and to do all and every other Thing and Things, which unto the compleat Establishment of Justice, unto Courts, Sessions and Forms of Judicature, and Manners of proceedings therein, do belong, altho' in these Presents, express Mention is not made thereof; and by Judges, to him or them delegated to award, process, hold Please, and determine in all the said Courts and Places of Judicature, all Actions, Suits and Causes whatsoever, as well criminal as civil, real, mixt, personal, or of any other Kind or Nature whatsoever: Which Laws so as aforesaid, to be published, Our Pleasure is, and We do enjoyn, require and command, shall be absolutely firm and available in Law; and that all the Leige People of Us, our Heirs and Successors, within the said Province or Territory, do observe and keep the same inviolably in those Parts, so far as they concern them, under the Pains and Penalties therein expressed; or to be expressed; provided nevertheless, that the said Laws be consonant to Reason, and as near as may be conveniently, agreeable to the Laws and Customs of this our Realm of England.
And because such Assemblies of Free-holders cannot be so suddenly called, as there may be Occasion to require the same; We do therefore by these Presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, by themselves or their Magistrates in that Behalf, lawfully authorized, full Power and Authority from Time to Time, to make and ordain fit and wholsome Orders and Ordinances, within the Province or Territory aforesaid, or any County, Barony or Province, of or within the same, to be kept and observed, as well for the keeping of the Peace, as for the better Government of the People there abiding, and to publish the same to all to whom it may concern: Which Ordinances we do, by these Presents, streightly charge and command to be inviolably observed within the same Province, Counties, Territories, Baronies, and Provinces, under the Penalties therein expressed; so as such Ordinances be reasonable and not repugnant or contrary, but as near as may be agreeable to the Laws and Statutes of this our Kingdom of England; and so as the same Ordinances do not extend to the binding, charging or taking away of the Right or Interest of any Person or Persons, in their freehold Goods, or Chattels, whatsoever.
And to the end the said Province or Territory, may be the more happily encreased by the Multitude of People resorting thither, and may likewise be the more strongly defended from the Incursions of Savages and other Enemies, Pirates, and Robbers.
Therefore, We for Us, Our Heirs and Successors, do give and grant by these Presents, Power, License and Liberty unto all the Leige People of Us, our Heirs and Successors in our Kingdom of England, or elsewhere, within any other our Dominions, Islands, Colonies or Plantations; (excepting those who shall be especially forbidden) to transport themselves and Families into the said Province or Territory, with convenient Shipping, and fitting Provisions; and there to settle themselves, dwell and inhabit, any Law, Act, Statute, Ordinance, or other Thing to the contrary in any wise, notwithstanding.
And we will also, and of Our especial Grace, for Us, our Heirs and Successors, do streightly enjoyn, ordain, constitute and demand, That the said Province or Territory, shall be of our Allegiance; and that all and singular, the Subjects and Leige People of Us, our Heirs and Successors, transported, or to be transported into the said Province, and the Children of them, and such as shall descend from them, there born, or hereafter to be born, be, and shall be Denizens and Lieges of Us, our Heirs and Successors 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 Successors, born within this our said Kingdom, or any other of our Dominions; and may inherit, or otherwise purchase and receive, take, hold, buy and possess any Lands, Tenements or Hereditaments, within the said Places, and them may occupy, and enjoy, sell, alien and bequeath; as likewise, all Liberties, Franchises and Privileges of this our Kingdom, and of other our Dominions aforesaid, may freely and quietly have, possess and enjoy, as our Liege People born within the same, without the Molestation, Vexation, Trouble or Grievance of Us, Our Heirs and Successors, any Act, Statute, Ordinance, or Provision to the contrary, notwithstanding.
And furthermore, That Our Subjects of this Our said Kingdom of England, and other our Dominions, may be the rather encouraged to undertake this Expedition, with ready and chearful Minds; Know Ye, That We, of Our especial Grace, certain Knowledge and meer Motion, do give and grant, by virtue of these Presents, as well to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, and their Heirs, as unto all others as shall, from time to time, repair unto the said Province or Territory, with a Purpose to inhabit there, or to trade with the Natives thereof; Full Liberty and License to lade and freight in every Port whatsoever, of Us, our Heirs and Successors; and into the said Province of Carolina, by them, their Servants and Assigns, to transport all and singular, their Goods, Wares and Merchandizes; as likewise, all sort of Grain whatsoever, and any other Thing whatsoever, necessary for their Food and Cloathing, not prohibited by the Laws and Statutes of our Kingdom and Dominions, to be carried out of the same, without any Lett or Molestation of Us, our Heirs and Successors, or of any other our Officers or Ministers whatsoever; saving also to Us, our Heirs and Successors, the Customs, and other Duties and Payments due for the said Wares and Merchandizes, according to the several Rates of the Place from whence the same shall be transported.
We will also, and by these Presents, for Us, our Heirs and Successors, do give and grant License by this our Charter, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, and to all the Inhabitants and Dwellers in the Province or Territory aforesaid, both present and to come, full Power and Authority to import or unlade by themselves, or their Servants, Factors or Assigns, all Merchandizes and Goods whatsoever, that shall arise of the Fruits and Commodities of the said Province or Territory, either by Land or Sea, into any the Ports of Us, our Heirs and Successors, in our Kingdom of Engl. Scotl. or Ireland, or otherwise, to dispose of the said Goods, in the said Ports. And if need be, within one year next after the unlading, to lade the said Merchandizes and Goods again in the same, or other Ships; and to export the same into any other Countries, either of our Dominions or foreign, being in Amity with Us, our Heirs and Successors, so as they pay such Customs, Subsidies and other Duties for the same to Us, our Heirs and Successors, as the rest of our Subjects of this our Kingdom, for the Time being, shall be bound to pay. Beyond which We will not that the Inhabitants of the said Province or Territory, shall be any ways charged. Provided, nevertheless, and our Will and Pleasure is, and we have further, for the Considerations aforesaid, of our special Grace, certain Knowledge and meer Motion, given and granted, and by these Presents, for Us, our Heirs and Successors, do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and free License, Liberty, Power and Authority, at any Time or Times, from and after the Feast of St. Michael the Arch-Angel, which shall be in the Year of our Lord Christ, One Thousand, Six Hundred, Sixty and Seven; as well to import and bring into any our Dominions from the said Province of Carolina, or any Part thereof, the several Goods and Commodities herein after mentioned; That is to say, Silks, Wines, Currants, Raisons, Capers, Wax, Almonds, Oil and Olives, without paying or answering to Us, our Heirs and Successors, any Custom, Impost, or other Duty, for, or in respect thereof, for and during the Time and Space of Seven Years to commence and be accompted from and after the first Importation of Four Tons of any the said Goods, in any one Bottom Ship or Vessel, from the said Province or Territory, into any of our Dominions; as also, to export and carry out of any of our Dominions into the said Province or Territory, Custom-free, all sorts of Tools, which shall be useful or necessary for the Planters there, in the Accommodation and Improvement of the Premises, any thing before in these Presents contained, or any Law, Act, Statute, Prohibition, or other Matter or Thing, heretofore had, made, enacted or provided, or hereafter to be had, made, enacted or provided, in any wise notwithstanding.
And furthermore, of our more ample and especial Grace, certain Knowledge and meer Motion, We do for Us, our Heirs and Successors, grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and absolute Power and Authority to make, erect and constitute within the said Province or Territory, and the Isles and Islets aforesaid, such and so many Sea-Ports, Harbours, Creeks and other Places for discharge and unlading of Goods and Merchandizes out of Ships, Boats, and other Vessels, and for lading of them in such and so many Places, as with such Jurisdictions, Privileges and Franchises, unto the said Ports belonging, as to them shall seem most expedient; And that all and singular, the Ships, Boats and other Vessels, which shall come for Merchandizes, and trade into the said Province or Territory, or shall depart out of the same, shall be laden and unladen at such Ports only, as shall be erected and constituted by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, and not elsewhere, any Use, Custom, or any thing to the contrary in any wise notwithstanding.
And we do furthermore will, appoint and ordain, and by these Presents, for Us, our Heirs and Successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, That they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, may from Time to Time, for ever, have and enjoy the Customs and Subsidies in the Ports, Harbours, Creeks and other Places, within the Province aforesaid, payable for the Goods, Merchandizes and Wares there laded, or to be laded or unladed, the said Customs to be reasonably assessed upon any Occasion by themselves, and by and with the Consent of the free People, or the greater Part of them, as aforesaid; to whom We give Power by these Presents, for Us, our Heirs and Successors, upon just Cause and in a due Proportion to assess and impose the same.
And further, of our especial Grace, certain Knowledge and meer Motion, we have given, granted and confirmed, and by these Presents, for Us, our Heirs and Successors, do give, grant and confirm unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and absolute Power, License and Authority, that they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, from Time to Time, hereafter for ever, at his and their Will and Pleasure, may assign, alien, grant, demise or enfeoff the Premises or any Part or Parcel thereof to him or them, that shall be willing to purchase the same; and to such Person and Persons, as they shall think fit, to have, and to hold to them the said Person or Persons, their Heirs and Assigns, in Fee simple or in Fee Tayle, or for the Term of Life or Lives, or Years to be held of them, the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, by such Rents, Services and Customs, as shall seem fit to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and William Berkeley, their Heirs and Assigns, and not of Us, our Heirs and Successors: And to the same Person and Persons, and to all and every of them, We do give and grant by these Presents, for Us, our Heirs and Successors, License, Authority and Power, that such Person or Persons, may have and take the Premises, or any Parcel thereof, of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, and the same to hold to themselves, their Heirs or Assigns, in what Estate of Inheritance soever, in Fee simple, or in Fee Tayle, or otherwise, as to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, shall seem expedient; The Statute in the Parliament of Edward, Son of King Henry, heretofore King of England, our Predecessor, commonly called, The Statute of Quia Emptores Terrar; or any other Statute, Act, Ordinance, Use, Law, Custom, any other Matter, Cause or Thing heretofore published or provided to the contrary, in any wise notwithstanding.
And because many Persons born and inhabiting in the said Province for their Deserts and Services may expect, and be capable of Marks of Honour and Favour, which, in respect of the great Distance cannot conveniently be conferred by Us; our Will and Pleasure therefore is, and We do by these Presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full Power and Authority to give and confer unto, and upon such of the Inhabitants of the said Province, or Territory, as they shall think, do, or shall merit the same, such Marks of Favour, and Titles of Honour, as they shall think fit, so as their Titles of Honours be not the same as are enjoyed by, or conferred upon any of the Subjects of this Our Kingdom of England.
And further also, We do by these Presents, for Us, Our Heirs and Successors, give and Grant, License to them the Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, full Power, Liberty and License, to Erect, Raise and Build within the said Province and Places aforesaid, or any Part or Parts thereof, such and so many Forts, Fortresses, Castles, Cities, Boroughs, Towns, Villages and other Fortifications whatsoever; and the same or any of them to Fortify and Furnish with Ordnance, Powder, Shot, Armour and all other Weapons, Ammunition and Habiliments of War, both Defensive and Offensive, as shall be thought fit and convenient for the Safety and Welfare of the said Province, and Places, or any Part thereof; and the same, or any of them, from Time to Time, as Occasion shall require, to Dismantle, Disfurnish, Demolish and Pull down; And also to Place, Constitute and Appoint in, or over all, or any of the said Castles, Forts, Fortifications, Cities, Towns and Places aforesaid, Governours, Deputy Governours, Magistrates, Sheriffs and other Officers, Civil and Military, as to them shall seem meet; and to the said Cities, Boroughs, Towns, Villages, or any other Place or Places, within the said Province or Territory, to Grant Letters or Charters of Incorporation, with all Liberties, Franchises and Privileges requisite, or usual, to, or within this our Kingdom of England granted, or belonging; And in the same Cities, Boroughs, Towns and other Places, to Constitute, Erect and Appoint such, and so many Markets, Marts and Fairs as shall in that Behalf be thought fit and necessary; And further also, to Erect and Make in the Province or Territory aforesaid, or any Part thereof, so many Mannors with such Signories as to them shall seem meet and convenient, and in every of the same Mannors to have and to hold a Court-Baron, with all Things whatsoever, which to a Court-Baron do belong, and to have and to hold Views of Frank Pledge, and Court-Leet, for the Conservation of the Peace, and better Government of those Parts, with such Limits, Jurisdiction and Precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, or their Heirs, shall be appointed for that purpose, with all things whatsoever, which to a Court-Leet, or view of Franck Pledge, do belong; the same Courts to be holden by Stewards, to be Deputed and Authorized by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, or their Heirs, by the Lords of the Mannors and Leets, for the Time being, when the same shall be Erected.
And because that in so remote a Country, and Situate among so many Barbarous Nations, the Invasions as well of Savages as other Enemies, Pirates, and Robbers may probably be feared; Therefore We have Given, and for Us, Our Heirs and Successors do give Power by these Presents, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs or Assigns by themselves, or their Captains, or their Officers to Levy, Muster and Train up all sorts of Men, of what Condition soever, or wheresoever Born, whether in the said Province, or elsewhere, for the Time being; and to make War and pursue the Enemies aforesaid, as well by Sea, as by Land; yea, even without the Limits of the said Province, and by God's Assistance, to Vanquish and Take them, and being Taken, to put them to Death by the Law of War, and to save them at their Pleasure; And to do all and every other thing, which to the Charge and Office of a Captain General of an Army belongeth, or hath accustomed to belong, as fully and freely as any Captain General of an Army hath had the same.
Also, Our Will and Pleasure is, and by this Our Charter, We do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full Power, Liberty and Authority, in Case of Rebellion, Tumult, or Sedition (if any should happen, which God forbid) either upon the Land within the Province aforesaid, or upon the main Sea, in making a Voyage thither, or returning from thence, by him and themselves, their Captains, Deputies or Officers, to be authorized under his or their Seals, for that purpose: To whom also for Us, our Heirs and Successors, We do give and grant by these Presents, full Power and Authority to exercise Martial Law against mutinous and seditious Persons of those Parts; such as shall refuse to submit themselves to their Government, or shall refuse to serve in the Wars, or shall fly to the Enemy, or forsake their Colours or Ensigns, or be Loiterers or Stragglers, or otherwise howsoever offending against Law, Custom, or Military Discipline, as freely, and in as ample Manner and Form as any Captain General of an Army, by virtue of his Office, might, or hath accustomed to use the same.
And Our further Pleasure is, and by these Presents, for Us, our Heirs and Successors, We do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, and to the Tenants and Inhabitants of the said Province, or Territory, both present and to come, and to every of them, that the said Province, or Territory, and the Tenants and Inhabitants thereof, shall not from henceforth, be held or reputed any Member, or Part of any Colony whatsoever, in America or elsewhere, now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to their Government in any Thing, but be absolutely separated and divided from the same: And our Pleasure is, by these Presents, That they may be separated, and that they be subject immediately to our Crown of England, as depending thereof for ever. And that the Inhabitants of the said Province or Territory, or any of them, shall at any Time hereafter, be compelled or compellible, or be any ways subject, or liable to appear or answer to any Matter, Suit, Cause, or Plaint whatsoever, out of the Province or Territory aforesaid, in any other of our Islands, Colonies or Dominions in America, or elsewhere, other than in our Realm of England and Dominion of Wales.
And because it may happen, That some of the People and Inhabitants of the said Province, cannot in their private Opinions conform to the Publick Exercise of Religion according to the Liturgy, Forms and Ceremonies of the Church of England, or take or subscribe the Oaths and Articles made and established in that Behalf: And for that the same, by reason of the remote Distances of those Places, will, as we hope, be no Breach of the Unity, and Conformity, Established in this Nation; Our Will and Pleasure therefore is, and We do by these Presents for Us, Our Heirs, and Successors, Give and Grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and free Licence, Liberty and Authority, by such Ways and Means as they shall think fit, To Give and Grant unto such Person and Persons, Inhabiting, and being within the said Province or Territory, hereby or by the said recited Letters Patents, mentioned to be granted as aforesaid, or any Part thereof, such Indulgencies and Dispensations, in that Behalf, for, and during such Time and Times, and with such Limitations and Restrictions, as they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs, or Assigns, shall in their Discretion think fit and reasonable. And that no Person or Persons, unto whom such Liberty shall be given, shall be any way molested, punished, disquieted, or called in question for any Differences in Opinion or Practice, in Matters of Religious Concernment, who do not actually disturb the civil Peace of the Province, County or Colony, that they shall make their abode in. But all and every such Person and Persons, may from Time to Time, and at all Times, freely and quietly have and enjoy his and their Judgment and Consciences, in Matters of Religion, throughout all the said Province, or Colony, they behaving themselves peaceably, and not using this Liberty to Licentiousness, nor to the Civil Injury or outward Disturbance of others. Any Law, Statute or Clause contained, or to be contained, Usage or Customs of our Realm of England to the contrary hereof in any wise, notwithstanding.
And in Case it shall happen, that any Doubts or Questions should arise concerning the True Sense and Understanding of any Word, Clause, or Sentence, contained in this Our present Charter, We Will, Ordain, and Command, that at all Times, and in all Things, such Interpretations be made thereof, and allow'd in all and every of Our Courts whatsoever, as Lawfully may be Adjudged most Advantageous and Favourable to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, although Express Mention, &c.
Witness our Self at Westminster, the Thirtieth Day of June, in the Seventeenth Year of our Reign.