Charter of Georgia
GEORGE the second, by the grace of God, of Great
Britain, France and Ireland, king, defender of the faith, and so
forth. To all to whom these presents shall come, greeting.
Whereas we are credibly informed, that many of our
poor subjects are, through misfortunes and want of employment, reduced
to great necessity, insomuch as by their labor they are not able
to provide a maintenance for themselves and families; and if they
had means to defray their charges of passage, and other expences,
incident to new settlements, they would be glad to settle in any
of our provinces in America where by cultivating the lands, at present
waste and desolate, they might not only gain a comfortable subsistence
for themselves and families, but also strengthen our colonies and
increase the trade, navigation and wealth of these our realms. And
whereas our provinces in North America, have been frequently ravaged
by Indian enemies, more especially that of South-Carolina, which
in the late War, by the neighboring savages, was laid waste with
fire and sword and great numbers of English inhabitants, miserably
massacred, and our loving subjects who now inhabit them, by reason
of the smallness of their numbers, will in case of a new war, be
exposed to the late calamities; inasmuch as their whole southern
frontier continueth unsettled, and lieth open to the said savages.
And whereas we think it highly becoming our crown and royal dignity,
to protect all our loving subjects, be they ever so distant from
us; to extend our fatherly compassion even to the meanest and most
unfortunate of our people, and to relieve the wants of our above
mentioned poor subjects; and that it will be highly conducive for
accomplishing those ends, that a regular colony of the said poor
people be settled and established in the southern territories of
Carolina. And whereas we have been well assured, that if we will
be most graciously pleased to erect and settle a corporation, for
the receiving, managing and disposing of the contributions of our
loving subjects; divers persons would be induced to contribute to
the uses and purposes aforesaid-Know ye therefore, that we have,
for the considerations aforesaid, and for the better and more orderly
carrying on of the said good purposes; of our special grace, certain
knowledge and mere motion, willed, ordained, constituted and appointed,
and by these presents, for us, our heirs and successors, do will,
ordain, constitute, declare and grant, that our right trusty and
well beloved John, lord-viscount Purcival, of our kingdom of Ireland,
our trusty and well beloved Edward Digby, George Carpenter, James
Oglethorpe, George Heathcote, Thomas Tower, Robert Moore, Robert
Hucks, Roger Holland, William Sloper, Francis Eyles, John Laroche,
James Vernon, William Beletha, esquires, A. M. John Burton, B. D.
Richard Bundy, A. M. Arthur Bedford, A. M. Samuel Smith, A. M. Adam
Anderson and Thomas Corane, gentlemen; and such other persons as
shall be elected in the manner herein after mentioned, and their
successors to be elected in the manner herein after directed; be,
and shall be one body politic and corporate, in deed and in name,
by the name of the Trustees for establishing the colony of Georgia
in America; and them and their successors by the same name, we do,
by these presents, for us, our heirs and successors, really and
fully make, ordain, constitute and declare, to be one body politic
and corporate in deed and in name forever; and that by the same
name, they and their successors, shall and may have perpetual succession;
and that they and their successors by that name shall and may forever
hereafter, be persons able and capable in the law, to purchase,
have, take, receive and enjoy, to them and their successors, any
manors: messuages, lands, tenements, rents, advowsons, liberties,
privileges, Jurisdictions, franchises, and other hereditaments whatsoever,
lying and being in Great Britain, or any part thereof, of whatsoever
nature, kind or quality, or value they be, in fee and in perpetuity,
not exceeding the yearly value of one thousand pounds, beyond reprises;
also estates for lives, and for years, and all other manner of goods,
chattels and things whatsoever they be; for the better settling
and supporting, and maintaining the said colony, and other uses
aforesaid; and to give, grant, let and demise the said manors, messuages,
lands, tenements, hereditaments, goods, chattels and things whatsoever
aforesaid, by lease or leases, for term of years, in possession
at the time of granting thereof, and not in reversion, not exceeding
the term of thirty-one years, from the time of granting thereof;
on which in case no fine be taken, shall be reserved the full value,
and in case a fine be taken, shall be reserved at least a moiety
of the full value that the same shall reasonably and bona fide be
worth at the time of such demise; and that they and their successors,
by the name aforesaid, shall and may forever hereafter, be persons
able, capable in the law, to purchase, have, take, receive, and
enjoy, to them and their successors, any lands, territories, possessions,
tenements, jurisdictions, franchises and hereditaments whatsoever,
lying and being in America, of what quantity, quality or value whatsoever
they be, for the better settling and supporting and maintaining
the said colony; and that by the name aforesaid they shall and may
be able to sue and be sued, plead and be impleaded, answer and be
answered unto, defend and be defended, in all courts and places
whatsoever, and before whatsoever judges, justices, and other officers,
of us, our heirs and successors, in all and singular actions, plaints,
pleas, matters, suits and demands, of what kind, nature or quality
soever they be; and to act and to do, all matters and things in
as ample manner and form as any other our liege subjects of this
realm of Great Britain, and that they and their successors forever
hereafter, shall and may have a common seal, to serve for the causes
and business of them and their successors; and that it shall and
may be lawful for them and their successors, to change, break, alter
and make new the said seal, from time to time, and at their pleasure,
and as they hall think best.
And we do further grant, for us, our heirs and successors,
that the aid corporation, and the common council of the said corporation,
hereinafter by us appointed, may from time to time, and at all times,
meet about their affairs when and where they please, and transact
and carry on the business of the said corporation. And for the better
execution of the purposes aforesaid, we do, by these presents, for
us, our heirs and successors, give & grant to the said corporation,
and their successors, that they and their successors forever, may
upon the third Thursday in the month of March, yearly, meet at some
convenient place to be appointed by the said corporation, or major
part of them who shall be present at any meeting of the said corporation,
to be had for the appointing of the said place; and that they, or
two thirds of such of them, that shall be present at such yearly
meeting, and at no other meeting of the said corporation, between
the hours of ten in the morning and four in the afternoon of the
same day, choose and elect such person or persons to be members
of the said corporation, as they shall think beneficial to the good
designs of the said corporation. And our further will and pleasure
is, that if it shall happen that any person hereinafter by us appointed,
as the common council of the said corporation, or any persons to
be elected or admitted members of the said common council in the
manner hereafter directed, shall die, or shall by writing under
his and their hands respectively resign his or their office or offices
of common council man or common council men; the said corporation,
or the major part of such of them as shall be present, shall and
may at such meeting, on the said third Thursday in March yearly,
in manner as aforesaid, next after such death or resignation, and
at no other meeting of the said corporation, into the room or place
of such person or persons so dead or so resigning, elect and choose
one or more such person or persons, being members of the said corporation,
as to them shall seem meet; and our will is, that all and every
the person or persons which shall from time to time hereafter be
elected common council men of the said corporation as aforesaid,
do and shall, before he or they act as common men of the said corporation,
take an oath for the faithful and due execution of their office;
which oath the president of the said corporation for the time being,
is hereby authorized and required to administer to such person or
persons elected as aforesaid. And our will and pleasure is, that
the first president of the said corporation is and shall be our
trusty and well-beloved, the said Lord John Viscount Percival; and
that the said president shall, within thirty days after the passing
this charter, cause a summons to be issued to the several members
of the said corporation herein particularly named, to meet at such
time and place as he shall appoint, to consult about and transact
the business of said corporation. And our will and pleasure is,
and we, by these presents, for us, our heirs, and successors, grant,
ordain, and direct, that the common council of this corporation
shall consist of fifteen in number; and we do, by these presents,
nominate, constitute, and appoint our right - trusty and well-beloved
John Lord Viscount Percival, our trusty and beloved Edward Digby,
George Carpenter, James Oglethorpe, George Heathcote, Thomas Laroche,
James Vernon, William Beletha, esqrs., and Stephen Hales, Master
of Arts, to be the common council of the said corporation, to continue
in the said office during their good behavior. And whereas it is
our royal intention, that the members of the said corporation should
be increased by election, as soon as conveniently may be, to a greater
number than is hereby nominated; Our further will and pleasure is,
and we do hereby, for us, our heirs and successors, ordain and direct,
that from the time of such increase of the members of the said corporation,
the number of the said common council shall be increased to twenty-four;
and that the same assembly at which such additional members of the
said corporation shall be chosen, there shall likewise be elected
in the manner hereinbefore directed for the election of common council
men, nine persons to be the said common council men, and to make
up the number thereof twenty-four. And our further will and pleasure
is, that our trusty and well beloved Edward Digby, esquire, shall
be the first chairman of the common council of the said corporation;
and that the said lord viscount Purcival shall be, and continue,
president of the said corporation, and that the said Edward Digby
shall be and continue chairman of the common council of the said
corporation, respectively, until the meeting which shall be had
next and immediately after the first meeting of the said corporation,
or of the common council of the said corporation respectively, and
no longer; at which said second meeting, and every other subsequent
and future meeting of the said corporation or of the common council
of the said corporation respectivelv, in order to preserve an indifferent
rotation of the several offices, of president of the corporation,
and of chairman of the common council of the said corporation we
do direct and ordain that all and every the person and persons,
members of the said common council for the time being, and no other,
being present at such meetings, shall severally and respectively
in their turns, preside at the meetings which shall from time to
time be held of the said corporation, or of the common council of
the said corporation respectively: and in case any doubt or question
shall at any time arise touching or concerning the turn or right
of any member of the said common council to preside at any meeting
of the said corporation, or at the common council of the said corporation,
the same shall respectively be determined by the major part of the
said corporation, or of the common council of the said corporation
respectively, who shall be present at such meeting. Provided always,
that no member of the said common council having served in the offices
of president of the said corporation, or of chairman of the common
council of the said corporation, shall be capable of being, or of
serving as president or chairman at any meeting of the said corporation,
or common council of the said corporation next and immediately ensuing
that in which he so served as president of the said corporation
or chairman of the said common council of the said corporation respectively;
unless it shall so happen that at any such meeting of the said corporation,
there shall not be any other member of the said common council present.
And our will and pleasure is, that at all and every
of the meetings of the said corporation, or of the common council
of the said corporation, the president or chairman for the time
being, shall have a voice and shall vote, and shall act as a member
of the said corporation or of the common council of the said corporation,
at such meeting; and in case of any equality of votes, the said
president or chairman for the time being, shall have and exercise
a casting vote. And our further will and pleasure is, that no president
of the said corporation, or chairman of the common council of the
said corporation, or member of the said common council or corporation,
by us by these presents appointed, or hereafter from time to time
to be elected and appointed in Manner aforesaid, shall have, take,
or receive, directly or indirectly, any salary, fee, perquisite,
benefit or profit whatsoever, for or by reason of his or their serving
the said corporation, or common council of the said corporation,
or president, chairman or common councilman, or as being a member
of the said corporation. And our will and pleasure is, that the
said herein before appointed president, chairman or common council-men,
before he and they act respectively as such, shall severally take
an oath for the faithful and due execution of their trust, to be
administered to the president by the Chief Baron of our Court of
Exchequer, for the time being, and by the president of the said
corporation to the rest of the common council, who are hereby authorized
severally and respectively, to administer the same. And our will
and pleasure is, that all and every person and persons, shall have
in his or their own name or names, or in the name or names of any
person or persons in trust for him or them, or for his or their
benefit, any place, office or employment of profit, under the said
corporation, shall be incapable of being elected a member of the
said corporation; and if any member of the said corporation during
such time as he shall continue a member thereof, shall in his own
name or in the name of any person or persons, in trust for him or
for his benefit, have, hold or exercise, accept, possess or enjoy,
any office, place or employment of profit, under the said corporation,
or under the common council of the said corporation-such member
shall from the time of his having, holding, exercising, accepting
possessing and enjoying such office, place and employment of profit,
cease to be a member of the said corporation. And we do for us,
our heirs and successors, grant unto the said corporation, that
they and their successors or the major part of such of them as shall
be present at any meeting of the said corporation, convened and
assembled for that purpose by a convenient notice thereof, shall
have power from time to time, and at all times hereafter, to authorize
and appoint such persons as they shall think fit to take subscriptions,
and to gather and collect such moneys as shall be by any person
or persons contributed for the purposes aforesaid; and shall and
may revoke and make void such authorities and appointments, as often
as they shall see cause so to do.
And we do hereby for us, our heirs and successors,
ordain and direct, that the said corporation shall every year lay
an account in writing before the chancellor, or speaker, or commissioners,
for the custody of the great seal of Great-Britain, of us, our heirs
and successors the Chief Justice of the Court of King's Bench, the
Master of Rolls the Chief Justice of the Court of Common Pleas,
and the chief Baron of the Exchequer of us, our heirs and successors
for the time being, or any two of them; of all moneys and edects
by them received or expended, for the carrying on of the good purposes
aforesaid. And we do hereby, for us, our heirs and successors, give
and grant unto the said corporation, and their successors, full
power and authority to constitute, ordain and make, such and so
many by-laws, constitutions, orders and ordinances, as to them,
or the greater part of them, at their general meeting for that purpose,
shall seem necessary and convenient for the well ordaining and governing
of the said corporation; and the said by-laws, constitutions, orders
and ordinances, or any of them, to alter and annul, as they or the
major part of them then present shall see requisite and in and by
such by-laws, rules orders and ordinances, to sell, impose and inflict,
reasonable pains and penalties upon any offender or offenders, who
shall transgress, break or violate the said by-laws, constitutions,
orders and ordinances, so made as aforesaid, and to mitigate the
same as they or the major part of them then present shall find cause,
which said pains and penalties, shall and-may be levied, sued for,
taken, retained and recovered, by the said corporation and their
successors, by their officers and servants, from time to time, to
be appointed for that purpose, by action of debt, or by any other
lawful ways or means, to the use and behoof of the said corporation
and their successors, all and singular: which bylaws, constitutions,
orders and ordinances, so as aforesaid to be made, we will shall
be duly observed and kept, under the pains and penalties therein
to be contained, so always as the said by-laws, constitutions, orders,
and ordinances, pains and penalties, from time to time to be made
and imposed, be reasonable and not contrary or repugnant to the
laws or statutes of this our realm; and that such by-laws, constitutions
and ordinances, pains and penalties, from time to time to be made
and imposed; and any repeal or alteration thereof, or any of . them,
may be likewise agreed to be established and confirmed by the said
general meeting of the said corporation, to be held and kept next
after the same shall be respectively made. And whereas the said
corporation intend to settle a colony, and to make an habitation
and plantation in that part of our province of South-Carolina, in
America, herein after described.
Know ye, therefore that we greatly desiring the
happy success of the said corporation, for their further encouragement
in accomplishing so excellent a work have of our aforesaid grace,
certain knowledge and mere motion, given and granted by these presents,
for us, our heirs and successors, do give and grant to the said
corporation and their Successors under the reservation, limitation
and declaration, hereafter expressed, seven undivided parts. the
whole in eight equal parts to be divided, of all those lands, countrys
and territories, situate, lying and being in that part of South-Carolina,
in America, which lies from the most northern part of a stream or
river there, commonly called the Savannah, all along the sea coast
to the southward, unto the most southern stream of a certain other
great water or river called the Alatamaha, and westerly from the
heads of the said rivers respectively, in direct lines to the south
seas; and all that share, circuit and precinct of land, within the
said boundaries, with the islands on the sea, lying opposite to
the eastern coast of the said lands, within twenty leagues of the
same, which are not inhabited already, or settled by any authority
derived from the crown of Great-Britain together with all the soils,
grounds, havens, ports, gulfs and bays, mines, as well royal mines
of gold and silver, as other minerals, precious stones, quarries,
woods, rivers, waters, fishings, as well royal fishings of whale
and sturgeon as other fishings, pearls, commodities, jurisdictions,
royalties, franchises, privileges and pre-eminences within the said
frontiers and precincts thereof and thereunto, in any sort belonging
or appertaining, and which we by our letters patent may or can grant,
and in as ample manner and sort as we may or any of our royal progenitors
have hitherto granted to any company, body politic or corporate,
or to any adventurer or adventurers, undertaker or undertakers,
of any discoveries, plantations or traffic, of, in, or unto any
foreign parts whatsoever; and in as large and ample manner, as if
the same were herein particularly mentioned and expressed: to have,
hold, possess and enjoy, the said seven undivided parts, the whole
into eight equal parts, to be divided as aforesaid, of all and singular
the lands, countries and territories, with all and singular other
the premises herein before by these presents granted or mentioned,
or intended to be granted to them, the said corporation, and their
successors forever, for the better support of the said colony, to
be holden of us, our heirs and successors, as of our honour of Hampton-court,
in our county of Middlesex in free and common soccage, and not in
capite, yielding, and paying therefor to us, our heirs and successors
yearly forever, the sum of four shillings for every hundred acres
of the said lands, which the said corporation shall grant, demise,
plant or settle; the said payment not to commence or to be-made.
until ten years after such grant, demise, planting or settling;
and to be answered and paid to us, our heirs and successors, in
such manner and in such species of money or notes, as shall be current
in payment, by proclamation from time to time, in our said province
of South-Carolina. All which lands, countries, territories and premises,
hereby granted or mentioned, and intended to be granted, we do by
these presents, make, erect and create one independent and separate
province, by the name of Georgia, by which name we will, the same
henceforth be called. And that all and every person or persons,
who shall at any time hereafter inhabit or reside within our said
province, shall be, and are hereby declared to be free, and shall
not be subject to or be bound to obey any laws, orders, statutes
or constitutions, which have been heretofore made, ordered or enacted
by, for, or as, the laws, orders, statutes or constitutions of our
said province of South-Carolina, (save and except only the commander
in chief of the militia, of our said province of Georgia, to our
governor for the time being of South-Carolina, in manner hereafter
declared;) but shall be subject to, and bound to obey, such laws,
orders, statutes and constitutions as shall from time to time be
made, ordered and enacted, for the better government of the said
province of Georgia, in the manner hereinafter declared
And we do hereby, for our heirs and successors,
ordain, will and establish, that for and during the term of twenty-one
years, to commence from the date of these our letters patent, the
said corporation assembled for that purpose, shall and may form
and prepare, laws, statutes and ordinances, fit and necessary for
and concerning the government of the said colony, and not repugnant
to the laws and statutes of England; and the same shall and may
present under their common seal to us, our heirs and successors,
in our or their privy council for our or their approbation or disallowance:
and the said laws, statutes and ordinances, being approved of by
us, our heirs and successors, in our or their privy council, shall
from thence forth be in full force and virtue within our said province
of Georgia. And forasmuch as the good and prosperous success of
the said colony cannot but chiefly depend, next under the blessing
of God, and the support of our royal authority, upon the provident
and good direction of the whole enterprise, and that it will be
too great a burthen upon all the members of the said corporation
to be convened so often as may be requisite, to hold meetings for
the settling, supporting, ordering, and maintaining the said colony;
therefore we do will, ordain and establish, that the said common
council for the time being, of the said corporation, being assembled
for that purpose, or the major part of them, shall from time to
time, and at all times hereafter, have full power and authority
to dispose of, extend and apply all the monies and effects belonging
to the said corporation, in such manner and ways and by such expenses
as they shall think best to conduce to the carrying on and effecting
the good purposes herein mentioned and intended; and also shall
have full power in the name and on account of the said corporation,
and with and under their common seal, to enter under any covenants
or contracts, for carrying on and effecting the purposes aforesaid.
And our further will and pleasure is, that the said common council
for the time being, or the major part of such common council, which
shall be-present and assembled for that purpose, from time to time,
and at all times hereafter, shall and may nominate, constitute and
appoint a treasurer or treasurers, secretary or secretaries, and
such other officers, ministers and servants of the said corporation
as to them or the major part of them as shall be present, shall
seem proper or requisite for the good management of their affairs;
and at their will and pleasure to displace, remove and put out such
treasurer or treasurers, secretary or secretaries, and all such
other officers, ministers and servants, as often as they shall think
fit so to do; and others in the room, office, place or station of
him or them so displaced, remove or put out, to nominate, constitute
and appoint; and shall and may determine and appoint, such reasonable
salaries, perquisites and other rewards, for their labor, or service
of such officers, servants and persons as to the said common council
shall seem meet; and all such officers servants and persons shall,
before the acting of their respective take an oath to be to them
administered by the chairman for the time being of the said common
council of the said corporation, who is hereby authorized to administer
the same, for the faithful and due execution of their respective
offices and places.
And our will and pleasure is, that all and every
person and persons. who shall from time to time be chosen or appointed
treasurer or treasurers, secretary or secretaries of the said corporation,
in manner herein after directed, shall during such times as they
shall serve in the said offices respectively, be incapable of being
a member of the said corporation. And we do further of our special
grace, certain knowledge and mere motion, for us, our heirs and
successors, grant, by these presents, to the said corporation and
their successors, that it shall be lawful for them and their officers
or agents, at all times hereafter, to transport and convey out of
our realm of Great-Britain, or any other of our dominions, into
the said province of Georgia, to be there settled all such so many
of our loving subjects, or any foreigners that are willing to become
our subjects, and live under our allegiance, in the said colony,
as shall be willing to go to, inhabit, or reside there, with sufficient
shipping, armour, weapons, powder, shot, ordnance, munition, victuals,
merchandise and wares, as are esteemed by the wild people; dothing,
implements, furniture, cattle, horses, mares, and all other-things
necessary for the said colony, and for the use and defence and trade
with the people there, and in passing and returning to and from
the same. Also we do, for ourselves and successors, declare, by
these presents, that all and every the persons which shall happen
to be born within the said province, and every of their children
and posterity, shall have and enjoy all liberties, franchises and
immunities of free denizens and natural born subjects, within any
of our dominions, to all intents and purposes, as if abiding and
born within this our kingdom of Great-Britain, or any other of our
dominions And for the greater ease and encouragement of our loving
subjects and such others as shall come to inhabit in our said colony,
we do by these presents, for us, our heirs and successors, grant,
establish and ordain, that forever hereafter, there shall be a liberty
of conscience allowed in the worship of God, to all persons inhabiting,
or which shall inhabit or be resident within our said provinces
and that all such persons, except papists, shall have a free exercise
of their religion, so they be contented with the quiet and peaceable
enjoyment of the same, not giving offence or scandal to the government.
And our further will and pleasure is, and we do hereby for us, our
heirs and successors, declare and grant, that it shall and may be
lawful for the said common council, or the major part of them assembled
for that purpose, in the name of the corporation, and under the
common seal, to distribute, convey, assign and set over such particular
portions of lands, tenements and hereditaments by these presents
granted to the said corporation, unto such our Loving subjects,
natural born, denizens or others that shall be willing to become
our subjects, and live under our allegiance in the said colony,
upon such terms, and for such estates, and upon such rents, reservations
and conditions as the same may be lawfully granted, and as to the
said common council, or the major part of them so present, shall
seem fit and proper. Provided always that no grants shall be made
of any part of the said lands unto any person, being a member of
the said corporation, or to any other person in trust, for the benefit
of any member of the said corporation; and that no person having
any estate or interest, in law or equity, in any part of the said
lands, shall be capable of being a member of the said corporation,
during the continuance of such estate or interest. Provided also,
that no greater quantity of lands be granted, either entirely or
in parcels, to or for the use, or in trust for any one person, than
five hundred acres; and that all grants made contrary to the true
intent and meaning hereof, shall be absolutely null and void.
And we do hereby grant and ordain, that such person
or persons, for the time being as shall be thereunto appointed by
the said corporation, shall and may at all times, and from time
to time hereafter, have full power and authority to administer and
give the oaths, appointed by an act of parliament, made in the first
year of the reign of our late royal father, to be taken instead
of the oaths of allegiance and supremacy; and also the oath of abjuration,
to all and every person and persons which shall at any time be inhabiting
or residing within our said colony; and in like cases to administer
the solemn affirmation to any of the persons commonly called quakers,
in such manner as by the laws of our realm of Great-Britain, the
same may be administered. And we do, of our further grace, certain
knowledge and mere motion, grant, establish and ordain, for us our
heirs and successors, that the said corporation and their successors,
shall have full power and authority, for and during the term of
twenty-one years, to commence from the date of these our letters
patent, to erect and constitute judicatories and courts of record,
or other courts, to be held in the name of us, our heirs and successors
for the hearing and determining of all manner of crimes, offences,
pleas, processes, plaints, actions, matters, causes and things whatsoever,
arising or happening, within the said province of Georgia, or between
persons of Georgia; whether the same be criminal or civil, and whether
the said crimes be capital or not capital, and whether the said
pleas be real, personal or mixed: and for awarding and making out
executions thereupon; to which courts and judicatories, we do hereby,
for us, our heirs and successors, give and grant full power and
authority, from time to time, to administer oaths for the discovery
of truth in any matter in controversy, or depending before them,
or the solemn affirmation, to any of the persons commonly called
quakers, in such manner, as by the laws of our realm of Great-Britain,
the same may be administered.
And our further will and pleasure is, that the said
corporation and their successors, do from time to time and at all
times hereafter, register or cause to be registered, all such leases,
grants, plantings, conveyances, settlements, and improvements whatsoever,
as shall at any time hereafter be made by, or in the name of the
said corporation, or any lands, tenements or hereditaments within
the said province; and shall yearly send and transmit, or cause
to be sent or transmitted, authentic accounts of such leases, grants,
conveyances, settlements and improvements respectively, unto the
auditor of the plantations for the time being, or his deputy, and
also to our surveyor for the time being of our said province of
South-Carolina; to whom we do hereby grant full power and authority
from time to time, as often as need shall require, to inspect and
survey, such of the said lands and premises, as shall be demised,
granted and settled as aforesaid: which said survey and inspection,
we do hereby declare, to be intended to ascertain the quitrents
which shall from time to time become due to us, our heirs and successors
according to the reservation herein before mentioned, and for no
other purposes whatsoever; hereby for us, our heirs and successors,
strictly enjoining and commanding, that neither our or their surveyor,
or any person whatsoever, under the pretext and colour of making
the said survey or inspection, shall take, demand or receive, any
gratuity, fee or reward, to or from, any person or persons, inhabiting
in the said colony, or from the said corporation or common council
thereof, on the pain of forfeiture of the said office or offices,
and incurring our highest displeasure. Provided always, and our
further will and pleasure is, that all leases, grants and conveyances
to be made by or in the name of the said corporation, of any lands
within the said province, or a memorial containing the substance
and effect thereof, shall be registered with the auditor of the
said plantations, of us, our heirs and successors, within the space
of one year, to be computed from the date thereof, otherwise the
same shall be void.
And our further will and pleasure is, that the rents,
issues and all other profits, which shall at any time hereafter
come to the said corporation, or the major part of them which shall
be present at any meeting for that purpose assembled, shall think
will most improve and enlarge the said colony, and best answer the
good purposes herein before mentioned, and for defraying all other
charges about the same. And our will and pleasure is, that the said
corporation and their successors, shall from time to time give in
to one of the principal secretaries of state, and to the commissioners
of trade and plantations, accounts of the progresses of the said
colony. And our will and pleasure is that no act done at any meeting
of the said common council of the said corporation, shall be effectual
and valid, unless eight members at least of the said common council,
including the member who shall serve as chairman at the said meeting,
be present, and the major part of them consenting thereunto. And
our will and pleasure is, that the common council of the said corporation
for the time being, or the major part of them who shall be present,
being assembled for that purpose, shall from time to time, for,
and during, and unto the full end and expiration of twenty-one years,
to commence from the date of these our letters patent, have full
power and authority to nominate, make, constitute and commission,
ordain and appoint, by such name or names, style or styles, as to
them shall seem meet and fitting, all and singular such governors,
judges, magistrates, ministers and officers, civil and military,
both by sea and land, within the said districts, as shall by them
be thought fit and needful to be made or used for the said government
of the said colony; save always, and except such offices only as
shall by us, our heirs and successors, be from time to time constituted
and appointed, for the managing collecting and receiving such revenues,
as shall from time to time arise within the said province of Georgia,
and become due to us, our heirs and successors.
Provided always, and it is our will and pleasure,
that every governor of the said province of Georgia, to be appointed
by the common council of the said corporation, before he shall enter
upon or execute the said office of governor, shall be approved by
us, our heirs or successors, and shall take such oaths, and shall
qualify himself in such manner, in all respects, as any governor
or commander in chief of any of our colonies or plantations in America,
are by law required to do; and shall give good and sufficient security
for observing the several acts of parliament relating to trade and
navigation, and to observe and obey all instructions that shall
be sent to him by us, our heirs and successors, or any acting under
our or their authority, pursuant to the said acts, or any of them.
And we do by these presents for us, our heirs and successors, will,
grant and ordain, that the said corporation and their successors,
shall have full power for and during and until the full end and
term of twenty-one years, to commence from the date of these our
letters patent, by any commander or other officer or officers, by
them for that purpose from time to time appointed, to train and
instruct, exercise and govern a militia, for the special defence
and safety of our said colony, to assemble in martial array, the
inhabitants of the said colony, and to lead and conduct them, and
with them to encounter, expulse, repel, resist and pursue by force
of arms, as well by sea as by land, within or without the limits
of our said colony; and also to kill, slay and destroy, and conquer
by all fitting ways, enterprises and means whatsoever, all and every
such person or persons as shall at any time hereafter, in any hostile
manner, attempt or enterprise the destruction, invasion, detriment
or annoyance of our said colony; and to use and exercise the martial
law in time of actual war and invasion or rebellion, in such cases,
where by law the same may be used or exercised; and also from time
to time to erect forts, and fortify any place or places within our
said colony, and the same to furnish with all necessary ammunition,
provisions and stores of war, for offence and defence, and to commit
from time to time the custody or government of the same, to such
person or persons as to them shall seem meet: and the said forts
and fortifications to demolish at their pleasure; and to take and
surprise, by all ways and means, all and every such person or persons,
with their ships, arms, ammunition and other goods, as shall in
an hostile manner, invade or attempt the invading, conquering or
annoying of our said colony. And our will and pleasure is, and we
do hereby, for us, our heirs and successors, declare and grant,
that the governor and commander in chief of the province of South-Carolina,
of us, our heirs and successors, for the time being, shall at all
times hereafter have the chief command of the militia of our said
province, hereby erected and established; and that such militia
shall observe and obey all orders and directions, that shall from
time to time be given or sent to them by the said governor or commander
in chief; any thing in these Presents before contained to the contrary
hereof, in any wise notwithstanding. And, of our more special grace,
certain knowledge and mere motion, we have given and granted, and
by these presents, for us, our heirs and successors, do give and
grant, unto the said corporation and their successors, full power
and authority to import and export their goods, at and from any
port or ports that shall be appointed by us, our heirs and successors,
within the said province of Georgia, for that purpose, without being
obliged to touch at any other port in South-Carolina. And we do,
by these presents, for us, our heirs and successors, will and declare,
that from and after the termination of the said term or twenty-one
years, such form of government and method of making laws, statutes
and ordinances, for the better governing and ordering the said province
of Georgia, and the inhabitants thereof, shall be established and
observed within the same, as we, our heirs and successors, shall
hereafter ordain and appoint, and shall be agreeably to law; and
that from and after the determination of the said term of twenty-one
Years, the governor of our said province of Georgia, and all officers
civil and military, within the same, shall from time to time be
nominated and constituted, and appointed by us, our heirs and successors.
And lastly, we do hereby, for us, our heirs and successors, grant
unto the said corporation and their successors, that these our letters
patent, or the enrolments or exemplification thereof, shall be in
and by all things good, firm, valid, sufficient and effectual in
the law, according to the true intent and meaning thereof, and shall
be taken, construed and adjudged, in all courts and elsewhere in
the most favorable and beneficial sense, and for the best advantage
of the said corporation and their successors any omission, imperfection,
defect, matter or cause, or thing whatsoever to the contrary, in
any wise notwithstanding. In witness, whereof we have caused these
our letters to be made patent: witness ourself at Westminster, the
ninth day of June. in the fifth year of our reign.
By writ of privy-seal.
COOKS.
|