Articles of Agreement had and made betweene Edward Earle of Clarendon Lord High Chancellor of England George Duke of Albemarle Master of his Majties Horse and Captain Gen: of all his Forces, William Lord Craven John Lord Berkeley Anthony Lord Ashley Chancellor ofties Exchequor Sr George Carteret Kt and Barronet Vice Chamberline of his Majties Household Sr John Colleton Kt and Barro and Sr Wm Berkeley Kt the Lords Proprietrs of the Province of Carolina of the one part And Majr Wm Yeamans of Barbados for and on the behalfe of Sr John Yeamans Barro his Father Collonell Edmund Reade Symon Lambert Niccolas Edwards Robert Gibbs Samuell Tidcombe Henry Milles Thomas Lake Tho: Maycoke John Somerhayes Bartholomew Roes John Gibbs Basill Gibbs John Dickenson Thomas Gibbs Benjamin Rees Miles Scottow Nathanyell Meazericke Bartholomew Rees Junor John Arthur Samuell Smith Thomas Partrige John Walice John Brent John Godfrey George Thompson Robt Williams Lawrence Halske Wm Burges John Tothill James Thorpe Robt Tothill Wm Forster Thomas Merricke John Merricke George Phillips Edward Jacobs Robt Hackett Benjamin Waddon Robt Johnston Thomas Dickes Tho: Clutterhooke John Forster Will: Sharpe John Ham John Start Mathew Grey John Kerie Richard Baily Edward Thorneburgh Thomas Liston Anthony Long Thomas Norvill Giles Hall James Norvill Willm Woodhouse Jacob Scantlebury Samuell Lambart John Forster William Byrdall Richard Barrett Edward Yeamans John Killicott Isaac Lovell Thomas Clarke John Woode John Bellomy John Greenesmith Robt Breoitir Thomas Dowden Niccolas Browne John Wilson Robt Sinckter Thomas Perkins James Thorpe Robt Richards Benjamine Hadlut Christopher Goupher James Walter James Haydensen Wm Birdall Mordecai Bowden Juinor George Nore Humphrey Waterman and himselfe Adventurors to and Setlers of some part of the Province aforesaid and of all others that shall adventure settle and plant in the said Province of the other part as followeth;
Whereas the said Major William Yeamans is Imployed to the said Lords Propriators by the persons above mentioned and by them declared under theire hands to be their Agent and Representative and that they have given him full power to treate propose and conclude with the said Lords about all matters relating to that which they have allready done as alsoe to what shalbe necessary and convenient to be done obligeing themselves and their posterityes to accept of, stand to, and abide by whatsoever the said Major William Yeamans shall conclude of and agree upon in relation to the Setlement of Carolina or any parte thereof, Now in pursuance of the power &c given to the said Major Wm Yeamans by the parties above menc̄oned. These present Articles doe witnes And it is covenanted graunted and agreed by and between the said partyes as followeth,
Impris The said Lords for their parts their heires Executrs and Administratrs doe covenant and promise to performe fulfill and keepe all the Concessions and particulers that are to bee by them performed and keept menc̄oned in the Concession and agreemts hereunto annext contayning the manr of Government wth severall Im̄unities and priviledges granted to all such persons as shall goe or send to plant or as are already planted in the respective Countyes or Collonys in these Province of Carolina.
Item The Lords doe further covenant and promis that they will cause to be shipt before the first day of February next twelve peeces of Ordinance with Carrages Saddles Spunges and shott convenient and necessary and twenty barrels of powder one hundred fierlocks and one hundred Matchlocks wth Leade and Bullets fitting as alsoe two hundred pare of Bandalyers for ye Armeing and Providing of a Foart to be erected and built neare Port Royall or neare some other harbour River or Creeke whose mouth or Entrance is Southward or Westward of Cape Romania in the Province aforesaid by the Respective Adventurers before menc̄oned or by any others under their Authority.
Item The Lords doe further covenant that every one of the Adventurers of the Island of Barbados and their associates of England New England the Leward Islands and Barmothos that hath subscribed and paid or shall subscribe and pay within forty days after notice of this in the Barbados, and the other places unto the Treasurer or Treasurers appointed or to be appointed by the Comittee choosen or to be choosen by the adventurers that are or shalbe to receave the same for the defraying the charge of carrying people that cannot pay for the transportation of themselves to port Royall or some Harbour River or Creeke whose mouth or Entrance is to the Southward or westward of Cape Romania and for ye making of some Fortification therefor and towards a setlement of those and other people in that place, and for other Nessessary Charges concerning the setlement aforesaid And shall send such proporc̄ons of men Armed and provided as their owne Comittee shall agree upon in the first ship or shipes that shalbe sett forth to begin a setlement there, shall have Graunted to them and their heirs for ever for every thousand pound of sugar subscribed and paid five hundred acres of land and soe in proportion for a greater or lessor some subscribed and paid as aforesaid to be taken up within five years after the date hereof and settled as other Lands are to be setled vizt with an able man Armed with a good Firelocke boare twelve Bullets to the pound Tenn pounds of powder and twenty pounds of Bullets with six Monthes provision within one yeare after ye takeingg for every acre English measure yearely in manor as in the Concessions hereunto annexed.
Item The Lords doe further covenant and promis that whoever shall goe or send in the first Fleete wth Coll: John Yeamans he fayling with the first Governr or Deputy Governr shall have for his own head one hundred and fifty acres of land to him and his heires for ever English measure And for every able man servant he or shee shall carry or send armed and provided as aforesaid one hundred and fifty acres of land like measure, and to every such servant after the expiration of his or their time seaventy five acres of Land to be taken up by Lots as aforesaid in the place before menc̄oned And to every other Sarvt that shall there goe after the first fleete such quantyties as in the Generall Declaration is exprest, upon which hundred and fifty acres of land he shalbe obliged to keepe one able man and noe more and in fayler thereof to forfeite the same as in the Generall Concessions and agreement is exprest for which land there shalbe reserved yearlie to the Lords their heires and assignes one halfe penny per acre English measure to be paid in manner, as for other Lands in the Concessions menc̄oned.
In consideration whereof
The said Majr Will: Yeamans doth covenant as well on the behalfe of his Father Sr John Yeamans Baro and of Coll: Edmund Reade and of all the adventurers settlers and planters before exprest and of all others that shall adventure setle and plant as of himselfe that they shall for their pte perform fulfill and keepe all ye the particulers that are to bee by them performed menc̄oned in the Concessions and Agreement hereunto annexed And that there shall be provided before the last day of September next two shippes of one hundred and twenty tonns each of them at least with Ordinance convenient in each shipp and with powder shott and provisions necessary for the transportation of such persons as cannot pay for the passage of themselves to the Southward of Cape Romania there to setle and plant and to erect a foart and in it to plant the Artilliry sent by the Lords aforesd for the retreate and preservac̄on of the first settlers and of those that shall follow In witness of truth the said Majr Wm. Yeamans hath hereunto set his hand and Seale this seventh day of January In the sixteenth yeare of his Majties rayne Anno. Dom: 1664.
The Concessions and Agreement of the Lords Propryators of the Province of Carolina to and with the adventurers of the Island of Barbados and their associates of England New England the Carribbia Islands and Barmothos to the Province of Carolina and all that shall plant there In order to the setling and planting of the Countye of Clarendine the County of Albemarle and the County which latter is to bee to the southward or westward of Cape Romania all within the Province aforesaid.
1. Impris Wee doe consent and agree that the Governor of each County hath power by the advice of his Councill to depute one in his place and Authority in case of death or removall to continue untill our further order unless wee have commissionated one before.
2. Item That he hath likewayes power to make choyce of and to take to him six Councillors at least or twelve at moast or any even Number between six and twelve with whose advice and consent or with at least three of the six or fower of a greater Number all being sum̄oned he is to govern according to the Lymitac̄ons and Instructions following during our pleasure;
3. Item That the chiefe Registers or Secretarys which wee have chosen or shall chuse wee fayling that hee shall chuse shall keepe exact enteryes in faire bookes of all publicke affares of the said Countyes and to avoyde deceiptes and lawsuits shall record and enter all Graunts of Land from the Lords to the planter and all conveyances of Land howse or howses from man to man, As alsoe all leases for Land howse or howses made or to be made by the Landlord to any tennant for more than one yeare which conveyance or Lease shalbe first acknowledged by the Grantr or Leasor or proved by the oath of two witnesses to the conveyance or Lease before the Governor or some Chiefe Judge of a Court for the time being whoe shall under our hand us grant upon the backside of the said deede or Lease attest the acknowledgement or proofe as aforesaid which shalbe our grant for the Registers to record the same which Conveyance or Lease soe recorded shalbe good and effectuall in Law notwithstanding any other conveyance deede or Lease for the said Land howse or howses or for any part there although dated before the Conveyance deede or Lease soe recorded as aforesaid And the said Registers shall doe all other thing or things that wee by our Instructions shall direct and ye Governors Councell and Assembly shall ordaine for the good and wellfaire of the said Countyes;
4. Item That the Surveyor Genll that wee have chosen or shall chuse wee fayling that the Governor shall chuse, shall have power by himselfr pte of them shall finde it reasonable to suspend their Actings in their respective Imployments it shalbe lawfull for them soe to doe untill further order from us;
5. Item That all choise of officers made by the Governor shalbe for noe longer time then during our pleasure;
6. Item That the Governors Councillors Assemblymen Secretarys Surveyors and all other officers of trust shall sware or subscribe (in a booke to be provided for that purpose) that they will bare trew alleagance to the King of England his heires and successors and that they wilbe faithfull to the Interest of the Lords Propryatrs of the said Province and their heires executors and assignes and endeavor the peace and wellfaire of the said Province and that they will trewly and faithfully discharge their respective trusts in their respective offices and doe equall justice to all men according to their best skill and judgmt without corruption favor or affection, and the names of all that have sworne or subscribed to be entred in a booke; And whosoever shall subscribe and not sware, and shall vyolate his promis in that Subscription shalbe lyable to the same punishmt that the persons are or may be that have sworne and broken their oathes;
7. Item That all persons that are or shalbecome subjects to the King of England and sware or subscribe allegiance to the King and faithfulness to the Lords as above shalbe admitted to plant and become freemen of the Province and enjoy the freedomes & Im̄unityes hereafter exprest untill some stop or Contradicc̄on be made by us the Lords or else by the Governor Councill and Assembly wch shalbe in force untill the Lords see Cause to the Contrary provided yt such stop shall not anywayes prejudice ye right or Continewance of any person that hath beene recd before such stop or order come from the Lords or Genll Assembly.
8. Item That noe person or persons quallifyed as aforesaid within the Province or all or any of the Countyes before exprest at any time shalbe anywayes molested punished disquieted or called in question for any differences in opinion or practice in matters of religious concernment whoe doe not actually disturbe the civill peace of the said Province or Countyes but that all and every such person and persons may from time tors of religion throughout all the sd Province they behaving themselves peaceably and quietly and not using this liberty to Lycentiousness nor to the Civill Injury or outward disturbance of others, any Law statute or clause conteyned or to be conteyned usage or custom of this realme of England to the contrary hereof in anywise notwthstanding.
9. Item That noe pretence may be taken by us our heires or assignes for or by reason of or right of patronage and powr of advowson graunted unto us by his Majties Letters pattents aforesaid to infringe thereby ye Genll clause of Liberty of Contience aforemenc̄oned We doe hereby graunt unto the Genll assemblyes of ye sevll Countyes power by act to constitute and appoint such and soe many Ministers or preachrs as they shall thinke fitt, and to establish their maintenance Giving Liberty besides to any person or persons to keepe and mainteyne wt preachers or Ministers they please.
10. Item That the inhabitants being freemen or chiefe agents to others of ye Countyes aforesd doe as soone as this our Com̄ssion shall arrive by virtue of a writt in our names by the Governor to be for ye present (untill our seale comes) sealed and syned make choice of twelve Deputyes or representatives from amongst themselves whoe being chosen are to joyne with him the sd Governor and Councill for the makeing of such Lawes Ordinances and Constitutions as shalbe necessary for the present good and welfare of the severall Countyes aforesd but as soone as Parishes Divisions tribes or distric̄c̄ons of ye said Countyes are made that then ye Inhabitants or Freeholders of the sevll and respective Parishes Tribes Devisions or Distric̄c̄ons of the Countyes aforesd doe (by our writts under our Seale wch wee Ingage shalbe in due time issued) annually meete on ye first day of January and chuse freeholders for each respective denizon Tribe or parish to be ye Deputyes or representatives of ye same, which body of Representatives or ye Majr parte of them shall wth the Governor and Councill aforesd by ye Genll Assembly of the County for which they shalbe chosen, the Governor or his Deputy being present unless they shall wilfully refuse in wch case they may appoint themselves a president during the absence of the Governor or his Deputy Governor.
Which Assemblyes are to have power.
1. Item To appoint their own times of meeting and to adjorne their sessions from time to time to such times and places as they shall thinkee Number of their Quorum Provided that such numbers be not less than ye third pte of the whole in whome or more shalbe ye full power of the Generall Assembly (vizt)
2. Item To enact and make all such Lawes Acts and Constitutions as shalbe necessary for the well Goverment of ye County for wch they shalbe chosen and them to repeale provided that the same be consonant to reason and as near as may be conveniently agreable to the Lawes and Customes of his Majties Kingdom of England provided alsoe that they be not against ye Interest of us the Lords Propryators our heires or assignes nor any of these our present concessions Espetially that they be not against the Article for Liberty of Contience abovemenc̄oned, which Lawes &c soe made shall receave publication from the Governor and Councill (but as the Lawes of us and our Genll Assembly) and be in force for the space of one yeare and a halfe and noe more; Unless contradicted by the Lords Propryators within which time they are to be presented to us our heires &c, for our ratification and being confirmed by us they shalbe in continuall force till expired by their owne Limitac̄on or by Act of Repeale in like manner as aforesd to be passed and confirmed;
3. Item by act as aforesd to constitute all Courts for there respective Countyes, togeather wth ye Lymitts powers and jurisdicc̄ons of ye said Courts as alsoe ye severall offices & Number of Officers belonging to each of the sd respective Courts togeather with there severall and respective salleryes fees and perquisites Theire appellations and dignities with the penalltyes that shalbe due to them for breach of their severall and respective dutyes and Trusts.
4. Item by act as aforesd to ley equall taxes and assessments equally to rayse moneyes or goods upon all Lands (excepting the lands of us the Lords Propryators before setling) or persons within the severall precincts Hundreds Parishes Manōrs or whatsoever other denizions shall hereafter be made and established in ye said Countyes as oft as necessity shall require and in such manner as to them shall seeme most equall and easye for ye sd Inhabitants in order to the better supporting of the publicke Charge of the said Government, and for the mutuall safety defence and security of ye Countyes.
5. Item by act as aforesd to erect within ye said Countyes such and soe many Barronyes and Manōrs with their necessary Courts, jurisdic̄c̄ons freedomes and priviledges as to them shall seeme convenient, as alsoe to devide ye sd Countyes into Hundreds Parishes Tribes or such other denizions and distric̄c̄ons as they shall thinke fitt and the said Divisions toe said Countyes to create and appoint such and soe many ports harbours Creekes and other places for ye convenient ladeing and unlading of goods and merchandize out of shipps, boates and other vessells as they shall see expedient with such jurisdicc̄ons priviledges and francheses to such ports &c belonging as they shall judge most convenient to the gen1 good of ye said plantac̄on or Countyes.
6. Item by these enacting to be confirmed as aforesd to erect rayse and build within the sd Countyes or any part thereof such and soe many Forts Fortresses Castles Cittyes Corporac̄ons Borroughs Townes Villages and other places of strenkt and defence and them or any of them to incorporate with such Charters and priviledges as to them shall seeme good and our Charter will permit and the same or any of them to fortifie and furnish with such Proportions of ordinance powder shott Armor and all other weapons Ammunition and Habillaments of warr both offensive and defensive as shalbe thought necessary and convenient for the safety and welfare of ye sd Countyes. but they may not at any time demolish dismantle or disfurnish the same without the consent of the Governor and the Major parte of the Councill of the County where such Forts Fortresses &c. shalbe erected and built;
7. Item by act as aforesd to constitute trayne bands and Companys with the number of souldiers for the safety strength and defence of the said Countyes and Province and of the Forts Castles Cittyes &c to suppress all meutinyes and Rebellions. To make warr offensive and defensive with all Indians Strangers and Foraigners as they shall see cause and to persue an Enemy by sea as well as by land if need be out of ye Lymitts and Jurisdicc̄ons of ye sd County with the perticculer consent of the Governor and under the Conduct of our Leut: Gen: or Com̄ander in Chiefe or whome he shall appoint.
8. Item by act as aforesd to give unto all strangers as to them shall seeme meete a Naturalizion and all such freedomes and priviledges within the sd Countyes as to his Majties subjects doe of right belong they swearing or subscribing as aforesd wch said strangers soe naturallized and priviledged shall alsoe have the same Im̄unityes from Customes as is granted by the Kinge to us and by us to ye said Countyes and shall not be lyable to any other Customes then the rest of his Majties subjects in the sd Counties are but be in all respects accompted in the Province and Countyes aforesaid as the King's naturall subjects.
9. Item by act as aforesd to prescribe ye quantityes of land which shalbe from time to time alotted to eavery head free or Sarvt male or female and to make and ordaine Rules for the casting of Lotts for Land and leying out of ye same provided yt these doe not their said prescriptions exceed ye severall proportions which are hereby graunted by us to all persons arriveing in ye sd Countyes or adventuring theither;
10. Item the Genll Assembly by act as aforesd shall make provision for the maintenance and Support of the Governor and for the defraying of all necessary Charges of the Goverment as alsoe that the Cunstables of the respective Countyes shall collect the halfe penny per acre payable to ye Lords in theire Countyes and pay ye same to ye receavor yt ye Lords shall appoint to receave the same unless ye sd Generall Assembly shall prescribe some other way whereby the Lords may have their rents duely collected wthout charge or trouble to them.
11. Lastly to enact constitute and ordaine all such other Lawes actes and constitutions as shall or may be necessary for the good prosperity and setlement of ye said Countyes excepting wt by these presents are excepted and conformeing to Limitac̄ons herein exprest.
The Governors are with theire Councill before exprest:
1. Item to see that all Courts established by the Lawes of ye Genll Assembly and all Ministers and officers Civill or Military doe and execute their severall dutyes and offices respectively according to the Lawes in force and to punish them from swerveing from the Lawes or acting contrary to their trust as the nature of their offence shall require.
2. Item according to the constitutions of the Genll Assembly to nominate and com̄issionate the severall Judges, Members and Officers of Courts wheither Majistraticall or Ministeriall and all other civill officers as Justices Coroners &c the Com̄issions and powers and Priviledges to revoake at pleasure provided that they appoint none but such as are freeholders in the Countyes aforesd unless the Generall Assembly consent;
3. Item according to the Constitutions of the Genll Assembly to appoint Courts and officers in Cases Cryminall and to impower them to inflict penaltyes upon offenders against any of the Lawes in force in ye said Countyes as ye said Lawes shall ordaine wheither by fine Imprisonment Banishmt corporall punishmt or to ye taking away of member or of Life itselfe if there be cause for it.
4. Item to place officers and soldiers for the safety strenkt and defence of the Forts Castles Cittyes &c according to ye number appointed by the Genll Assembly to nominiate place and comissionate all millitarye dignity of ye Leut: Genll whoe is comissionated by us, over the sevll trayned bands and Companys constituted by ye Genll Assembly as Collonels Capts: &c and theire com̄issions to revoake at pleasure, ye Leut: Gen: with the advice of his Councill unless some present danger will soe permitt him to advize to muster and trayne all ye soldiers wthin the said County or Countyes to prosecute warr persue an Enemy suppress rebellions and mewtinies as well by sea as Land and to exercise the whole Millitia as fully as by our Letters pattents from the kinge wee can impower him or them to doe Provided yt they appoint noe Military officers but wt are freeholders in the sd Countyes unless ye Genll Assembly shall consent;
5. Item where they see cause after condemnac̄on to reprieve untill the Case may be presented with a Coppy of ye whole tryall proceedings and proofes to ye Lords who will accordingly eather pardon or com̄and execution of ye sentence on ye offender who is in ye meane time to be kept in safe custody till the pleasure of ye Lords be knowne
6. Item in case of death or other removall of any of the representatives within the yeare to issue summons by writt to ye respective division or divisions for which he or they were chosen com̄anding the freeholders of ye same to chuse others in their steade;
7. Item to make warrants and to seale Grants of Land according to theis our Concessions and the prescriptions by ye advice of ye Genll Assembly in such forme as shalbe at large set down in our Instruc̄ons to ye Governor in his Com̄ission and which are hereafter expressed.
8. Item to act and doe all other thing or things yt may conduce to ye safety peace and well Government of ye said Countyes as they shall see fitt soe as they be not contrary to ye Lawes of ye Countyes aforesaid;
For the better security of the proprietyes of all the Inhabitants
1. Item They are not to impose nor suffer to be imposed any tax Custome Subsidy Tallage Assesment or any other duty wtsoever upon any Culler or pretence upon ye sd County or Countyes and the Inhabitants thereof other then what shalbe imposed by ye Authority and consent of ye Generall Assembly and then only in manner as aforesaid;
2. Item they are to take care ye land quietly held planted and possessed seaven yeares after its being first duely surveyed by the Surveyor Generall or his order shall not be subject to any review resurvey or alteration of bounds on wt pretence soever or by any of us or any officrs or Ministers under us.
3. Item they are to take care yt noe man if his Catle straye range or graze on any ground wthin the sd Countyes not actually appropryated ore same to us our heires &c Provided yt Custome of Com̄ons be not thereby pretended to; nor any person hindred from taking up and appropriating any Lands soe grazed upon and yt noe person purposely doe suffer his Catle to graze on such land.
4. Item it is our will and desire that ye Inhabitants of ye said Countyes and adventurers theither shall enjoye all the same Imunityes from Customes for exporting certine goods from these Realmes of England &c theither as ye Kinge hath been graciously pleased to graunt to us as alsoe for ye Incorragement of ye Manufactrs of wine silke oyle ollives fruite almonds &c. menc̄oned in the pattent have priviledge for bringing them Custome free into any of his Majties dominions for ye same time and upon ye same tearmes as we ourselves may by our Pattent.
And that the planting of the Countyes aforesd may bee the more speedily promoted:
1. Item The Governors are to take notice that wee doe hereby graunt unto all persons whoe have already adventured to Carolina or shall transport themselves or Sarvts before ye first day of January which shalbe in ye yeare of our Lord one thousand six hundred sixty five theis following proporc̄ons of land vizt if to ye County of Clarendon one hundred acres English measure to every freeman and as much to his wife if hee have one And to every freewoman yt already is or shall arrive into ye sd County with a Sarvt or Sarvts to plant within ye Province aforesd one hundred acres like measure To a Mastr or Mistres for every able man Sarvt he or shee hath brought or sent or shall bring or send as aforesd being each of them armed with a good firelocke or Matchlocke boare twelve bullets to the pound ten pounds of powder and twenty pounds of bullets wth Match proportionable and victualled for six monthes fifty acres of like measure for every weaker Sarvt hee or shee hath brought or sent or shall bringe or send as aforesd as woemen children and slaves above ye age of fowerteene yeares, And fifty acres like measure for every Christian Sarvt yt is brought or sent within ye sd time to his or her proper use and behoofe when their time of servitude is expired;
2. Item to every freeman and freewoman yt shall arrive in ye sd County armed and provided as aforesd within the second yeare from ye first daie of January one thousand six hundred sixty five to ye first of January one thousand six hundred sixty six with an intenc̄on to planting seaventy five acres of Land and seaventy acres for every able man Sarvt that he or they shall carry or send armed and provided as aforesaid:
3. Item for every weaker sarvant or slave adged as aforesd yt shalbe carryed or sent theither within ye second yeare as aforesd forty acres of Land To every christian sarvant yt shall arrive ye second yeare forty acres of Land of like measure after ye expiration of his servitude.
4. Item to every freeman or freewoman armed and provided as aforesd yt shall goe and arrive with an intention to plant within ye third yeare from January one thousand six hundred sixty six to January one thousand six hundred sixty seaven fifty acres of Land like measure and for every able man sarvt yt he or they shall carry or send within ye sd time armed and provided as aforesd the like quantity of Land and for every weaker sarvt or slave adged as aforesd yt he or they shall carry or send within the third yeare twenty five acres of Land and to every Christian sarvant soe carryed or sent in the third yeare twenty five acres of Land of like measure after the expirac̄on of his or their time of Sarvice;
5. Item we do hereby graunt unto all persons whoe have already adventured to Carolina or shall transport themselves or sarvants before ye first daie of January which shalbe in ye yeare of our Lord one thousand six hundred sixty five theis following proporc̄ons of Land If to ye County of Albemarle eighty acres English measure to every freeman and as much to his wife if he have one And to every freewoman yt already is or shall arrive into ye sd County with a Sarvt to plant within ye time aforesd eighty acres like measure To a Master or Mistres for every able man Sarvt he or shee hath brought or sent or shall bringe or send as aforesd being each of them armed with a good firelock or matchlock boare twelve bullets to ye pound tenn pounds of powder and twenty pounds of bullets wth match proportionable and victualed for six monthes eighty acres of like measure and for every weaker Sarvt he or she hath brought or sent or shall bringe or send as aforesd as woemen children and slaves above the age of fowerteene yeares, forty acres like measure And for every Christian Sarvt yt is brought or sent within ye said time to his or her proper use and behoofe when their time of Sarvitude is expired forty acres of like measure;
6. Item to every freeman and freewoman yt shall arrive in ye sd County armed and provided as aforesd within ye second yeare from ye first day of January one thousand six hundred sixtie five to ye first day of January one thousand six hundred sixty six wth an intenc̄on to plant sixtie acres and sixty acres for every able man Sarvt yt he or they shall carry or send Armed and provided as aforesaid;
7. Item for every weaker Sarvt or slave adged as aforesd yt shall be carryed or sent theither wthin ye second yeare as aforesd Thirty acres liket yt shall arrive ye second yeare Thirty acres of Land of like measure after ye expirac̄on of his or there time of servitude.
8. Item to every freeman and freewoman armed and provided as aforesd yt shall goe and arrive wth an intenc̄on to plant wthin ye Third yeare from January one thousand six hundred sixty six to January one thousand six hundred sixty seaven Forty acres of Land like measure, and for every able man sarvt that he or they shall carry or send wthin ye sd time armed and provided as aforesd ye like quantity of land, And for every weaker sarvt or slave adged as aforesd yt he or they shall carry or send within ye Third yeare Twenty acres of Land like measure, And to every Christian Sarvt so carryed or sent wthin ye Third yeare Twenty acres of land of like measure after ye expirac̄on of his or there time of servitude;
9. Item we doe hereby graunt unto all persons who have already adventured to Carolina or shall transport themselves or Sarvts before ye first day of January which shalbe in ye yeare of our Lord one thousand six hundrd sixty five these following proporc̄ons vizt to every freeman yt shall goe wth ye first Governr from ye port where hee imbarkes (or shall meete him at ye Randeyvous he appoints) and from thence goe with him to ye southward or westward of Cape Romania wthin the province aforesd for ye settlemt of a Plantac̄on there which we name to be ye County of Armed wth a good muskett boare twelve bullets to ye pound wth Tenn pounds of powder & Twenty pounds Bullets wth Bandalears and match convenient and wth six monthes provision, for his owne person arriveing there, one hundred and fifty acres of Land English measure And for every able man Sarvt yt hee shall carry wth him Armed and provided as aforesd and arriveing there ye like quantity of one hundred and fifty acres and whoever shall send Sarvts at yt time shall have for every able man Sarvt hee or they shall send armed and provided as aforesd and ariving there ye like quantity of one hundred and fifty acres and for every weaker Sarvt or slave male or female exceeding ye age of fowerteene yeares which any one shall send or carry arriving there seaventy five acres of land and to every Christian Sarvt exceeding ye age aforesd after ye expirac̄on of their time of service, seaventy five acres of land for there owne use.
10. Item to every Mastr or Mistress yt shall goe before ye first day of January wch shalbe in ye yeare of our Lord one thousand six hundrd sixty five one hundrd and Twenty acres of land and for every able man Sarvt yt hee or shee shall carry or send armed and provided as aforesd and arriveingthin ye time aforesd ye like quantity of one hundrd & Twenty acres of Land and for every weaker Sarvt or slave male or female exceeding ye age of fowerteen yeares ariving there sixty acres of land and to every Christian Sarvt to there owne use and behoofe sixty acres
11. Item to every freeman and freewoman yt shall arrive in ye sd County armed and provided as aforesd wthin ye second yeare from ye first of January one thousand six hundred sixty five to ye first of January one thousand six hundrd sixty six wth and Intenc̄on to plant ninety acres of Land English measure and for every able man Sarvt yt hee or shee shall carry or send Armed and provided as aforesd Ninty acres of Land of like measure.
12. Item and for every weaker Sarvt or slave adged as aforesd yt shalbe soe carryed or sent theither wthin ye second yeare as aforesd forty five acres of Land of like measure, and to every Christian Sarvt yt shall arrive ye second yeare forty five acres of land of like measure after ye expiration of his or there time of servitude, for there owne use and behoofe, all wch Lands soe granted in ye 9: 10: 11: and 12: articles preceeding and ye 13th following are ment and intended to be taken up and given in ye County of and not elsewhere,
13. Item to every freeman and freewoman armed and provided as aforesd yt shall goe and arrive wth intenc̄on to plant wthin ye Third yeare from January one thousand six hundred sixty six to January one thousand six hundred sixty seaven armed and provided as aforesd sixty acres of land like measure and for every able man Sarvt yt hee or they shall carry or send wthin ye sd time armed and provided as aforesd ye like quantity of sixty acres of land and for every weaker Sarvt or slave adged as aforesd yt he or they shall carry or send wthin ye Third yeare thirty acres of land, and to every Christian Sarvt soe carryed or sent in ye third yeare thirty acres of Land of like measure, after ye expirac̄on of his or there time of service, All which land and all other yt shalbe possessed in sd Countyes are to be held on ye same tearmes and Condic̄ons as is before menc̄oned and as hereafter in the following Pharagraphes is more at large exprest Provided yt all ye before menc̄oned Land and all other wtsoever yt shalbe taken up and soe setled in ye sd Province shall afterwards from time to time for ye space of thirteene yeares from ye date hereof be held upon ye Condic̄on aforesd of continewing one able man Sarvt or two such weaker Sarvts as aforesd on every hundred acres Master or Mistres shall possess besides wt was graunted for his or her owne person, In failer of wch upon Notificac̄on to ye present Occupant or his assignes, there shalbe three yeares given to such for there compleating the said Number of personsthin ye time of three yeares if any person holding any Lands shall faile by himselfe his agents executors or assignes or some other way to provide such number of persons, Unless the Genll Assembly shall without respect to poverty judge yt it was impossible for ye party soe fayleing to keepe or procure his or her Number of Sarvts to be provided as aforesd In such case wee ye Lords to have power of disposeing of soe much of such Land as shall not be planted wth its dew Number of persons as aforesd to some other yt will plant ye same; Provided alwayse yt any person who hath a stocke of Catle sheepe or such like on his hands shall for every greater soart of Cattle wch hee hath at ye time of such forfeiture as horses Kine &c, retain two acres, and for every lessor sorte as sheepe hoggs &c one acre Provided alsoe yt noe persons arriveing into ye sd Countyes wth purpose to setle (they being subjects or Naturallized as aforesd) be denyed a graunt of such proporc̄ons of Land as at ye time of there arrivall are due to themselves or Sarvts by Concession from us as aforesd but have full Lycence to take up and setle ye same in such order and manner as is granted or prescribed all Lands notwthstanding (ye powers in ye Assembly aforesd) shalbe taken up by warrant from ye Governor and confirmed by ye Governor and Councill under a Seale to be provided for yt purpose in such order and meth-hood as shalbe set downe in this declaration and more att Large in ye Instrucc̄ons to ye Governor and Councill.
And that the lands may be the more regulerly layd out and all persons the better ascertayned of there titles and possessions.
1. Item in the bounding of ye County of Clarendon the Governor and Councill (and Assembly if any bee) are to make choyce of (and confine themselves and planters to) one side of ye mayne river neare Cape Faire, on which some of ye adventurers are already setled or intend to setle and ye Islands in or neare ye said River next ye side they setle on, Unless they have already setled some Island neare ye other side which if they have they may continew thereon;
2. Item the Governor of ye County of with ye advice of his Councill is to bound ye said County as he shall see fitt not exceeding Forty myles square or sixteene hundred Square myles.
3. Item they are to take care and direct yt all Lands bee devided by Genll Lotts none less then two thousand two hundred acres nor more then two and twenty thousand acres in each Lott excepting Cittyes Townes &c and ye neare Lotts of towneshipps and yt ye same be undecimally devided one eleventh part by lott to us our heires and Assignese Remayndr to persons as they come to plant ye same in such proporc̄ons as is allowed;
4. Item that ye Governor of each County or whome he shall depute in Case of death or absence if some one be not before Com̄issionated by us as aforesd doe give to every person to whome land is due a warrant syned & sealed by himselfe and ye Major pte of his Councill and directed to ye Surveyor Genll or his Deputy com̄anding him to ley out Lymitt and bound acres of Land (as his due proporc̄on is) for such a person in such allotmt according to wch warrant ye Register having first recorded ye same and attested the record upon ye warrant ye Surveyr Genll or his Deputy shall proceed and certifie to ye Chiefe Secretary or Register ye Name of ye person for whome he hath layde out land, by virtue of wt authority ye date of ye authority or warrant ye Number of acres ye bounds and on wt poynt of ye Compass ye Severall Lymitts thereof lye which Certificate the Register is likewayse to enter in a booke to be prepared for yt purpose with an Alphabeticall table referring to ye booke soe ye Certificate may be ye easier found and then to file ye Certificates and ye same to Keepe safely The Certificate being entered a warrant comprehending all ye particculers of Land menc̄oned in ye Certificate aforesd is to be syned and sealed by him and his Councill or ye Major pte of them as aforesd (they haveing seen ye entry) and directed to ye Register or Chiefe Secretary for his preparing a Graunt of ye land to ye party for whome it is layd out wch Graunt shalbe in the forme following vizt
The Lords Proprietors of the Province of Carolina doe hereby graunt unto A. B. of ye county of Clarendon (or in wt County ye same shalbe) in ye province aforesd a plantac̄on in ye said County Conteyning Acres English measure Bounding as in ye said Certificates to hold to him (or her) his (or her) heires and Assignes for ever Yielding and paying yearly to ye said Lords Proprietors their heires or Assignes every twenty fifth day of March according to ye English Acco one halfe penny of Lawfull English mony for every of ye said Acres To be holden of ye manner of in free and Com̄on Soccage, ye first paymt of wch rent to beginn ye twenty fifth day of March which shalbe in ye yeare of our Lord one thousand six hundrd and seaventy according to ye English Account, Given under ye seale of ye County of Clarenden ye day of in ye yeare of our Lord To which Instrument ye Governor or his Deputy hath hereby full Authority to put yee seale of ye said County and to subscribe his Name as alsoe ye Councell or Majr pte of them are to subscribe there Names and then ye Instrument or Graunt is to be by ye Register recorded in at purpose all wch being done according to these instrucc̄ons we hereby declare yt the same shalbe effectuall in Law for ye Injoymt of ye said plantac̄on and all ye benefitts and profitts of and in ye same, except ye halfe part of Mynes of Gold and Silver paying ye rent as aforesd Provided yt if any plantac̄on so granted shall by ye space of three yeares be neglected to be planted with a sufficient Number of Sarvts as is before menc̄oned yt then it shalbe lawfull for us otherwayse to dispose thereof in whole or in part This graunt notwthstanding.
5. Item We doe alsoe graunt convenient proporc̄ons of land for highways and for streetes not exceeding one hundred foote in bredth in Cittyes Townes Villages for churches Forts wharfs Keys Harbours and for publicke houses and to each parish for ye use of there Ministers one hundred Acres in such places as ye Genll Assembly shall appoynt;
6. Item ye Governors are to take notice yt all such lands leyd out for ye uses and purposes in ye next preceeding Article shall be free and exempt from all rents Taxes and other Customes or dutyes wtsoever payable to us our heires or Assignes.
7. Item that in leying out Lands for Cittyes Townes Villages Burroughes or other Hamlets ye said lands be undecimally devided one eleaventh part to be by lott layd out for us and ye rest devided to such as shalbe willing to build thereon they paying after ye rate of one halfe penny per Acre yearely to us, as for there other lands as aforesd wch said Lands in Cittyes Townes &c is to be assured to each possessor by ye same way and Instrewment as is before menc̄oned.
8. Item That all Rules relating to building of each streete or quantity of ground to be alotted to each house within ye said respective Cittyes Burroughs and Townes be wholy left by act as aforesd to ye wisdome and discrec̄c̄on of ye Generall Assembly;
9. Item That ye Inhabitants of ye said County have free passage through or by any Seas bounds Creekes Rivers &c. in ye said Province of Carolina through or by which they must necessarily pass to come from ye Mayne Ocean to ye Countyes aforesd or any part of ye Province aforesd;
10. Lastly it shalbe Lawful for ye Representatives of ye freeholders to make any address to ye Lords touching ye Governor and Councill or any of them or concerning any Greivances whatsoever or for anything they shall desire without the Consent of the Governor and Councell or any of them,
It is this day agreed by the Lords Propryators of Carolina that although the County of Clarendon neare Cape Faire, and all the tract of ground as farr as to the southward of the river St Mathias and west as far as the South Seas, be for the present, under the Government of Sir John Yeamans, yet notwithstanding it is ment and intended, that that parte of it which is about to be setled to the southward and westward of Cape Romania be a distinckt Government from the County of Clarendon, and that there be a distinckt deputy Governor for the present and that it be called the County of Craven and as soone as it shalbe conveniently setled by the said Sir John Yeamans or any other that there be a distinckt Governor comissionated to governe there.