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C^O. yrnwl
TreadweH-Eiizabeth- Phillips -Kirstein •
THE
WILLIAM P. TRENT COLLECTION
WORKS RELATING TO
DANIEL DEFOE
AND «IS TIME
T
THE PUBLIC LIBRARY
OFTHECITYOF
BOSTON
./ urcAaud /iam^ /Ac <^HCot%rc o/"
SUNDRY TRUST FUNDS
'Clement • Charlotte Harris • IVhititeg
FN7II; 29; 3M.
THE
OF
V rot eft ant Diff enters
CAROLINA.
SHEWING
HowaLAW to prevent Occasional
Conform ITY There, has ended in the Total
Subverfion of the Conftitution in Church and
State.
P^ecommended to the ferious Confideration of all that are tru^
Friends to our prefent Eftablilhment.
fly ('^t'A?^ ^jLrc/tc? ^ic
- ■ ' ■ ' '■ .... ..I.... .11. 1 1 I 11 I ■» ... i<i«i
Muvato nomine, ^ ts^
FabuU narratur.
LONDON,
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3<!^^^0t>i*s6r^O
^ ^ ,i.U:.i.^*- '- ' / <^ /O^ , w
(I )
The Cafe of Trotefiant Diffenters
in Carolina.
LJheYty being the only fure and lading Foundation of our Quiet,
and Satisfadion in this World, a Community can never be
reduc'd to any State, in which it will not have a right to
ufe all Methods, abfolutely necelTary to fecure that Liberty
when it is in danger, or to regain it when it is loft ; Nor can there
be any Condition of any fingle Perfon in that Community imagin'd
ordevis'd, in which it will not be his tiuerlnterefttogivehisAffiftance
to fecure or recover the Liberty of that Community, than to endanger
or deftroy it,tho he were by that means to get all thePower of the Com-
munity into his own Hands. For how much foever he mightthink it for
his Intereft to inflave others ^ yet it may be thought as much for the In-
tereft of others to inflave him. And the fureft way to fecure himfelf a-
gainft coming into fo bafe and miferable a Condition, is no longer to
i nfift upon governing his Aft ions towards others, by his own licentious
and uncertain Humor, left another ftiould pretend to ad as arbitrari-
ly and uncertainly towards him : But to fubmit, that his own Adions
as well as the Adionsof all others fliould be bound by a ftated and
certain Rule ^ which when he tranfgrefles, will bring him under
greater Inconveniences than can be compenfated by the Advantages,
which may accrue to him by the Tranfgreflion. And this very Re-
ftraint that Men put themfelvesunder,fecuring to 'em as far as may be
atthe fame time, the Freedom of ading according to a known and
ftated Rule, is wh'at we call Liberty : And being the Foundation of all
their other Privileges, is what it muft necefiarily be their common In-
tereft to preferve.
And as Liberty is the only Foundation of our Q\\\tt and Satisfadion
in this World •, fo Liberty of Confcience is the only Security that any Go-
vernment can give us for our fafe PaiTagethro this World to another.
And Liberty of Confcience being a Liberty for every Man to believe
what appears to him .to be true, and to ad purfuant to his Belief '
matters relating to another Life, that don't dl^n'h the Pr
Peace •, *tis no wonder, if Men arc generally foo"
this Branch of Liberty, than they are of any otlj«
A a
The Qafe of the Diffemers hi Carolina.
Intereflsof another World areinfinitelymoreour Concern to fecure,
-than the Eafe and Satisfa^flion of the prefen't^ and that eve£our
Civil Liberty it felf iJecomes precarious andTllefeaQBTe, "wlierT'the
Liberty of Mens Confciences has not the flrongeH Securitys that may
be. For People can never be fure that a Government will not force
'enuo ad according to its uncertain and arbitrary Determinations,
in matters that relate to the Peace of the Community, infteadof
allowing them the Freedom to aft according to aftated and certain
Rule,which will not allow 'em theLiber ty to aC't according to their own
Opinion, inmatters which relatenotatall to the Community : Nay in
matters, which as they can do no body good or hurt befides themfelves \
fo in matters which can do them no good or hurt, but in relation to
another World : And whether they will do them any good or hurt in
that refpeft, can't be known to theGovernment neither.
And thofe will be apt to think themfelves lefs fecure of Civil Liberty,
after once their Religious Libertys have been violated, who confider,
that Governments being ereded for the Good of the Community, may
have a right in fome extraordinary Cafes to break in upon the known
and Hated Rules of acting, in order to a PublickGood •, which the Poli-
ticians have c'all'd Jus Vominationls. But that they can never have
a right to hinder the Liberty that all Men have to think, and ad in
matters of Faith and Worfhip, as fhall feem to them mofl reafonable
and convenient •, becaufe the Good of the Society can never require it,
unlefs it can require a Government to tempt Men to turn Knaves and
Villains, for Knavery and Villany fake : For that is all that Perfecution
and Violence oITer'd to Mens Confciences can be defign'd to do. So that
in a word,if any Government breaks in upon the Liberty of Confcience,
it breaks in upon an indefeafible Right of the People,and commits a Vi-
olation,which muft neceffarily turn to the Prejudice of the Community 5
and may therefore much more eafily break in upon Civil Liberty, which
tho very facred,muij be allow'd to be defeafible,and lawfully to be bro-
ken in upon in fuch Cafes,where the Good of the Community abfolutely
requires it. And when a Government has once brokeninupon the Li-
berty of any one Man's Confcience,or upon the Confciences of anyBody
of Men,Civil Liberfy is not only thereby endanger'd,but no other Body
of Men can promife themfelves any lajlin^ Security for the Liberty
of their Confciences. For tho fome religious Bodys of Men may
'Mve better Securitys than others, yet there can be no Security to any,
' can outlive the Change of Opinion in the Government, but that
'i„:.. - d Abfolute Toleration: Which indeed can hardly
Hecaufe it will never be thelntereft of the Go-
however the Government may happen to
change
The Cafe of the Dijfenim in Carolina.' ^j
change tlieir Opinion in Religion v «nd becaufe 'twill always be the In-
tereft of every Man that is fubjed to that Government, to take all
^ proper Metliods to prefevve it. We have feen all the Laws, made in
" our own Country for the Security of the Church of England^ repeal'd
and tramplM on by a Government of a different Perfuafion :_ Where-
as had an Univerfal and Abfolute Toleration been eftablifti'd, the
Church had efcap'd a Perfecution that eniVd. So that upon the whole,
OpprelUon and Perfecution are not only againft Natural EquHy^^n^ the
. DoCirim and j^xample of the Author of the Cbrijlian Religion : Nor is
Perfecution laparcicular only altogether inconfiilenc with the firfi
Principles of the Reformation •, but both Perfecution and Oppreffion are
■ againfl the true Interefi of all Communitys^ and of every Man, and of
every Set of Akn in 'em. *
And that Opprellion and Perfecution are generally thought to he fo^
appears from hence i that in the great Conteft that isonfootat pre-
fent both Abroad and at Home, the feveral contending Powers and
Partys either really aim at the reftoring and fecuring Liberty, or at
leafl pretend to do foi as well knowing, that no Number of Men
cou'd be brought to interefl: themfelves in their Quarrel on any o-
therfcore. Thus whilfbthe Confederates are endeavouring to fe-
cure the Libertys of Europe^ by difpofrefling the Houfe of Bourbon of
the Throne of Spain--, and to rellore the Rights of Spain, by placing
a Prince of the Houfe of AujlriaWif^ the King of France pretends
to have only purfu'd a Will made in the favour of his Grandfon in
feizing on that Monarchy, and to have prevented the Injury that
wou'd have accru'd to the Spaniards by difmembring it. And whilft
fome of the Northern Powers don't think the Reform'd Religion ^fe-
cure, till the exorbitant Power of the Hoafe of Bourbon is reduc'd^
The Roman Gatholicks induftriouQy giive it out every where, that
theSuccefsof the Houfe of Aujlria portends Ruin to their Church i
becaufe that Houfe is in fo fbrift a League with Hereticks : And endea-
vour to frighten the poor bigotted People with the Stakes and Gibbets,
the Plots and Confpiracys.the Croifadoes and Inquifitions,and all thoCe
other Tragical Engines of Blood and Violence, which they have never
fuffer'd Hereticks to be unacquainted with, whenever their Powerlias
been equal to their implacable Malice and ill Will. And thus at Home,
whilft the Low Church have protected the Difienters from the Perfe-
cution of the High Church,in order to maintain their own Liberty as well
as that of the DilTenters j and have been enabled lince by the AOlftancc ,,.
of the Diflenters to ward o'fF a Perfecution againlt themfelves, wh/'*
it had been afterwards in. the power of the High Church J^
commenc'd againft them, when they had ropkas\U theH' '*'
The Cafe of the Diffenten in Carolina.
have endeavour'd to fuggeft and infinuate in all Parts of the King-
dom, that the Church is in Danger, and that they fhan't have the Li-
berty of being High Churchmen any longer, from too ftrid a Cor-
refpondence, that they obferve, it feems, between the Low Church
and Diirenters.
And no wonder there is fuch a ftruggle for Liberty in reality
or pretence in all Parts of Chrtficyiclom^ fince every Man that is
fenfible of the ineftimable value ot Liberty, is at the fame time fen-
fible, thatitcan receive no hurt in any Part of Europe^ without en-
dangering it in all others. For Perfecution and Slavery, like a Fire,
wafte and deflroy as long as there is any thing left for them to prey
upon. Nor is there any Security againfl them, but the checking
them at.theiffirlt Appearing •, finceit they be fufrer'd to fpread, no
body can fay where they will ftop. Nor does any body in the Cafe
of Fire f nor fhou'd they in the other Cafes) trult to his diftance
from it, at its iirfl Beginning-, but inftead of pleafing himfelf with
the deluding Hopes that it will go out of it felf, places all his Confi-
dence and Security in this, that every one takes it for a common E-
nemy, and thinks himfelf oblig'd, for his own fake, to lend the belt
AfTiIlance hecan toquenchit. I hope therefore no body, who has
thefe Apprehenfions of the Value and tender Nature of Liberty^ will
be angry with me, that I am giving the befl: Afliftance 1 can, to ex-
tinguilh a Flam.e, that is broke out in one of the remotell: Parts of her
Majefty's Dominions. For tho it began here at Home, yet as it has
been often obferv'd to happen in great Fires, it has catch'd in dif-
continuous Buildings, and has fpread ftill further and further, till it
has at laft reachM fome of the moft diflant Parts of the World. An
Attempt was but made to difable Proteltant Diflenters from bearing
any Office in England^ and prefently they were excluded from them
m Ireland^ and from Sitting in the Commons Houfeof Affembly in
Carolina. So that fince it appears in Faft, as well as in Reafon, that
no Part of the £w^/i/?? Dominions is out of -Danger, by its dillance
from the Place where this Fire firft appear'd^ nor fecure, becaufeit
feetn'd but a fmallone jufl kindled: 1 promife ray felf that it will
be taken kindly that I give my helping Hand to the putting it out in
anyplace where it yet remains. And that it will not be ill taken, if
the Water, and Buckets, and other Engines be not in my Guftody \
nor thofe that are to manage ^em under my Dire<^ion, and nothing
^••e be in my Power ^ if 1 only give the Notice, and cry Fire, in
^ bring others to my Aid, and to difpofe thofe who have the
•^lar Care of thefe Matters, to apply themfelves, by all
to ftop its fpreading any further.
But
The Qafe of the D'lffenters in Carolina. 7
But I know it will be juftly expeded that I fliou'd fatisfy every Bo-
dy that I don't give a falfe Alarm. That I may not therefore be
wanting in this Point, I will here tranfcribe fome part of an Adt
made in the Aflembly of C^ro/m^ in the year 1704. intitul'd, An
Ad for the move effe&ual Prefervation of the Government of th'vs Pro-
vific&y &c. referring the Reader to the A<^ it felf hereunto annex'd,iVo 6,
for hi's further Satisfadion. Part of that Adt runs thus: Be it there'
fore enaQed by and with the Authority^ &:c. That every Perfon after the Ra^
tification of this Af}^ that po all he choftn a Member of the Commons Houfe
of AJJembly^ that hath wof, within thefpace of 1 2 months before fuch hk Elec-
tion^ receiv d the Sacrament of the Lord's Supper^ according to the Rites and
Vfagc of the Church of England y as ejlablifh'dby Law j fuch Perfon after his
Eledion^ and before he be permitted to fit and vote in the faid Houfe^ fhall
receive the Sacrament of the Lord^s Supper, according to the Rites and
Vfoge of the Church of England, in fome publick Churchy upon fome
Lord's Day, commonly eaTd Sunday^ immediately after Divine Service and
Sermon •, and every of the faid Perfons^ in open Affembly, in a full Houfe
duly fittings with their Speaker in his Chair, fhaU deliver a Certificate of
fuch hvs receiving the faid Sacrament, a/s aforefaid, under the Hand of the
refpeiUve Minifier, or fhall make Proof of the Truth thereof by two credible
Witneffes at the leafl upon Oath. - By which it plainly appears, that Pro-
teftant DifTenters are by this Adt rendred incapable of fitting in the Com-
mens Houfe of Affembly ; and confequently, that they are depriv'd
of a Capacity which the Law had given them, and which there-
fore was as much theirs^ as any other thing they laid claim to : Since
'tis the Law alone in Civil Governments that makes this thing Mine,
and that thing another Man's. Nor is it of an infignificant thing
that they are depriv'd by this Law neither : For as Legal Capacitys in
every Country are the Foundations of all the Happinefs a Man can have
in that Country -, fo the Capacity this Adt deprives them of, is one of
the highefl: a Man can have in that Country, either in refpedt of Vfe^
fulnefs or Honour : And a Capacity, to which they had as good a Title^
as to a Capacity of holding or deviling an Eftate, by Grant, Sale,
Deed of Gift or Teftament, or of contradling any Relation in Life,
or of holding or executing any Place or Office, or of having any Ti-
tle, or Mark of Diltindtion and Honour.
And as the Capacity to fit in the Commons Houfe of AfTembly is
not only a Capacity of the greatefi: Power, but of the greateft Dif*
tindlion and Honour ; fo the taking it away is a Note of great Infa-
wyand Difgrace, for it's fingling 'em out as Knaves and Rafcals, who
are not fit to be intruited with the Libertys of the -People in the
lame
8 . 7he Cafe of the Diffcnters in Carolina^
fame -degree that other Men are •, and 'tis but giving them an ill
Name, and the Mob will not fail to treat 'em accordingly. This
I. mention the rather, beqaufe I find by a Re^refentation of feveral Grie-
"uances in Carolina, fignd^ hy feveral of the Members of the Commons
Hou[cof Affetnhlyy and other principal Inhabitants^ to the Lords Propric'
tovs^ dated the 16 th of June, 1703.. that thofe who had then (and
who have flill) the chief Power of that Province in their Hands,
are very well acquainted with fuch tumultuous Manners of Proceed-
ings, as may be more particularly feen in the loth, i ith, 12th, 13th,
i,fth, i5thand i(5th Articles of the faid Reprefentation, a. Copy
Tv'c ^^ whereof is hereunto anne-xM, By which Articles it plainly ap-
pears, that after the prevailing Party in the AfTembly had abus'd
and revil'dfome worthy Members of that Aflembly, and treated
them WHth. the mofl refleding Language imaginable, only for ia-
li'Iling.uponfome things that were abfolutely necelTary for the pre-
ferving the Dignity of that Houfe, and the Freedom of their Elec-
tions ; the Mob was rais'd upon 'em, and incourag'd to infuic'em for
four or five' days in a very riotous manner, to their great Damage,
and the manifefl Danger of their Lives. During which time, the
Governmemt was fo far from quelling the Riot, or punifliing the Ri-
oters; jhatas all Methods were taken to raife,countenanceand incpu-
SeeArt. rage it whilil it lafted y fo, like Methods have been us'd to skreen the
•i^° Pvioters and thsir Abettors from JuHice ever fince. In order whereto
the pvinclpal Promoters of this Riot have been put into the chief
Places of the Law. And I fuppofe nobody will find it difficult to
beleive, that thefe riotous, tumultuous and infolent Proceedings have
been very grievous and frequent fince the pafllng this A(ft as well as
before. And as thefe Infolences muff be born patiently by the Pro-
teftant Diilenters, and without any hopes of Redrefs, if they con-
tinue there*, fo they can't quit the Place, if thefe Infolences become
infupportable, without fuflalning great D^w^^e in their Eftates, and
expofing themfelves to manifefl; Dangers and Inconveniences in tranf-
porting their Familys and EfFeds. So that upon the whole, thisAd:t
will appear not only to deprive the Proteftant^DilTenters of fome- ^
thing that was theirs, but to deprive 'em of a Capacity of Honour as
well as Pomr^ and to brand 'em with a Mark of great Infamy and Re-
proach 5 and at the fame time either to expofe 'em to the Infolences
that ufually accompany fuch a Charadter, if they fhou'd have Hardi-
nefs enough to flay in the Province, or, which is worfe, to the
great Damage and Danger of their Efiates and Familys if they can't.
, Now the making Men uneafy for the fake of any Opinion that they
■told in Matters of Religion, which does not difl;urb the Publick
Peace,
The Cafe of the Dijjif iter sin Carolina.
Peace, is Perfccution : Whether they are made uneafy by infii^rlng
any Corporal or Pecuniary Punifhraent, or by depriving them of air/
Privilege i and whether that Privikge be Power, Honour, or Repu-
tation, it makes no difference. For flill every thiag that makes a
Man uneafy is Punifliment ', and the infiiding that Punilhment for
Confcience-fake, makes it Pcrfecution, And what can it be then
but a feveve Perfccution, to rob Men of a Capacity for the fake of
their Confcience, by which fhey can be of the mofh publick Life and
Service? Ufefulnefs being the greatefl: Pleafure, and'juftlydeem'd
by all good Men thetrueltand nobkfi: End of Life-, in which Mea
come nearefl to the Charafter of our B. Saviour, who went about doing
good ; and even to that of our great Creator, whofeGoodncfs is over
all his Works. And fmce Marks of Honour and high Trufts are Re-
wards of Merit and Greatnefs,Whatcan the taking away the very Ca-
pacity of 'em be, but Punilhments ? A.nd what can Puniihments be but
Perfecution, if inflifted for Confcience-fake? And if the bare tak-
ing away a Mark of Honour, and advantageous DiHinftion for Con-
fcience-fake, mull bedeem'd a Perfecution, 'tis certain, thatitmuft be
as great an Aggravation and Enhancement of that Perfecution, to
brand Men with a Mark of Diftinftion to their difadvantage, and €X-
pofe them as Men not fit to be truilcd in publick Concerns ^ as if every
Didenter there was to Hand upon a Stage, or in their Courts of
Juftice, with a Paper upon his Breaft, notifying him to be a Prote-
ftant Diflenter, and therefore to be fliunned and avoided as a Be-
trayerof the higheft Trufts of the Province. The Infolences which
may follow fuch a Character as this, may oblige the Dilfenters to quit
the Province, to the very great Lofs and Damage of their Eftates:
And in that Cafe, this Exclufion will amount, not only to a heavy
Fine, but to Banirfiment it felf ^ and perhaps to Mutilation, and lofs
of Life or Limb, before they get out of the Country.
This is the Perfecution this Aft expofcs Proteftant Diffenters to at
prefent. Put what Perfecution can they be fecure againjl for the fu^
ture^ upon the Principles on which this Aft is founded ? Nay, what
perfccuting Bills mayn't they, who are thought to have juftly dc-
ferv'd this Treatment, apprehend from a Commons Houfeof Aflem-
bly, compos'd of almoftnone but fuch as thought they deferv'd it?
For if the Commons Houfeof Alfembly have a Right to bring in a
Bin, to deprive Protellant Diflenters of the Capacity of fitting in
that Houfe \ mayn'r they bring others to deprive 'em of any other Ca-
pacity of Honour that they now hold ? And if they can bring in a
Bill to punifh 'em with this Mark of Difgracs, can't they bring in a
Bill or Bills to punilh 'em with any greater ? If they can call 'em
B Rogues
la " 7/;e Cafe of the Di[f(nters in Carolinn.'
Rogues and Rafcals by Implication, can't they call 'em fo in terms at
length when they pleafe ? And mayn't they then treat them as fuch j
and bring in a Bill to Pillory or Cart 'em, or burn 'em in the Cheek •, or
put anythe moll pubiick Badge of Infamy upon 'em that they think
fit ? For when they once come to be thought Rogives and Rafcals, Di-
fturbersof the Pubiick Peace ^ it's then intirely in the Breaft of the
Houfe to bring in a Bill or Bills, in order to InfliA fuch further Pu-
nilhments, and to take fuch other Precautions againit them as the
Exigency of the Cafe, that is, according as the Security of the Pub-
lick fliall require.
Nay, and will not the Pubiick Secvirky require that tjwre (hould be
done ? For if Proteflant DilTenters in Carolina are not fit to re-
main capable of the Legiflative Power, it can't be thought fafe to let
. them remain capable of any part of the Executive Power. And when
they are not capable of Reprefenting, it can never be thought fafe to
let 'em remain capable of being Reprefented. For if they Ihould be
intrufted with the Power of Eledting, they may eleul Men, that may
rellore them to all the Capacities, of which for the Pubiick Safety they
have been depriv'd : And if they ftiould not be capable of Electing,
it can't be thought prudent to let 'em enjoy the Property which enti-
tles others to that Right. For Power will follow Property, and if
they are fufFer'd to hold their Property, they may regain their
Power : And when their Lands fiiall be confifcated, 'twill not be fafe
to fuffera parcel of exafperated and defpcrate Men to remain in the
Country •, and fo they muft either banilh 'em, or fend 'em to the
Gallows: Or if common Compaflion and Humanity (hould fo far
prevail againil confillency with thefe Principles, as to let this prefent
Set of Diffenters live cut the time tliat Nature has allotted 'em, they
niuft neceflarily forbid 'em to Marry, or oblige 'em to Caftration ^
that a Race of fiich Monfters may no longer be continued to the dan-
ger and difturbance of the Pubiick Peace. And if Proteflant Dif-
fenters may be expofed, made incapable of all Offices, of Eleding, or
being Eledted to the Commons Houfe of AiTcmbly ^ if they may be con-
fifcated and profcribed, and that the firfl of thefe Steps, after it is once
taken, does naturally, and in good Policy ought to lead Men on to
all the others •, the DilTenters have but a (lender Security, that fuch
Meafures fhall not be taken from the Temper of thofe Men, who by
virtue of this Aft mull compofe the Commons Houfe of AlTembly.
And this Bill having paft the Deputies of the Proprietors, who (as
things ftand now in Carolina) compofe the Upper Houfe, and the
Proprietors themfelves having Ratify'd it \ the Proteflant Dilfen-
ters can have no Security, that they will not pafs and ratify
any
The Cafe of the Diffenters in Carolina.' I "i
any of the other, when they ihall come to be ofFerM to 'em.
And let no body think thefe Inferences to be Vifionary and Chime-
rical, and the mere Guefles and Conjeftures of a Splenetick Man :
Let them that think fo, fhew me a Country where Perfecutcrs have
ever ftopt of themfelves, after they have once got Power into
their hands ; and being contented with their f.rfl Beginnings, have
made no further progrefs : Or that they have not proceeded from one
degree of Violence to another, till they arriv'd at long run at the
laft i if they have not been prevented by fome publick Calamity,
Dillrefsor Exigency, that has made them think it unfafe for them-
felves to carry their Violences to that degree. So that it has been a
common Obfervation, that Perfecution never flops till it comes to
Fire and Faggot, and only ftops there becaule it can go no far-
ther. •
Upon which account, as well as many others, it is an OpprefTion
in it felf fo odious, and fo generally thought to be fo j that after that
is fully prov'd upon any Law, there needs nothing more to be faid
againftit : For that it felf is faying, That it is againft Natural Equity^
the Chrijlian Rdi^ion^ the firfi Principles of the Reformation, and the
true Intcrefl of every Community. I fhan't therefore go about to
prove this Law to deferve thefe general Characters, but only ^xyc
thofe ill Characters of this Law, which are peculiar to it felfj and
prove particularly, that it is a great Inflance of Ingratitude to the
Proteftjnt DilFenters, that it is Ruinous and Deflrudive to the Pro-
vince, and a Breach of the Original Contrad between the Proprietors
and the People that inhabit it.
'Tis in the firll place a mofl; unjufi Return to the DilTenters, for
their quiet, impartial and obliging Behaviour to their Neighbours,
and for their kind and refpedful Deportment to the Church of Eng-
land. So far were they from undermining the Church, or attempting
any thing againll it, that they contributed voluntarily to the Main-
tenance of the Church of England Minifter in Gbarlcs-Torvn^ the Ca-
pital of this Province, the only Church of England Minifter that
there was at that time in the Province, before there was any publick
Maintenance fettled on him. And about the Year i^pS. Mr. Blake a
Dillenting Governour, thinking the Maintenance of the Miniller too
precarious, procur'd an Aft of AfTembly (in which there were 'a
great number of Dinimters) for the fettling a very convenient Houfe,
with a Glebe, two Servants, and i^ol.per^nn. upon the Minifter
of that Church for ever. And after the laid Ait had paf>'d through
B 2 the
Tk C^fe of the 'D'lfjaiters in Carolina.
the two Houfes by his Influence, he gave the AfTent to it : .The Go-
vernor in Carolina having a Negative upon all Bills, after they ^ave
paft thro both Houfes. And as he made feveral confiderable Prefents
to him ;, lb his Lady, tho a DiHenter as well as he, gave fome things
for adorning the Pulpit. This was the worfl Effeft that the Church ever
felt, of the Diffenters Power in Carolina. So far were they from re-
pealing any Laws in favour of the Church, when they had the Power
in their Hands ; that they made thefe ContributionSy and fettl'd this
Endowment upon the Church of Charles Town by Law, tho they were
under no Obligations to do fo ; but fuch as aroiefromthe deference
they had to the Government of England^ and a grateful Senfe both of
the Liberty it had granted to 'em, and of a Generofity fomewhat akin
to this, which the Churchmen had fliewn in their Regard. And as
they were uader no other Obligations, fo they had ho apparent
Interefl: that could induce them to the one or the other, befides that
which fhould induce Men to all handfom and generous Aflions. It
might perhaps indeed be imagin'd at this dillance, that this was
done to court Popularity with the Churchmen, in order togetthera-
felves elected for the future. But no Body can imagine this bat a
perfed Stranger to the Province, for 'tis notorious that above two
Thirds of the People of Carolina are DilTenters. So that nothing
feems to have engaged them to this Chriftian Behaviour, but a truly
Chriftian Spirit ^ which appears fromthe liberal Maintenance that
they fettl'd upon the Minilter, as well as from the Principles, which
in all probability engag'd them to fettle it. Thefe are the generous
Difpofitions, which an Univerfal and Abfolute Toleration permitted
Humanity and the Chriftian Religion to infpire Men withal in Caro-
Una: And which it would by a Parity of Reafon produce every where
elfe. For by this Inflance it is plain that it is not the Differences in
Opinion between the Church and Diifenters, that alienate th.e Minds
of the one from the other-, and 'tis as plain that it is only the In-
juries done to the Diflenters upon account of thefe Differences, that
do. But when Men once feel any Power opprellive and injurious,
'tis no Wonder if they then endeavour to leflen it.
But fo far has the want of Provocations been able to work thefe
Difpofitions in another fct of Men in Carolina^ who would fain be
thought the only Churchmen there, that even thefe fingular and un-
conftrain'd KindnefTes and Benefadions of the Diffenters to the
Churchmen have not been able to do it ^ but have only tended to
give them the Hard'mefs, as the impartial Behaviour of the Diffenters
has, to the continuing to them the Power to make th'vs difqualifjing Law.
A Law which hereby manifellly appears to be a returning of Evil for
Good.
Tie Cafe of the Dijfenters in Carolina.
Good, inftead of ,what good Laws, as well as good Adions, fiiould be
a returning of Good for Evil. What can fuch Ingratitude as this do,
but make thofe that are guilty of it appear to be void of all Principles
of Humanity and theChriftian Religion, and render them odious both
to God and Man ? And if the Men that have made this Ad fliould
pjfs for good Churchmen, and bethought and faid to have done it
for the Service of the Church, and fhould befupported and counte-
nanced in it, by Men that affiime and appropriate that Charaifler to
themfelves ^ what can all this tend to, but to render the Church as
odious as they are? For a Church that teaches and abets Ingrati-
tude, may pafs for any Chcirch rather than a Chriftian one. And
fince nothing is more apt to provoke Men than Injurys, heighten'd
by Ingratitude, what can in any likelihood keep Proteflant Diflenters
eafy there, unlefs they fhou'd take themfelves to be the Tribe, which,
according to the Patriarch's Preditlion, was' to be a llrong Afs,
couching under his Burden •, and fo fhou'd think themfelves oblig'd not
to endeavour to fling off their Burden, in order to fulFJ the Prophecy ?
And indeed Carolina is not the only Part of her Majsfty's Domi-
nions, where the Proteflant Diflenters have feem'd to adtupon this
Ferfuafion, and to have born the weight of the Proteflant Re-
ligion, without fharing the better part of its peculiar Advantages,
They have been forc'd both in England and Ireland iq yield themfelves
a perpetual Sacrifice to their Perfecutors, rather than to take Liber-
ty in common with the Papifts, to the Ruin of the Proteflant Reli-
gion, and our Civil Libertys. They haveexpos'd themfelves as far,
to procure Ex'clufions, Revolutions, and fuch like Securitys for our
Religion and Libertys, as any other Set of Men whatfoever.- But
when any fuch Securitys have been obtain'd, they ftil), like the Afs,
have born the Burden of the Taxes, of Loans, and any thing elfe,
for the Support of the Government •, thothey have been fo far from
ufually having had any of the fine Trappings, that other Animals,
which are often more for Show than Service, have been adornVi with ;
that they have not yet obtain'd any Security in lrda}id agixmil the
•heavy Load of former Perfecutions, and have obtained no fuch Secu-
rity in England^ as can prevent their Enemys riding them in feveral
Parts of the Kingdom. And this I fay, that the Proteflant Difien-
ters in Carolina may have this Confolation, fuch as it is, tiil they
can obtain a better, That they are not the only Proteflant Diilenters,
who don't meet v;ith their Rewards in this World, and are to Wait
for them with Patience in another.
And indeed the Chriflian Religion will obligethemto wait with
Patience: But yet the Ingratitude of thofe in Carolina^ that make it
r.eccRary
.'i;^ The Cafe of the Vlfjenters hi CaroliniJ
neceffary for them to do fo, can never be thought any thing by con-
fidering Men, but the height of Imprudence and Folly. For it is do-
ing all they can to make their Friends and Benefaftors turn their
greatefl: Enemys, and to make them more tlieirEnemys, who are fo
at prefent. And this particular Ingratitude of a Sec ot Men in Ca-
rolina, vi^ho arrogate tothemfelves the name of Churchmen, is the
greatefl- Provocation that can be given to the DifTenters, to repent of
the kind and handfom Ufage they have always given them there*,
and to teach the DifTenters, whenever they have it in their Power
.again, to«/ethem hardly, andkeeptbcmiffidsr -^ (ince they are not to
be won by fuch Inflances of unexampl'd Kindnefs and Generofity.
The unforefeen Changes and Alterations to which all Governments
are fubjett, ought to teach all Partys Moderation, and efpecially thofe
who are in Power :, but the Government of Carolina altering necef-
iarily with its Proprietors, and its Proprietorlhips (hifting daily from
one Owner to another, and being thereby liable to more frequent and
fudden Alterations than almofl; any free Government in the World
befides, makes Heat and Violence in any Set of Men in Power there,
a greater Prefumption and Madnefs than in any other : For it is giv-
ing an ill Precedent, that every one eafily forefees, by felling a Pro-
prietorfnip to day, may turn againft themfelves to morrow. And that
whichraakes Violence in thefe Men yet the more frantick and unac-
countable, is, that perhaps the very Title of the Proprietors, and
confequently all the Title which this Set of Men have to Povyer (they
deriving all their Power from thefe Proprietors) may appear to have
a great many more Flaws than one, when it comes tobelook'd into.
And fuch Violence and Ingratitude as this, may put Perfons upon fuch
an Examination of their Title for the good of the Publick, as per-
haps they wou'd not have undertaken barely for their own private
Advantage.
I
But tho all Ingratitude be Folly and againft our true Intereft, yet
the Folly of all thofe, whether Proprietors or Inhabitants oi Carolina^
who have had any hand in padlng this Law \ and the Manner in which
they have aded inconfiftently with their own true Interefl and Advan-
tage, is abundantly more obvious and complicated, than an k^
of, mere Ingratitude can be. 'Tis a known Maxim, that all In-
fringements upon Liberty, and particularly upon Liberty of
Confcience, the moft valuable, and perhaps the only indefeafible
Branch of Liberty, tend to flacken Indujlry, to hinder Propagation and
Increafe, to prevent Men from coming to fettle in thofe parts of the
" ' World
The Qafe of the Di (fait en m Carolina. i j
World which are the moH inviting, and to drive thofe who are al-
ready fix'd and fettled there, to feek new Habitations in the very
Sinks of the Uiiiverie, where they may but enjoy this defirM Liber-
ty. We have a clear and undeniable Inllance of this in Greece^ where-
there are not now, under the abfolute Government of the Great
Turk, according to a modelt Computation, the one hundredth part of
the Inhabicants, that there were. whg,n they were free Governments i
And by this means that Country is perfectly over-run with Briars
and Thorns j and an inexprefFible face of Barrennefs, Poverty
and Want, covers all that Territory, which was once juftjy re-
nowned for the greatefl Fruitfulnefs, Trade and Riches of the
World. And the Mifery which the /di^ Perfecution has produc'd la-
the Country, and in the Towns and Villages of France^ in fo fhort a-
Time, is a very convincing Proof, that all Violations of Liberty of
Confcience will produce the fame fatal Effects, as violating the Civil
Rights of Mankind. And on the contrary, Holland, a perfed Bog,
fit for nothing but what it was, the Habitation of a few poor Fifher-
men, is, by the great regard it has to the maintaining Liberty, and-
particularly Liberty of Confcience, become the very Garden of this
part of the World.
But that we may not talk of Places at a diltance only, Have not
the Perfecutions that have been fee on foot here at home, by Prote-
ftantsagainft Proteftancs, ever fince the Reformation, driven an infi-
nite number of People from our happy Climate, from their Habita-
tions, Friends, Relations, and Chriftian Acquaintance, to run thc-
ha?,ardsof tranfporting themfelves, with their FamJiies and EfFe^fts,
to very remote Parts of the World, either wholly uncultivated and
uninhabited, or where there were none but a wild ignorant and fa-
vage People, who had nothing but this to recommend them, liiat:
they were by far preferable to their OpprelTors ?
If then Perlecution can drive Men from the bell Countrys,-
and depopulate the moR- healthful Climates, the moft fertile
Soils, and the moll cultivated P.egions •, will it not eaiily de-
populate a Country which has not thefs Advantages ? The ve-
ry Reafons which drove Men from hence to Carolina, or which^
tempted them to flay there, are no// cecijtd, and driva Men from,
thence into other parts of the World. Liberty of Confcience, the.
Pearl of great Price, that the Dilfenting Inhabitants have fold all. they,
had to purchafc, they arenow depriv'd of j and the very Property.*
that poiTibly others of baler Minds might go to feek, they have now
no great reafonto think themfelves fecure of neither : Nay, the ve^
ry Reproach which they perhaps avoided here, when they forfook.
their
i 5 The Cafe of the V iff enters in Carolina.
their native Country, has overtaken them there, where they are
now counted as the Off-fcouring of all things. WhilH-, God be
prais'd, the Liberty that had left our happy Ifland, and was banifh'd
to thefe remote Parts of the Englifh Dominions, has viHted it again •,
and feems now likely to continue and fix araongllus. So that the
Birth and Deflrudion of this Province, will in all probability be
owing to the fame Caufs : For t^iere are now great Numbers of the
principal Inhabitants, who have refblv'd to tranfplant themfelves
into other Parts, as foon as they (hall fee that there is no Redrefs a-
gainfl this A(ft to be obtain^. '
But perhaps the People of Carolina 2ive in the Cafe of the Antient
Goths and Vandals^ or at leall of the prefent Swifs^ and have more
Inhabitants than that barren Country can maintain : And that there-
fore they wereoblig'd to make this Law tothin it, and drive fome of
them away. This wcu'd be thought a fevere Sarcafm if it were faid
in Carolina^ or to any that knows that Province -, there being not
above a Thoufand Souls to inhabit a moft fruitful Country of Three
hundred Miles in length, and no Man can tell how many in breadth.
Sec the King Charles the Second having granted the Proprietors all the Land"
charter Weftward in a diredt Line, between 31 and ^6 degrees of Nor-
p.i. asal^ thern Latitude to the South Seas. Therefore this is faid only to give,
cLtrtei: ^^^^^ a true Notion of this Law, who are perfect Strangers to the
Place.
But then poITibly it will be imagin'd, that this Ad affects but a,
few of the Inhabitants of this Province, and thofe the Mean, the
Lazy, and the Vicious ^ and that therefore it is but facrificing a fmall.
Number oj unworthy Men to the Peace and Quiet of a Country ;
Or that it is but letting out a little ill Blood, which is readily to be
parted with for the Health and Vigor of the Body Politick, tho per
haps it may not abound with too great Quantity of that which is of a
jufl Temperament. Something like this at lealb was pretended and
alledged againft the Diflenters in England, when Perfecution drove
them from hence to thofe parts of the World: But this is fofar^
from being the true Reafon of paffing this Ad, that the Fads them
felves are notorioully falfe ^ as indeed they were in refped of thoff
whom the Penal Lav^^s drove from hence. But yet with this difFe
rence, that this Pretext, according to the Prejudices that were ge-
^ nerally entertain'd againft the DifTenters here, carried fome Face and
Plaufibility along with it^ whilfl there is not the leaft colour for
thefe Allegations there : The Proteftant DifTenters being above two
Thirds of the Inhabitants of Carolina, as well as the molt fober, or-
derly, and the richelt, that is, the moft Landed and Trading Men in
the
The Cafe. of the Dijfenters'm Carolina. i^
the Province. Such a Cha-iadler as this of the Dinenters of that
Province, I am afraid won't be taken upon Truil, from the bare
Aflertion of a Man that writes in their defence, and that in an Age
when no Accounts of Writers are much farther ailow'd than they
produce Vouchers for^ but efpecially when they are in favour
of Diflenters, where the leall Article is hardly to be taken upon
thebefl Credit. But I hope the Account which the Minifcer of the
Church of England in Charles-Town, formerly a Noa-JACP.r, that has
refided therefor leveral Years, gives of them, maybe ailow'd to be
a good Authority. He has this remarkable PaHage, in a Letter which
he writes to a Reverend Dean of the Church of England., Dr. St-nh-p,
a Copy whereof is hereunto annex'd ^ " ^nd I a little favouring the N\ 12.
'■*■ Biffenters, veho generally are the fobereji, mofl numerous and richeji
" People of this 'Vrovince \ Some Men that are now in Power have for that
" reafon been my Enemies.
And for whofe fake, I pray, mull two Thirds of fuch Inhabitants
be driven away ? Why truly if you will believe the fame Authori-
ty, which I think in this Cafe no body will difpute, *tis for the fake of
a Set of the mofl irreligious, flagitious^ tyrannical Men in the whole Pro-
vince; who appropriate to themfelves the ^^ame of C^Mrc&-wf«, tho
they feldora or never go to Church themfelves, have never receiv'd
theSacraraent thefe five Years ; and have little other Pretenfions to
this Tide, than their unwearied Endeavours to prevent their fcru-
pulous and confcientious Neighbours from going to worfhip God any
where elfe. His Words are thefe in the fame Letter, Our lajl ^jfembly
being compfed of many Mm of very loofe and corrupt Morals, 6cc. And in
his Petition to the Palatine and Proprietors of C^rt^/m^ hereunto an-
nex'd, he tells them, That he 15 forry to inform their Lord/hips, that mofl ofN^. iq.
the late Members of Ajfembly, have been cbnfiant Ahfenters from the Holy
Sacrament &f the Lord's Supper -, tho for thefe five Tears pafl he has ad^
minijlred it in his Church at leajl fix times a Tear : So that it is no wonder
they have infer ted an abfurd Oath in a late A^, to be taken by Members
of the Commons Houfe of Affe^nbly^ inflead of conforming to the Church
of England, by receiving the Sacrament of the Lord's Supper^ according
to the Rites of the faid Church, And in another part of his Petition
he fays, That many of the A/cmbers of the Commons Houfe that pafl this
difquoilifying Law, arc conflant abfinters from the Church ; and Eleven
of them were never known to receive the Sacrament of the Lord's Supper -, ■
and fo perhaps their Religion may be to fcek. And the whole Petition
fufficiently fets forth their tyrannical Proceedings, of which we fhall
give a farther and a more particular account. And in his Cafe
hereunto annexed, he calls them a fet of illiterate and wircafinabk ^f^- 14. •
C A fen :
1 8 The Cafe cf the Vlffinters in Carolina.^
Men : So that according to the Account of this Clergy-man, this
. Act will be fofar from letting oat the ill Blood of C.irolina^ ihn it
will let out that good Blood, whofe Office it is in the Opinion of
ibme Fhyficians to be the Framim hilh^ and to leave nothing but ill Hu-
mours to over-run the Body v;iLhout controul. 'Ivviil be to fling
away the Salt of this Province, which is to be its Savor j and to give
up every thing there to Tafllefncfs or Corruption.
But in order to give the true Charader of this Set of Men,
there is no necefTicy to quote any Works but their own. They
have drawn their Pifture to the Life in this infamous J[}^ and in
feveral of their Proceedings that have pav'd the way to it. In
which we may plainly difcover Irreligion and OpprefTion to be
the very Complexion and principal Lines of their Minds. But
in order to let the World fee what were the Views that induc'd
this Faction to endeavour to obtain this Law, whofe tendency
to ruin the Province mult have been io obvious to them, as to make
them fenfible that they themfelves were at lall to become Sharers in
the Calamity ^ it is neceffary to let the World know the State of
Carolina at the time of their bringing in this Bill into the xAflembly.
And in order to give an Account of the State of this Province at that
^"'^ , , time, we mult go as far back as the Year 1700. When upon the death
^^^^^^. ^r of Governour Blah^ Mr. James Moore procur'd himfelfto be elefted
feveral of Governour in his room, by divers indired and illegal Pradices. This E-
thiMemb. leftion is made by the Council, which is composed of the Proprietors
oj this Deputys : And they are the Heads of that Fadfion from which all the
nfur^'foT ^^''^^'"y^ °^ ^^^"'5 Province chiefiy proceed. They appear'd extreme-
ColL ^y follicitous to put PovVer into this Man's hands, in hopes no doubt
Cokniy.and to have it given back into their own ^ that fo they might thereby have
other In. an opportunity to repair their broken Fortunes at the Expence of the
babit.vUi pQ5iic|<j. After they had by thefe Methods obtain'd a Governour,
Province-, whofe Debts and Necefilties were like to put him upon any violent
C. 2. ' Meafures, that could turn to the private Advantage of theFaftion:
He in the firft place made all hisElFortsto fill up a Council', and in the
lb:d. next place, which was in the Year 1701. to obtain fuch a Commons
I-Joufe of Affembly, as would be moft fubfervient to his private
Art I Views: Both of which he obtainM accordingly, and the laft by the
mofl illegal Eledtions and Returns;, that perhaps a free Country ever
heard of. And to prevent a Redrefs of thefe undue Eledions, he
Ar:.2. arbitrarily prorogud thQ AHembly feveral times, when the Commons
Houfe were enquiring into the faid Eledions. And when the AQem-
blV was to be fuller'd to meet, in order to quiet the Clamours that
were araonglt the People againlt fuch Arbitrary Proceedings, an
illegal.
7he Cafe of the Dijfenters.in Carolina. to
illegal, expenfive, and hazardous Expedition, was propos'd agalnil
Fort Sn. Augujlim \ partly to enricli themfelves out of the Mony tiiat ^^f- 3.
fliould be allowed for that Expedition, and out of the Booty that
fhould betaken-, (tho, by Law, that ought to be divided amongfl;^''^- ^'
the Soldiers) and partly to ^re-vent an Enquiry into thefe undue Elec-
tions. And that no body might attempt or move the fame Enquiry
again, nor oppofe the faid Expedition, the Allembly was deny'd the Art. 10.
Liberty of Free Deh-Me. When it was propos'd in the Houfe to con-
firm the Fundamental Confticutions, which they knew would fettle
the Country, and prevent their Abufes ^ they ridiculed them a^ void Art. s.
and ah fur d in themfelves, and not fit to be deciarM the Pvule of the
Government: Tho it was by thefe very Confticutions, that they had
the Power of a Commons Houfe of Aifembly. But it was neceffiry
to keep the Province in this unfettkd condition, on purpofe that they
might have the better Pretence to ad or not to aft, according to the
faid Conflitutions, as it (hould bell fait with their private Interelt.
And as the faid Governour and Council had prevented any Parlia-
mentary Enquirys into Irregularitys, that had been committed ia
pafl: Eledions and Returns to Parliament j fo they reje^ed a Bill for
regulating Eledions, and preventing the like Abufes for the future
( which paflcd twice through the Commons Houfe) without fo much
as a Conference.
And to terrify thofe Members who flill Hood up in the Commons
Houff, for the Dignity of that Houfe, and the Libertys of the Pro-
vince, a Riot was rais'd upon them by the Juftices of the Peace, the
Militia Officers, and other Agents of the Governor and Council, to
their great Damage and Danger, in manifefl Violation of the Liber-
ty of the Subjedt, and of the Privileges of Parliament. And one
of the Commons Houfe of Affembly was violently drag'd on board a
Ship, there unlawfully detained, andthreatned tobehang'dor car-
ry'd lojam.iica^ or left on fome remote and defolate Ifland. As tins Art. to.
Riot was )'i3i5'^, encourag'dand countenancd by the faid Governor and
Council, and as no AlUftance cou'd be obtainM to quell it ^ fo all
Methods to enquire into and ^unifh the fame have been render'd inef-
fectual, and the Courfe of Juftice entirely flopt. For Sir Nath.mkl
Jobnfoii was made Governor in the room of-vthc faid Governor
Moore -^ the faid Governor ^oc;/'(? was prefently made Attorny Ge-
neral, and Mr. Trott^ another of the chief Abettors of the Riot,
the Chief Julticeof the Common Pleas, who in this Province is folc
Judge. Sir Nathaniel Jobifcn was General of the Leeward Iflands iii
the Reign of the late King James \ but he quitted his Government
upon the Revolution, and retir'd to Carolina^ where he liv'd private*
C 2 ]y
20 7he ^afe of the Vljfmers In Carolina.
. ly till the Death of the late King y^wej : Upon which he firfl took
the Oaths to the Government, and fome time afcer was made Go-
vernor of the Province. And he has fince his being Governor ap-
pointed fuch Sheriffs 3S prevent all Profecutions of this Riot at their
AfiizesorQuarter-SelTions (which are the only Courts of Juftice ia
this Province where Crimes of this Nature can be try'd and where
the faid UwTrott is fole Judg) by returning fuch Jurors as were known
Abettors of the faid Riot. So that there is a total failure of Juftice
and nothing but Corruption in the whole Frame and Adminiftration
of Government.
Thefe Confpirators however faw that a new Parliament might fet •
all things to rights again. And therefore when the time of a new
ff^rncn- Eledion Came, which, according to their Gonilitution, is once in
tthns t^o years, theyrefolv'd to procure, a Commons Houfe of Affembly
h'°2.iii'^^ the lame Complexion with the former, and by m.ore illegal Prac-
tices, if thofe they had us'd in the former Eledions wou'd"" not do
their Bufiners. Their Defigns took effed, and fuch a Commons
Houfe of Affembly was returned, as fully anfweiM their Expedations
But becaufe they faw that the illegal Methods they had taken at thefe
two Eleaions, and that they Ihou'd be forc'd to take in future Elections
wou'd at length, when Men came to cool, fet the Minds of all the Peo-
ple again ft them; and that then a Parliament wou'd in all proba-
bility be chofen that wou'd enquire into thefe Grievances and take
effedlual care to bring the Authors of them to condign Punilhmenf
therefore they now refolv'd to carry on their Violences by Larv and
cover and fandify them by that ufual Pretext. Knowing therefore
that thofe who had been the moftadive in endeavouring to prevent
the Ruin of the Conftitution, were Diffenters ; and that if they
cou'donce exclude them the Commons Houfe of Affembly they
fhou'dnever bein Danger of being call'd to account, for facrificin^
thus the Conftitution of the Province in all its Parts, to their own
Avarice and Ambition i becaufe there is not a fufficient number of
moderate Churchmen in the Province, who are qualify'd by their In-
tereft and Figure for being chofen into the Commons Houfe to out-
vote their Fadion ^ they brought in this Bill to exclude Proteftant
Diffenters from ever fitting in it for the future. The Title of that
Ad is, AnAa for the more effetlual Prefcrmtion of the Government of
tbvs Province, by requiring aU Perfons that JhaU hereafter be chofen Mem-
bers of the Commons Houfe of Affembly^ and fit in the fame ^ to^ &c
and to con for m to the Religious IVorfhip in this Province, according ' ]o the
Church cf England, and to receive the Sacrament of the Lord's Sutler
according to the Rites andVfage of the faid Church. Whereas the Ad
only
The Cafe of the Dijjenters in Carol jna» 2 1
only obliges /owe Per fens that fha II hereafter be chofen Members of
the Commons Houfe of AfTembly, fo to conform, and fo to receive
the Sacrament. And whom does it To oblige ? Why thofe who con-
fcientioufiy receive the Sacrament, according to its Inftitution, with
the DilTenters \ but fcrupleto receive it, according to fome Rites of
human Additions, in the Church •, which are allow'd by the Church it
feif to bs indifferent, and fcrupPd by fome of thefe Dillenters as un-
lawful. And whom does it not oblige ? Why thofe who impioufly
refufe to receive i-t anywhere, and to prepare and fit thernfelves
rightly fo to do, according to our Saviour's pofitive Injundion and
Command. Which is to exclude fome confcientiousMen out of the
Commons Houfe, and to make an exprefs Provifion tokeepin feveral
of thofe, who refolve to lead Lives, for which their own Confcien-
ces reproach and condemn them. And this is thefenfe thatthnafore-
faid Clergyman has of this Aft, who tells the Palatine and Proprietors,
in the Petition above quoted, That he cannot think it- will be much for the
Credit ay^d Service of fk.C'/j^rct'o/ England there^ that a Door fJjou'dhe fo
directly open''d^ and fuch Provi/ton made for the mofi Loofe and Profligate
Ptrfomto fjt and, vote in- the making their LawSy who will but take the
Oath appointed by the faid Act.
B^\Mto^\\diX, Abfurditys^ to vthat hconfiftencys^ to what F/7/{?«>' will ^
not Fadion and Bigotry lead Men ? Here is an AcV, whofe Title and
enacting Part do in fuch expliciteand pofitive Terms contradid and
overthrow each other, as leaves no room for the blind-cll Charity to
excufe, the Men who fram'd and pafsM it, from the moll deilgn'd
Cheat and Hypocrify imaginable. Nor does the Title and Ad cora-
par'd together contain all its Illufions. For the very Preamble of the
Ad it felf is founded upon two manifefi: Falflioods, That it hath heenseethePre.
found by Experience^ &c. and that by the Law i and Vfage of England, <z/«3/e fo
iyc. and is every whit as inconfiftent with the Body of the Ad, as^^;|^^<^,
the Title is. For it aflerts that nothing is more iiiconilftent with the ^'* ^'
Chriftian Religion, and pni'rticularly with the Dodrinc of the Church
of England^ than Perfecution far Confcience only : And neverthelefs
enads, That every body (hall be perkcuted who abftains from re-
ceiving the Sacrament, according to. certain Rites of thc.Church of
England^ for Confcience only. It aflerts. That, a Man may be a fin-
cere Profeflbr of the Religion of the Church oi . England^ and a fin-
cere Conformill to the fame, who neither receives the Sacrament
with the Church, and who owns himfelf not rightly and fitly pre-
par'd already to receive it, and yet do.es not profefs any Defign to
prepare himfelf any better foe the time to come.
Nor
2% The Cafe of the Vlffenters in Carolina.'
'Nor was this Bill framM to exclude Proteflant DifTenters only the
Commons Houfe of Aflerably, h)M all moderate Churchmen^ and to fill
the Houfewith Men of the mofl: high and violent Principles in the
' Province. So much theFramers of this Att had it in their View to
• ftrengthen a mere Fadioo, that arrogate to themfelves the name of
- Churchmen. For it takes aU imaginable Care, that when by this
Adi a Diilenter (hall be turn'd out of the Commons Houfe of AfTera-
bly, a Man of high and violent Principles may ipfo facto fucceed
'Iiim. For they do not enaQ-, that upon a Diilenter's being turn'd out,
a new Writ Ihall ilTue, as in all Reafon and Juftice they ought to
have done, left the County that fent a DifTenter, fhouM fend a
Churchman, who fhou'd prove as little to their purpofe. But in-
Head of ordering a new \A/rit to ilTue, order contrary to the very
-naturtof a fair Reprefentation, that the Candidate, that had the
greateft Number of Votes next to the DilTenter, fliall be the Repre-
fentative of that County : Men of violent and perfecuting Principles
being the Men that are ufually Competitors with the DilTenters at
fuch Elections.
And thus they have fecur'd the Commons Houfe of Aflerably to
their own Fadtion : And by fecuring that, they have, as far as the
nature of their Proprietary Conftitution will permit, [ecur'^d the Go^
<veryimeyit entirely in their own Hands •, they having no upper Houfe,
■ confining of an Hereditary Landed Nobility, as by both the firft and
' laft fundamental Conilitutions they ought to have. Inflead of which,
•their upper Houfe confifts only of the Deputys of the Proprietors,
who aifo compofe the Council. By which means the Board of Pro-
prietors have the power of three Eftates, as well as all the executive
Power of the Province •, whereas by their fundamental Conftitutions
they ought to have but the Power of one. And thus the moil equal
and befl: balanc'd Government, that perhaps ever was in the World,
where thefeveral Parts of the Government were the trueft Checks
-upon each other that couM poflibly be devis'd, is dwindled into a
• iingle Fadion fubjedt to no Check or Controul.
Thus we fee with what Views to the State this A(^ was pall. And in-
deed I fcarce believe any body ever thought that this Ad in Carolina^
or a Bill of a like Nature here, was ever defign'd for the good of
the State •, which all narrowing and fecluding Laws muft neceflarily
• weaken and enervate. Upon which account fome were againft a
Bill of a like Nature here in a time of U^ar, that wou'd have been
^ for it, for the fake of the Church, in a time of Peace. Tho that only
amoi^ntsto this. That they were againft weakening England in a time
-of War, left the Church fliou'd fuffer by if, but that they wou'd
be
Ihe £afe of the D'.fj enters in Carolina.' 2 j;
be for weakening it in a time of Peace,' becaufe the Church wou'd
then be out of Danger. Thus a Society, which fome Men call the
Churchy is fet up a^ a Corporation within our felves, whofe Interell
is diredly inconliRent witiithe Good of the States at the fame time,
thatit is thought fuperior to that of the State : VVhich it feemsisto
be intirely fuboidinated to the Benefit and Advantage of this Soci-
ety, whenever they come in competition. And tho the Sabbath was
made for Man, and not Man for the Sabbath ^ yet it fhouM feem, ■
that, in their Opinion, Mankind was made for a Set of Men that
call themfelves the Church, and -not the Church for Mankind. So
that the only Difpute between thofe Men, who wereagainfl a Bill of
a like nature here, becaufe it was a time of War, and thofe who
were for it, .notwithilanding it was a time of War, was only which
was moft for the Benefit of this Corporation ^ whereas the Good of
England was quite out of the Qjjeflion depending betwixt them.
But they might eafily havefeen that fach an Act as that wou'd have
pat the Churchy as it is a dilfiact Society from the State, into almoli;^
as great Danger as the State it felf. For it had put the Church intire-
ly into the Hands of a Faction, which might have turn'd againll the^
Church it felf, and fet up for the Nonjuring or G'^//7(:^;i Giiurch, or-
have got the whole Ecclefiaflical Power into their own Hands, and
have made a Lay- Church, and themfelves the Biibops of it. For wheii>'
a Tyrannical Power is once eflablifn'd, the very Men thateftabliiird
it have no Security that they fhan't be the firftthat ihall feel its dire
Effedls ^ or at leafl, that they (hail not be drawn into and fuck'd up
in that bottomlefs and unfatiable Whirlpool. This I mention the-
rather, becaufeit is wliat has atflually happen'd mCarolina. For the-
very Fa(?(icn that this Ad has confirm'd and eilablifh'd there, has
lince cenfur'd the Reverend Mr. Marflon^ Miniller of the Churcli of
EnglandiwChirkS'Town^ for three Pallages of a Sermon preach'd by
him tiicre: Tv^o of v»^hich PalTages were not in the faid Sermon, nj'tz..
The firfl: and the lafl. And the third Faflage (which was the fecond
Paflage charged upon him) was only, that, the Clergy had a Divine
Right to a Maintenance : As may be fecnby a Paper hereunto annex'd. A^'ir.
And after this Faction in the Lower Floufe had cenfur'd Mr. Mnr(ion^
for thefe PaOages in his Sermon, they proceeded to make an Ordi-
nance (which is only a Refolution of both Houfesj to deprive Jjini
of his Salary fettled on him by Adt of Parliament, and of 50/. be-
fides due to him by an Ac"t of Afl'embly : And both the Cenibre and scehnFe-
Ordinance were made, without citing hira or giving him any Op-^/Vm,!
portuniiy to vindicate himfelf. A" 13*
And
1 4 7a?^ Cafe of the Viffentcrs in Carolina.
And they have fiuce colour'd over their Violences againfl this
Clergyman by a Law, as they did their V^iolences againfl the Peo-
ple in general, as has been before obfery'd. And have fince this
Cenfiire and Ordinance brought in an Aft, as prejudicial and fatal to
y- lo. Epifcopacy, as the former was to the Toleration : A Copy of which
is hereunto annex'd. By which Ad they have intirely wreiled the
Jurifdidion oveV the Clergy, out of the Hands of the Bifhop of
the Dlocefs, and havefet up a High CommiHion Court, and given'
:kc the themfelves a merely Ecclefiafcical Cognizance, as it was notorious
c.^,/eq/r/'e f{^py threatned they wou'd fome time before they accompli fh'd their
"^r'jjf f. Defign. And a much larger Cognizance it is, and a much greater
ton /we- Power, than the Crown or the Bifhops have over the Clergy here.
unto an- And however quietly this may be fubmitted to by the Diocefan,
vcxd, now 'tis done by good Churchmen, yet 'tis eafy to conceive what an
•'^^ H- incredible Clamour this wou'd have rais'd, as a Defign to ruin the
very ElTence and Being of an Epifcopal Church, if it had been done
by any others. But 'tis very evident, that Characters and Names are
fiirft fix'd upon Men, and that all their Anions are judg'd of by
-.- thofe Characters. And fo it comes to pafs, that fome Men are ne--^
ver allow'd to do any thing for the Service of the Church, as others
canfanftify thegreatefl Sacrilege. Thus among the Pure, every
thing is pure •, whilft by the Impure, every thing is defil'd. By this
means are the moft illegal Pradices againft this Clergyman jultify'd
by a Law, that is it felf as illegal. And no body, I believe, that
takes thisto be the Cafe, will at all wonder, that Men that have af-
fum'd a Power to themfelves fo deftrudive of the Conftitution of the i
Church of England., have fince us'd that Power as injurioufly as they
have acquir'd it, to the depriving this Gentleman ab Officio^ as the
Commons Houfe had done by an Ordinance, a Beneficio. For 'tis
tobeobferv'd, to this Clergyman's Honour, that he preach'd in his
Church as long as the Government wou'd allow him that Liberty,
after he had been, by the moft complicated Injuftice imaginable, de-
priv'd of his Salary by an Ordinance of both Houfes.
By all which it appears,that the fole view of that Set of Men,w ho have
abetted and pafs'd this Ad, was fo far from being any defign to reftraia
the DifTentersfor the Good of the Church or State, that it was nothing
but a Confpiracy to deftroy the Diflenters, and every thing in their Civi*
and Eccleriaftical>Confl;itution,that did but reftrain'em from an uncon-
trolable Domination in the one and the other, in order to make them-
felves by the Ruin of both. But every thing that did but check or re-
ilrain 'em being now remov'd out of the way, and the Fadion having
ingrofs'd and perpetuated the whole Power of the Province in their
own
The Cafe of the Dijfentersin Carolina. ^^
own (hands, they found they had nothing to fear but from £n^/rf«^;
where they knew a Redrefs of thefe Grievances mighc be obtain'd.
And they were fo juftly apprehcnfivelen; thefe Arbitrary and Tyran-
nical Proceedings fhoisld come under the Cognizance of the Queen
in Parliament, or in her Courts of Wcjlminjler-hall^ whofe. Na-
ture and Principles make Juft ice and Mercy the happy Temperature
of her Reign \ that they took all imaginable Precautions to prevent
any Accounts of thefe intolerable Grievances from being fent hither.
They were very fenlible, thither Majefby, who takes care that the
mearieft and the remoteft of her good Subjeds, as well as thofe who
have the Misfortune to differ from her, fliould find in fo great a Mea-
fare the Equity, and the Gentlenefs of her Adminillration ^ That She,
I fay, would never fuffer her free and liege People of Carolina to be
the only Perfons who fhould unfortunately feel the heavy Yoke of
Perfecution afld Slavery.
They therefore in the firll; place were very watchful to prevent Mr,
u4-b from coming over into £w^/i?;^^ in behalf of thefe oppreft People ;
fo that it was not v;ithout the greateft Hazard and Difficulty that he
got away from Carolina to Virginia^ where he was forc'dtoftay till
his Powers and Inftruftions could be convey'd after him. From thence
be came to England^ ani after he had been here fome time, and made
earneft Application to the palatine 3.^^^ the Board of Proprietors for
a Redrefs of thefe Grievances without any manner of Succefs, and
without any farther hopes of obtaining any, he refolv'd to have pub-
lifh'd a full Account of all thefe Grievances in a Pamphlet entituPd,
The prefent State of Carolina. But he only liv'd to print a Sheet of
it; and his Papers being fent over to his Relations in Carolina hy A Ccpv
Mr. M—fd~y his pretended Friend and Confident,were trcacherouHy »''^^'''^/^
deliver'd to the Governor's Agents, and as treacberoully receiv'd by '■""'^"'^f
them. And they finding themfelves juftly expos'd in 'em, have ftifl'd ^T'^" "'»
and fuppreft 'em to the great Injury of his Relations, and the oppreft ^'
People of Carolina: Since the Account of a Gentleman fo throughly
acquainted with their Conftitution and the Violations of it, and who
was fo fenfibly touch'd with the Injuries he faw and felt in confe-
.quenceof thofe Violations, mufl: needs be but indifferently fupply'd by
any other hand : Efpecially confidering that the Governor and his
Agents have profecuted and infulted fevcral of the Inhabitants, and
particularly Landgrave 5w/f/j,upon the account of fome private Letters
which they fent to the faid Mr. -^— &, whilft he wasin r/V^m;^and
England, and wliich were found among the Papers that were deliver'd
by the faid Mr. M — fd y to the Governor's Agents. And by
thefe and fuchiike Methods they have terrify'd and fiighten'd others
D from
2 6 *! 7he Cafe of the Vijjcnters In Carolina^
from fending the like Accounts. They take great care too to infcrccpt
fuch Accounts as they can't intirel y prevent •, and deter us from pi inting
feme of thofe Accounts vvehave,by the barbarousUfage they havcgivea
tothoie, whom they have difcover'd to have conelponded with the-
faid Mr. A~h. This Account of the Arbitrary Proceedings of the
Government againfl: fuch as dare write their Mind too freely, will I
hope excufe it to the Reader, if feme of the Accounts we have.given
of the Grievances of Carolina^ be not fo clear or fowellvouch'd as
might be wifliM \ together with the Misfortune that befel two Ships,
which were coming from thence to England ■■> by which, notwith-
ftanding thefe Arbitrary Proceedings, fome of the Principal Inhabi-
tants had ventured to fend a full Account of the prefent State of
things there to Mr. B — ne^ the prefent Agent on their behalf. And
as Providence hssfavour'd the Authors of thefe Grievances by the lofs
of thefe two Ships *, fo they hope by all the fteps which they themfelves
have taken, that they fhall be skreen'd for evQV fromjufdce^ and that
they have perpetuated the Power of making and executing Laws in the
hands of afmall Fa&ion, that will not fail toenail both partial and en-
fnaring Laws^ at the fame time that they take care to execute the Lavs
thty m2LkQ with the fame partiality wkh which they made them;, and fo
turn the whole Courfcof Jujlice into nothing but Favor and Ofprc/fwn.
To the Shame ot the Protellant Religion, of the Church of Eng-
Jand^ and the free Spirit of an Engli/hman, mull fuch an ^6t and fuch
Pradlces as thefe for ever ftand upon Record ! Proceediiigs that per-
haps the Jefuits, out of all the Archives which contain tlie Kiltory of
their bloody Contrivances and Machinations to propagate Slavery and
Superftition, can hardly produce any thing to out-(hine ! Proceedings
which will not only give juft Scandal to all Chridian People, b'Jt even
to the barbarous and favage Natives of the Place, tho their Converfioii
totheChriftian Faith is faid to be one of the Motives which induc'dthe
■ King to grant the Charter. But thefe Proceedings inflead of converting
'em will )u[t\y fear e 'ew, andkeep 'eiiiatadiftance froma Religion
whofeProfelTors they find to be guilty of fuch Pradices, oratleaflto
abet and countenance 'j^lfinllead of thofe convincing Methods of Gen-
thncfs.good VfageandrW^^tyJutahk to the Rules and Defjgns of the Gofpel,
by which, as the pvffcjjy-of the Fundamental Gonflitutions admirably
cxprelTcs it, they canwonebe won over to embrace and unfeignediy
receive the Truth. And I hope all Men who have been celebrated for
luch Patrons and Heads of the Church,a^s that its very Security has been ,
at leall pretended to ebb and flow with tiieir Power and Credit in Eng-
land-^ 1 horej fay, if any fuch have had any hand in pafTmg this Bill, that
they will either difown what they have done, and convince the World
of
The Cafe of the Dljf enters in Carolina^' 17
of the sincerity of their Repentance, by undoing what they have fo
unjuftly done i or if they will not, that in Jufticeto the Church of
■England they will difown her, or at lea ft that fne wUl for her own
Honour difown them. And if any of the Perfonswho have had
any hand in pathng this Bill, have any defign to bring in a Bill of a like
Nature here j 'tis to be hop'd, that the DilTenters in Carolina will at
leaft gain their AlHftanceby that means towards the repealing it there,
till the like Adbeobcain'd here. Since 'tis certain that the Me-
thods by which this Bill has been obtain'd there, and the Effei^ts it has
produc'd, are very far from recommending it Co any true Friend of
our Conftitution in Church or State.
Thus it appears what the Men are that this Ad will in all Probabi-
lity drive out of that Province, and what fort of Men they are that
drive 'em out of it. Let us fee then the Ruin and Deftruiliion that
rauft necelTarily enfue-upon its being abandoned, by fuch a Number of
fuch Inhabitants as this Ad alone will driveaway^ without reckoning
thofe that may be driven away by the other Infradions upon their
Conftitution in Church and State, that have both preceded and fof-
lovv'd it. And even the Depopulation that this Ad will produce^muft
necellarily be the utter Ruin of that Colony. For the Riches of a
Country are its Produdions, which are to be barter'd for other Pro-
dudions, of other Parts ot the World, its Produdions are the
Effeds of Induilry, and Induftry the neccffary Effed of the Number
and Increafe of Inhabitants. So that it you hinder the Increafe and
lelfen the Nu.mber of the People, you abate and put.a ftop to all the
reft. When the Hands are gone, that us'd to manure the Land,
clean the Rice, and graze the Cai tie •, and when the Merchants are
remov'd, that dealt in Furs, Pitch, Tar, Corn, Slaves and Negroes,
with other profitable Commodities, what will Proprietorfhips,
Signiorys, Baronys and Colonys be worth ? And what v;ill become
of tju; Revenue of Induftry, that arifes from the very Management of
thefe feveral Bianchesof Trade? _ .
The fi''-fi proprietors were fo fenfible that notnf)g could people that
Province, and enrich it, but an Univerfal and Abfolute Toleration,
that they made the moft exprefs and ample Provifion for fuch a To-
leration, that ever was made in any Conftitution in the World.
As may be feen ^ 96^ 101, 102, 106. of the fundamental Confti- '^'' -'
cations ot Carolina : Which I am fatisfy'd will give a fenfible Pleafure
to all true Friends to Liberty, who have not feen thofe Parasjraphs, to
■rule. And that which is the more remarkable, is, that this ample
Ficvihon was made by feveral of the Proprietors, who were at that
:inie cbitf Injlruments of the Perfecution that was carried on againft
U 2 the
i8 the Qafe of the Viffcntns in Carolina.
the Proteftaat Di (Tenters here, as the Lord Chancellor Clarendon^ the
Duke of Albermarle^ Mailer of the Horfe, and others: VVeli knowing,
that how muchfoever it might be for their private Interefc to infti-
gate King Charles II. to profecute his Proteftant diilenting Sub-
jcdi^ in England^ and to promote thofe Profeciuions as much as they
cou'd, in order to keep the Places and Power of England in their own
hapds, that fo they might raike their Fortunes at the E^'pence of the
Publick ^ yet that nothing but the largell and befl fecurd Toleration
cou'd ever make a Country, of which they were the Proprietors, turn
to a good account. And tho this Conduct does not much commend
their Faithfulnefs, as Stewards to the King or the Publick^ yet it
makes their prudent management of a Province, which they were
to govern for themfelves, the more confpicuous. Nor did this uni-
verfal and abfolute Toleration difappoint and frullrate their Ex-
pedations : For tho Carolina wants a good Port, and is without fome
other things that v^rou'd promote and facilitate Trade, yet by virtue of
this ample Toleration, and its Security in fuch an equal Conltitution of
Government, it became one of the moft flourilhing of all our Coionys.
And the Succejfors of the firfl Proprietors feem to have been fo
fenfible, that nothing could tend more to the making this Colony
rich and profperous, than purfuing the fame Meafures, that they re-
folv'd upon confirming the Toleration that was at firft granted.
For in the Conftitutions they fent over in the Year 1 669. tho they left
out the greateft part of the 96th Paragraph of the firft Fundamental
Conftitutions, becaufe they defign'd to reduce thole Conflitutions to a
fmaller number •, yet they left out nothing but what was barely in-
troductory to the Confljitutingand Ordaining part of that very Para-
graph \ but have left the Ordaining part it ielf intire : And fo they
have all the other Paragraphs which were jull now cited out of the
lirlt Fundamental Conftitutions; which together with the 102^ and
io6tb Paragraphs, may be feen in the laft Fundamental Conftitu-
tions, §. 27f/;, 3iyJ, 32^, s^th.
.The principal Merchants in London trading to Carolina were fo
fenfible how prejudicial breaking in upon the Toleration there muft
be to the good of the Country in general, and to Trade in particular,
that they fign'd a Petition to the Lord Gr-nv-lle their prefent Pala-
tjne, and the reft of the Proprietors, reprefenting how prejudicial it
wou'd be to the true Intereft of that Colony upon many accounts ; and
A Copy praying that they wou'd difailow the Law, and order its Repeal.
whereof u Which Petition they lodg'd in the hands of Mr. S — ne the Agent
Mn-rd ^^^^ ^"^ behalf of the opprefs'd People of that Province. But he found
tl^T^! the faid Palatine fo refolv'd to pafs this Adt, that he Taw it was to no
purpofe to deliver it to him. But
TheCafeof theDiJfenterstnQzxolm^l 2 9
Bat tho the ^re^mt Palatim has purfu'd quite different Meafures
from' all his PredecefTors^ and has obtain'd the Gonfent of a majo-
rity of that Board of Proprietors, which was fummon'd and met up-
on that occafion, to confirm this unprecedented Law ^ and tho 'tis
moft the Bufmefs of the relt of the Proprietors to enquire, whether
thefe Meafures of his are the effect of want of due conlideration, and
a true knowledg of his Intcreil, or of (beer Bigotry and Fadion^
or wliether the Party his Excellency is pleas'd to bead and coun- '"-.
tenancc^ as he has thought fit to exprefs himfelf, have any fecret
Ways to recompenfe him for gratifying them at the Expence of
his own apparent Intereft and Obligations : Yet I believe every
confidering Perfon will think it the Bufmefs of the Government to
take care, that by fuch Methods as thefe, a flourifhing Colony be not
depopulated \ and that a very ufeful and b,eneficial Trade, which
England drives with that Colony, and which that Colony drives
vut\i England^ andfeveralof the Plantations, to the raifmg her Ma-
jelty's Cuftoms, as well as to the great conveniency and enriching
of herMajefly's Subjeds, be not difcourag'd or interrupted.
Thus it appears how great an Inflance of Ingratitude to the Dif-
fenters this Aft is -^ and how highly prejudicial to the Queen, to
Trade, to the Proprietors and the Inhabitants of Carolina. And the
Ingratitude and dellrudive Nature of this Ad to the true Intereft of
that Province, does not only fix thofe Charaders upon the Ad it
felf, but upon thofe that pafs'd it ^ fince its Injuflice and Opprellioa
are too obvious for almoft any one not to have feen, that did not
wilfully ihut his Eyes. But however it might perhaps be faid, to ex-
cufe them from being confcious of the Injullice and OppreiTion of
this Ad, that it is barely polTible for thofe that pafs'd it to have been
ignorant of the generous Behaviour of the Dillenters ; and to have
been fo perfedly injudicious and unexperienc'd in publick Affairs, as
to imagine that to be for the Good of the Country, which muft ine-
vitably prove its Ruin \ or to have been fo fetupon tlvyihg Ibmething,
that according to their Prejudices and miftaken Notii>ns might be for
the Service of the Chilrch, as to have intirely forgot and over-look'd
the Civil Intereft of the Province, I fay, all this might be faid in
excufe of this Ad, and thofe that pafs'd it, if it were not a Breach of
the exj^refi Original ContraCi between the Proprietors and the People
of Carolina. But if this Ad appears to be a Breach of that Contrad,
I think, as nothing further need to be faid againfl the Ad, fo nothing
can be faid in vindication of the Makers of it. For when Men come
once
X
lO The Cafe of the Vlffenters in Carolina^
once to breaking of Faith, tho plighted in the mofl folemn manner
that can be devis'd *, let it be broke with Hereticks or Schifmaticks,
or whom you pleafe, and let it be done never lb much for the Service
of God and his Church •, I think, I fay, fuch Men can't have the good
Opinion ,of any Proteftant any longer, or eafily obtain it of any difin-
terefted one, to ftand up in their Vindication or Excufe.
I fuppofe 'twill be eafily ailow'd to me, in order to rcake good this
Charge, that any Law of Carolina that contradids the Charter, or
the fundamental Conltitutions of that Province, is a Breach of the
Original Contrad between the Proprietors and the people. For
tho the two Charters (which do but grant different Parcels of Land,
but are elfe wrfc'i^fwi the fame) being Grants from the Crown to the
Proprietors, of all the Title, Powers and Privileges which they
have as Proprietors of Carolina upon certain Conditions, is Imme-
<ii3tely a Contract between the Sovereign and the Proprietors i up-
on which account any thin^ done by the Proprietors againil the Char-
ter is a Forfeiture of the Charter, upon which a Quo Warranto mW
lie: Yet feveral of the Limitations in that Charter being Provilions
made by the Sovereign, in favour of his Liege and Free People who
fliou'd tranfplantthemfelves thither, and injuflice to thofe Inhabi-
tants who v/erealrea-dy there, and were not fubjeci to the Title,
Powers and Privileges granted by fuch Charter, nor cou'd not be
made fubjed to the faid Title, Powers and Privileges, without
their own Confent ^ therefore all fuch Limitations of the Proprie-
tors, in favour of the People, may be confider'd as tacit Stipulation-s
of the Proprietors with the People themfelves : Since they have fub-
mitted to the Proprietors, or tranfplanted themfelves to the Colony,
upon the jufl: Prefumption, that the Proprietors wou'd ad purfuaiic
to fuch Provifoes and Limitations.
See the And as toihQ fundamental Conjlitutions^ they being the Rule of Go-
memble vernment, which, nurfuant totiieCharters,thefirfl Proprietors oblig'd
% ^f"-^*^ themfelves their Heirs and Succeffots to obferveperpecuaily, in the molt
tdcordVi- binding way? that cou'd be devis'din cafe the People fhou'd accept em *,
tut'm^ if the People fit I eupon did accept 'em, they immediately became anex-
A° 2. prefs Comrad between the Proprietors and the People j and mull ne-
See alfo ceflarily be conhder'd as fuch. Accordingly they were thought fo good
§.120.0/3 Rule of Government by thofe who were fettled there Ijefore the
^CoJvt- ^^^"'^ ^f ^'^^^ Charter, and by feveral here, who tranfplanted them-
thns' '^' felvestiiither, in confidence that they wou'd be obferv'd as the per-
petual Rule and Form of Government, that they were refpedively
fworn to ov fubfcrib'd by all thofe that continued in Carolina^ or came
;to fettle there, as the fundamental Conltitutions of the Province .-
And
7I?€ Qafe of the Diljhiters In Carolina, j %
And noPerfon cou'd become a Freeman, or enter upon any OiTice,
or vote or afl in either Houfe of Allembly, that had sot firft fworn
to them, or fnbrciibed them, according to the Proviiion made in
the 117 ^ ot the Paid Conftitutions: Which runs thus. Nor /hoM
any Per [on ^ of what Condition or Degree foever^ above feventsen years
old^ have any EJl.atc or PoJfcJJion m Carolina, or Protciition or Benefit
of the Law tbere^ who hath not before a PrecinU-RegiJier fuhfcrih'd thefi
Fundamental Conjlitutions,
By which means the Proprietors became for ever bound to obferve
thefe Gonil;ii;utions,as the perpetual Rule of their Government,and can
never becomedirei)gag'd,till all fuchof the PeopIe,ash3ve confentedto
'em, confeut to lej^earemjin the fame manner in which they confented
to the n ', thjt is to fay^till they confentto repeal them in Per/on. For
tUekConfcnt by tijcir Reprefcntatives can never be thought fufficienc,
unlefs Repreten-Latives were chofen on purpofe to confent to repeal
the prefeut fund uiiental Conilitutions, or fettle new Conftitutions,
as to them Ihou'd leemmoU meet and convenient. For a Reprefen-
tative of the People is no farther a Reprefentative than he is de-
fjgnMto leprefent them. Now the Reprefentatives of the People
of Carolina are chofen by their Principals, purfuant to thefe Con ft i°
tutions, and are chefen toad in reprefenting them, only in purfu-
ance of thefe Cenftitntions. And accordingly it is provided by the
Conftitutions, §.77. That if any Proprietor or hii Deputy^before the Palatine '
or his Deputy'' s Confent be given to an Act of Parliament ^fliaU enter his Pro-
tejlatton againf the faid Act, as contrary to any of the fundamental
Conjli tutions •, that in fucb Cafe^ after a full and free Debate^ the fe-
ixcral Eflates /hall enter into four feucral Chambers , and if the Majority
of ^ciyiy of t\:x four E fates fhallvQtc that the Law -is not agi'ceable to thefe
fundament.ilConfitutions^thenitfJiall pafs no further^ but be as if ip
had never been proposed. By which the Parliament of Carolina plainly
appears to be ty'd up by thefe Conftitutions, and to have no power to
give them up, or to confent to their being repeal'd. So that it is very
plain that- the Parliament of Carolina can no more confent to alter or
give up the fundamental Conftitutions of Carolina^ than the Parlia-
ment of England can giv€uii Jl<fag}ia Chart a^ or the very Being and
Power of parliaments.
But it is farther to be conHdei'd, that there is wo/^r/r^wc-wf properly
fpeaking in Carolina. For there is no Upper Houfe, conlifting of the
Hereditary Landed Nobility of that Province, viz,. Landgraves and
Calliqucs, as by the flindaraental Conftitutions there ought to be. And
ihey are the only Men that haveany right to lay claim to the Stile and
Powers of the Upper Houfe. L^^dced ths De^nitys cf ths Proprietora-
srrQ.
■ j2 Tk Cafe of the D'ljfenten in Carolina.
arrogate to themfelves the Stile and Powers of the Upper Houfe ; but
they, or any other Set of Men than the Landgraves and Caffiqaes, may
as well pretend to be the Proprietors or the Commons Houfe, as the
"Upper Hqufeof Parliament of that Province. And therefore the-
Preamble to the fundamental Conftitations, that were drawn up in
}J\ 3. 1692, and Tent over by Major Daniel^ runs thus : We the Lords Pro-
pktoYS^' with the Confent and Advice of the Landgraves and Ca^ljiqucs^
and Commons in this 'prefent Parliament affemhlcd^ &c. A certain Argu-
ment that the Proprietors were fatisfy'd that thefe Coaftitutions
cou'd not be fettled, nor the other repeai'd, without the Advice, at
leaft, of the Landgraves and Gafliques, as well as the Commons in
Parliament aflerabied. So that there being no Upper Houfe of ?siv\i'
zmtVtX.\x\ Carolina^ the Proprietors can never be released from the
• firft fundamental Conltitutions, tho a Parliament (hould be thoughc
to have the Power to releafe them i becaufe without an Upper Houfe
there is no Parliament.
But fo far is it from being true, that the Parliament or Carolina'
has ^ ever confented to the repealing thefe Conflitutions of 1669,
that the very Commons Houfe of y^ffembly with the Deputys of the
Proprietors^ who arrogate to themfelves the Stile and Power of the
Upper Houfe, have never confented to repeal .them. So that ei-
ther thefe are their Conltitutions, or they have none at all. And
if it bQ pretended that they have none at all, I would fain know how
any of them came by any of the Property they are now feiz'd
of? By what Power the People ever met to chufe Men to repre-
fent them in the Commons Houfe of Aflembly ? By what Power
the Sheriffs return'd them ? Or by what Power fuch a Number of
Men affum'd to themfelves the Stile or Power of a Commons Houfe of
Alfembiy ? All of which mult have been prior to all Laws. So that
'tis certain, that the Fundamental Conltitutions of 1659, common-
ly caU'd the firft Fundamental Conltitutions, are and remain the Fun-
damental Conltitutions of Carolina.
Indeed the Proprietorsagreed to fome other Fundamental Conjlitu-
tions, commonly call'd the lalt Fundamental Conftitutions •, and fent
!^ee th: them over by Major Daniel in the year 1 698, to he confirmed, by and with
Freamble the Confent of the Hereditary Nobility^ Landgraves and Cajfiques^ and the •
to the 2d Commons in Parliament affemblcd, tho very little differing in any thing
cZfmt ^^^ length from thofe of 1669. But thefe never were confirm'd in
hereunto' Parliament, nor is there any Parliament (of which Landgraves and
annex'U, Calhques compofe one Houfe) to confirm them. So that there is not
^"^' 3' the leaft pretence to fay that thefe of 1698, are the fundamental
Conltitutions of Carolina^ or that thofe of 1669 are not.
Thus
. T!;e Cafe of the Dijfenten In C3.ro\m^] "^j
Tims it appears that the Charters and the Fundamentd.GonAItu-
tlonsof 1559, are the original Contradl between theFroprietqrs ,
and the People: Let us fee then how this Contrail has been bro*!
ken by this dhfqualifying Adt. And the Inconfrjlemy of" this Adl'
with this Cqntrad, will appear very plainly, if we confider the
Matter and Form of this Law, and the Manner of obtaining it. The
Acf it felf isabiplutely inconfiftent with the Charter of K. Charles llsee the
That Charter em^orvcrf" the Proprietors to make, ordain and enact Lares -^charter,
only of andivith the 4dvice^ Affcnt (ind Apprpba'tion of the Freemen o/P-?'Col.i«
the' f aid Province'^ or -Qf] the greater part pf them, or of their Delegates ^^^^/'"!j
orDeputys. NoW by' this Aft the Commons Houfe of AlTembly^'J^J; '
may happen to be fo composed, as that there (hall not hs one De-
puty or Delegate of the Freemen of the Province in it. For by
this Aft it may fo happen, that not one that .fhall fit there^, ihall,
have a Majority of the Votes of the Freemen j without which,,
I fuppofe, 'twill not be pretended that any one is a Deputy or;
Delegate. For upon .fuppofition that a Diffenter ' (hou d ~^ftana
for every Place that has a Right to fend a Deputy or Delegate tO'
Parliament, and fliou'd have never fo great a Majority of Votes
i-n all thofe Places, and be return'd i yet upon the Meeting bjf
the Commons Houfe of Alfembly, they ought: all [to, .qjiit their
Seats, purfuant to this Aft •, and thofe Candidates, vvho'liad-tht?
next Majority of Votes to them, muft fill their Places, ihb yj^L See the
haps they had not the half of the Votes, that the Delegate •had,"^<'?,c.ulc.
being a Diifenter.
And tho perhaps it will be faid, that I (lave.put a QaCe \NK\gik
can never happen jb^caufe if it fhouM happen, .that all the Members^,
that (hou'd be return'd to Parliarapnt, fhould be Diflenters, tiiey
would repeal this Law, and continue themfelv.es tjie'.firft thing
they did -, yet if this fhou'd be done, in fuch Cafe, 'tis what aq».'
cording to this Aft cou'd not be done. And at leall this Abfurdi-'
ty will follow, that, in fuch Cafe, according to -Law the Com-
mons Houfe of Alfembly would cpnfifl of a jBody of Alen legally
return'd, in which there was not , one Delegate of the People. '
And it may in F^ct happen according to this Aft, that the Pro-
prietors may make Laws without a Majority of the Delegates of
the Freemen, all the Delegates being prefent *, which is a Cafe as
much againfl the Charter as the other. The Commons Houfe of
Alfembly in Carolina confills of Thirty : Let us fjppofe then Four-
teen of thefe Thirty, duly returned by the : Sheriffs, to bo Dilfea^
ters •, the other Sixteen mult tur^ them out, and vote thofe Cao-
E * didates
2 j^ Ihe Cafe of the Difftnters in Carolina.
didates into the Houfe, who bad the greatefl Number of Votes
next to them, in their Places. In that cafe the Houfe wou'd con-
lift of fixteen Delegates and fourteen Men, who are no moreDe*
Jegates, than they are Nobility or Proprietors. Let us further
fuppofe one of the fixteen to die, and then before his Place
cou'd be fiird, the Houfe would confifl of fifteen Delegates and four-
teen Men, who in reality are no Delegates. Let us then fuppofe a.
Bill to be brought into the Commons Houfe, thus compos'd and
conflituted •, and let us fuppofe one of the Delegates (whom we
will farther fuppofe to be the Speaker) with the fourteen Men who
~ •' • are no Delegates, to be for this Bill, and the other fourteen Dele-
gates to be againft it : In this Cafe, the Houfe being equally divided,
the Speaker with the fourteen Men, who are no Delegates, wou-d
carry this Bill againft the fourteen Delegates ^ and fo a Bill wou'd
pafs thro the Commons Houfe, with the Advice and Gonfent of but
one Delegate againft fourteen.
But if fo great a Breach and Violation of the Charter fliould never
happen to the Freemen by this difqualifying Ad, as may happen in.
the Cafes which we have juftnow put-, yet whenever thisAdl is put
in execution, and a Man that has a Minority is voted into the Houfe io^
purfuance of this Ad, there will be an utter Defeating of the Right.
the Freemen of the refpedive Countys have to a Keprefentation, purfu-
ant to thefaid Charter. For a Man, who is not chofen by the Majo-
fity, is no more a Reprefentative, than a proprietor, or any thing elfe^
Thus this Ad appears to be inconfiftent with the Charter, in as
much as, by virtue of it, Laws may be made without the Advice
and Confentof the Freemen, or their Delegates : But neither is it.
confiftent with the Charter for the Proprietors to make what Laws,
they pleafe, mth the Confent of the faid Freemen or their Delegates. For
the Charter reftrains the faid Proprietors to the making of fuch Laws
only, of and with the Advice and Confent of the Freemen, as (halt
Frinted be confonant to Reafon, and agreeable, as near as may be, to the;
Charter, L^vjs oi England. Let us enquire then whether this Ad be not in*
p.4. C0I.2. ^nfjfj-gnt vvith thefe Reftridions and Provifoes.
The firft of thefe Reftridions is Confonancy to Reafan.^ by which two
things are chiefly intended : That the Laws made of and with the Ad-
vice of the Freemen fhould be founded in Equity and Juftice, and that
they Ihould be for the Advantage and Service of the Publick. But is
the excluding Proteftant DilTenters the Commons Houfe of AiTembly
founded in Equity and Juflice ? hit juft or equitable to exclude thofe
from fo high a Truft, who have as great a fhare of that which is to
be
The Cafe of the Dlffmters in Carolina. 3 j
be intruded as any there ? Is it jufl to exclude two Thirds of the
Inhabitants for the fake of one? Is it equitable to deprive them
of the High Trufts of that Province, who bear by far the greater
fliare of its Burdens? Is it fair to deprive thole of this Privi-
lege, who tranfplanted themfelves thither, to the great Danger
and Hazard of their Lives and Effedts; and became fubjed to the
Proprietors, upon the Profped of being equally capable of this
Privilege with the reft of their Neighbours ? Or is it reafonable,
to make thofe incapable, that are every way as capable as any,
and that are by far more capable than fome who remain fo ? To
put a Mark of Difgrace upon thofe who have done nothing to
deferveit? And to raife Fears and Apprehenfions in thofe who
ought to live with the Peace and Qpiet or Mind, that belongs to an
Englifh Subjed ?
And from what has been faid before, it mufl follow, that this
Law is as far from being for the Advantage and Interefl of that Pro-
vince, as Perfecution is from being for its Advantage in general^
and that it is particularly as far from being for its Intereft,
as it can be to feclude a Body of Men from ever advifing with
the Proprietors about making and ordaining Laws, who are
as well fitted.by their Prudence, Integrity and Interefl, to advife-
with 'em, as any in the Province. In one word, 'tis as much
againfl the Interefl: of that Province, as a Perfecution can be,
that will drive away two Thirds of the Inhabitants, which in
all don't exceed loooo Souls, out of a Country, which is inha-
bited from North to South about 1 50 Miles, and about 50 from
Eaft to Wefl: : And which muft in Reafon, as it has in Fad, end in
eltablilhing the Government in a Fadion, to the utter Ruin of
the Gonfl;itution in Church and State : And that can end in nothing,!
but driving away the befl:, and leaving only the worll of the few
Inhabitants, that (hall remain.
The other Refl:ridion is, Jgreeahknefs a/i near as may he to the
Laws of England. This the Framers of this Ad were fo fenfiblc
of, that they found this Ad upon the Suppofition that the like Ad'
is in fovct in England: A plain Intimation, that they knew that See thePre*
this Ad cou'd not be valid without it. However falfe the Afler- '^wWe fo
tion is, yet, I fuppofc, the Framers of this Ad had pofitive Infor- '^J ^^*
ination, that after the Occafional Bill (hould pafs here (which their ^'*'^' P'^^*
Correfpondents it feems were very fure ofj that another would pafs
for excluding the DilTenters the Houfe of Commons. And tho, God. \
\k pfals'd, "their Information prov'd falfe j yet it lets us farther into'
E 2 the
X
'%6 JheQafeof the Dtlfenters in Cardlina.
the fecret Defigns of the Authors Hl?^ Promoters of the Q^^a*
fional Bill here, than they couM e.yer yet.'be Wroug'ht to own.
But it has been an old ObferVation, * that under foine Admini-
flfatians, the beft horhe News was always to be feen in the Arti-
cles from Pi^rw .* And I believe it has been this once as true of
tlie Accounts from CaYoUna: And perhaps the farther Laws and
Proceedings there will confirm this Obfervation, and will give us
the beft Li^ht into the Steps that were, to have been taken here,
if the Prediftioiis which were fent to CaYoVina about a Bill of the
ftme nature in England^ in order to give the better face to this Bill
there, had come to pafs.
Nor is this Ad more inconliflent with the Charter, than with the
Pimdamental ConjiUuiions' of Carolina. They provide, "§. .97, 101.,
That fines the Natives of that Place-^ wbQ will be concirn-d in our Plan-
fations^ are utter\ StYayige'rs to Chriflianiiy^ '■v'lopfe idolatry^ Ignorance^
or J^ijl^^'^ giv'H'Wno Right to ex^ct'or ufe them ilh^ a?jd thsit thofe
who rcnwvdfroTn'dther Parts to plttnt there, will unavoidably be of dif-
ferent OpnioHs edncerning A-fattcrs of Religion, the Liberty whereof they
■wili expe^ to have allowed them *, and that it will not be reafonable for
ik on this iiccbUrit to keep them out, therefore .that Civil Peace may ^
i)-e[ 'fna'tnt'dn'' d amidjl the diver fity of OfmionSj and our Agreement ^
dnU torhpai} with M Men may be .duly' and -.faithfully phferv'^d^ the:-,
VMati on' whereof, upon whdt' pretence foever^ cannot be without great Of »
fhnceto Almighty God, and great Scandal to the true Religion which we
profefs : And alfo that Jews, Heathens, and other DiJJlnters from the
Purity of'diYifiian Religion, may not be fcar\d and kept at a dtftance from
<f ; but hy having an oppdrt unity of a-cquainting ..themfdves with the
Truth and keafdnmeyiefs of its DoUrineS; and the P^aceablenefs and Inof-r
fenfivenefs of its Profejfors, may hy good 'Vfage and Petfuafton, and aU -.
thofe c'dnvificirfg Methods of Gtntlenefs' andMechnej'sy futable to the Rules
and Defign of the Gofpel, be won over to embrace, and unfeignedly receive
the "truth. Therefore the faid Conftitutions among other things
provide, §,101. That no Perfon above feventeen Years of Age, fhall have
a^iy benefit or protedion of the Law, or becapable\of: any place of PrO'
fit or Honour^ which is rtot a Member of fome .Church or Profejfion^
hahjing hvs N^hJe recorded in fome one religions Record at once. The
Cdrlflitutions therefore require nothing more to make any Per-
fon capable of any Place of Profit or Honour, than to be a Mem-
ber of fome Church or ProfelTion, and to have his Name in fome
one, and but one religious Record at once. So that this Ad that
is^ukts Me,a to be of the' Profeffion of the Church of England only,
to
The Cafe of the DiJJenters hi Ca roll n a J 3 7
to make them capable of fitting in the Commons Honfe of AfTem-
bly, is a direct violation of thefe Fundamental Conflitutions. And
as the Ordaining part of this A6t is a violation of them, fo is the
Preamble too, upon which the ordaining part of this Ad is built.
For that fuppofes, that the befl way to prevent Contentions, and
AnimoHtics in the Commons Houfe of Aflembly, upon the ac-
count of different Perfliafions and Interefts in IVlatters of Religion,
is to make Perfons of a different Perfuafion, incapable of the Ho-
nour of fitting there. Whereas the 97?^ and the loij^ Paragraphs
adert, That to maint.nn Civil Peace amidfi the diverfities of Opinions,
the befl way w to require nothing more to make Men capable of any Places
of Honour or Profit, than to he of fome one Profeffion or other.
Thus we fee upon how many Accounts this Ad it felf is inconfi-
ftent with the Original Contrad. Nor is it lefs fo upon the account
of thofc illegal and undue Methods by which it was obtain'd: So that
had this Adf been never fo confonant to Reafon, and agreeable to
the Laws of England \ yet it had been ipfo failo void, becaufe it
was obtain'd in a manner diredly contrary to other Provifions of
the Charter, and of the Fundamental Conilitutions. For it was
in the firft place pafs'd without the Advice and Confent of thofe,
without whom no Law can pafs in Carolina. For it is provided by
the Fundamental Conilitutions, That the Parliament of Carolina FimlConff.
i)^^\\(iOT\{i^oi Landgraves andjCaffi^ues (who are by their Dignity /^^. 2.
to have Right of Sefiion, and are the Hereditary Nobility of Care ^-9^1^'
Una) as well as of Proprietors and Freeholders ; and that no Ad
fhall pafs but with their Confent and Advice. But this Ad was obtain'd
without fo much as calling the faid Landgraves and CafOques *, fo far
was this Ad from pafling with their Advice and Confent. By which
it is plain, that this is no more an Ad of Carolina, than an Ad pafs'd
by the Qiieen, with the Advice of the Commons, without the Advice
of the Lords Spiritual and Temporal, would be a Law of England.
And as this Ad was pafl without the Advice and Confent ^
of thofc who ought to have been calfdv fo ic v/as in the next
■place pafs'd by thcfe who had no Right to Ordain or Enad any
Law or Ordinance whatfocver. The Charter gives the Proprietors
power to pafs Laws eoi)fonant to Reafon, and agreeable, as near as
may be, to the Laws of England '■, only by and with the Advice of the charter
Freemen, or of the majority of the fa'id Freemen, or of their Delegates. A^.i.p.g.
And the Fundamental Conilitutions require, that every Man x.\\2itCol,i.
chufes a Member of Parliament, (liall have fifty Acres of Free- •^^"^•^'"''A
hold. But this difqualifying Ad ^as pjfs'd by Delegates, v*/ho were ^^ * ^"]
chofen in Berkley -Qov^nty (which fends Twenty out of the Thirty
Chat
^ g The Cafe of the Diffenters in Carolina.
Kr^r. N*. that compofe the whole Commons Houfe of Aflembly) by J<ws,
5.'^7.i3. Strangers, Sailors, Servants, Negroes •, and by almofl every French-
inan, who never profer'd themlelves to take the Oaths of Alle-
giance (which was the only thing requir'd of them, in order to
their Naturalisation ) in Craven and ^er^/fy- County. All thefe
Votes were taken by the Sheriff, according to exprefs Inftru^ions
from fome in the Government, as the faid Sheriff publickly con-
fefs'd. And the Candidates they voted for were Return'd by the
Majority that fuch illegal Votes gave them, to the great Prejudice
of the other Candidates, and the Freemen and Free-holders of
the faid Countys. Nor has there been any Redrefs to be had in
the Commons Houfe of Afl.embly againft thefe undue Eleftions and
Returns.
But notwithflanding that the Commons Houfe of AiTembly was
composed of Members fo unduly Chofen and Return'd ; yet as bad as it
was, the Fadion faw, they (houldnotbe able to get this Ad to pafs
that Houfe, but by furprize. Wherefore the Governor, Sir Nath.
Johnfon^ prorogu'd the AiTembly, after it had met, to the lothofMay.
The Aflembly was difperft, and feveral of the Members went to
their refpedive Countys, and order'd their Affairs fo, as that they
might be able to return when the Prorogation (hould expire.
But all on a fudden, contrary to the very nature of a Proroga-
tion, they were call'd together by Proclamation, to fit on the
26tb of ^pril. But that the Members might not be too much
alarm'd, the Aflembly was continued together Seven or Eight days,
with little or no Buflnefs before them. But on the ^th of JUfay,
when the Members at a diftance were under no apprehenflon of
any Matter coming upon the Stage, which fliould induce them to
return, to the great inconveniency of their own Bufinefs, before
the faid icth of May •, I fay, upon the faid ^.th of /I^^^, this Bill
was brought into the Commons Houfe of Affembly, and hurry'd
fo precipitately through that Houfe, that it pad the (5r^, four days
before the Time came, to which they were prorogu'd i and conse-
quently four days before any legal JJpmbly cou^d he held. By this means
there were never above Twenty three Members of the Commons
Houfe prefent from the i6th ot j4pril to the 6th of May. From
whence it follows, that almofl one Fourth of the Houfe mull have
beenabfent: And of the Twenty three that were prefent, there
was but One more for it than againfl; it ^ and feveral of thofe
that were againfl: it, were Members of the Church of England.
And if the other Seven had been there, the Bill had, in all pro-
bability,
TheQaje of the D'lffenters in Carolina. ^ g
bability, never pafs'd; So that it could UQvev have got thro the worfi
Commons Houfe that ever fat in CaroUnn^ but by fuch like illegal
Pra^ices,^ as had procur'd the Eledionsand Returns of the Majority of
thofe that com-pos'd it.
And CO the reft of thefe Arbitrary Proceedings, the Upper Houfe
added that of the refilling Landgrave Jofe^h Morton^ a Deputy to
one of the Proprietors, the Liberty of entring his Protejlation and
Diffent i Notwithftanding that there is an exprefs Provifion made
for a- Liberty of proceftrng in the 77?/; ^ of the Fundamental Confti- N' 2.
tntions: Nor is a Deputy's Right of Protefting only the bare
empty Privilege, to have it Itand upon Record, that he did not
give his Confent to fuch a Law ; but is the Foundation of putting
a Queftion to each of the feveral Eftates feparately, whether the
Aft be not contrary to the Fundamental Conftitutions, and of a Right
that the Majority of any one of the Eftates have in fuch cafe to the
rejecting thefaid Ad j as may befullyfeen in the faid77f/? Paragraph.
But that it may appear that this Aft wants nothing that can
tend to make it the moil finifh'd Piece of Injuftice, of any thing that
ever had the Face of Law ; it muft be noted, that it is not only illegal
upon the account of the Matter of the Law, and the Methods of
obtaining it 5 but upon the account of its very Form and Stile. For
there is firil of all an Ufurpation of the Regal Authority in the
Stile of the Aft. For it runs thus : Be it enafted by his Excellency,
"John Lord Granville, and the reft of the true and abfolute Lords and
Proprietors of Carolina: A Stile never affum'd by thera till very,
lately. Nor can it be pleaded in Vindication of this Stile, that they,
are ftil'd fo in the Charter: For there they are ftiPd fo with two.
Savings, neither of which are here expreft : The one of the Right chari-.
of the Crown, the other of the Englifh Subjefts fettfd thereat the ^'° i.p, 2,
timei of the granting the Charter, if there were any. col. 2..
And as it has too much upon this Account to have the Form ofan Aft'
of Carolina '^Xo it has too little upon another. Fortius Aft is not faid
to be enafted by the Palatine, and the reft of the Proprietors by and.
with the Advice of the Landgraves andCajfiques^ as 'tis plain all their Afts.
fliould run-, as fully appears by the Form of the Preamble to the
firft and feco'nd Fundamental Conftitutions : But inftead of being^ .
enafted in this Form, it is only laid to be enafted by the Authority
of the Palatine, and the reft of the Proprietors, by and with the
Advice and Confent of the rejl of the Members of the General j^ffcmhly,
A Stile altogether as new as is that of the Proprietors.. By all
whicii
'4^ 7^^^ C4^ of the Dijfenters in Carolina:
which it plainly appears, that it is almoft impoffible for anv AcS to
liave any Abfurdlty or IDegality that this lias not. -
And tho it very much imports the Palatine, and the Proprietors to
take Care to inform themfekes of the true State of Carolma: and to be
watchful mdifcovering and redtifyinganj^Abufes that may creep into
the Adminiltration of Government there ; both in a jufl Regard to their
own true Intereil, and Obligations to the Intereft of the People
who have fubjeaedthemfelves to their Government: Yet they have
been fo far from this^as to negka the repeated Applications of the poor
cpprefsd People againft this Law, with the greateft Partiality and
Arbitrarynefs imaginable. Mr. ^—I;, who was firfl fent o.ver as
Agentm their behalf, would have told the World how little Encou-
ragement he had met with from the Palatine and Proprietors, if he had
iiv d to have finifh'd a Trad which he was publifhing (and which we
. ^A?^"^^°^'^ ^^^°^^^ entituPd The prefect State of Affairs in Carolina.
AndMr.5—«e,who fucceeded thisGentleman in his Solicitationon their
behalf, apply'd to the Palatine fevea Weeks before he could obtain a
Board of Proprietors tobecall'd, inordertoconfider whether this Bill
ftiould'beratify'd orrepeal'd. Whenit wascaird,oneMr.yf-c^^~/^
whoisbecomea Proprietor fince the paaingthis Ad, and was formerly
Governor of Carolina, whofe Prudence and Integrity procured hira
theuniverfal Refpeaof the Inhabitants there, oppos'd the ratifyin<r
this Bill at the faid Board ; as a Bill, that was highly injurious to the
Proteflant Diflenters of that Province in particular, and to the
true Intereft of the Proprietors and all the People in general • But
theAnfwer^e receiv'd from the Palatine to all his Reafons, was
this '^ which (hews that no Reafons of that kind, how flronely
foever they might be ui'g'd, could have any weight with him ;
Str^ you are of one Opinion, and J am of another^ and our Lives may
mt he long enough to end the Controverfy • I am for this Bill, and
thvi vs the Party that I will head and countenance. After he hadex-
prefsM himfelf in this manner, Mr. B--ne pray'd he might be
heard by Counfel againfl: this Aa, to fatisfy his Principals' that
lie had negleded nothing that couM be for their Service i tho
he eafily perceiv'd from the Anfwer his Excellency gave Mr.
^^chd—lc, that it cou'd ferve no other end : But he only re-
ceivd this Anfwer-, What Bufinefs has Counfel hen? It is a pruden^
ttal Ath in me, and I wiU do as I fee fit : I fee no harm at all in
this Bill, and am rcfolv'd to pafs it. How happy is the Province
that has a Palatine of fuch fingular Juftice, Prudence and Huma-
nity? And how unhappy is the Country that has lolt a Minifter
endu'd
7he Qafe of the Dijfenters in Carolina^ 41
tndu'd vvith fo many great and excellent Qualitys? Well may
both Church and State be thought to be in danger by the Me-
nioriallft, when fo eminent a Patron of the Liber tys of the one,
and of the Religion of the other, fhall have loft any (hare of his
Credit and Preferments. Accordingly he llgn'd the Bill that day,
the Board conlilling but of three of the Proprietors prefent, and
two Proxys, which were lodg'd in hisExcellency's Hands.
When no more notice is taken of the Application that is made to
this Board by Numbers, nor any Redrefs given to publick Grievan-
ces, 'tis no wonder if private Complaints are entirely negleded. The
Clergyman, who is Minifler of CW/cj-Totp;i, has this therefore to
comfort himfelf withal, that his Cafe is not particular, tho the Pro-
prietors have had no regard to the repeated Complaints that he has
made to them, of the Infolencys offer'd him in the Streets, where
hi* Gown was torn off his Back, and he whipt with a Horfewhip,
and beaten and abus'd in a moil barbarous manner by fome of the
molt confiderable of that Party, which his Excellency is refoWdto
head and coutJtenarice.
But tho neither the Palatine, nor the Majority of the Board of Pro-
prietors have had any Relentings on the account of thefe opprefs'd
People-, yn the fame Ccnimons Hoiifi; of Aiiemhly J which pafs'd this
Act, have thought it to be fo contrary to natural Equity, theChrif-
tian Religion, and the Dodrine of the Church of England, to be
fogreatan Inftance of Ingratitude to the Diflenters, and [o highly
injurious and deftru(^ive to their Libertys and Conftitution, that a
Bill to repeal the faid Adt paft thro that Houfe, about half a year
after they had pafs'd it. But it was loft in the Upper Houfe, where
every thing is carry'd according to the Inclinatior.s of the Palatine,
and thofe Proprietors, who give up themfelves to be directed and
influenc'd by him. And upon the Commons Houfe pafling the faid
repealing Bill, the Governor, in great Indignation, dilfolv'd the (aid
Commons Houfe, by the name of the Vnjl eddy Jjfembly.
This is a true and faithful Account, both of the State of Caro-
lina^ which occadon'd the pafling this Adt, and the deplorable Con-
dition into which this Aft has brought it. And as no body, who
does not queltion his Excellency's Veracity, can imagine that' he did
not (incerely delign to head and countenance nothing but a Faction in
Carolina^ when he declared hewou'ddofo^ fo he has given no body
(ince any Reafon to think that he has alter'd his Refolutions. And it
would therefore be the greateft Folly and Prcfumption imaginable, to
hope for a Redrefs from his Excellency, or from thofe Proprietors
F who
^'i 7 he Qafe of the Dljjenten in Carolina]
who are influenced by him (and who make a Majority at that Board)
of any Grievances, how publick foever, if they may but be for the
private Advantages of that Party. And his Excellency, together with
ihofe Proprietors, making a Majority at that Board, gives this heavy
Accent to all the Miferys of the People, and particularly of the Dif-
fenters of that Province, That ac(Jording to the prefent Frame of
Government that obtains there, they arc irrerocdiablf.
[I 3
(Numb, I.)
T.loe Firfl Charter granted iy King Charles IL
to the Tropietors of Carolina.
C H A R L E S 7J. h the Grace of
God, 5cc. To all to xphom tbefe Pre-
fentsjkall come, Greeting.
WHereas our Right Trufly
and Right Well beloved
Coufins and Counsellors,
Edward, Earl of Claren-
^(?«, our High- Chancellor
of England ; and George, Duke of
Albemarle, Mafter of our Horfe, and
Captain-General of all our Forces -,
our Right Trufty and Well-beloved
fVilliam Lord Craven, John Lord
Berk^elcy^ ourRightTrufty and Well-
beloved Counsellor, Anthony Lord
Ajhley, Chancellor of our Exchequer ;
S\t George Carterett,Kt. and Baronet,
Vice-Chanriberlain of our Houfliold,
and our Trufty and Well-beloved,
Sir PVilliam Berkelc^^ Kt. and Sir Pe-
ter Colleton, Kr. and Baronet, being
excited with a laudable and pious
Zeal for the Propagation of the Chri-
llian Faith, and the Enlargement of
our Empire and Dominions, have
humbly befbught Leave of us by
their Induftry and Charge, to tranf-
port and make an ample Colony of
our Subje^is, Natives of our King-
dom oi England, and eUewhere with-
in our Dominions, unto a certain
Counrr}', hereafter dcfcribed, in the
Parts of America not yet cultivated
or planted, and only inhabited by
iome barbarous People, v/ho have
no Knowledge of Almighty God.
And whereas the faid Edward, Earl
of Clarendon ; George, Duke of Albe-
.marle j fVilliam, Lord Craven ^ John,
Lord Berkeley, Anthony, Lord Ajl:ley j
S\v George Carterett,Sir f^I'iL'iam Berl{C^
ley. Sir Peter Colleton, have humbly
befought us to give, grant and con-
firm unto them and their Heirs the
faid Country, with Privileges and ju-
rif3i6lions requiiite for the good Go-
vernment and Safety thereof. Know
ye therefore, That We favouring
the pious and noble Purpofe of the
faid Edvoard,^^x\ o'tClarendon; George,,
Duke of Albemarle ; H^iliiam, Lord
Craven; John, Lord Berkeley; Antho-
ny, Lord Ajlolcy ; Sir George Carterett^
SiTtVilliam Berkeley and Sir Peter Col-
leton, of our fpecial Grace, certain
Knowledge and meer Motion, have
given, granted and confirm'd, and
by this our prelcnt Charter, for Us,
our Heirs and Succeflbrs, do give,
grant and confirm unto the faid Ed-
ward, Earl of Clarenden ; George^
Duke of Albemarle • H^ilUam, Lord
Craven ; John, Lord Berkeley ; Antho-
ny, Lord Ajhley ; Sir George Carteretf^
Sir I4^illiam Berkeley and Sir Peter Col-
leton, their Heirs and Afligns, all
that Territory, or Tra6l of Ground,
fcituate, lying and being within our
Dominions in America- extending
from the North End of the Ifland,
called Lucke-Ijland, which lieth in
the SoxMhtrn Virginia Seas, and with-
in 56 Degrees of the Northern Lati-
titude ; and to the \Yc[\ as far as the
South Seas ; and fo Southerly, as far
as the River St. Matthias, which
bordcreth upon the Coaft of Florida,
and within one and thirty Degrees
of Northen Latitude, and fo Well in
A a
[ 2
a dire6l Line, as far as the South
Seas aforefaid ; together with all
and fingular Ports, Harbours, Bavs,
Rivers, Iflesand Iflets, belonging un-
to the Country aforefaid, and alfb,
all the Soil, Lands, Fields, Woods,
Mountains, Ferms, Lakes, Rivers,
Bays and Iflets, fcituate, or being
•within the Bounds or Limits afore-
faid, with the fifiiing of all forts of
Fid], ff-^/J^/pJj Sturgeons, and all other
Royal Fiflies in the Sea, Bays, Iflets
and Rivers, within theft Premifes,
and the Filh therein taken. And
moreover, allVaines, Mines, Qaar-
ries, as well difcover'd as not dif
cover'd, of Gold, Silver, Gems, pre-
cious Stones, and all other whatfo-
ever; be it of Stones, Metals or any
other thing whatsoever, found, or to
be found within the Countries, Jfles
and Limits aforefiid.
And furthermore, the Patronage
and Avovvfbns of all the Churches
and Chapels, .which as Chriflian Re-
ligion fhall increafe v/ithin the Coun-
try, liles, Iflets and Limits aforefaid,
iliall happen hereafter to bq erected ;
together with Licence and Power to
build and found Churches, Chapels
and Oratories in convenient and fit
Places within the faid Bounds and
Limits ; and to caufe them to be de-
dicated and confecrated, according to
the Ecclefiallical Laws of our King-
dom of England • together with all
and fingular, the hke, and as ample
Rights, jurifdi6lions, Priviledges,
Prerogatives, Royalties, Liberties,
immunities, and Franchifes, of what
kind ft^cver, within the Countries
lOcs, Iflets and Limits aforefaid, ^
To have, ufe, exercife and enjo]^,
and in as ample Manner as any Bi-
fhop of Durham in our Kingdom of
England, ever heretofore have held,
ufcd or enjoyed, or of Right ought,
or could have, ufe or enjoy ; and
thcci the (aid Edmrd Earl oiC Uren-
J
don, George Duke of Alhemarle, WiU
linm Lord Craven, John Lord Bef^er-.
ley, Anthony Lord Afoley, Sir George ■
Carteret t, Sir I'Vllliam Berkeley and
Sir Peter Colleton, their Heirs and Af^
figns. We do by thefe Prefents, for
us, our Heirs and Succellors, make,
create and conftitute the true and ab-
fblute Lords and Proprietors of the
Country aforefiid, and of all other
the Premifes, faving always- the
Faith, Allegiance, and Sovere^n
Dominion due to us, our Heirs and
SucctfTors, for the fame; and faving
alfb the Right, Title and Interefl: of
all and every our Subjedls of the
Englz/h Nation, which are now plan-
ted within the Limits and Bounds
aforefaid, (if any be :) To have, hold
poflefs, and enjoy the faid Country'
Ifles, lOets, and all and fingular,
other the Premifes to them, the faid
Edvpard E. o'l Clarendon, George Duke
O^ Albemarle, PVilliam Lord Crav:n,
John Lord BerJ^ely, Anthony Lord Ajh-
ley. Sir George Cartcrett, Sir PfUliam
Berkeley and Sir Peter Colleton, their
Heirs and^ Ailigns for ever, to be
holden of us, our Heirs and Succef
fbrs, as of our Mannor of Eaji Green-
wich, in our County of K.ent, in free
and common Soccage, and not in
Capite, nor by Kjiights Service, y elid-
ing and paying yearly to us, our
Heirs and Succcffors, for the fimee
the Yearly Rent of Twenty Marks
of Lawful Money of ii«^/^w^, at the
Feaft of All Saints, Yearly forever.
The firft Payment thereof, to begin,
and to be made on the Feaft of -^//
Saints, which (hall be in the Year of
our Lord One Thoufand Six Hun-
derd Sixty and Five, and alfb the
fourth Part of all Gold and Silver
Oar v/hich within the Limits afore-
faid, fliall from tim.e to. time, happen
to be found.
And that the Country thus by us
granted and dcfcribed, may be d ig-
nited
t?3
■fi^ficd by us With askrge Titles and
Privi ledges as any other Parts of our
Dominions and Territories in that
Region. Know ye, that we of our
further Grace, certain Knowledge,
and meer Motion, have thought fit
tb Erecfl the lame Tra6l of Ground,
Country and Illand, into a Province,
and outof theFulinefs of our Royal
Power and Prerogative ; we do, for
us, our Heirs and Succeffors, Ere6}',
Incorporate and Ordain the (ame into
a Province; and do call it the Pro-
vince of Carolina : And fo, from
henceforth, will have it called. And
forafmuch as we have hereby made,
and ordained the aforefaid Edward
Earl of Clarendon^ George Duke of Al-
bemarle^ PVi/liam Lord Craven, John
Lord Berl^elej, Antho7ty Lord Ajhlcy^
Sir George Carterett^ Sir PVilUam
Berkeley and Sir Peter Colleton, their
Heirs and Aliigns, the true Lords
and Proprietors of all the Pro-
vince aforefaid. Know ye therefore
moreover, that we repoling Efpeclal
Truft and Confidence in their Fide-
lity, Wifdora, Juftice and Provident
CircumlpeiStion for us, our Heirs and
Succeffors, do grant full and ablolute
Power by Virtue of thefe Prcfcnts,
to them, the fald £<^tr^riEarlof C/:t-
rendon, George Duke of Albemarle,
H^illiam L. Craven, John L- Berk^ly,
Anthony Lord Ajhtey, Sir George Cnr-
terett. Sir iVllliam Berkeley and Sir
Peter Colleton, and their Heirs for the
good and happy Government of the
(aid Province, ro Ordain, Make, En-
adl, and under their Seals to publifh
any Laws whatfbever, either apper-
taining to the publick State of the
(aid Province, or to the private
Utility of particular Perfons, ac-
cording to their bed Difcretion, of,
and with the Advire, Affentand Ap
probation of the Freemen of the h\d
Province, or of the greater Part of
them, or of their Delegates or Depu-
ties, whom for ena6Hng of the fiidf'
Laws, when, and as often as need
fhall require, we will that the faid
Edward £• of Clarendcn, George Duke
Oi Albemarle, PVllliam Lord Craven^
John Lord Ber^ely^ Anthony Lord A/It~
ley. Sir George Carterett, Sir PVIUlam
Ber!{eiy and Sir Peter Colleton and their
Heirs, (hall from time to time, af^
femble in fuch Manner and Form as
to them {hall (eem bei!:, and the
fame Laws duely to execute upon all
People within the (aid Province and
Limits thereof, for the Time being,
or which fhall be conflicuted under
the Power and Government of them,
or, any of them, either filHng to-
v/ards the faid Province of Carolina,,
or, returning from thence towards
England, or any other of our, or
Foreign Dominions, by Impofitlon
of Penalties, Imprifbnment, or any
other Penifhmcnt ; yea. If it fhall be
needful, and the QiJaliry of the Of-
fence requires Ir, by taking away
Member and Life, either by them
the faid Edward Earl of Clarendon,
George Duke of Albemarle, PVilliam
Lord Craven, John Lord Berkcly^ An-
thony Lord Ajh ley, Sir George Carte-
rett, Sir William Berkeley, and Sir
Vctcr Colleton, and their Heirs, or by
them, or their Deputies, Lieutenants,
Judges, Juftices, Maglflrates, Offi-
cers and Minlfters, to be ordained,
or appointed according to theTeno!:
and true. intention of rhefe Prc/en.;s ;
and llkCAvIfe, to Appoint and Efla-
bliHi any Judges, or Jufllces, Magi-
ffrates, or Officers whaifbever, with-
in the faid Provnice, at Sea or Land,
In fuch Manner and Form, as unto
the fiiid Ed\va)d Earl of Clarendon,
George Duke of Albemarle, IPiHiam
"LovdiCravcn, John L.r)T& Berkeley^ An-
thony Lord AJhlcy, Sir George Cute-
rett. Sir IVilliarn Berkeley, and Sir P.
Colleton, and their Heirs, fhall fecni
molt convenient. Alfo to Remit,
A 2,
Re-
1143
Releaie, PaiTiIonj and Abollfli, fwlie-
ther before Judgment, or after) all
Crimes and Oft'ences whatfbver a-
gainft the (aid Laws, and to do all
and every other Thing and Things
which unto the compleat Eftablifb-
ment of Juftice unto Courts, Selfions
and Forms of judicature, and Man-
ners of Proceedings therein, do be-
long, although in thefe Prefents, cx-
prels mention be not made thereof,
and by Judges, and by him, or them
delegated to award, procefs, hold
Pleas, and determine in all the did
Courts and Places of Judicature, all
Adlions, Suits and Caufes whatfb-
ever, as well Criminal as Civil, real,
mixt, perfonal, or of any other Kind
or Nature whatfbever ; which Laws,
fo as aforefaid to be publifhed, our
Pleafure is, and we do require, en-
joyn and command, fhall be Abfo-
fblute. Firm and Available in Law,
and that all the Leige People of us,
our Heirs and SucceiTors within the
did Province o^ Carolina, do obferve
and keep the fame inviolably, in
ihofe Parts, Co far as they concern
them, under the Pains and Penalties
therein expreiled, or to be expref
led ; provided neverthelefs, that the
fiid Laws be Confbnant to Reafbn,
and as near as may be, conveniently
agreeable to the Lavv's and Cuftoms
of this our Kingdom of England.
And becaule fuch AfTemblies of
Vree'holders cannot be fbconveni-
tently called, as there may be Occa-
fion to require the fame; we do
therefore by thefe Prefents, give and
grant unto the faid Earl of Clarendon,
George Duke of Albemarle, PJ^illiarn
Lord Craven^ John Lord Ber/^eley,
Anthony Lord Ajhley, Sir Georpe Carte-
vett. Sir f^lliam Berkeley, and Sir
Veter Colleton, their Heirs and Alligns,
by themfelves, or their Magiftrates
in that behalf lawfully authorized,
full Power and Auihority from time
to time, to make and ordain fie and
wholefbme Orders and Ordinances,
within the Province aforefaid, to be
kept and obferved, as well for the
keeping of the Peace, as for the bet-
ter Government of the People there
abiding, and to publifh the fame to.
all to whom it may concern; which,
Ordinances we do by thefe Prefents,
flreightly charge and command to.
be inviolably obferved, within the
faid Province, under the Penalties
therein exprefied, ia as fuch Ordi-
nances be rcafbnable, and not repug-
nant, or contrary, but as near aSf
may be, agreeable to the Laws^ and.
Statutes of this our Kingdom of £k^-
land, and fb as the fame Ordinances
do not extend to the binding, char-
ging, or taking away of the Right or
Interefi of any Perfbn or Perfbns, ra
their Freehold^ Goods, or Chattels
whatfoever.
And to the End the faid Province
may be the more happily increafed
by the Multitude of People refbrting.
thither, and may likewlfe be the
more ftrongly defended from theln-
curfions of Savages, and other Ene-
mies, Pirates and Robbers ; there-
fare, we for us, our Heirs and Suc-
ceflbrs do give and grant by thefe
Prefents, Power, Licenfe and Libera
ty unto all the Leige People of us,
our Heirs and Succeflbrsin our King-
dom o^Englandy or. elfewhere within
any other our Dominions, Iflands,
Colonies, or Plantations (excepting
thofe who fhall be efpecially forbid-
den) to Tranfport themfelves and
Families unto the faid Province, with
convenient fhipping and fitting Pro-
vifions,and there to fettle themfelves,
Dwell and Inhabit, any Law, Statute,
A61, Ordinance, or other thing, to
the contrary in any wife, notwith-
flanding : And we will aifb, and of
our more fpecial Grace for us, our
Heirs and SucceiTors do flreightly
En.-
[S3
Ejajoyn, Ordain, Conftltatp and
Command that the faid Province of
Carolina fliall be of our Allegiance,
and that all and fingular theSubje6ls,
and Liege People of us, our Heirs
and Succeffors transported, or to be
tranfJDorted into the faid Province,
and the Children of them, and of
iuch as fliall Defcend from them,
there born, or hereafter to be born,
be, and fliall be, Denizons and
Leiges of us, our Heirs and Succef^
lors 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 Succet
Ibrs, bo-ra within this our faid King-
dom, or any other of our Domini-
ons, and may inherit, or otherwij^
Purchafe and receive, take, hol!^
buy and pofTefs any Lands, Tene-
ments, or Hereditaments, within the
lame Places, and them may occupy
poflefs and enjoy, give, ItU, alien,
and bequeath ; as likewife, all Li-
berties, Franchifes and Privileges of
this our Kingdom of England -cind. of
other our Dominions aforefaid, and
may freely and quietly have, poflefs
and enjoy as our Leige People born
within the fame, without the leafl:
Moleftation, Vexation, Trouble or
Grievance of us, our Heirs and Suc-
ceflbrs, any Statute, A<Sb, Ordinance
or Provlfion to the contrary notwith-
ftanding.
And furthermore that our Subje^^s
of this our faid 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
fpecial Grace, certain Knowledge
and meer Motion, do give and grant,
by virtue of thefe Prefents, as well
to the faid Edward Earl of Clarendon^
George Duke of Albemarle^ TVilliam
Lord Craven^ John Lord Beri^ly^ An-
tbonj Lord Ajhlcj/j Sir George Carte'
retf. Sir IViS^iam B^rkeley^ and 3Ii'
Peter CoIIetoft, and their Heirs, as un-
to all others as fliall, from time to
time, repair unto the faid Province,
with a Purpofe to inhabit there, or to
Trade with the Natives of the iald
Province, full Liberty and Liccnfe
to lade and freight in any Ports what-
fbever, of us, our Heirs and Succcl-
fors, and into the faid Province of
Carolina, by them, their Servants
and Aliigns, to tranfport all and Im-
gular their Goods, VVares, and Mer-
chandizes i as lilcewife, all Sorts of
Grain v/hatfbever, and any other
Things whatfbever, neceiTary for the
Food and Cloathing, not prohibited,
by the Laws and Statutes of our
Kingdoms and Dominions,, to be
carry'd out of the fame without any.
Lett or Molefliation of us, our Heirs
and SuGceflbrs, or of any other of
our Officers or Minifters whatfbe-
ver, faving alfb to us, our Heirs and-
SucceiTors, the Culfoms, and other
Duties and Payments, due for the
faid Wares and Merchandizes, ac-
cording to the (cvcral Rates of the
Places from whence the fame fliall
be tranfported. We will alfo, and
by thefe Prefents, for us, our Heirs-
and Succeffors, do give and grant
Licenfe by this our Charter, unto the
fd'id Edward E^d o[ Clarendon, Georgs
Duke o^ Albemarle, ff7llia7nhord Cra-
'ven. Join Lord Berkeley, Anthony L.
Ajhley, Sir George Cartcrett, Sir H'il-
Ham Berkeley, and Sir Peter Colleton^.
their Heirs and Alligns, and toallthe
Inhabitants and Dwellers in the Pro-
vince aforefiid, buvh prefent and to
come, full Power and ablblute Au-
thority to import or unlade by them-
felvcs, or their Servants, Fa6fors or
Afiigns, all Merchandizes and Goods
whatfoevor, that fliall arife of the
Fruits and Commodities of the faid
Province, either by Lund or by Sea,
into any the Ports of us, our Heirs.
and
1 6 1
UjiglaiRs^, • S^cotiMif (it 'iretit ?M',' ^r (kher- '•
wile \b dirpofe- o^ tlic (aid Godds in '
tVie faid Ports ; and i f need be, w ith-
ifi Ohe Yea'r'ilext after the unlading,
to lade the faid Merchandizes arid
Goods again into the fame, or other
Shipc, a:id ta export the fame into"
any other Countries, either of our
Dominions, or foreign, being tn A-
rhity with us, our Heirs and Succef^
Tors, fo as they pay fuch Cuftoms, Sub -
fidies and other Duties forjthe fame to
us, our Heirs and Succeflbrs, as the
reft of our Subjects of this our King-
dom, for the time being, fhaU be .
bound to pay, beyond which, we
will not that the Inhabitants of the
iaid Province of C<?ro//«4'fliall beany
way charged,
. Provided neverthelefs, and our
Will.and Pieafure is, and we have
further for the Confiderations afore-
laid, ofour more efpecial Grace, cer-
tain Knowledge and meer Motion,
given and granted, and by thefe Pre-
'i'ents, for us, our Heirs and Succef^
fors, do give and grant unto the faid
JZclxvard E. of Clarendon^ George Duke
of Albemcirle^^ William -Lord Craven^
John Lord Berkeley-, Anthony Lord
Ajhley^ Sir George Carterctt^ Sif 14^11-
liam Berlicly and Sir Peter Colleton^
their Pleirs and Allign?, full and free
Licenfe, Liberty and Authority at
any time, or times, from a-nd after
the Feaft of St. Michael the Arch- An-
gel, which fhall be in the Year ofour
Lord Chrift, One Thoufand Six
Hundred, Sixty and Seven; as Well'
to import, and bring into any of our'
Dominions, from the (aid Provjrrce
o^ Carolina, or any Part thereof, the
Several Goods and Commodities here-
in alter mentioned ; that is to fay,
'Silks, Wines, Currants, Raifons,
Capers, Wax, Almonds, Oyl and
Olives, v/ithout paying or anflvering.
CO us, OUT Heirs or 'Succcffors, any
Cudom, Imped or btl^ifer jDuty, foF»-
or- m refpe6t thereof, for and- durin^g'
the Term and Space of Seven Years,-
to commence and be accompted from
and after the firft Importation of Four
Tons of any the faid Goods in any
one Bottom, Ship or Veflei, from the
faid Province, into any of our Do-
minions ; as alffj, to export and car-
ry out of any ofour Dominions into
the faid Province of Carolina, Cu-
ftom-free, «11 forts of Tools which
riiall be ufeful or neceffary for the
Planters there, in the Accommoda-
tion and Improvement of the Premi-
fcs, any thing before in thefe Prc-
fcnts contained, or any Law, AcSt,
Statute, Prohibition, or other Matter
ffThing heretofore had, made, en-
ed or provided or hereafter to be.
had, made, eriafted, or provided to
the contrary in any wife notwith-
iVanding. ' ■^'■' •'. -
And furthermore, ofour more am-
ple and efpecial Grace, certain
Knowledge and meer Motion, we do
for us, our Heirs and Succeflbrs
grant unto the faid Edtvard Earl of
Clarendon, George Duke of Albemarle-,
J^^'iiliam Lord Craven, John Lord
Berkely^ Anthony Lord Ajhley, Sif
Geoege Carter ett. Sir iVilliam Berkeley
and Sir Peter Colleton^ their Heirs and
AlTigns, full and abfblute Power and
Authority to make, ere6t and con-.
flitute within the faid Province of
Carolina^ and the Ifles and Iflets afore-
fu'd, fuch and fb many Sea-Ports,
Harbours, Creeks and other Places,
for difcharge and unlading of Goods
and Merchandizes Out of Ships, Boats
and other Veflels, and for lading of
them in fuch and ff) mrjny Places,
and with fiich jurifdi61:ions, Privi-
ledges and Franchifes, unto the faid
Ports belonging, as to them fhall
fcem moft expedient ; and that all
and lingular, the Ships^ Boats and
■other Veffcls, which fhall come for
Mcr-
17
Merchandizes, and trade into the
■ faid Province, or (hall depart otlt of
the flime, fhall be laden and unladen
at flich Ports only as fhall Tdc ere^^Ticd
and conftituted by the (aid Edward
Earl of Clarendon^ George Duke of
Albemarle^ fViHiam L. Craven ^ Jobti
. Lord Berkekj/, Antlmiy Lord -^Jhley^ ,
Sir George Carterctt^ Sir IViilian Ber-
keley and Sir Peter Colleton^ their Heirs
and Alligns, and not elfewhere any
ufe, Cuftom, or any thing to the con-
trary in any wife not\s4thfi:anding.
And we do furthermore willjappoint
and ordain b^ thefe Prefents, and
for us, our Heirs and Succeffors, do
grant unto the faid Edv;>ard Earl of
Clarendon, George Duke oF Albemarle,
H^'illinm Lord Cravm, John Lord
Berkely, Anthony L. ^Jhley, Sir George
Carterett, Sir l^Villiam B^rl^elcy and
Sir Peter Colleton, their Heirs and Al-
ligns, That they the faid Edward E
ot Clarendon, George Duke of Alve.
marie, yi^illiam Lord Craven, John
Lord Bsrkcly, Anthony Lord AJhley,
Sir George Carterett, Sif H'^illiam Ber-
keley and Sir Peter Colleton, their Heirs
and Aliigns, may from time to time,
forever, have and enjoy the Cuftoms
and Subfidiesin the Ports, Harbours,
Creeks and other Places within the
Province aforelaid,payable for Goods,
Merchandizes and Wares there laded,
or to be laded or unladed, the laid
Cuftoms to be reafbnable aflelTed up-
on any Occallon by themfelvcs, and
by and with the Confent of tlie free
People there, cr the greater Part bf
them, as aforefaid ■ to whom we give
Power by thefe Prefents, for us, our
Heirs and Succellors.upon juftCaufe,
and in a due Proportion to aflels and
impofe the fame.
And further, of our efpecial Grace,
certain Knowledge and meer Motion,
we have given, granted and con-
firmed, and by thefe Prefents, for
us, our Heirs andSuccelibrs, do give,
grant and confirm unto the faid Ed-
ward Earl o^ Clarendon, George Duke
of Albemarle, PVilliam Lord Craven^
John Lord B.-rkjley, Anthony Lord AJh-
ley, Sir George Carterett, Sir PVilliam
Berkeley^ and Sir Peter Colleton^ their
Heirs and AiUgns, full and abfbiute
Licenfe, Power and Authority, thac
the faid Edward Earl of CUrcndoft,
George Duke of Albemarle, PVilliaryi
Lord Craven, ^chn L.ord Berkeley, An-
thony Lord AJhley, Sir George Carte-
rett, Sir fVIlIiam Berkely, and Sir P.
Colleton, their Heirs and Alligns, from
time to time, hereafter for ever, at
his and their Will and Pleafure, may
ailign, alien, grant, demiie or en-
feofl the Premifcs or any Parts or
Parcels thereof to him or them, that
fhall be willing to purchafe the fame;
and to fuch Perfon or Perfbns, as .
they fhall think fit, to have, and to
hold to them the faid Perfon or Per-
fbns, their Heirs andAihgns in Fee-
limple or Fee-tayle, or for Term of
Life or Lives, or Years to be held of
thexn, the faid Edwurd Earl of C/.i-
rcndon, George Duke of Albemarle^
PVilliarn Lord Craven, John Lord Ber-
kclcy, Anthony Lord Ajhley, Sir George
Carterett, Sir William Berkeley, and
Sir Peter Colleton, their Heirs and Af^
fjgns, by fuch Rents, Services and
Cuftoms, as fhall feem meet to the
faid Edw.tr d Earl of Clarendon, Georg'e
Duke of Albemarle^ H'illiam Lord
Ctdven, John Lord Berkjhy, Anthony
Lord A/J:ley, Sir George Carterett, Sir
iVilliam Berkeley, and Sir Peter Colle-
ton, their Heirs yd Aftigns, and not
immediately ol us, our Heirs and
Succeflbrs : And to rh-- ^avus Perfon
and Perfbns, and to all and every of
them, we do give and grant by thefe
Prefents, for us, our Heirs and Suc-
ceflbrs, Licenfe, Authority and Pow-
er, that fuch Perfon or Perfbns, may
have or take the Premifes, or any
Parcel thereof, of the f.\id Edward
Earl
[8]
Earl oF CUrcndcn] George Duke' of Al-
i'emarle, William Lord Craven^' John
Lord Berksley^ Anthony hor^. Ajhley^
Sir Gcorgt Carcaen^ Sir William Ber-
J^eley and Sir Peter Colletm^iheir Hcks
or Alligns, and the fame to hold to
themfelvcs, their Heirsor Ailigns,in
what Ellate of Inheritance whatfbe-
ver, in Fce-fimple, or in Fee-rayle,
or otherwise, as to them and the faid
Earl of Clarendon, George Duke o^ Al-
bemarle, Wlliam Lord Craven, 'j^ohn
Lord Berkeley, Anthony Lord A/lolcy,
■Sir George Cartcrett, Sir William Ber-
keley and Sir Peter Colleton, i\\c]x Heirs
and Aliigns, fhall feem expedient.
The Statute made in the Parliament
oi Edward, Son of King Hcnry^ here-
tofore King of England, our Prede-
ceffor, commonly called, the Statute
of Quia Emptores Tcrr.c, or any other
Statute, a4, Ordinance, Ufe, Law,
Cuftom, or any other Matter, Caufe
or Thing heretofore publifhed or pro-
vided to the contrary in any wife
notwithftanding.
And becaufe many Perlbns born
or inhabiting in the faid Province,
-foi- their Deferts and Services ma}^
expeft, and be capable of Marks of
Honour and Favour, which in re-
fpe6l of the great Diftance cannot
iconveniently be conferred by us ;our
Will and Pleafure therefore is, and
■we do by thefe Prefents, give and
^rant unto the faid Edward Earl of
Clarendon, George Duke of Albemarle,
J'Villiam Lord Craven, John Lord Ber-
keley, Anthony Lord Ajhley, Sir George
Carterett, Sir William Berkeley and
^\r Peter Colleton, their Heirs and A(^
iigns, full Power and Authority to
give and confer unto, and uponfach
•of the Inhabitants of the faid Pro-
vince, as they Qiail think, door fhall
merit the fame, fuch Marks of Fa-
vour, and Titles of Honour, as rhey
(hall think tit, fo as thcfe Titles of
'Honour ;be not the Tafne as are en-
joyed by, or conferred upon any tke
Sub]e6ls of this our Kingdom of"£«^-
land.
And further alfo, we do by theie
Prefents, for us, our Heirs and Suc-
ccflbrs, give and Grant Licenfe Co
them the faid Edward Earl of Claren^
don, George Duke of Albemarle, WtU
Ham Lord Craven, John Lord Berke-
ley, Anthony Lord Ajl:>ley, Sir George
Carterett, Sir William Berkeley and Sir
Peter Colleton, their Heirs and Alligns,
full Pow^, Liberty and Licenfe to
ere6b, raife and build within the faid
Province and Places ^forefaid, or a-
ny Part or Parts thereof, fuch and
fb many Forts, FortrefTes, Caftles,
Cities, Boroughs, Towns, Villages,
and other Fortifications whatfbever ;
and the fame or any of them to for-
tifie and firrnifh with Ordnance,
Powder, Shot, Armory, and all other
Weapons , Ammunition , Habili-
ments of War, both Of^enfive and
Defenfive, as fhall be thought fit and
convenient for the Safety and Wel-
fare of the faid Province, and Places,
or any part thereof j and the fame, or
any of them, from time to time, as
Occafion fhall require, to Difmantle,
Disfurnifh, Demolifh and pull down,
and alfb to Place, Conftitute and Ap-
point in, or over all, or any of the
faid Caftles, Forts, Fortifications,
Cities, Towns and Places aforefaid,
Governours, Deputy Governours,
Magillrates, Sheriffs, and other Of-
ficers, Civil and Military, as to them
ifhall feem meet ; and to the faid Ci-
ties, Burroughs, Towns, Villages,'
or any other Place, or Places, within
the faid Province, to grant Letters or
Charters of Incorporation, with all
Liberties, Franchifcs, and Privileges
requlfite, and ufual, or to, or within
any Corporations within this our
Kingdom of England granted, or be-
longing ; and in the fame Cities, Bur-
roughs, Towns and other Places, to
Confli-
C9]
Conl^itute, Erect and Appoint fiich,
2nd (b many Markets, Marts and
Fairs, as fhall in that behalf be
thought fit and neceffary ; and fur-
ther alfb, to ere6l and make in the
Pravince aforefaid, or any Part
thereof, (b many Manners as to them
fhall feem meet and convenient, and
in every of the fame Mannors to have
and to hold a Court-Baron with all
Things whatfocver, which do a
Court-Baron do belong, and to have
and to hold Views of Franck Pledge
and Court-Leet for the Conlervation
of the Peace, and better Government
of thofe Parts, within fuch Limits,
JurIfdi(Slions and Precin<5ls, as by the
faid Edward Earl of Clarendon, George
Duke of Albemarle, William Lord
Craven, John Lord Berkeley, Anthony
liOrd Ajhley, Sir George Carterett, Sir
PVil/iam Berkeley and Sir John Colleton,
or their Heirs, fhall be appointed for
that purpoie, with all Things what-
fbever, which to a Court-Leet, or
view of Franck Pledge do belong;
the faid Court to be holden by Ste-
wards, to be deputed and authorized
by the faid Ed<epard Earl of Clarendon,
George Dukc of Albemarle, PVilliam
Lord Craven, John Lord Berkeley, An-
thony Lord Ajhley, Sir George Carterctt,
Sir fVilliam Berkeley and Sir Johti
Colleton, or their Heirs, or by the
Lords of other Mannors and Leets for
the Time being, when the fame fhall
he eredled.
And becaufe that in fo remote a
Country, and Scltuate among fo ma-
ny Barbarous Nations, and the Inva-
flons as well of Savages as other Ene-
mies; Pirates and Robbers may pro-
bably be feared ; therefore we have
given, and for us, our Heirs and
SuccefTors do give Power by thcle
Prcfenis, unto the faid Edward Earl
of Clareiidon^ George Duke of /li!e-
mnrle^ J-yjtliam 'Lord Craven^ John L.
B:ik£l^y, AmUny Lord A/bhj, 'Sir
George Carterett, Sir' TVilllani Berks'^
ley and Sir John Colleton, their Heirs
and Alligns by rhemfelves or their
Captains, or other their Offict-rs to
Levy, Mufter and Train all S->rts tjf
Men, of what Condition, or where-
foever born, in the laid Province,
for the time being ; and to make
War and purfue the Enemies afore-
faid, as well by Sea, as by Land ;
yea, even within the Limits of the
faid ProvInce,and by God's AiTiflance,
to vanqulfh and take them, and be-
ing taken, to put them to Death by
the Law of War, or x.o fave them at
their Pleafure ; and to do all and e-
vcry other thing, which unto the
Charge and Office of a Captain-Ge-
neral of an Army, belongeth, or hath
accuftomed to belong, as fully and
freely as any Captain-General of an
Army hath ever had the fame.
Alfb, our Will and Pleafure is, and
by this our Charter, we give untd
the faid Edward Earl of Clarendon^
George Duke of Albemarle, PVilliam
Lord Craven, John Lord Berkeley^ An^
thony Lord Ajhley, Sir George Carte-
rett. Sir William Berkeley and Sir J.
Colleton, their Heirs and Alfigns, full
Power, Liberty and Authority in
Cafe ef Rebellion, Tumult, or Se-
dition (If any fliould happen,) which
God forbid, either upon the Land
within the Province aforefaid or up-
on the main Sea, in making a Voyage
thither, or returning from thence, b/
him and themfelves, their Captains,
Deputies or Officers, to be authori-
zed under his or their Seals, for that
Purpofe : To whom al(b for us, our
Heirs and Succeflors, We do give
and grant by thefe Prefents . full Pow-
er and Authority to cxercife Martial
Law ngalnft mutinous and fcditious
Pcrlbns of thole Parts, fuch as fliall
rcfufc to fubraic rhemfelves to their
Government, or (hall relufe to (^rvc
in the Wars, or fhall Hy to the Ene-
]? ' my,
my, or forfake their Colours or En-
figns, or be Loyrercrs or Srraglers, or
oiherwife howfoever offending _a-
gainft Law, Cuftom or Dllcipline
Military, as freely, and in as amplfe
Manner and Form as any Captain
General of an Army, by virtue of his
Oftice, might, or hath acculioraed to
ufh the fame.
And Our further Pleafure is, and
by thcfe Prefehrs, for Us, our Heirs
and SuccejQTors, VVe do grant unto the
fiiid Earl oiClarendon^ Gsorge Duke of
Albemarle, PJ^illhm Lord Cravsn, John
Lord Berkpleyy Anthony Lord /if^ky,.
Sir George Career en. Sir frPilHam Ber-'^
k^ley and Sir John Colleton^ their Heirs!
and Aiiigns, and to the Tenants^and
Inhabitants of thefaid Province of C.^-
roiina, both prefent and to come, and
roevcryof thcna, that the faid Pro-
vince and the Tenants and Inhabi-
tants thereof, (hall not from hence-
jtorth, beheld or reputed a Member,,
or Part of any Colony v/hatfbever,
in America or ellewhere, now tanfport-
fid or made, or hereafter to be tran-
iported or made : nor fhall be de-
pending on, orfabjecb to their Go-
vernment in any Thing, but be ab-
folutely feparated and divided from
the fame : And our Pleadire is, by
thefe Prefents, That they be fepara-
ted, and that they be fubje<Sl: immedi-
attiy to our Crown oiEngUnd^ as de-
pending thereof for ever. And that
the Inbabitanrs-of the faid Province,,
or any of them, Ihall at any time
iiereafter, be compelled or compella-
ble,, or be any ways fubjccS^, or liable
to appear or anfwer to any Matter,.
Suit, Caufe, or Plaint whatfoever, out
of the Province afoi:efaid, in any_ o-
therofour Iflands, Colonies or Do-
minions in America or elfewhere, o-
rher than in our KcoXmal Engl and dXiA
Dominion of IVa'ies.
And becaule it may happen, That
f;me of the People and Inhabitants of
the faid Province^ cannot in their prli
vate Opinions conform to the Pub-
lick Exercife of Religion according
to the Liturgy, Form and Ceremonies
of the Church of England^ or take
and lubfcribe the Ojths and Articles
made and eilablifhed in that behalf;
And for that the jfame, by reafbn o^
the remote Diftances of thefe Places
will we hope, be no Breach of the
Unity, and Uniformity, Edablifhed
In this Nation. Our Will and Plea-
fiire therefore is, and We do by thefe
Prefents for Us, ©ur Heirs and Suc-
ccflbrs, give and grant unto the fiid
Edrvard Earl of Clarendon^ George DI-
01 Albemarle y PT^illlam Lord Craven,
John Lord Berk/lsy, Anthony Lord aJJj-
ley, Sir George Cart ere ft. Sir Pl^llliam .
Bcrkjley^ and Sir John Colleton, their
Heirs and Aiiigns, full and free Li-
cenfe, Liberty and Authority, by
(uch Legal Ways and Means as they
fhall think fit to Give and Grant unto
fuch Perfan and Perfons Inhabiting,
and being within the laid Province, or
any Part thereof, who really in their
Judgments, and for Confcience fake, .
cannot, or fliall not Conform to the
faid Liturgy and Ceremonies, and
take and fubfcrlbe the Oaths and Ar-
ticles aforefaid, or any of them, fuch
Indulgences and Diipenlations, In
that behalf, for and during ftich time
and times, and with fuch Limitations
and P.e(lri6tions as they the laid Ed-
ward Earl of Clarendon, George Duke
of Albemarle, fVilliam Lord Craven,
John Lord Berkeley, Anthony Lord Ajh-
Icy, Sir George , Carter ett. Sir William
Berkeley and Sir John Colleton, their
Heirs, or Aiiigns, (hall in their Dil^
cretion think fit, and reafonablc, and
with this expreis Provifo and Limita-
tion alio, that fuch Perfon or Perfons,
to whom fuch Indulgences and Dif-
penlations lliall be granted as afore faid
do,and (hall from time to time,declate
and continue all Fidelity,Loyalty and
Obe.
C II 3
Obedience to X[i, our Heirs and Suc-
ceflbrs, andbe Subjecland Obedient
to ail other the Laws, Ordh-»ances
and Conflltutlonsofthelaid Province,
in all Matters whatibever, as well
Ecciefiaftical as Civil, and do not in
any wife Difturb the Peace and Safe-
ty thereof, or Scandalize, or Reproach
the faid Liturgy, Forms and Ceremo-
nies, or any Thing relating thereun-
to, or any Perfbn or Perlbns what-
fbever, for, or in refpefl of his, or
their life, or Exercife thereof, or his,
or their Obedience, or Conformity
thereunto.
And in Cafe it {hall happen. That
any Doubts or Queftions fhould arife
concerning tlie True Sence and Un-
derftanding of any Word, Claufe or
Sentence, contained in this our Pre-
ient Charter, We Will, Ordain and
Command, that at all Times, and in
all Things, fuch Interpretation be
made thereof, and allow'd in all and
every of Our Courts whatfbever, as
Lawfully may be Adjudged moft
Advantageous and Favourable to the
laid Edvoard Earl of Clarendon, George
Duke Albemarle, l^illinm LordCr^t^fW,
John Lord Berk^eley, Anthony Lord Ajh-
ley. Sir George Carterett, Sir PVilliam
Berkeley and Sir John CoUefon, their
Heirs^ and Afllgns] although Exprefs
Mention be not made in thefe Pre-
fentsj of the True Yearly Value and
Certainty of the Premifes, or any
part thereof, or of any other Gifts
and Grants made by Us, ou r Anceftors,
or Predeceffors, to them the {aid /li-
mard Earl of Clarendon, George Duk^
of Albemarle, PyHUnm Lord Craven^
John hord Berkeley,' Anthony hord AjJu-
ley. Sir George Carterett, Sir William
Berkslty, and Sir John Colleton, or a-
ny other Perfbn, or Perfbns whatfb-
ever, or any Statute, A61:, Ordinance,
Provifion, Proclamation, orReftraInt
heretofore Had, Made, Publiflied,
Ordained, or Provided^-or any other
Thing, Caufe, or Matter whatfeever,
to the contrary thereof, in any Wile
Notwithftanding.
In iFitnefs, Scc Witnefs the Isjng^
<trWeftminfter, the xi^th Day of
March, in the i^th Tear of Our
I{eign.
Per ipfum Regem,
The Second Charter is Verbatim by
the Firfl, only enlarging theBounds^
it was granted to the fame Gran-
tees with the Former, and is da-
. ted the 90th of Junc^ s^ Car.il,
B 2
n
oe
(Numb, 2.)
[ 12]
The Fundamental Conjlitutions of Carolina.
OU R Severeign Lord the King ha-
ving out of his Royal Grace and
Bounty, granted unto us the Province of
Carolina, with all the Royalties, Proprit-
ties, Jurirdi£iions and Privileges of a Coun-
ty Fuhtine, as large and ample as the
County Palatine o^ Durhdm, with other
great Privileges ; for the better Settle-
inent of the Government of the faid Place,
and eftablifhing the Intereft of the Lords
Proprietors with Equality, and without
Confufion, and that the Government of
this Province may be made moft agreea-
ble to the Monarchy under which we live,
and of which this Province is a Part ; and
ihatWe may avoid creating a numerous
Democrscj, we the - Lords and Proprietors
of the Province aforefaid, have agreed to
this following Form of Covernme?jt, to be
perpetually eftablifhed amongftus, unto
which we do oblige our felves, our Heirs
and Succcffors, in the moft binding Ways
that can be devifed.
X. prietors Ihall
EJdef} of the Lords Pre-
be Paktine, and
upon the Deceafe of the Palatine, the
:Eldefl of the Seven furviving proprietors
fhall always fucceed him.
§. 2. There (hall he Seven other Chief
Offices er^^d, vi^. The Admirals, Cham'
herlains,' Ch^^icel'ors, Cotijiables, Cbief-
^uflices, High'SttvJjLrds and Treafurers ;
which Places (hall beenjoy'dby none but
the Lords Proprietors, to be aflign'd at
firft by Lot, and upon the Vacancy of a-
jiy one of the Seven Great Offices by
Death, or otherwife, the Ehleft Proprie-
tor fhall have his Choice of the faid
Place.
§, 3, The whole Province fliall be di-
vided into Counties', each County Ihall con-
iift of Eight Signioritsj Eight BxronieSt
and Four Precin^s •, each Freeing Chall
confift of Six Colonies,
§. 4. Each Signiory, Barony and Colorjt
ihall confift of Twelve Thoufand Acres,
the Eight Signiories being the Share of the
Eight ProfriiurSf and the Eight Btironi »
of the Nobility, both which Shares being
each of them one l-ifth part of the Whole,
are to be perpetually annex'd the one to
Proprietors, the other to the Hereditary
Nobility, leaving the Colonies, being
Three Fifths, amongft the People ; that
fo in fettirg out, and planting the Lands,
the BalJance of the Government may be
preferved.
§. 5. At any Time before the Yeat
One Thoufand Seven Hundred and One,
any of the Lords Proprietors fhall have
Power to relin^iuijh, alienate, and difpofeio
any other Pcrlbn, his Proprieto>jhip, and
all the Signiories, Powers, and mtereft
thereunto belonging, wholly and entirely
together, and not otherwife. But after
the Year One Tlioufand Seven Hundred,
thofe who are then Lords Proprietors j {hall
not have Power to Alienate, or Mike over
their Proprietorfoip, with the Signorics and
Privileges thereunto belonging, or any
part thereof, to any Perfon whatfoever,
otherwife than as in §. 18. but it fhall all
defcend unto their Jleirs Male\ and for
want of Heirs Male, it fhall all dejcendoa.
that Landgrave or Cajft^ue of Carolina,
who isdefcended of the next Hein Female
of the faid proprietor j and for want of
fuch Heirs, it Ihall defcend on the next
Heir general ; and for want of fuch Heirs,
the remaining Seven Proprietors, fhall
upon the Vacancy, cbufe a Landgrave to
fucceed the deceafed Proprietor, who be-
ing chofen by the Majority of the Se-
ven furviving proprietors, he and his
Heirs fuccefTively fhall be Proprietors, as
fully to all Intents and Purpoles as any of
the Reft.
§. 6. That the Number of Eight Pro'
prietors may be conftantly kept ; if upon
the Vacancy of any Proprietoijhip-, the Se-
ven furviving Proprietors fhall not chufe a
Landgrave to be a Proprietor^ before the
Second biennial Parliament after the Va-
cancy } then the next biennial Parliament
but one, after fuch Vacancy, fhall have
Power to (bufe any Undgrave tobe Pro-
prietor.
§'7«
C I? ]
§.7 Whofoever after the Year One
Thoufand Seven Hundred, either by Inhe-
ritance or Choice, fhall fucceed any Pro-
prietor in his ProprietO'foip^ and Signorus
thereunto belonging, ihall be obliged to
tak^ the N^me zwA Arms of that proprie-
tor whom he fuccceds ; whicii from thence-
forth (hill be the Nj.mi and jiins of his
Familv and their Pofterity.
§. 8. W'hatfoever Lundgrttve or Cdf-
fi({ue fhall any way come to be a Proprietor^
fhaD take the Signories annex'd to the laid
proprietorJJnp ; but his former Dignity^
with the Baronies annex'd, (hail devolve
into the Hands of the Lords Proprietors.
§. 9. There (haU be ju(\ as many Liifid-
graves as there areCoMwnex, and twice as
many CaJJl^ues-, and no m.ore. Thefe
(hall be the Hereditary Nobility of the
Province, and by Right of their Dignity
be Members of ParJiament. Each Land-
grave (hall have Four Burovies-, and each
Cajft\ue Two Baronies-^ hereditarijy and un-
dJterably annexed to, and fettled upon the
faid Dignity.
§.10. The firft Landgrave and Cajff
^ues of the Twelve firft Counties to be
planted, (hall be nominated thus ; that is
to fay, cf the Twelve Landgravest the
Lords Proprietors flialleachof them fepa-
rately for himfelf, nominate and chufe one ;
and the remaining Four landgraves o^i\\e
firfl Twelve, (hall be «cr?j/wateii and chofen
by t\ie Palatine s Court. In like manner
of the Twenty Four fir(l Cajfqucs-^ each
Prop'ietor for himfelf (hall nominate and
chufe Two, and the remaining Eight (hall
ht nominated and f jbo/ew by the Palatine^
Court \ and when the Twelve firfl: Comi-
ties (hall be planted, the Lords Proprietors
fhall again in the lame Manner nominate
and ckufe tight more Landgraves.^ and
Sixteen Cajfi^ues for the Twelve next
Counties to be planted; that is to fay,
Two Thirds of each Number by the
fingle Nomination of each Proprietor for
himfelf, and the remaining One Third
by the joint EleSion of the Pa1atine*s
Ceurt.) and fc proceed in the lame
Manner till the whole Piovince ot Caroli-
na he fet out and planted, according to
the Proportions in thefe Fundamental Con-
jiitutioJJs.
§, lie Anv Ltvdgrai'e otCaffiius ata*
ny time before the Year One Thoufand
Seven Hundred and One, fhall have Pow-
er to alienate, feS, or maie over to any 0-
ther Perfon, his Dignity, with the Birr =
»;Vj thereunto belong! !g, all entirely to-
gether. But after the Year one Thoufand
Seven Hundred, no Landgrave o^c Cajfuiue
Ihall have Power to alienate .^feU, mateo-
vet-j or lett the Hereditary BiJronies of his
Dignity-, O'C sny Part th reof, otherwile
than as in §. 18. but they fluU all entire-'
Jy.> with the Dignity thereunto belonging,.
dcfcend unto his Hdrs Mile ; and for wane
o\ Heirs M^/tf, all entirely and undivided^
to the next Heir general ; and for wane
of fuch Heirs-y fhall ^ew/ve into the Hands"
of the Lofds Proprietors,
§. 12. That the due Number of land-
graves and Cajftques maybe always kept
up, if upon the Devolution of any Land-
gravejhip or CaJfi{ueJ}}ip, the Palatine's
CoMrt fhall not fettle the devolved Dignity^,
with the Baronies thereunto annexed, be-
fore the Second biennial Parliament after
fuch Devolution, the next biennial Par^
liamcni but one after fuch Devolution (hall
have Power to make any one Landgrave oc
Caffique in the Room of him, who dying
without Heirs-i his Dignity and Baronies
devolved.
§.13. No one Perfon (hall have wore
than one Dignity^ with the Signiories or Ba^
ronies thereunto belonging. But when"
foever it (hall happen, that any one who
is already Pro/)>-/etor, Landgrave, or Caf-
fipet fhall have any of thefe Dignities de-
fcend to him by Inheritance,' it (hall be
at h'lsChoice to keep which of the Vigni'
ties., with the Lands annexed, he (hall
like beft ; but (hall leave the other, with
the' Lands annexed, to be enjoyed by
him, who not being his Heir Apparent,
and certain Succeffor to his prefent Digni-
ty-) is next of Blood.
§.14, Whofoever by Right of Inheri-
tance (hall come to be Landgrave ©r Caf-
fHue.y fhall take the Name and jirms of his
PredecefTor in that Digmty-, to be from
thenceforth the Name and ^rmsoi hisFa-*
mily and their Pofterity.
§. 15. Since the Dignity^ o( Proprietor,
Landgrave., 0iCaffi({ue, cannot be rfiv/^ci,
and the Signiories or Baronies thereunto
annexed muft for ever all entirely difcend
with
E H ]
v^'ith, and accotTipjny that Dignity, when-
ibsver for vvant of Heirs Male it (hall di-
fcend on the 1(1 ae Female, the Eldefl
Diughtsr and Heirs (hall be preferred, and
ill the Inheritance of thofe JDignities, and
in the Signiories or Bironies annexed,therc
fhall be no Coheirs.
§. 1 6. In every Signlory-, Bxrony^ and
TAannor-, the refpeftive Lord fhall have
Power in his own Name to hold Court'
Leet there, for Trying of all Caufes both
Civil and Criminal ; but where it fhall
concern any Perfon being no Jnhabitxvtt
or Leetmm of the faid Signmj^ Birony-, or
Mannor^ he upon paying down Forty Shil-
lings to the Lord: Proprietors ufe, fhall
have an Jppsal from the Signiory or Birony
Court-, to the County Court, and from the
Mmnor Court to the Preclntl Court.
§. 17. Every Munnor fhall confift of
not lefs than ibree Tkoufmd JcreSy and
not above Trvslve Tboufind Acres in one
entire Piece and Colony ; but any Three
Thoufand Acres or more in one Piece,
and the PofTelTion of one Man, fhall not
be a MMHor, unlefs it be conf^ituted a
Mamor by the Grant of the Paktine's
Court.
§. 18. The Lords of Signiories and Si»
ro?7i« fhall have Power only of granting
Eflates not exceeding Jhres. Lives^ or Thirty
One Teiirsj inTwo Ihirdsof the faid J'/g-
viories or BxronieSi and the remaining
Third fhall be always Pemefne.
§. 19. Any Lord of a Mmnor may
Siimtey felly or difpofe to any other Per-
ibn, and his Heirs for ever, his Minnoty
all entirely together, with all the Privi-
leges and Leet-mcn thereunto belonging,
rp far forth as any other Colony Lands, but
no Grant of any pirt thereof, either in
■pee, or for any longer Term than three
Lives-, or One and Tv^enty rears, (hall be
good againft the next Heir.
§. 20. No Mannor, for want of I(Tue
Male fhall be ^iv/ie(i among it Coheiis;
but the Mannor, if there be but one, fhall
all entirely defcettd to the eldeft Daughter
and her Heirs. Ifthcrebemore Mawworj:
than one, the^ldeft Daughter tirfl: fhall
have her ChSe, the Second next, and ib
on ; beginning again at the tldeft, till
all the M^nnors be taken up; that fo the
■Privileges vihkh belong to •M4??»£»''i being
ipdivifihUy the Lands of the fAmmfs t^
which they are annexed, may be kept en-
tire-, and the Mii««or notloTe thofe Trivi-
leges, which upon parcelling oat tofeve-
ral Owners, muft neceflarily ceafe,
§. 21. Every Lord of z Mannor, within
\\\s Manner , fhall have all the Powers, Ju-
rifdiftions, and Privileges, which a LdBii-
grave or CaJ]l{ue hath in his Bironies-
§.22. In every Signiory, Birony, and
Minnor, all the LeetMen fhall be under
the Jurifdidion of the refpe£live Lords
of the Paid Signiory, Barony-, or MdWMor,
without Appeal from him. Nor fhall a-
ny Leet-Man or Z,eff-W^(?7n(Z« have Liberty
to go ofFfrom the Land of their particu-
lar Lord, and live any where elfe, without
Licenfe obtained from their faid Lord,
under Hand and Seal.
§. 23. All the Children of Leet-Men
(hall be Leet-Men, and fo to all Genera-
tions.
§. 24.. No Man fhall be capable of ha-
ving a Court- Leet or Leet-Men, but a Pro-
prietor. Landgrave, Caffiqiie, or Lord of a
Munnor.
§. 25. Whoever fhall voluntarily enter
himfelf a Leet-Man in the Regiftry of the
County Court, fhall be a Leet-Man.
§. 26. Whoever is Lord of Leet-Men,
fllall upon the Mxrriage of a Leet Man or
Leet-V/ornan of his, give them Ten Acres
of Land for their Lives, they paying to
him therefore not more than one Eighth
part of all the Yearly Produce and Growth
of the faid Ten Acres.
§,27. No Landgrave or CfJ^jHe fhall
be vy'd for any Criminal Caufe, in any
but the Chitffufiice's Court^ and that by
a Jury of his Peers.
§. 28. There fhall be Eight Supreme
Courts. The firft called , Jhe Palatinth
Courts confii^ing of the P4/w«(r, and the
other Seven Proprietors. The other Seven
Courts of the other Seven great Officers,
fhall confifl each of them of a Proprietor,
zndS'iy: Councellors added to him. Under
each of thefe latter Seven Courts fhall be a
Co//ege of Twelve AffiQants. The Twelve
yiffijiants of the feveral Colleges fhall be
chofen j Two cut of the Landgraves, Cdjfu
ques, or eldeli Sons o'i Proprietors, by the
Palatinth Court ; Two out of the La7jd-
graves, hfilic Landgravei Chamber ; Two
out
CIS ]
O'jt of the CajJi{ucSt by tfee Cajftques Cbam-
^er; Four more of the Twelve (hall be
chofen by the Commons Chamber^ out of
fuch as have been, or are Members o^ Par-
liament-, Sbcrifsy or ^ull hts of the Comity
Courtt or the younger Sons of proprietors,
or eldcft Sons of Landgraves or Cuffques ;
the Two other fhallbc chofen by the Pa-
latine's Court f out of the fame Sort of Per-
fons out of which the Commons Chamber
is tochufe.
§. 29. Out of thefe Colleges fhall be
chofen at firftby the Palatine's Coift, Six
Councellors, te be joined with each pro-
prietor m his Court J of which Six, one
fhall be of thofe who were chofen into any
of the Colleges by the Palatine's Court, out
of the Lrndgraves, Cajfi<{ues,ov eldeft Sons
of Proprietors-, one out of tliofe who were
chofen by the Landgraves ChuynbeT-, and
one out of thofe who were chofen by the
CaJJlquesCbamher, Two out of thofe who
were chofen by the Commons Chamber, and
one out of thofe who were chofen by the
Talatinc^i Cowt, out of the Proprietors
younger Sons, or eldeft Sons of Landgraves,
Cdffnues, or Comnions-, qualified as afore-
faid.
§.30. When it fhall happen, that any
Councellor d.\e?t and thereby there is a Va-
cancy, the Grand Council (hall have Power
to remove any Counsellor that is willing
to be removed out of any of the Proprie-
tors Courts to fill up the Vacancy y provided
they take a Man of the fame Degree and
Choice the other was of, whofe vacant
Place is to be filled up. But ifno Coim-
eellor confent to be removed, or upon
fuch remove, the laft remaining vacant
Place in any of the Proprietors Courts^
Ihall be filled up by the Choice of the
Grand Council-, who (hall have Power to
remove out of any of the Colleges-, any
AiTiftant, who is of the fame Degree-mi
Choice that Councellor wasof, into whofe
vacant Place he is to fucceed. The Grand
Council alio (hall have Power to remove
any v^/r.?wr that is willing, out of one Col-
lege into another, provided he be of the
fame Degree and Choice. But the laft re-
maining vacant Place in zn'j College, (hall
be niled up by the fame Choice, and out of
the fame Degree of Perfons the j^jftjiant
w^ of, who is dead or removed, Nd-
Place (hall be viaat in any Ftdprittor^
Court above Six Months. No Place (hall
be vacant in any College- longer than the
next Sdjffjn of Parliaments
§ 51. No Man, being a Member of
the Grani Council, or of any of the Se-
ven Colleges,- (hall be turned out but for
Mifdemeanour, of which, the Grini
Council ihall be Judge, and the Vacancy
of the Perfon fo put out (Iiall be filled, nou
by the Ele£lionof the Grand Council, but:
by thofe who firft chofe him, and out of
the fame Degree he was of, who i« expel-
led. But it is not hereby to be under-
ftood, that the Grand Council hath any
Poroer to turn out any One of the Lord-i
Proprietors, or their Deputies, the lord:;
Proprietors having in tliemfelves an inhe-
rent original Right.
^' 32. All Ele8ioKs\n the Parliament^
in tnefeveral Chambers o\ the Parliimem^
and in the Grand Council, fhall be paflTed
by Balottifig.
§.33. The Palatine\ Court (hall cor.»
fiftof \.\\Q Palatine, and Seven Proprietors j
wherein nothing Ihall be aOed withouc
the Prefence and Confent of the pala-
tine or his Deputy, and Three others of
the Proprietors or their Diputics. This
Court ihall have PoT<fer to call Parliaments-,
to pardon all OfTences, to make Hlcdions
of all officers in the Proprietors difpofe, and
to nominate and appoint Port- 1 owns:
And alfo fhall have Poroer-, by their O. >
der to the Treafurer-, to difpofe of all pub'-
lick Jreafnre-i excepting Money gtanted
by the Parliament^ and by them rtireded
to fome particular publick life : And alfo
(hall have a Negative upon all Ads, Or-
ders, Votes, and Judgments, of the
Grand Couwr;/ and i\\<i Parliament-, cxcepj:
only as in§ 6. and 12. And (hall have all
the Powers granted to the Lords Proprie-
tors-, by their Patent from Our Sovereign
Lord the i\jing-, exctpt in fuch Things as
are limited by thefe Fwuiamemal Conjii".
tut ions,
§. 34. The Palatine himfelf, when he
in Perfon (hall be either in the. Army-, or
in any of the Proprietors Courts-, (hall then
have the Power of General, or of thac
Proprietor in whole Court he is then pre°
fent, and the proprietor, in whofe Court
the Piilutins then prelides; (liall during
his
[ 16]
fcii Prefence there be but as one of the
Council.
§.55. The CbsnceVor's Court-, confift-
ing of one of the proprietors and his Six
Councellors-, who (hall be called Vice Charj'
ceUors, (hall have the Cultody of the Seal
of the Pahtinate-i under which all Char-
ters of Lands or othcrwife, CommilTions
and Grants of the Palmne's Court-, fhall
pafs. And it fhall not be lawful to put
the Seal of the Palatinate to any Writing
which is not figned by the Palatine^ or
his J?eputVt and Three other Proprietors-,
or their Deputies. To this Court alfo be-
longs all State-lAatters-i Difpmhes and
Treaties with the Neighbour Indians. To
• this CourtaKo belongs ail Invalions of the
Law, of Liberty of Confcience-, and all
Diflurbances of publick Peace upon Pre-
tence of J{eligion-, as alfo the Licence of
Printing. The Twelve jiJJiHants belong-
ing to this Court fhall be called Recorders,
§. 36. Whatever palTes under the Seal
-of the Palatinats, (hall be re^i/^er'd in that
■ Troprietor's Court to which the Matter
therein contained belongs.
§, 37. The Chancellor or his Deputy
fhall be always Speaker in Parliament-, and
Trefident of the Grand Council., and in his
and his Deputy's Abfence,one of his Vice
■Chancellors.
§. 38. The Chief^uft ice's Court-, con-
fifting of one of the Proprietors and his
Six Councellors-, who fhall be called ^ufti-
ces of the Bench-, fhall judge all jippeals in
Cafes both CiuH and Criminal-, except all
fuch Cafes as fhall be under the Jurifd itli-
on and Cognizance of any other of the
Proprietors Courts-^ which (hall be tried in
thole Courts rerpe£tively. The Govern-
ment and Regulation of the Hegidries of
Writings and Contcafts, (hall belong to
the JurifdiSion of this Court. The
Twelve jjftjtants of this Court (hall be
.called Idjjien.
§. 39. ThcConflables Co«r-f, confil^ing
of one of the Proprietors and Six Councel-
'lo>s-, who ftiall be called Majhals-, fhall
order and determine of all Military Affairs
by Land, and all Land Forces, Arms,
Ammunition, Artil'ery, Garrifons and
torts, C5f. and whatever belongs unto
Wir. H;s Twelve jHfiJiavti Ihall be cal>
-tdlitutenatj.zOerterals.
§. 40. Tn Time of aciual War, the
Conjiable., whilft he is in the Army, (hall
be General of the Army, and the Six
Councellors-, or fuch of them as the Pali*
tine's Couj't fhall for that time or Service
appoint, fhall be the immediate great Of-
ficers under him, and the Lieutenant'Ce"
nerals next to them.
§.41. The Admiral" sCourt.^ confifting
of one of the Proprietors and his Six Coun-
cellors called Confuls, Chail have the Care
and Infpedion over all Ports, Moles, and
Navigable Rivers, fo far as the Tide
flows, ^nd alfo all the publick Shipping of
Carolina-, and Stores thereunto belonging,
and all Maritime Affairs. This Court al-
fo (hall have the Power of the Court of
Admiralty \ and (hall have Potoer to con-
ftitute Judges in Port-Towns, to try Cafes
belonging to Law-Merchantf as (hall be
mof\ convenient for Trade, The Twelve
Affi/iantshdongm^to this Court fhall be
called Pro Confuls.
§. 42. In time of aftual War, the M-
miral whill^ he is at Seaj (hall command
in Chief, and his Six CouvceSors, or fuch
of them at the Palatine's Court fhall for
that Time and Service appoint, Challbe
the immediate great Officers under him,
and the pro- Confuls next to them.
§.45. The Treafurer's Court^ confift-
ing of a Proprietor, and his Six CbunceU
lorst called Vnder-'Treafurers, (hall take
Care of all Matters that concern the pub-
lick J^venue and Treafury. The Twelve
Affftants (hall be called Auditors,
§. 44. The Bigk-Stexoards Court, con-
fifting of a Proprietor zuA his Six CouKcdi-
/(jrx,calkd Comptrollers, fhall have this
Care of all Foreign and Domeftick //-tfie.
Manufactures, publick Buildings, Wofk.
Boufes, Bigh-roays, Paffages by Water
above the Floud of the Tide, Drains,
ServerSf and B^nis agaioft Inundations,
Bridges, Pojls, Carriers, Fain, Mailets,
Corruption ox hi fed ion of the common Air
or Water, and all Things in order to the
publick Commerce and Beahh \ Alfo fetting
out and Surveying ot Lands \ and alio
fetting out and appointing Places for Toxcns
to be built in the Precin^s, and the pre-
fcribing and deternfning the Figure and
Bignefs of the faid Torvns, according to
i'Mih Models as the fdidCourt (hallo der,
con*
C I? ]
contrary or differing from which Mjdcls,
it (hall not be lawful for any one to build
in any Town. This Court ft.Ui have
Power alio to make any publick Building,
or any new Hiji,h-way, or enlarge any old
High way, upon any Man's Land wha".
foever; as alfotomake Cuts, Channels,
Banks, Locks, and Bridge*, for n'laking
River-s Navigable, or for draining Fens,
or any other publick ufe. The Damage
the Owner of fuch Lands (on or through
which any luch publick thing fhall be made;
fhiall receive thereby, fhall bz valued, and
Satisfaction made by fuch Ways as the
Grand Council (hall appoint. The
.Twelve AlTifiants belonging to this Court,
fhall be called iiurreyors.
§. 4'). The Chamberlain's Court, con-
fifti gofa Proprietor and hisSixCoun-
cellors, called Vice- Chamberlain";, fhail
have the Care of all Ceremonies, Prece-
dency, Heraldry, Reception of publick
Meffengers, Tedegrees, the Regiftry of
all Births, Burials and Marriages, Legi-
timation, and all Cafes conceining Md-
trimony, or arifing from it; and fhall al-
fo have Power to regalate all Fafhions,
Habits, Badges, Games, and Sports. To
this Court alfo it fhall belong, to convo-
cate the Grand Council. The Twelve
Aflift^ants belonging to this Court, fhall be
called Provolis,
§.46. All Caufes belonging to, or un-
der the Juriid!£^tion of any of the Pro-
prietors Courts, (hall in them refpeOive-
ly betry'd, and ultimately determined,
without any farther Appeal.
§, 47. I he Proprietors Courts, fhall
have a Power to mitigate all Fines, and
•fufpendall Execucions in Criminal Caules,
either before or after Sentence in any of
the other inferior Courts refpe£lively.
'§.48. In all Debates, Hearings or
Trials, in any of the Proprietors Courts,
the Twelve / ffif^ants belonging to the
faid Courts refpedively, fhall have Li-
berty to be prefent, but fhall not interpofe
unlefs their Op nions be required, nor
have any Vote at all; but their Bufmefs
fhdll be, by the Diredti m of the refpeftive
Courts, to prepare fuch Bafinefs as Ihall
be conmitted to them ; as alfo to bear
fuch Offices, and difpatch fuch Affairs,
cither where the Court is kept, or etfe-
where,as the Court fhall tliink fit
§. jp. In all the Proprietors Cciirts,the
Proprietor, and any Three of hisCourp-
cellors fhall make "a Quorum ; provided
always, that for the better Difpatch of
Bui^ncfs. it fhall be in the Power of the
Paldtir.e's Court to direft what fort of
Caufes fhall be heard and determined by a
Quorum of any Three.
§ 50 The Grand Council fhall confilt of
the Palatine's and Seven Proprietors, and
the Forty Two Councellors of the feveral
Proprietors Courts, who fhall have Power
to determine any Controverfies that may
arife between any of the Proprietors
Courts, about their refpeflive Jurifdifti-
ons, or between the Members ot the fame
Court, about their Manner and Methods
of proceeding: To make Peace and War»
Leagues, Treaties, ^c with any of the
.Neighbour Indians: To iifue out their
general Orders to the Con (table's and
Ad.iiiral's Courts, for the raiiinji[, difpo-
lin^;, or disbanding the Forces by Land or
by Sea. . *
§, "51. The Grand Council, fhall pre-
pare all Matters to be propofed In Parlia-
ment. Nor (hall any Matter whatfoever
be propofed in Parliament, but what hath
(irff paifed the Grand Council ; which af-
ter having been read Three feveral Days
in the Parliament, fhall by Majority of
Votes be paffcd orrejeftcd,
§. 52. The Grand Council (hall always
be Judg-^sofall Caufes and Appeals that
concern the Palatine, or any of the Lords
Proprietors, or any Councellor of any
Proprietor's Court, in any Caufe which
orherwite fhould have been tried in the
Court in which the faid Coupcellor is
Judge himfelf.
§.53. The Grand Council by their
Warrants to the Tr^afurer's Court, (hall
difpofe of all the Money given by the
Parliament, and by them dlrefted to any
particular publick Ufe.
§ 54. The (^or«7n of the Grand Coun-
cil (hall be Thirteen, whereof a Proprie-
tor or his Deputy (hali be always one.
§ "5 5. The Grand Council (hall meet
the tirrt Tuefday in every Month, and as
much ofcner as either they (hall think fit:,
C • oc
[iS ]
' 6i they fnall be convocatcd by the Cham-
berlain's Court,
§ s6. Tlie Palatine, or any of the
Lords Proprietors, (h ;ll have Power un-
der Hand and Seal, to bs regifter'd in
the Grand Council to make a D(?p*>ty,
who (hall have the fame Power to all Ta-
tents and Purpofes as he himfelf who de-
putes him, except in confir.T;ing Afts of
Parliament, as in § 76. and except al-
i'o in nominating and chafing Landgraves
and Caffiques, as in § 10. All fuch De-
putations Ihail ceafe and determine at the
. End of Four Years, and at any Time
fhall be revocable at the Pleafiire of the
Deputator.
1 § 57' ^^o Deputy of any Proprietor
fhall have any Power whiift the Deputa-
tor is in any Part of CiircUna, except the
Proprietor j whofe Deputy he is, be a
Minor.
§ 58. During the Minority of any Fro*
prietor, his Guardian fhall have Power
to conftitute and appoint his Deputy.
§ 59. The Eldeft of the Lords Proprie-
tors, who (hall be perfonally in Carolinn,
(hall of Courfe be the Palatine's Depu-
ty; and if no Proprietor be in Curolina,
he (hall chufe his Deputy out of the Heirs
Apparent of any of the Proprietors, if
any fuch be there ; and if there be no
Heir Apparent of any of the Lords Pro-
prietors above One and Twenty Years
old in CArolinXy then he (hall cliufe for
Deputy any one of the Landgraves of the
Grand Council j and till he have by De-
putation under Hand and Seal chofen any
one of the forc-mention'd Heirs Appa-
rent or Landgiaves to be his Deputy,
the Eldelt Man of the Landgraves, and
lor want of a Landj^rave, the Eldej\ Man
of the CalTiques, who fhall be perfonally
in Carolina, (hall of Courfe be his De-
puty.
§'60. Each Proprietor's Deputy (hall
be always one of hisoA'n Six Councellors
reflectively; and in cafe any of the Pro-
prietors hath not in hrs Abfencc out of
Curolina. a Deputy, comraiffionated under
bis Hand and Seal, the Eldeit Noble-
man of his Court fhall of Courfe be his
. Deputy.
■§61. In every County there (hall be a
Court, confif^lng of a SherifF and Four
Juf^ices of the County, for every Pre-
cinft one. The Sheriff fhall be an Inha-
bitant of the County, and have at lead
Five Hundred Acres of Freehold within
the faid County; and the Juf^ices (hall
be Inhabitants, and have each of them
Five Hundred Acres apiece Freehold
within the Precind for which they fervs
refpeftively. Thcfe Five fhaJl be chofen
and commiffionated from Time to Time
by the Palatine*s Court,
§ 62. For any Perfonal Caufes exceed-
ing the Value of Two Hundred Pounds
Sterling, or in Title of Land, or in any
Cllminal Caufe, either Party, upon pay-
ing Twenty Pounds Sterling to the Lords
Proprietors life, (hall have Liberty of
Appeal from the County Court unto the
refpeftive Proprietor's Court.
§63. In every Precinft there (hall be
a Court, confifting of a Steward and Four
Juftices of the Precinft, being Inhabi-
tants, and having Three Hundred Acres
of Freehold within the faid Precin£t, who
fhall judge all Criminal Caufes, exept
for Treafon, Murther, and any other
Offences punifhable with Death, and ex-
cept all Criminal Caufes of the Nobility;
and fhall judge alfo all Civil Caufes what-
foever ; and in all perfonal Actions, not
exceeding Fifty Pounds Sterlivg-, without
Appeal: But where the Caufe fhall ex-
ceed that Value, or concern a Title of
Land, and in all Criminal Caufes, there,
either Party, upon paying Five Pounds
Sterling to the Lord Propritors life, fhall
have Liberty of Appeal to the County
Court.
§. 6u No Caufe (hall be Twice tried
in any one Court, upon any Reafon or
Pretence whacfoever.
§. 65. For Treafon, Murther, and all
other Offences punifhable with Death,
there fhall be a CommifTion, Twice a
Year at leaft, granted unto one or more
Members of the Grand Council, or Col-
leges, who fhall come as itinerant Judges
to the feveral Counties, and, with the
Sheriff and Fcur Jull:ices fhall hold Af-
fizes to judge ail fuch Caufes: But upon
paying of Fifty Pounds Sterling to the
Lords Proprietors life, there (hall be Li-
berty
C '9 3
.>berty of Apjra! to the refpe£live Pro-
prietor's Court.
^.66. The Grand Jury at the feveral
Aflizes, (hall, upon their Oaths^ and un-
der their Hands and Seals, deliver in to
the itinerant Judges, a Prefencment of
fuch Grievances, Mifdemcanors-, Ex'-
gences, or Defe^^s which they think ne-
ceffary for the publickGoodof the Coun-
ty ; which Frefentment fhall by the itiae-
lant Judges, at the End of their Circuit,
be delivered in to the Grand Council at
their next fitting. And whatfoever there-
in concerns the Execution of Laws alrea-
dy made, the feveral Proprietors Courts
in the Matters belonging to each of them
refpeftively Ihall take Cognizance of it,
and give fuch Orders about it, as (hall be
cffedual for the due Execution of the
Laws. But whatever concerns the ma-
king of any new Law, fhall be referred to
the ffcverai refpeftive Courts to which
that Matter belongs, and be by them
prepared and brought to the Grand
Council.
§. 67. For Terms, there ihall be
Quarterly fuch a certain Number of Days,
not exceeding One and Twenty at any
one -Time, as the feveral refpcftive
Courts (hall appoint. The Time for the
Beginning of the Term in the Precinft
Court, fhal, be the firfl Monday in Janu-
ary, j^priJy ^uJjf and OBober ; in the
County Court, the firft Monday in Fe-
bruary, Mav, J!uguH and November ; and
in the Proprietors Courts, the firft Mon-
day in Marcbt ^une, September and i?e-
tember.
§. 68. In the Precir£l Court no Man
fhailbe a jury man under Fifty Acres of
Freehold. In the County Court, or at
the Affizes, no Man (hall be a Grand
Juryman under Three Hundred Acres
cf Freehold '; and no Man (hall be a
Petty Jury man under Two Mundred A-
cresofFreehold. In the Proprietors Courts
no Man fhall be a Jury Man under Five
Hnndred Acres of Freehold.
§. 69. Every Jury fhall confift of
Twelve Men; and it (hall not benece(ra-
rythey Ihould all agree, but the Verdift
fliaU be according to the Confent of the
Majority,
§. 70. It Ihall be a bafe and vile Thing
to plead for Money or Reward ; nor (halt
anv one fexcepc he be a nearKmfman,
not farther off than Coufm german to the
Party concern'dj be pern->icted top^ead a-
nother Man's Caufe, till before the J dge
in open Court he hath taken an Oath, that
he doth not plead for Money or Reward,
nor hath nor will receive, nor diredily nor
indiredly bargiin'd with the Party whofe
Caufe he is going to plead, for Money or
any other Reward for pleading his Caufe.
§.71. There fnall be a Parliament,
confifting of the Proprietors, or their De-
puties, the Landgraves and Caffiques,
and one Freeholder out of every Precin£^,
to be chofen by the Freeholders of the
fa id Precinft refpeftively. They (hall fit
altogether in one Room, and have every
Member one Vote.
§. 72. No Man (hall be chofen a Mem'
ber of Parliament, who hath lefs than Vive
Hundred Acres of Freehold within the
Precinft for which he is chofen ; nor (hall
any have a Vore in chufjng the faid Mem-
ber that has lefs than Fifty Acres of Free-
hold within the faid Precinft.
§.73. A new Parliament (hall be af-
fembled the firft Monday of the Month of
November every Second Year, and (hall
meet and fit in the Town they lafl fat in,
without any Summons, unlefs by the Pa-
latine's Court they be fummon'd to meet
at any other Place. And if there fjjal] be
any occalicn of a Parliament in thefe In-
tervals , it (hall be in the Power of the Pa-
latine's Court to affemble them in Forty
Days Notice, and at fuch Time and Place
as the faid Court (hall think fit; and the
Palatine's Court (hall have Power todif-
folve the Parliament when they fhall think
fit.
§. 74. At the opfning of every Parlia-
ment, the fir(t thing that (hall be done,
(hall be the reading of thefe Fundamental
Con(iitutions, which the Palatine and
Proprietors, and the Reft of the Mem-
bers then prefent, fiiall fubfcnbe. Not
(hall any Fcrfon whatfoever Sit or Vote in
the Parliament till he hath that SefTion
fubfcribed thefe Fundamental Conftituti-
ons, in a Book kept for that parpofc by the
Cleik of the Parliament.
5. 75- In order to the due Eieftion of
Members lor the biennial Parliament, it
■ C 2 fliaU
[ 20]
iliall be lawful for the Freeholders of the
refpe^tive Precinds to meet the firft
Juefddy in September every Two Years, in
the fame Town or Place tliat they 'aft met
in to chufe Parliament- Men, and there
chufe thofe Members that are to fit the
right Foundations cf the Original Govern-
ment ; All Ads of Parliament whatfoe-
ver, in whatibever form piffed or ena£ied,
fhall at the End of a Hundred Years after
their, enacting, refpediveiy ceafe and de-
termine of themlVlves, and without any
next November following, unlefs theSte- , repeal become null and void, asifao fuch
ward of the Precinct fhall by fufficient No-
tice Thirty Days before, appoint lome o-
ther place for their meeting, in order to
the Eleftion.
§. 76. No AftorOrd-fiof Parliament
Ihallbeof any Force, unlefs it be ratified
in open Parliament during the fame Sef-
fion, by the Palatine or his Deputy,
and Three more of the Lords Proprietors,
or their Deputies, and then not to con-
tinue longer in Force but until the next
biennial Parliament-, unlefs in the mean
time it be ratified under the Hands and
Seals of the Palatine himfelf, and Three
more of the Lords Proprietors themfclves,
and by their Order publilh'd at the next
biennial Parliament.
§.77. Any Proprietor or his Deputy
may enter his Proteftation againft any
Ad of the Parliament, before the Palatine
or his Deputy's Confent be given as afore-
faid, if he fhall conceive the faid Ad to
be contrary to thisEftablifhment, or any
of thefe Fundamental Conftitutions of the
Government. And in fuch cafe, after a
full and free Debate J the ftveral Hflates
fhall "retire into Four feveral Chambers,
the Palatine and Proprietors into one, the
Landgraves into another, the Caffiques in-
to another, and thofe cholen by the Pre-
cinds into a Fourth ; and if the Major part
of any of the Four Eihtes fhall Vote, that
the Law is not agreeable to this Eltablifli-
ment, and thefe Fundamental Conftituti-
ons ot the Government, then it fhall pafs
no farther, but be as if it had nevtr been
propofed.
§.78 The j^»o>'«»i of the Parliament
fliailbeone Half of thofe who are Mem-
btrrs, and capable of fitting in the I'oufe
that prefent Sef^ions of Pailianient. The
f?j<(jrttwi of each of the Chambers ot Parlia-
inent, fha'l be one Half of the Members
cf that Chamber.
§. 79. To avoid Multiplicity of Laws,
which by Decrees always change the
Ads or Laws had ever been made.
§. 80. Since Multiplicity of Comments,
as well as of Laws, have great Inconveni-
encies, and frve only to obfcure and per-
plex ; all manner of Comments and Ex-
pofitions of any part of thefe Fundamen-
tal Conftitutions, or any part of the Com-
mon or Statute Law of CaroUnat are ab-
folutely prohibited.
§. 81. There fhall be a Reglflry in e-
vcry Prccind, wherein fhall be enrolled
all Deeds, Leafes, judgments, Mort-
gage?, and other Conveyances which
may concern any of the Land within the
faid Precind; and all fuch Conveyances
not fo entred or regiftred, fhall not be of
Force agaioft any Perfon or Party to the
laid Contrador Conveyance.
§. ^2. No Man (hall be a Regifter of
any Precind, who hath not at leaft Three
Hundred Acres of Freehold within the
faid Precind.
§. 85. The Freeholders of every Pre-
cind fhall nominate Three Men, out of
which Three, the Chief Juftice's Court
fhall chufe and commifTion one to be Re-
gifter of the faid Precind, whilft he fhall
well behave himfelf.
§. 84. There fhall be a Regiflrv in e-
vety Siguiory, Barony, and Colony,
wherein fhall be recorded all the Births,
Marriages, and Deaths, that fhall happen
within the refpedive Signiories, Baronies,
and Colonies.
§, 85. No Man fhall beRegifkrofa
Colony that hath not above Fifty Acres
Freehold within the faid Colony.
§. 86. The Time of every one's Age
that is horn inCizroUrja, fhall be reci<on-
cd from the Day that his Birth is entred in
the RegifVry, and not before.
§.87. No Marriage fhall be lawful,
whatever Con trad and Ceremony they
hdve ufed, till both the Parties mutually
own it before the Regifter of the Place,
where they weremanied,andheiegiliers
it.
C 21 ]
If, With the Names of the Father and Mo-
ther of each I'artv.
§. 83. No Man (hall adminifler to the
Goods, or have Right to them, or enter
upon the Eftate of any Perfcn deceafcd,
till his Death beregiftred in the refpedtive
Regiflry.
§ 89, He that doth not enter in the
relpeftive Regiftry, the Birth or Death
of any I^erfon that is born, or dies in his
Houfe or Ground, (hall pay to the faid
Regifter One Shilling per Week, for each
fuch Neglect, reckoning from the Time
of each Birth or Death refpetlively^ to
the Time of Regiftring it.
§. 90. In like manner the BTth?,
Marriages and Deaths of the Lordi Pro-
prietors, Landgraves and CafTiques, (hall
be regiftred in the Chamberlain's Court.
§. 91. There fhali be in every Colony
one Conftable, to be chofen annually by
the Freeholders of the Colony : His
Ertate (hal! be above a Hundred Acres
of Freehold within the faid Colony, and
fuch fiibordinate Officers appointed for
his Affiftance, as the County Court (hall
find requiiite, and (hall be eftablifhed by
the faid County Court. The Election of
thefubordinate annual Officers (hall be
alfb in the Freeholders of the Colony.
§. 92. All Towns Incorporate (hall be
governed by a Mayor, Twelve Alder-
men, and Twenty Four of the Common-
Council. The faid Common-Council
fliall be chofen by the prefent Houfhulders
of the faid Town ; the Aldermen (hall be
chofen out of the Common-Council, and
the Mayor out of the Aldermen by the
Palatine's Court.
§. 93. It being of great Confequence
to the Plantation, that Port-Towns
fhould be built and prefer ved \ There-
fore whofoever (liall lade or unlade any
Commodity at any other Place but a
Port-Town, fiiall forfeit to the Lords
Proprietors for each Tuafo laden or un-
laden, the Sum of Ten Pounds Srerlinpf,
except only fuch Goods, as the Palatine's
Court (hall licence to be laden or unladen
elfewiiere.
§. 94. The firfi: Port-Town upon eve-
ry Kiver, (ha!l, be in a Colony, and be a
Port- Town forever.
§ 95. No Man fluU be permitted to
be a Freeman of Curollnat or to have any
Eifate »)r Habitation wichin it, that doth
not acknowledge a God, and that God is
piibliwkly and folemnly to be worfhipped.
§. 96, As the Country comes to be
fiifficiently Planted and Diftributed into
fit Divifions, it fiull belong to the Parlia-
ment to take care for the Building of
Churches, and the publick Maintenance
of Divines, to be employed in the Exer-
cife of Religion, according to the Church
of England, which being the only true and
Orthodox, and the National Religion of
all the Kir.g's Dominions, is fo alio of Ca-
rolina^ and therefore it alone fhall be al-
lowed to receive publick Maintenance by
Grant of Parliament.
§ 97. But Unce the Nativesof that Place
who will be concerned in our Plantation,
are utterly Strangers to Chriftianity,
whofe iJolatry, Ignorance, or Miftake,
gives us no Right to expel, or ufe them
ill ; and thofc who remove fico other
Parts to plant there, will unavcida' I; be of
different Opinions concerning Matc:?r3 of
Religion,the Liberty whereot they will ex-
pert to have allowed them, and it will noc
be reafonable for us, on this Account, to
keep then out; That Civil Peace may be
maintained amid ft the Diverfity of Opi-
nions, and our Agreement and Compact
with all Men, may bsduly and faithfuih'
obferved, the Violation whereof upon
what Pretence foever, cannot be without
great Offence to Almighty God, and
great Scandal to the true Religion which
we protefs ; and alfo that ^ews, Heathens,
and other DifTeniers from the Purity ot"
Chriftian Religion, may not be feared
and kept at a Diftance from it, but by
having an Opportunity of acquainting
themielves with the Truth and Reafona-
blenefs of its Doitrincs, and the Peacca-
blenefs and Inotfenfivenefs of its Profef-
for.?, may by good Ufage and Perfwafion,
and all thofc convincing Methods of Gen-
tlenefj and Meekncfs, luitable to the
Rules and Delign of the Gofpel, be won
over to embrace, and unfeignedly receive
the Truth; therefore, any feven, or
more Perfons agreeing in any Religion,
fhall conl^itutea Churcfi or ProfeflTion, to
which rhey (hall give fome Name, todi*
ftingaifh it from oiheis.
§.9*^
[22]
§ pS. The Terras of Admittance and
Communion with any Church or Proref-
fion, fhall be written in a Book, and there-
in be fubfcrlbed by all the Members of
the faid Church or Proftrffion ; which
JJook fhall be kept by the Publick Kegifter
of the Precind where they relide.
§ 99 The Time of every ones Sub-
fcription and Admittance, (liall be dated
in the faid Book, or Keligious Record.
§ 100. In the Terms of Communion
of every Church or Profeflion, thefe fol-
lowing fhall be three, without which no
Agreement or Affembly of Men, upon
Pretence of Religion, (hall be accounted
a Church or Profefllon, within thefe
Rules :
I. That there U A G 0 D.
II. that G 0 D if pubJicUj to be rvor-
pipped.
III. Thit it is Jarofui, and the Dutv of
every Mxn, being thereunto culled by thofe
thit Govern, to bear iVitnefs to Truth ; and
that evsrj Church or Profejpcn jhal! in their
'.Terms of Communion fet down the external
Way whereby they Witntfs a Truth as in the
Trefence of God, rohether it be by laying
Stands on^ or kijfmg the Bible, as in the
Church of England, or by holding up the
Hand, or any other jenfible Way,
§ 101. No Perfon above feventeen
Years of Age, (hall have any Benefit or
Prote£iion of the Law, or be capable of
any Place of Profit or Honour, who is
Ttoz a Member of fome Church or Pro-
fefiion, having his Name Recorded, in
fome one, and but one Religious Record
at once.
§ I02. No Perfon of any other Church
or Profeffion, fhall difturb or mokft any
Religious Afiembly.
§. 105. No Perfon whatfoever, (hall
Iptakany thing in their Religious Affem-
bly, irreverently or feditioufly, of the
Government or Governour, or State-
Matters.
%. 1 04* Any Perfon fubfcribing the
Jerms of Communion in th^ Record of the
I lid Church or Proleffion, before the Pre-
cinct Regifter, and any 5 Members of the
faid Church and Profeflionj fhall be there-
by made a Member of the faid Church or
Profcffion.
§.105. Any s Perfon ftrikirg out his
own Name, oat of any Religious Record,
cr his Name being ftruck out by any
Officer thereunto authorized by each
Church or Profeflton refpe£tively, Ihall
ceafe to be a Member of that Church or
Profeffion.
§.106 No Man fhall ufe any re-
proachful, reviling, or abufive Langusg-',
againft the RtP'gion of any Church or
ProfefTion, that being the certain way of
difturbingthe Peace, and ofhindringthe
Converfion of any to the Truth, by en-
gaging them in Quarrels and Animofi-
ties, to the hatred of the Profeffors and
that Profeffion, which otherwife they
might be brought to aflfent to.
§. 1.07. Since Charity obligf s us to wi(h
well to the Souls of all Men, and Reli-
gion ought to alter nothing in any Man's
Civil Eitate or Right, it (hall be lawful
for Slaves as well as others, to enter them-
felves, and be of what Church or Profef-
fion any of them fhall think beft, and
thereof be as fully Members as any Free-
man. But yet no Slave ffiall hereby be
exempted from that Civil Dominion his
Mafter hath over him, but J^e in all o-
ther Things in the fame State and Condi*
tlon he was in before.
§. 108. AfTemblies, upon what pre-
tence foever of Religion, not obferving
and performing the abovefaid Rules, (hall
not be el^eemed as Churches, but un-
lawful Meetings, and be puaifhed as other
Riots.
§. 109. No Perfon whatfoever, fliall
difkurb, molcft or perfecute another for
his fpeculative Opinions in Religion, or
his way of Worfhip.
§ 110. Every Freeman of C4ro;/««(hall<
have abfolute Power and x'\uthority over
his Negro Slaves, of what Opinion or Re-
ligion loever.
§. III. No Caufey whether Civil or
Criminal, of any Freeman, (hall be tried in
any Court of Judicature, without 2 ^ury
of his Peers.
§.112. No Perfon whatfoever fhall
hold or claim any Land in Carolina by
Pur-'
t^ri
PdrchafeorGU't, or otherw/ife, from the
Natives or any other whacfoovef, but
mc^erly from and iindcr the Lords Propria-
torS) upon pain of forfeiture of all his E-
ftate, moveable or immoveable, and per-
petual Banifhmi=Tit.
§. 113. VVhofoever fhall pofiefs any
Freehold in Curol'mi^ upon what Title or
Grant foever, ihall at the fartheft from
and after the Year One Thoufand Six
Hundred Eighty Nine, pay Yearly unto
the Lords Proprietors tor each Acre of
Land Englijh Meafure, as much fine Sil»
ver as is at this prefent in one Englijh
Penny,or the Value thereof to be as a Chief
J{ent and Acknowledgment to the Lords
Proprietors, their Heirs and Succelfors
for ever. And it fhall be lawful for the
Palatine's Court by their Officers at any
time, to take a new Survey of any Man's
Land, not to out him ofanypartof his
Poffeffion, but that by fuch a Survey the
juft Number of Acres he poffefleth, may
be known, and the Rent thereupon due,
may be paid by him.
§. 114. All Wrecks, Mines, Minerals,
Qjaarries of Gems, and precious Stones,
with Pearl-fiHiing, Whale-fifihlng, and
one Hil( of z\] Jmbergreeccy by whomfoe-
ver found, (hall wholly belong to the Lords
Proprietors.
§. 115. .Ml Revenues and Profits be-
longing to the Lordi Proprietors, in com-
mon, fhall be divided into Ten parts,
whereof the Palatine fhall have Three,
and each Proprietor one ; but if the Pa-
latine fhall Govern by a Deputy, bis
Deputy (hall have one of thoTe Three
Tenths, and the Palatine the other Two
Tenths.
§.116. All Inhabitants and Freemen
of Cdrolinit above Seventeen Years of
Age, and under Sixty, (hall be bound to
bear Arms, and ferve as Soldiers whene-
ver the (J/-4»(i CoMWi,-// (hall find itnecef-
fary.
§ 117. A true>Copy of thefa Fuwi"*-
tnemal ConCatunons (hail be kept ia ^
greai Eook by \\\c Regjjicrof every Pre-
ci-ift, to b? fu'ifcnbed before the faid Re-
gifler. Nor (hjll any Perfon, cf what
Condition or Degree foever, ahore
Seventeen Years Old, have any EiUt^
or PolfeiTion in Carolina,, or Frotc£lionor
Benefit of the Law there, who hath not
before a Precind Regifter fubfcribed
thefe luni^menul Conjiitmions in this
Form.
/A.B. do promifs to hearFaitb and true
AB<;gUnce to our Sovereign Lord K^ivg
Charles ths Second^ his Heirs and Succc-f'
fors \ a»d will be true and f\ihhful to the
Pilatine mi Lords Proprietors of Carolina,
thdr Heirs and SuccejJ'ors, and with mi ut-
mofi Power rv ill defi'ni them, andmiitittin
the Government according to this Eflablijh-
msnt in t/d^/e Fundamental Conftitutions.
§. 118. Whatfoerer Alien (hall in this
Form, before any Precinft Regilter
fubfcribe thefe Fundxmental Confiitutions,
(hall be thereby Naturalized.
§. 119. In the fame Manner (hall e-
very Perfon at his Admittance into any
Office, fubfcribe thefe Fundamental Con-
fiitutions.
§. 120. Thefe Fundamental Confiituti-
ons, in Number a Hundred and Twenty,
and every part thereof, (hill be and re-
main the facred and unalterable Form
and Rule of Government of Carolina, for
ever. Witnefs our Hands and Seals, the
Firft Day of iMirfiB, 1669.
^IbemarJCf
Cravetty
ff- Colleton,
H, Cornbury^
^. Berkeley^
(j. Carterm,
Rules
[24]
RciLES of Precedency.
i.nnHE Lordi proprietors, the eldeft
X in AgefirfV, anr! fo in Order.
2. The eld'ft Sons of the Lords Pro-
prietors, the eldeft in A^e firft, and fo in
Order.
3. The Landgraves of the Grand Coun-
ciJ, he that hatli been longeft of the
Crand Council firft, and fo in Order.
4. The Cajfi^ues of the Grand Council,
he that hath been longeft of the Grdnd
Council firft, and lb in Order,
5- ThcS^ven Commoners of the Grand
Council that have been longeft of the
Grand Council, he \hn hath been longeft
oHhr. Grand Council f\i?[,3inA fo in order.
6. The Youngeft Sons of Proprietors^
the eldeft firft, and fo in order.
7. The • andgraves, the eldeft in Age
firft, and fo in order.
8. The Sevtn Commoners, who next
to thofe before mentioned have been
longeft of the Grand Counci!, he that
hath bern longeft of the Grand Council
firft, and foiii order.
9. The C'^fft:[ues, the eldeft in Age fiift,
and fo in order.
10. riie Seven remaining Commoners
of th.e Grand Council, he that hath been
longeft in the Grand CoMicil firft, and
fo in order,
11. The Male Line of the Propri-
tors.
The reft (hall be determined by the
Chamberlain's Court.
j4}bem<irk,
Craven^
J. CoBeton^
H- Combury^
5F. BcrMcy,
G. Carteret.
{Numb. 3.)
AQ^OYX of the Fundamental Canflttut'ions of Carolina :
Jlgreed on by all the Lords Proprietors, and figned
and fealed by them^ (the Original being fent to Ca-
rolina by Major Daniel;) April the iithy 1 689.
OU R Late Soveraign Lord King
Chirks 1 1 having out of his Roy-
al Gi":!ce and Bounty, granted unto us,
the Provinc-;: of Carolin:t, with all the
Royalties, Properrief, Jurifdiftions and
Privileges of a County Pahtine, as large
andampleas rhe County Pilatins oi Dur-
hiMy with other great Privileges j for the
better Settlement ot the Government of
the faid Pl:nce, and eftablifhing the Inte-
teii oiihc Lords Proprietors with Equali-
ty, and wirh. uc Confulion ; and that the
QoverDmentmAy be ipadc nioft agreeable
to the Monarchy under which we live, and
of which this Province is a Part 5 and that
we may avoid ?re£ling a numerous De-
mocracy, Wc the Lords Proprietors of the
Province aforefaid, with the Advice and
Confent of the Lundgraves and Cajfuiues
and Commons in this prefent Parliament
affeir.bled, have agreed to this following.
I'orm of Government, to be perpetually
eftablifh'd amongft us, unto which we do
oblige oar felves, our Heirs and Succelfors,
in the moft binding Ways that can be de-
viled.
uThQ
[25
i.TT^KE Tropnetor\ Court (hall confift
JL of the Pabtine., and Seven Pto-
prietors \ wherein nothing (hall be afled
without the Prefence and Confentof the
PaUtivCy and Three others j)f the Lords
Proprkton: Tills Couit Qialrhave Power
to call andjdilTolve Parliament?, to par-
don all Ottences, to make Elections of all
Offices in the Py op y/etor's Difpofai, tono-
minateand appoint Port Towns; and al-
fo, fhall have Power by their Order, ro
the Treafurer, to difpofe of all publick
Treafure, excepting Money granted by
the Parliament, and by them dirtOed to
fome particular publick ufe : And alfo,
ftiall have a Negative upon all Ails, Or-
ders, Votes and Judgments of the Parlia-
irent. And fhall have all Power granted
\o ihe Lords Proprietors^ by their Patent,
from our Sovereign Lord the King, ex-
cept in fuch Things as are limited by thefe
Pundamental Cotjjtitutiovs.
2. During the Abfence of the Palitine
and Proprietors from drolina^ the Gc-
vernour, commiflionated by i\\e Proprie-
tors., together with their refpeftive De-
puties, (hall be the proprietor^ & Court
there, and (hall have all the Powers a-
bove mentioned, excepting in pardoning
Offences, and conf^ituting Port- Towns.
3. In the Proprietor's Court, the Pa-
UtinCf and any 1 hree of the Proprietors,
or the Governour, and any Three of
the Proprietor's Deputies (hall make a
Quorum,
4. No Deputy of any Proprietor (hall
have Power, whilft the Deputator is in
any Part of Carolina, except the Proprie-
tor (whofe Deputy he is) be a Minor.
5. During the Minority of any Proprie-
tor, bis Guardian Ihall have Power to
conf^ituteand appoint his Deputy.
6. There fhall be a Parliament, con-
filling of the Proprietors or their Deputies^
by ihemfelves, the Landgraves and Caf-
fiques in the upper Houte, and the Free-
holders out of every Counry, to be chofen
by the 1-reehoIders ot the laid County,
refpertively ; together with the Citizens
awi BurgeiTes, to be elfdedby ihe Cities
and Bo'cughs which ihill be hereafter
created in the Lower-Houfe.
7. And firce all Power and Dominica
is moft naturally founded in Property,
and chat it is reafonabie thatevery Man,
who is impowered to difpofe of the Pro-
perty and El^ate of others, (houldhavea
Property of bis own, whereby he is tied
in Intere(\ to the Good ar.d \\'elfareof
that Place and Government, whereby he
isentrufted with fuch Power; it is there-
fore declared and appointed. That no
Perfon fhall be admitted, or (hall continue
to Sit or Vote in Parliament as a luwd-
grave, who has rot aftually taken up, and
h.'-j in his PolTelTionat lead. Acres,
part of the Land granted him in his Pa-
tent and Slaves, or in the Pof-
ftffion of his Tenants, Acres of
Land. And whofe real and perfonal
Ll^ate (hall not be worth at leaft
Pounds : Nor as a Caffque to S^t or Vote
in Parliament, who has not actually ta-
ken up, and has in hisPoffcflion at leaft
Acres, Part of the Land granted
him in his Patent and Slaves, or in
the PoffelTion of his Tenants Acres
of Land. And whofe real and perfonal
Eftate (hall not be worth at leaft
Pounds.
8. No Perfon (hall be admitted, or
continue to Sit or Vote in Parliament as a
Reprcfentative of the Commons of CarO'
hna, who is not polfefs 'd of at leaft
Acres of Land : And whofe real and per-
fonal Eftate is not worth Pounds.
9. No Perfon (hall be capable of giving
his Voice for the Eledion of a Member to
ferve in Parliament, that isnot a£lually
polTefs'd of Acres of Land, and
is a Houfholder, and has a Family, and
whofe real and perfonal Eftate does noc
amount to Pounds.
10. The prefent Number of the Re-
prefentatives of the Commons fhall be
who (as the Country fhall en-
creafe) (hall alio proportionably be en-
creafcd, if the Commons do fodefire, but
(hall in notuture Timebe encreafed, be-
yond One Hundred,
n. Arid purfuant to that ;uft Maxim
of Government above meniioncd, and
for the Prefeivation of che liailanceof
[2<5 3
Power, according to the Proportion of
the Property, it is declared and appoint-
ed, That the Nnmber of the Reprefen-
tatives of the People to be fent from any
County or Place, fhall be more or lefs,
according to the Charges born, and
Money paid by each refpe^live Divifion
ot the Country inthelaft General Affeff-
n">ent foregoing fudi Ele£^ion-
12. The Landgraves and Cajftciues-, who
corapofe the Upper- Houfe, (hall not at
any time exceed Half the Number of the
commons.
13. The I4»igr4vej and CaJJiquss (hall
be created by the lords proprietors LetC' s
Patents, under their Great Seal, by the
joyn't Eleftion of the Proprietors, or a
j^M&AW?n of them, which fhall bethe Here-
(iicaiy Nobility of the Province of CaroJi-
fii'^ and by Right of their Dignity, be
Members of the Upper-Houfe of Parlia-
ment : Each LavJgrave (hali have
Acres of Land, to be t2i<en up in
feveral Counties, and each Cii[ft({ue
Acres cf Land to be taken up in
feveral Counties, and the laid Honour
and Dignity (hail defcend to the eldeft
Son, unlefs by Deed or Will devifed to any
other of the Sons, or for want of Sons to
the Eldeft Daughter, unlefs as aforeiaid ;
and for want of fuch, to the next Heir, un-
lefs dsvifed as aforefaid by Deed or Will
(to be atrefied by Three crediDle W-t-
neffes, whereof one at leaft to be ot the
Nobility) to any other Perfon.
• 14. And to the tnd, that fuch an Or-
^er of Perfons being made Noble, and
invel^ed with great 1-owers and Privi-
leges, whereby to engage them in a miore
pdi-t:cul2r AiFctlion towards this Settle-
ment and Country of CaroUfia, may not
fall into Contempt, or beany ways in-
jJr'ous to the Conftitution of the Govern-
ment, it is declared and appointed that
whatfover Landgrave orCaJfiJue, his Heirs
and Siicceffors, fhali not be qualified as in
Article 7th, and fo becxcludc-d Iromthe
aforefaid Privilege of litting and voting in
tli^- Upper-Houfe, ^nd (hall continue de-
feftive in the faid Qiialification for the
fpace of Forty Years fucceflively, fuch
Landgrave or Cajjiquef his Heirs andSuc-
ceffors fhall from thenceforth be for ever
Utterly excluded, and his or their Digai-
ty, Honour, Privilege and Title of Lttnd''
grave oiCdJpque (hall ceafe and be utter-
ly lof^, and the Letters- Pa tents of Crea-
tion of fuch Dignity (hall be vacated.
15. And in order to thedueBIeftionof
Members for the Biennial Parliament, it
fhall be lawful for the Freeholders of the
refpeclive PrecinBs to meet the firft Ju^f.
diy in Sept. every Two Years, in the fame
Town.or Place they laft met in, tochnfe
Parliament- Men, and there to chufe thofe
Members that are to tit next Novemb. fol-
owing, unlefi \\ie Proprietors Court fhall
byfufficient Notice Days before,
appoint fome other Place for their Meet-
ing.
16. A New Parliament (hall be a(fem-
bled thefirft Mondsy of the Month of N'o-
vember every Second Year, and (hall
nieec and lit in the Town they hit fat in,
withouc any Summons, unlefs by the Pro-
ptittors Court in Carolina they be fummon-
ed to meet at any other Place, and if-
there fhall be Occaiion of a Parliament
in thefe Intervals, it fhall be in the Power
of the Proprietors Court to affemble them
in Diys Notice, and at fuch
Time and Place, as the Court fhall think.
fit.
17. At the opening of every Parlla-'
menr, the fiift thing that fjiallbedonej'
Jhall be the readmg of thefe Fundamental
ConfiitutiotiSf which the Palatine snd the
Proprietors, and the Members then pre-
fect, Ihall fubfcribe^Nor (hall any Per-
lon wharfotvcr Sit or Vote in the Parlia-
ment, till he has in chat Seffion fubfcrib'd
thefe FundavitNtdl Conjiitiitions, in a Book
kept for that purpofe, by the Clerk of-the
Parliament.
18. Any Aft or Order of Parliament
thatisratiHed inopen Parliament, during
the fame Seflion, by the Gjvernour and
Three more of the Loras Proprietors i?e-
puties, (hall be in Force, and continue till
the" PAitine himielf and Three more of the
lords proprietors themfelves ngnirie their
Dilfent to any of the faid A£ts or Orders,
under their Hands and Seals. But if rati-
fied under their Hands and Seals then to
continue according to the time limited in
fuch Aa.
15, The
t 27 1
?" 19. The wtole Province (hall bedi-
'Tided into Counties by the Farlia-
mcnc.
20. No Proprietor^ Landgrave or df-
fitjue, fhall hereafter take up aSigniory
or Barony that fhall exceed FourThou-
faid-AcreS'Or thereabouts, for a Proprie-
tor or Landgrave If and Two Thoiifand
Acres or thereabouts, for a Ct^tque in one
County.
21. NoCaufe, whether Civil or Cri-
minaljof any rreeman, fhall be tried in an^'
Court of Judicature, without a Jury of
his Peers
22. No Landgrave or Caffique fhall be
tried for any Criminal Caufe in any but
the Chief Juftice's Court, and that by a
■Jury of his Peers,unlersa fufficient Num-
ber of fuch cannot be legally had, and
then to befupply'd by the befi: and moft
fufficient Freeholders.
23. If upon the Deceafe of the Gover-
nour, no Perfon be appointed by the
'Lords Proprietors to fuccecd him, then the
■Proprietors Deputies fhail meet and chufc
a Governou-rj till a new CoramifTion be
fent from the Lords proprietors, under
their Hands and Seals.
24. Ballotring (hall be continued in all
Elections of the parliament, snd in all
other Cafes where it can conveaiently be
ufed.
25,1^10 Man fhall be permitted to be
a Preeman of CoroHna, or to have any
fcftateor Habitation within it, that does
not acknowledge a God, and that God
is publickly and foiemniy to be Wor-
fhipped.
i6» As the Country comes to be fuffici-
ently planted and diftril^ated into fit Di-
vitions, it fhall belong ro the Parliament
to take care for the Building of Churches,
and the publick Maintenance of Divines
to be employed in the Exercife of Religi-
on, according to the Church of Evglandj
which being the only True and Ortho-
dox, and the National Religion of the
King's ■ ominions, is fo alfo of droUnXy
and therefore it alone fhall be allowed to
•receive publick Mainccnance by Grant of
I'arliament.
27. Any Seven or more Perfons a-
greeing in any Religion, ihall conftitute
a Church or Profeffiion, to which they
fhall give fome Name to diftinguifhit
from others.
28. The terms of Admittance and
Communion with any Church or Profef-
fion, (hall be written in a Bock, and
therein be fubfcribed by all the Meir.bfr?
of the did Church or Prof<fiion, which
(hail be kept by the publick Hegilter of
the Precind wherein they refide.
29. The Time of every one's Subfcrip-
tion and Admittance, (hall be dated in
ti^e faid Book of Religious Records.
30. In theTif^wiof Communion of e-
very Church or Profeflion, thefe following
fhall be Three, without which no Agree-
ment or Affcmblyof Men upon Pretence
of Religion (hall be accounted a Church or
Frofe(rion, within thefe Rules ;
I. Thiit there is a God.
II. that God is publickl)! to he Wor^iip-
ped.
III. That it is hroful^ and the Duti of
every Man, beifig thereunto called hy
thofs that govem-i to bear Witnefs to
Truthf and that every Church or Pre
fejfion pall in itkzr Terms of CommU'
vion I'et down the external Way whereby
they vjttnefs a truth as in the Prefems
cj'Gody Tohether itbeby laying Hands
on, or Kjjfmg the Bible, as in tbs
Church of England, or hy holding up
the Hindi . or atiyjenftbh vay.
31. No Perfon above Seventeen Years
of Age, (hall have any Benefit or Pro-
teftion of the Law, or be capable of any
Place of Profit or Honour, who is not a
Member of Ibme Church or ProfelTionj
having his Name recorded in Tome one,
and bur one Religious Record at once.
92. No Perfon of any Church or Pro-
feffion fhall difliurb or moleftany Religi-
ous Affembly.
D a 33. No
C 28 ]
53. NoPtfrfon wliatfoerer /hall fpeak
any thing in their Religious Afembiy,
irrevently or feditioully of the Govern-
Kient 01- Governour, or of State-Mai-
ters.
94. Any Pcrfon fiibfcribing the Teims
of Communion in the Records ofthefaid
Church or Profelnon before the Precindi
Regifter, and any Mve Members of the
laid Church or ProfclTion, Oiallbe there-
by made a Member of the laid Church or
Profefiion.
?5. Any Per Ton ftriking out his own
Name out of any Religious Records, or
his Name being ftruck out by any Officer
thereunto authorized by each Church or
^rofefiion refpe^tively, (liall ceafe to be
•a Member of that Church or Profeflion.
36. No Man fhall ufe any reproachful,
reviling or abufivc Language again ft the
Religion of any Church or Profeflion,
that being the certain Way of difturbing
the Peace, and of hindering the Conver-
fion of any to the Truth, by engaging
jtbem in Quarrels and Animofities, to the
Hatred of the ProfeiTors and that Profel-
iion,which otherwife they may be brought
to affent to .
37. Since Charity obliges us to wifh well
to the Souls of all Men, and Religion
ought to alter nothing in any Man's Civil
efiate or Right, it Ihall be lawful for
Slaves as well as others, to enter them-
selves, and be of what Church or Pre*'
jreffion any of them fliall think beft, and
thereof be as fully Members as any Free-
man ; but yet no Slave (hall hereby be
exempted from that Civil Dominion his
■Mafter had over him, but be in all other
Things in the fame State and Condition he
was in before,
38. Affemblies upon what Pretence
Ibcver of Religion, not obferving and
performing the abovefaid Rules, fliall not
b? efteemed js Churches, but unla'Afal
meeting-., and be pimlhcd as other
Riots.
59. No Perfon whatfoever fhall diflnrb,
molell orproftcute another for his Spe-
culative Opinions in Keligion, or his way
of VVorfhip.
40 Every Freeman of CaroJiva fhall
haveabfolute Power and Authority over
his Negro blave, of what Opinion or
Religion foever.
41, Any Perfon at his Admittance into
any Office or Place of Truft whatfoever,
(hall fubfcribe thefe Fundamental Conjhtu-
tioyis in this Form.
/ A, B. dopromifi to hedr Faith svd true
Megiance to our Sovereign Lord J^ing
William, and will be true andfaitbfitl
to the Palatine and Lords Proprietors
of Carolina, their Heirs and Succef-
fors, and with r.ij utmoji Power rviil
defend tbetn, and maintiin the Govern'
ment according to this Eliablijhmtnt, in
thefe Fuvdamental Conjiitutions.
Thnfc Fundamental Conjiitutions in
Number Forty One, and every Pare
thereof fhall be and remain the inviolable
Form and RiileofGovernmentofCtfroiif?;^?,
forever, Witnefs our Hands and Seals,
this Eleventh Day of Jpril, 169S.
Bath Palatinef
ji. 4bley,
Craven^
Eathj
for the Lord Carterettf
William Thomburgh,
for Sir ^ohnCoUetont
Tho. Jmy^
William Uornburgb,
The
[29 ]
[Numb. 4.]
T HE
Prefent State of Affairs
I N
C A R O L I N A-
By John Ash, Gent.
Sent hy fever al of the Inhabitants of that Colony, to
deliver their Reprefentation thereof to^ and feek
Redrefs frorn^ the Lords Proprietors ofthatYvo^
vince ; Together ^withan Account of his Reception^
hy the Honourable the Lord Granvillj their Palatine^
Prefident, or Chief of the Proprietors.
ON the Death of ^ofepb Bhle, Efq;
Governour, and one of the Tro-
frittors oi Carolinai the Proprietors Depu-
ties met, according to their Inftruciions
JB fuch Cafes, proceeded to eleci a new
Governour ; and by them LtiUiigrave ^0-
fepb Morton was Eleded Governour. But
^imci Moor^ Efq; one of the faid Depu-
ties, knowing the Party he had amongft
the Deputies, and nothing regarding
how Dilloyal, how Derogatory from
the juft Right of the Evglijh Ihr-onc
that Objertion was, objected agiinft the
faid Landgrave ^ofeph Morton, That he
the faid ^ojepb Morton had made a breach
of the Truft repofed in hira by the true
and abfolute Lords and Proprietor s^ &c.
by accepting of a Commiirion for Tudge
of the Admiralty from King Willum,
when at the fame Time he had a Com-
milfion from the faid Proprietors for the
faid Office, in whom the Difpofal of the
fame was : Now, befides the Difloyalty
of this Objedion, it was alfo talfe ; for
it appears not by tl.e Charter, That the
Proprietors czn impower any one to try
Perfons for Fafts committed out of their
Dominions, and which is neceiTary for
iuch Judge ; yet fuch was his Intereft,
that on this his Objeftion, landgraie
Moi'
iW()>-t(jww2s"Reje£^ed, and the Paid ^nmcs
Moore Kle£ted and declared Governour.
Of this Landgrave Morton Inform' i, and
■Conrplain'd to ^[:e-:tropriervrs, but to "no
purpofe.
The Power thus boldly gotten, Mr.
Moore refolves to make the bell ufe of it ;
and therefore finding himfeU too poiT,
even with the Counteiiance of his Office,
to make any conftderable Proiit of tKe
Jndun ^lade, he lays a Defign of ga-
ting it wholly into his Power. This he
attempted by getting a Bill brought into
the Affembly at- the latter end of tbe
Year i7CO, Intituled, A BiU for I^guU-
ting t^fi-Indian trade, but 4b contriv'd'as
to hafe made bim' wholly Mafler of ir.
•Bat Mr. Kobert Stephens, Mr. Trt^n Cchen
no "Courtier j dnd fome others fo" plainly
fhew'ditsill Aim, that it was thrown out
oftbe AiTtml>ly,as it was again in the be-
ginning of the Year.a,7Q4vC3ln whjdi ]\lr..
Moore perceiving,' T-ha*-t4^at iAfferrtbly -
XQulAiiot he pie-vaikd. atith to anfwer his
Ends, he diffolved the Affembly, and
about the latter End of that Year a "New
one was chdrejf,^'at the Eleftion of whicli,
tho' tlieTCigfit of ;Elecling 'bs by the
ChiiVteC i}V<nhe FjrfeHoldefS pgly,; h? fo
JnfliH(anc'd the-^^heriff, thk Strangers,
•Ssfvactsi- Meripy i&y MaJims arid I^
g^cer w^fe^ frfled", \a:a(l^ B.gtpfa3.piade
aec^MlVi^H'^ -^^flch'as ?^he Pt^ee-oppo-
ied tlKiie Pfi£lices, WerefabufGdj nayjaf-
Taalt'e^ l3y'l?ir. 'iWoore'svPaVftarfces." By
this Means, haviag gpt fereral frgp the
AiTembly, of neirber Senfe nor Credit,
but fuch as would Vote as he would have
tb€fn,:;hejtli^re kept them' from being
tljiowa-oiiu; on tbe Petition of thofe who
.were Hnjuftly. exdudird by their being
ReturnM, by repeated and ftrangely proi
cur'd ji^djournmects and Prorogations,
■until the Proclamation of our New War
with; Frame zn^ Spam arriv'd. Then
-pqiftffir.g the People by Stories with
.}j,Qp<^s of mighty Plu (ier, he get a De-
sign that he had propofed to tiie Affem-
bly before, of goin^ :igainft St. AuguSiinf
a tort, belonging to Spain, a little to the
Southward ci Carolina, to be approved,
tho' iatri}ih it was no more than a Pro-
:iect,.o( Jfrcebooting under the fpecious
- .IX
Name of War, for neither the Prepara^
tion nor the Ferfcrmance. will permit
any one to belfcve it wa*-meant for any
other Purpotrj t)r the-teatt -Goot! ot-rfrc
Colony. ■
However, it was approved, and Two
Thoufand Pounds were raifed to equip
his Honour and his Comrades out for
their , beloved Exercife of ^.Hjundering,
and Slave-carcihing-, This they perform-
ed well er,ongh, but carrying on the Pre-
tence too far, and coming ro (it down
before the Ifrong Caffle of St. Augujiiny
while they were fending thei; Plr.nderto
Jamaica by their trufty Officer?, under
Colour of refi4«flg Supplies, fending for
^ombs and Mdttars, iaithe midft or all
their Riot and Mifrulr,they werealariji'd
by the conflng of Four ATelTels into the
Harbour, in which were (they fay) 200
-Enemies. At firft, being encouraged by
VVin§ up to. a Height above performing
•ani^'TWag, the General Moore refolves
bavely to put on Board his Eight Vef-
fels then riding in the Harbour, all their
Goods and Plunder, and with his few Men
about 500, Fight thfo' the Enemy, and,
fo come Home. But the Pillow, whrcli
often lets out Heat to make way for
Caution, ^changed this his Refojution ;
So the next Day, having deftroyed as
many of his o\vn Ships, and as much of
his War' Stores and Provifions as the
hafte tliey Were in would allow, he re-
treats with fuch Caution and Difpatch,
th^t be loft not one Man by the Ene-
my,
This Expedition, whatever the Go-
vernour or General (\i yoii pleafe) got
by it, brought a Debt on the Country
(betides the 2000 U Hf ft raifed) of neaiJ
6000/. for the Payment of which Tand'
Security of the Country, as was faid)
the Affembly was called; they enquire
into the Debt, bring in a BiU to raifa
the Sum, conhder of defending the South-
iDvard open to the Enemy ; but of that the
Courtiers made but a Ji ft, even in the
Floule, and it yet is (as I hear) neglect-
ed; as alfo a Bill for Regulating tiefti-
ons for the Future, for to the Breaches
of the Freeholders Rights, our prefent
Miferies they faw were plainly owing,
, nor
Cji 3
nor had thofe Member?, who fat by
Means of thole illegal Pradices, the
Courage to oppofe it ; fo it pa ft the Af-
fembly, but being fent up to the Gover-
rour in -Council, it was there thrown out ;
on which Fifteen Members (the AlTetn-
bly confifts of Thirty) left the Houfe,
refolving no longer to cover with their
Authority the pernicious Praftices of
the Niinijjrji, fuice notliing ufeful for the
Country could be obtained.
On this (everal of Mr. Moore^s Favou-
rites, after having, been treated by him
(and thereunto encourag'd, as is faid;
headed the Rjbble, and in a riotous
Manner, fought after (threatning open-
ly to murther them) feveral Perfons •
thought the chief Oppofers and Miili-
kers of Mr. Moore s Managemenc ;
fome they met with, Members of the
Aflembly, one Deputy, feveral rich
Merchants, and good Planters, Confi-
ning, Striking and Abufing rhem ; and
tor feveral Days continuing thefe Difor-
ders, particularly breaking open a Houfe
one Night on a poor Woman, and fo aba-
ling her, that thereupon fhe brought;
forth a dead Child, wriofe Scall, Arm,
and Back-bone was broken, and one
Eye forc'd out of its Head, as the Ciiyrur*-
gion, who delivered her, depoferi ; but
this Violence not producing that Su^mif-
fion as was expetled, that affembly was
Diflblv'd.
Ot this Ri or, Complaint was feveral
times, while ic Lifted, made to Mr.
Moore 'f b'jc he would nut try to fupprels
it, nor, when in fome Meafure over,
would he take any Care that they fhould
be Profecuted} nor fo much as oblige
fuch oi (.hcm,iisLundgrttve, Thorrns Smithy
regularly demanded Security of the Peace
from, to give the fame : Nay, one Mr.
Stepkns, who was not in Town then,
but heard he was named by the Rioters
as one of the profcribed, going with fe*
veral who had been injur'd^ to fee how
Mr. Moore would rec::'ive them, was,
while fitting by Mr. Moore at his own
Table, by- a Servant ot Mr. Moore^^ pull'd
backwards by the Hair of his Head, liruck
and wounded, and all only for his im-
pertinent Curlofity, as he was told on
that Occafioa. He defires the Gover*
nour to bind this his Servant to his good
Behaviour, and oblige him to appear to
anfwer this Aftion at the next Scflions,
but nothing was done. The nowGover-
nour. Sir Nathmid ^ohnforiy was hereby
oblig'd to take on him the Government.
To him immediately the InjnrM apply'd
for Juftice, but are denied ; and, tho'
the Grand Jury, a little after he took on
him his Office, after hiving received a
Record of the Riot from Lundgrave BtU
linger on his own View, and on Examini--
tion of Witneffes and Depoiitions in re-
lation to the OJtrage com-mitted on tlie
Woman with Child, prefented it to the
Court as a great Grievance, that this
Riot was not looked into, nor the Rio--
ters profccuted, yer no Juftice agaialt
tiiem could be obtain'd, the Judge giving
for Anfwer, It voas before the Council his
Sapcriors. The prelent Governoor, That
it vas an Aclion done before his cor.ing;
to the Government, that he thought the
Time or Profecution lipfcd. but woui4i
take care the like (houid be no more. it
, Then a new Affemblr was called, and^
at the Election tor BirUky and Crj.ven>\
County, (fur in Colleton c.ojpty there*
wns no Oppofition) the Violedces irfJ
Mr. Mvore's Time, and all other iHeg.fS-
Practices were with more Violence re-
peated and openly avow'd by the prefent^
Governour and his Friends. On this jtt*^
fcph Mprtpn and Eitnuni Bdliugar^ LAnd*i
graves, and I'^eputies of the Lords Prc»-
prietors, all the other Members of Co/-
/tjtow County., and feveral of thegreateft.
Worth and Reputation in Berkeley County
prevail'd with me to come for EngUni^
and reprefent to our Proprietors our mi-
ferable State ; which (when I (hould be
gone, for before they durft not) they
laid they would write down, fubfcribe,
and with Letters of Credence, fend to mc
to Virginia, where they knew I was to
wait tor Convoy. This they did, and I
rectiv'd them, and not only what thty
promiffd, buc an Account of what ex-
traordinary Advances the late and prc-
fenc Governours made, by help of the^r
new AlTembly, to their defired abfolute
and tyrannick Power, and part cularly
their PraOices on one ^ohn Martin, to
Icjuetze from him 60/. for' the prefent
Governour, uhereas the ofherhad been
content with Fifty, for that Favour, which
they would perpAade Job? Martin was
neceffary for him : But he tlioughc this
too oppreffive, (b mai<es his Eftape, not
daring to ftay in that Country. But be-
fore he goes, difcovers a Defign Mr.
Moore had of Employing him the faid ^ohn
Martin in a private Trade with the
i'rcnckf in which its more then likely
oihers were to be concern'd. 'Tistrue, I
can't, by the Evidence 1 have here, le-
gally convift them of this Defign of hold-
ing Commerce with Her Majefty's Ene-
mies J but I think the original Letfer I
have of Captain Moore s to John Martin,
the Grange Bond on the Breach of their
Confederacy, by the prefent Govcrnour
extorted trom ^okn Martin's Brother
Patrick, and his Securities, of which I
liave a Copy, as alfo the Illuftration of
fome oblicure Exprefiions in the Letter
made by ^ohn Martin himfelf, which are
that the 3Kffprtts to be fent by Mr.
Valentine the ^ew, was the 60/. required,
^ur llBuffnEfs, the private Trade with
the Frencht will hardly let one doubt but
they had luch a Ddign.
The Treacheries, OpprefTions and
Hoftilities committed by ^. Moore, Efq;
on the Natives before this our War with
Spairtf and which now under that Colour,
tho' on fuch as are neither ftibjeft tothem,
c 32 3
nor have in;ur'd uS, much locreaftd, are
Adi fo barbarous, fo inconfiftent with
the Profit and. Safety a good Corre-
fpondence with tbetn would afford us,
that I dare but mention-ir, left it let me
into a Defcription too large for this Pa-
per; nor for the fame Reafoncan I here
give a full Account of that partial Pro-
lecution which the fame James Moore, 2i
Attorney-General, made againft one
■ ■ j^lfflrd his Servant or Trader, ac-
cused of having hir'd and aflifted an In-
dian Slave in Murthering his Maftec
John Henry, Servant or Trader to Mr.
James St any am , not for any Qiiarrel
that was between them, but only to re-
move a too fuccefsfal Competitor in that
Trade of which the Grand Jury held at
Charles Town in la ft com-
plain'd, defired the Tryal therefore to
be deferred till the Witnefles wanting
might be prefent, and the Indian, who,
confefling the Faft was condemn'd, might
tiH the Tryal (hould be over, be Re-
priev'd ; all which the faid James Moore^
with heat oppofed, tho' the Judge
thought itreafonable, and anfwer'd their
Defire.
To confirm and ftrengthen the Troth
of this my Relation, I have thought fit
to offer to the Reader the Reprefenta-
tion as drawn by thofe who fent me,
whofe Names are Subfcrib'd ; as alfo
the Minutes of the Eleftion of Mr. Moore,
and the MelTage from the Grand Jury to
the Court about the Riot.
To
C JJ]
(Numb. 5./
loh'is Excellency John Granvill, Bfq-^ Palatine j and to the
refi of the true and ahfolute Lords and Proprietors of the
^roVmce of Carolina.
The Re^refentation andAddrefs of fever at of the Members of this
frefent Ajfembly rf turned for ColIetOn County ^ and other the
Inhabitants of this Province, ivhofe Names are hereunto Jub-
fcribed.
May it pkafe your LordflAps^
ALcho the miferable Eflate of this Co-
lony will be fufficiently known to
your Lordfhips, from the Relation of John
Afl}^ Efqj who is fully 'intrufled by us to
remonftrate our Grievances to your Lord-
fhips i yet we think our felvcs exceeding-
ly bound and obliged to lay before you
whac we think does concern your Lord-
fhips Honours, and the Peoples Rights and
Privileges : For if the Queflion were a-
bout Matters of fmall moment, vvefhould
be afhamed to be importunate, and un-
willing to give the lea fl trouble to your
Lordfhips ^ but confidering that the very
Foundation of our lawful Rights, hath of
late been ftruck at by Perfons, who have
more regard to their private Intereft than
the publick Good, we humbly conceive,
that it cannot fland with the Duty we owe
to our felves as EvgUjhmen^ or to our Po-
flerity, to fit down contented with lefs
than that which every Liege and Free-
born Subjeft of the Crown of England
may, and of right ought to have. And
therefore left our Silence fliould be pre-
judicial to fo important a Caufe, we hum-
bly crave your Lordfhips leave, faithfully
and impartially to reprefent to you the
great and notorious Violations and In-
fringements of our Laws and Liberties, un-
der which we fuffer.
We fhall go no further back, but date
the unhappy Caufe and Grounds of our
Complaints from and immediately after
the Death of the late Governor BUi;e ;
For the Choice and Eledion of a Governor
to fuccccd him being intrufled wirb your
Lordlliips Deputys here, that Perfon a-
mongft your faid Deputys who made the
ftrongefl Party in the Counfel, did carry
the Government by perverting the Defign,
and breaking thro the Rules and Inflruc-
tions agreed to by your Lordfhips for fuch
Eleftion. And thsmanifeftlyappear'din
the unjuft Eleftion of the late Governor
Moore ^ in prejudice of Landgrave MoY"
/■oh's Title, who (after he was Elefted by a
Majority of the Council then prefent) was
objefted againfl by the faid Moore^ and ex-
cluded only becaufe he had accepted of
a Commiffion from the King : And as the
faid Moore acquir'd and obtain'd the Go-
vernment of this Province by Fraud,
Flattery and trifling Exceptions, as afore-
faid J fo has he endeavour'd ever fince to
manage all things by bafc and indircft
Methods, and crafty Projefts, which made
his Government miferably unfortunate to
us all. The great perfonal Debts and Ne-
ceffities whicli the faid late Governor
Moore had to firuggle with, may well be
thought to have put him upon,and promp-
ted hira to defigns to cnricli himfelf at the
publick I'eace and Welfare : And becaufe
thefe his Defigns cou'd not pofTibly be
effcftcd by himfelf alone, he knew very
well, tliat to engage the Council to hu
Interefl, and to have an AlTembly chofeti
to his liking, wou'd be the way efleftually
tcr complcat and accomplifh his Ends and
Purpofcs : Thereupon 'tis manifcfl, therr
being Vacancies in the Council tor Perfonj.
fit, and worthy to reprefent your Lord-
fhips, and your Lordfhips Plcalure not be-
E iflg
Ing then Signified and known thcrein,thofe
very Vacancies were fupplied by fiich Per-
fons whom he beforehand knew, and was
well fatisfied and aiTured would be for his
life and Purpofe ; and it's as well known,
that the Debates and Confukationsof the
Council have all along been carried on,
and managed to the Ends aforefaid.
And purfuant to his faid Defign, he did
by indireft Praftices endeavor that fuch an
Affembly might be chofen as would be a-
greeable in their Temper and Difpofition
with his Defigns and Refolutions : This
was to be brought about, tho the very
Foundation of our Engl'ij}} Rights and Li-
berties were undermin'd and utterly Tub-
verted in the Attempt.
I. We therefore in the firfl place humbly
reprefent to your Lordfhips, and we do
aflert and maintain, That it is one of the
fundamental Rights and unqueflionable
Privileges belonging to Englipj-men, that
all Eleftions of their Reprefentatives to
ferve in Parliament ought to be free and
indifferent, without any Prayer or Com-
mandment to the contrary •, and that no A-
lien born out of the Allegiance of the
Crown of EngUtnd^ unlefs he be otherwife
efpecially qualify 'd, ought to eleft for, or
be elefled to ferve as a Member of Af-
fembly-, all which notwithflanding, at the
Eleftion of Members of AlTembly to ferve
for BeY\ly County made in the Month of
November, 1701. there were feveral great
Abufes made and committed, againft the
Ancient Ufages and Cuftoms of this Pro-
vince, and contrary to Law, particularly
an A(\ intitul'd, An Ail for KeguUt'ing E-
lelfms, &c. and to the great Didlatisfac-
tion, and manifefi: Prejudice of the feveral
Inhabitants of this Province, Candidates
and others. For fo it was, may it pleafe
your Lordlhips, that at the f.ad Eleftion,
much Threatnings, many Intrea-ies, and
other unjuflifiableAff ions were made ufc of,
and illegal and unqualify 'd Yores given in
to the Sheriff, and by him receiv'd and re-
turn'd; particularly the Votes of very many
unqualified Aliens were taken and enter'd,
the Votes of feveral Members of the Coun-
cil were filed and receiv'd, a great number
of Servants, and poor and indigent Ferlbns,
voted promifcuoufly with their Maftcii a/,d
Hi
Creditor?, as alfo feveral free Negroes were
receiv'd, and taken for as^ood Eleftors as
die bed Freeholders in the Province. So
that we leave it with your Lordfliips to
judg, whether admitting Aliens, Strangers,
Servants, Negroes, (fy-c. asgoodand quah-
fied Voters, can be thought any ways agree-
able to King Charles'i Patent to your Lord-
fhips, or the Engl'ifh Conflitiition of Go-
vernment.
11. W't reprefent to your LordOiips,
that when at the meeting of the Artembly,
divers Candidates, by Petition by them ex-
hibited, pray'd to be heard againfl the
Return of the Sheriff for 6c;'^/)_^County of
the Eleilion aforefaid, and iniified upon
their Right, and that the Sheriff's Return
was falfeand illegal : and the laid AtTembly,
the better and more impartially to inquire
into the ill Praftices at the faid Eledion,
did firfl of all refolve to begin upon I'n-
vileges and Eleftions, that the late Go-
vernor Miore^ to prevent fuch Inquiry, did
feveral times prorogue the faid Af-
fembly.
in. That when the faid AiTembly were
at lad fuffer'd to ft, the hiquiry and Ex-
amination into the Sher.ff's Return of the
lafc Eleftion was obfirucfed, ai;dinduflii-
oufly prevented, by fetting on foot an ill-
hid Defign of raifing Force,s toactaque St.
Aug'ujllne. • ... . .
I V. That notwithflanding ypur Lordfliips .
repeated Commands to your Deputies to .
procure a good Regulation of the hidian
Trade, on which our friendly Ccrrefpon-
dence with all our Neighbouring IndUns,
and the Peace and Safety of this Colony
chiefly depends, yet the faid late Governor
Mo-}ye has been by his Artifices, the dii.ef
(if not the only) occafion of obftruftipg .
the fame, dcfiguing nothing Icfs than in-
grofTing the fame for himfcif and Accom-
plices i having already ulmji't ucterJy ru-
in'd the Trade fir Skins and Furs (where-
by we held our ch-ef Corrclpondcncc with
Ei-gUidJ and tiirn'd it into a Trade of
Z'.'i/z.tt- catching or Slave-nuking,^ whcrtby
the Indians to the South und IVefioi us are
already involv'd in Blood and Coafufion •,
a Trade fo odious and abominable, that
every otiier Colony in Americ.t (altho they
have equal Temptation) abhor to follow.
V. Th:t
C J5 ]
V. That the faid kce Governor Moore
did grant Commifiions to Anthony Dodf-
worthy Robert Mac^om and others, to fee
upon, afiaulr, kilJ, deflroy, and take
Captive as many Imiinns as they pofTible
couid, the Profit and Produce ot vvhicli
Indian Slaves were tiirn'd to his private uie j
whereas fuch Undertakings, unjulland bar-
barous in themfeives, will in all probability
draw upon us an Ind'un War, with all the
dreadful Confcquences of it.
VI. We reprefent to your Lordfhips,
that the late unfortunate, ill-contrived,
and worfe -managed Expedition agaiaft
St. Auiufiine, was principally fet on foot
by the laid lace Governor and his Adhe-
rents •, and that if any Perfon in the faid
late AfTembly undertook to fpeak againft
it, and to fhew how unfit and unable we
were at that time for fuch an Attempt, he
was prefently look'd upon by them as an
Enemy and Traitor to liis Country, and
reviled and affronted in the faid Aflembly,
alcho the true Defign of the Expedition
was no other than catching and making
Slaves of Indians for private Advantage,
and impoverilhing the Country. And tliis
will plainly appear, when your Lordftiips
know that your Country is brought more
in Debt at this time, and upon this occa-
fion, than ever fmce its firll: Settlement,
if we put all the Debts we have owed
together. And that the Expedition was
to enrich themfclves, will appear particu-
larly, becaafe whatfoever Booty, as rich
Silks, great Qiianticy of Church- Plate,
with a great many other coflly Church-
Ornaments and Utenfils taken by our Sol-
diers at St. AugujVwe, are now detained
in the Poffeffion of the faid late Gover-
nor and his O.ficeis, contrary to an Aft of
AfTembly made, for an equal Divifion of
the fime among the Soldiers.
VII. That the fiid late Governor would
have had the fiid Expedition againfl St.
AngujVme begun and undertaken before the
War with Spain was proclaimed here ^ and
this was vehemently urged by his Incercft
in the faid Alfembly ; but with much ado,
being put to the Vote, was carried in the
Negative. And when at iafi: the Expe-
dition was ordered, the Management of
the laid late Governor was fuch in all its
Sieps, particularly" in relation to hisfliame-
ful Retreat, and burning the Country's
Veffeis, that we are afiiamed to mention
t!ie fame, till we have a Free Affembly,
before which the matter may be fairly
tried, which is the only thing the faid
late Governor and his Adherents are moft
afraid of.
VIII. That in the faid late AlTembly,
the Conflitutions fent by Major Daniel
vvcrecfFer'd for their pafTing, urg'd with
great Strength of Reafbn for to have
them pafs'd by Mr, AJJj 5 but they were
oppofed by Mr. Trott^ Mr. Hon-es, and
others the faid Governor's Creatures, and
leveral reflefting Words ufed by tiie faid
TrottznA. Howes concerning chem, expo-
fing the ConRitutions as ridiculous and
void in themfelves; thereby endeavouring
(notwithftanding your Lordfhips care of
us) to keep the People in an unfettled
Condition, that from time to time they
might the more eafily be impofed on by
them.
IX. That after the People returned
from St. Angufiim, the time for the faid
Ahembly to meet, according to the laft
Prorogation, was jufb at hand j when
they met, they went upon the Inquiry of
the Charges the Country had been at in
the faid Expedition, and were upon De-
bate for the finding out ways and means
for the Payment of the Country's Debts,
forfecuring the Colony, for the fettling
of Elections for the future, and for grant-
ing as much Freedom to the French and
other Aliens as could be granted by the
Affembly, or the Frcnc/j reafonably expeft.
A Bill for the better Regulating Eleilions^
pafTed the Lower Houfe twice, and was
fent up to the faid Governor and Coun-
cil, wiiere it was rejefted without fb much
as a Conference j upon which fevcral of
the Members, jealous of their Privileges,
and being fo ordered by thofe that fent
them, left the Houfe, firft entring their
Proteffation, a Copy of which Mr. A^)
has to (hew your Lordlhips, and to which
wc refer you.
X. But what we have yet to reprefent
to your Lordlhips, makes very deep Im-
preffions on us, and is not to be thought
op by us, but with the grcatefl Regret and
Concern. For altho the Mcral:)ers of the
lateAfiembly, who proteffed and did leave
E 2 the
I J<5]
*he Houfe as aforcfaid (hoping that the
next day they might find things in better
f>rder, and fome temperating means found
out, which might have given Ibme tole-
rable Affiurance of having their Liberty s
fecured) went- every one of them to the
Houfe on the morrow, and frankly offered
to fit longer, if the reft of the AfTembly
would join \\ich them to affert their
Rights •, but inftead of any Compliance,
they were abus'd, revird, and treated
with the moft reflefting Language imagi-
nable, very Imbecoming an AlTembly.
And we further reprefenc to your Lord-
Ihips, that in a day or two after fuch
Abufe given them in the Houfe, feveral
of the faid Members, vtT^, the faid John
AjJ:^ Efq; Landgrave Tbomai Smith, and
others, were aifauJted and fet upon in
the open Street, without any Provocation
or Affront b^ them given or offered. The
faid Thomas Smith was fet upon by Lieute-
nant Colonel George Dearsby, who with his
Sword drawn, and the Point held at the
iiid Smith's Belly, fwore he would kill
him, and if he had not been prevented,
would have done the faid Smith fome con-
iiderable mifchief, to the endangering of
his Life. The faid John AJIj walking along
tlic Street, was affaulted by a rude, drun-
ken, ungovernable Rabble, headed, en-
couraged and abetted by the laid Dearsby,
Thomas Dalton, Nicholas Nary^ and other
Perfons, Inhabitants, who fet upon the
faid i4y/,', uled him vilianoufly and barba-
roufly ; and that Evening, when he the
laid Aj}} was tetired into a Friend's Cham-
ber for Security, the fame armed Multi-
tude came to the Koufe where the faid
J.fh was, and demanded him down, alfu-
ring him at the fame time that they
would do him no hurt, but only wanted
to dilcourfe with him : upon which Atfu-
rance he came down to them •, who not-
withftanding, being encouraged and af-
fided by Captain Rhett and other?, drew
him by Force and Violence on board his
the laid Rhett's Ship, reviling and threat-
ning of him as they drag'd him along ^
asd having gotten him on board the faid
Rbett\ Ship, they fom.etimes told him
they would carry him to Jamaica^ and at
other times threatned to hang liim, or
leave him on l(?Bie remote Ifland.
XI. That the faid hte Governor had
the fame way (immediately before the Riot
began) treated a great many of the Per-
fons concerned therein, and ufed fuch
Expreifions to them, as gave them, next
their Drink, the greatcft Encouragements
for what they afted, by telling them that
the protefting Members would bring the
People on their Heads tor neglefting to
pay the Countr)''s Debt?, which if ic
fliould happen he knew not who could
blame them ; in the mean time he thank'd
them for their clofe Adherence to him in
all his Concerns. And after the Riot be-
gan (of part of which he was an Eye-
witnefs) having firft drank with Ibme of
them, he withdrew himfelf out of the
way, thereby giving them greater Incou-
ragement to proceed in their Tumultuous
Prafticcs, and by his Example and Abfenee
difcouraging the inferior Ofiicers from
executing tiheir Duty.
Xir. That vvhllll the faid Riot conti-
nued, which W3' tour or five Days, Land-
grave Edmond B^ilivger, who was a Juftice
of the Peace, there being no other to be
feen that underftocd his Office, went out
to fupprefs and record the atorefaid Riot ;
but the Rioters no fooner faw him, than
they called him all tlie opprobrious Names
they could think of, and the faid Rhett
came up to him and fliruck him over the
Head with his Cane, and continued beating
and ftriking of him for a confidcrabie
time, as by the faid Record hereuich
fent your Lordfhips will more fully ap-
pear.
XIIL That the faid Rioters beat and
abufed Mr . Ja/c'/'/j Bjo;;e, and put him in
danger and fear of his Life, v*ichout any
Provocation by him given or offered ; and
that for four or five days fuccefTivcly, and
at other times after, the faid Rioters un-
ufually armed and weapon'd to the great
terror of the People, frighrned and ter-
rified Perfons, that they were forced
to leave the Town, their Affairs and
Intcrefls expofed to the Mercy of a licen-
tious Rabble.
XIV. That fome of the faid Rioters,
vvhilft the Riot was at the Church, went
one night to the Houfe of John Smith, a
Butcher in Charles-Toivn ; and there being
a Woman big with Child in the laid
Houfe,
C i7l
Houfe, they with Force opened the Door,
threw her down, and otherwife mifufed
ii£r, that Ihe brought fortii a dead Child,
with the Back and ikuil broken.
XV. That the Ihid John Ajl:, Thmat
Smith, James Ryres^ Jofeph Boone^ and
others, comrJained to tiie laid late Go-
vernor and his Council, letting forth the
Abulesaud barbarous Ulages they had met
withal from the aforefaid Rioters, and the
Danger chcy were yet in, for that the
laid Rioters were ftill in Arms, (^c. but
they met with no other Satisfaition from
them, than that the laid late Governor
Ihifted oft" the matter, by faying it was a
bufinefs fit for a Jnfricc of Peace ^ and
being asked by James Byres, whether or
not he look'd on himfelF, as Governor,
obliged to keep tJie Peace of the Province ?
he replied, that was a QueAion he was
not obliged to anfiver.
XVI. That before the next SefTtons of
the Peace lioldcn for the laid Province,
Sir Nathaniel Johnfnn was proclaimed, and
took upon him the Gove-iiment, and then
Mr. Tro^rhad ^ CommifTion to be Judg,
and the faid late Governor was made
Attorny General, fo that it was in vain to
expcft any Relief or Remedy here: How-
ever, the faid Edmond Bellirger did what
in him lay to have the faid Riot inquired
into, gave in the Record thereof to the
Bench, and fomc of the Grand Jury urged
to have it prefented, but to no purpofe,
for fomc of the Abetters of the Rioters
being of tiic Jury, and making Friends
there, rtopt the whole Proceeding.
XVII. We further reprefent to your
Lordfhips, that contrary to the Rights and
Privileges which we ought to enjoy, the
Jaft Eleftion of Members to ferve fur
Ber%- County, was managed with greater
InjuAice to the Freemen of this Provi;ice
than the former: For at this lafl Election,
Jews, Strangers, Sailors, Servants, Negroes,
and almoft every French Man in Craven and
Berl^ly County came down to eleft, and
their Votes were taken, and the Pcrfons
by them voted tor, were returned by the
Sheriff, to the manifeft wrong and preju-
dice of other Candidates.
Things flanding with us, as is before
faithfully reprcfenced to }our Lordfl-iips,
we thought it our Dtlty, fince We cm'
have no Remedy or Relief in Carolina, to
apply our felves to your Lordfhips, whofe
Paternal Care and Concern for us, we
quefrion not, will be lignally evidenced and
extended unto us upon fuch occafions, and
in fuch extremities: For when once our
Lawful Rights and Privileges are denied
us, when Foreigners and Strangers fhalJ
make our Laws, when wc can have no
Proteftion from thole who ought, and
are intruded by your Lordfhips, to fee
the Laws executed ; when, in a word.
Force is made the Arbiter of all Diffe-
rences, and all things reduced to a State
of Confuhon, it is lurely a time, if ever
there be one, for a People to complain :
and miferable are thole Subjefts, who-
mud be heftored and domineered over by
their Fellow- Subjefts, even by thofe who
have hardly any other way to fupporc
their decayed Fortunes but at the Expence
of the Publick. It may be worth your
Lordrnips while to refleft what might have
been the occafion, that fo few Perlbns of
Incerefl, Honour and Education, come
amongft us, and that good People go,
and are going from us, when the Colony
is in a thriving Condition ; certainly it is
bccaufe the £ng//y/; Liberties, that al! her
Majefty's Subjefts in all other Places in her
Dominions juflly claim, are notorioufly
trampled on, to the great Diicouragsment
of Settlers. As to the Frf7;c/;, they have
hitherto lived peaceably, and with due
EncGi:ragcme!K amongft usj but wJicn we
fee and confider, chat they are often made
Tools of, and impofcd upon, and perfua-
ded by ili-dc'igning Perfons here, to carry
on linifter Dcfi^ns to the general Difad-
vantage of the Country, and how cafily
the}- are drawn into Errors, by rcafon-
they have not a right undei (landing of
our Language, and are ignorant of our
Laws, we can't imagine thatv^c do them
any hurt, by making good and. wholclbm
Laws for us and tliem, {\iKt we oblige
them by no other Laws whatfoeVcr, or-
upon any account, than what we our felves
are obliged by, and live under. What
then have we to entreat for and pray of
your Lordrbiips ? Nothing Icfs, than thac
your Lordfhips v/ould be plealcd to take
all and fngul.ir the Frcmifes into your
iej'.ous
C ?8 ]
ferious Confiderations, to fettle and efta-
blifh the Peace of this Colony on fuch a
fiire Foundation, that it may be beyond
the Wit and Malice, and out of tlie power
of ill-defigning Men to difturb it for the
time to come. And kflly, we on behalf
of our felves and her Majefly's Liege
Subjefts, Inhabitants of thir Province, do
more efpecially pray and defire your Lord-
(hips, that you would be pleal'ed to give
Direftions for calling a Free General Af-
fembly, which will undoubtedly afiift
your Lordlhips to redrcfs and remove the
Grievances aforefaid, fettle the Peace and
Profperity of this Colony, and procure
that chearful Obedience which ought to
berendredto your Lordfhips, under her
prefent Majefty •, carrying with it the Offer
of our Fortunes and beft Endeavours for
her Majefly's and your LordlTiips Honors,
as a real Teftimony of our Thankfulnefs.
May it pleafe your LordJJ/jps,
ALL the Complaints and Grievances
above exprefi, cannot be fuppofed
to be perfonally known, and prov cable
by every of us the Subfcribers of the
fame (tho there be none of us, but to
our fad Experience can witnefs too many
of them} but v/e make no doubt, when
your Lordfliips fhall order fuch a Method
for Enquiry into the Truth of the Premifes,
as may be free, without partiality and
brow- beating of the Perfons to be exa-
mined thereon, they will be made as
evident, as that the Sun at Noon ftiines in
our Hemifphere.
That your Lndflnps may long and profpe'
rou/ly livCy U tke Prayer of^ may it
pleafe your Lord/hips, pur Lordflnps
moj} humble and mofl obedient Servants.
Signed by above i $o ot the Principal
Inhabitants.
(Numb. (J.)
An A^ for the more eJfeHud Prefervation of the Government of
this Province^ by requiring all Perfons that /ball hereafter be
chofen Members of the Commons Houfe of Affembly^ and fit ia
the fame^ to take the Oaths and fubfcrihe the Declaration ap'
■ pointed bj this A^ ; a?id to conform to the Keligiom Worfhip in
this Province, according to the Church of England ; and to
receive the Sacrament of the Lord^s Supper^ according to the
Rites and Vfage of the faid Church, .
AS nothing is more contrary to jthe
Profeffian of the Chriftian Keligion,
and particularly to the Doftrine of the
Church of England^ than Perfecution for
Conlcience only : /5et)£t:t!)elff^,
^ Whereas it hath been found by Expe-
rience, that the admitting of Perfons of
different Perfuafions and Intereft in Mat-
ters of Religion, to fit and vote in the
Commons Houfe of Aflembly, hath often
eaufed great Contentions and Animofitys
in this Province, and hath very much ob-
flrufted the Publick Bufmefs •, and whereas
by the Laws and llfage of England, all
Members of Parliament are obliged to
conform to the Church of England, by
receiving the Sacrament of the Lord's
Supper, according to the Rites of the faid
Church.
Be it therefore Enafted, by his Excel-
lency John Lord Granville, Palatine, and
the reft of the true and abfolute Lords
and Proprietors of this Province, by and
with the Advice and Confent of the reft
ot the Members of tiie General Affembly,
now met at Charles-Town, for the South-
Weft Part of^ this Province, and by the
Authority of the fame, That every Pcrfon
that
C 39 ]
that, after the Ratification of this Afl,
fliaU be chofen a Member of the Commons
Houfe of AficmWy, that hath not,within the
Space of Twelve Months before fuch his E-
ledion,receivcd the Sacrament of theLord's
Supper, according to the Rites and Ufage of
theChurch of £?)j/rt/?rfaseftabiifh'd by Law,
iuch Terlon afrcr his Eleftion, and before
he be permitted to fit and vote in the fa id
Houle, Ihall receive the Sacrament of the
Lord's Supper, according to the Rites and
Ufage of theChurch oi 'England^ in feme
publick Church, upon fome Lord's Day,
commonly called Sunday, immediately af-
ter Divine Service and Sermon ; and every
of the faid Perfons in open Affembly, in
a full Houfe duly fitting, with their Spea-
ker inhis Chair, fhall deliver a Certificate
of fuch his receiving of the faid Sacra-
ment as aforefaid, under the Hand of the
refpeftive Miniffer, or fhall make proof of
the Truth thereof by two credible Wit-
neficsatlcafl upon Oath.
£ut whereas fome Perlbns fcruple the
Receiving the Sacrament of the Lord's
Supper, by reafon they iear they are not
rightly fitted and prepared to partake of'
that Ordinance, who do neverthclefs out of
real Choice conform to the Church of Eng-
I And as Efcablifli'd by Law, and do fin-
cerely profcfs the Same, and do not ab-
flain from the Sacr.nmcnt of the Lord's
Supper, out of any diliike to the Manner
and Form of the Adminiffration thereof,
as ufed by the Church of Etigl.vd, and
prefcribcd in the Commanioii-Office, in
the Book of the Ccmmon- Prayer of the
laid Church.
Ec ic therefore enafled by rhe^ Authori-
ty afcrcfaid. That every Pcrlbn that after
tie Ratiicationof rhisAft fliali be chofen
a Member of the Commons Houfe of Af-
fcmbly-in this Province, in cafe he hath
rot received the Sjcrament of the Lord's
Supper, according to the Rites and Ufage
of the Church of England^ as is before
prefcribcd by tins Aft, then every flich
Ferfbn before he vote in the fuid Com-
mons Houle of Ailcmbh, or fir there
during any Debate in the feid Hcufe, af-
ter their < Speaker is chofen, fliall upon
his Oath taken on the Nol} Evangelijls,
declare, That he is of the Profcffion of
the Church cf England as efiabjilh.ed by
Law ; and, that he doth not abflain frort
the Sacrament of the Lord's Suppef out of
any Diflike to the Manner and Form of
the Adminiflration thereof, as ufed by the
faid Church of England^ and as it is pre-
fcribcd in theCommunion-Office,in theBook
of Common- Prayer of the faid Church j and
that he is not, nor for One Year pafl,
hath not been in Communion with any
Church cr Congregation that doth not
conform to the faid Church of England^
nor received the Sacrament of the Lord's
Supper in fuch Congregation j and that as
a Member of this the Commons Houfe of
AfTembly, he will endeavour the Good and
Welfare of the faid Church of England as
Eflabliflied by Law : which faid Oath cr
Declaration of Conformity t< th- Church
of Evgland, fhall be in the Forn:. herein fee
down and prefcribcd (cl.at is tu fay) ' I A
' S. Do folemnly and fmcerely, in the
' Prefence of God, profcfs, teflify and
' declare, That I am cf the ProfefTton of
' the" Church of England as eflablifhed
' by Law. ^ and that I do conform to the
* Same, and ufually frequent the faid
' Chiirch for the piiblick Worlhip of God -,
* and that I'do not abflain from the Sa-
' crament cf the Lord's Supper, out of
' any Diflike to the Manner and Form of
' the Admhrflration thereof, as ufed by
' the faid Chiireh cf England^ and as it is
' prefcribcd in the Commuriioii-Officc, in
' the Book of Common Prayer of the
* faid Church j and that I am not, nor for
' One Year paff, have not been in Com-
* munion with any Church or Congrega-
* tion that doth not conform to the faid
' Church of England, tior received the
' Svicramci't of tfie Lord's Suppei: in fuch
' Congregation' i and that as a Member of
* this Houfe of Airembly, J will endeavor
' the Good and Welfare "bf the faid
* Church of England, as eflablifhed by
* Law : So help me God. Which
fh'd Oath cr Declaration of Conformity
fh^Il be folemnly and rublickJy made ap,d
f iiHfrribcfl by every ^lcn■;ber pf the lard
Q;mmons Houfe of AlfemLly (that dcth
nor prcduce d Certificate or otiicr f^oof
of his having received the Sacramcr^t of
the Lord's Suprcr, as before prefcribcd by
this Ait) between the Hours ol Nine in
the Morn'Pj^, and Four in the Afcernoon,
40 3
St the Table in the faid Houfe, and whilft
•3 full Houfe is fitting with their Spea\er
in his Chair : And every fuch Perfon that
rtiall upon Oath make and fubfcribe fuch
Declaration of Conformity to the Church
of England^ is hereby declar-d to be fuf-
nciently qualified to be a Member of the
Commons Houfe of Affembly, as if he had
received the Sacrament of the Lord's Sup-
per according to the Llfage of the Church
of England ^ as is above prefer ibed by this
Aft.
And be it further Enafted by the Au-
diorUy aforefaid, That all Perfons thac af-
ter the Ratification of this Aft (ball
be chofen Members of the General Af-
fembly, before they Vote in tlie Com-
mons Houfe of Affembly, or lit there
during any Debate in the faid Houfe of
. Commons, after their S-pca.\cY is chofen,
' Ihall on the Holy Evangelifis take the Oaths
appointed to be taken inllead of the Oaths
of Allegiance and Supremacy, by one Aft
of Parliament, made in the Firfl Year of
the Reign of tlie late King WiU'mm and
<^ucen Mary^ intituled, ' An Aft for the
' Abrogating of the Oaths of Supremacy
« and Allegiance, and appointing other
* Oaths i and fhall make and fiibfcribe the
Declaration appointed, to be made and
fubfcribed in the Aft made in the Thir-
tieth Year of the Reign of the late
King ChuYles the Second, * intituled, An
* Aft for the more effeftual Preferving the
* King's Perfon and Government, by dif-
* abling Fapifts from fitting in either
* Houfes of Parliament : And fhall alfo
take the Oath appointed to be taken by
one Aft of Parliament made in the Firft
Year of the Reign of Her prefent Ma;c-
fly, intituled, ' An Aft to dedare the Al-
* ^rerations in the Oath appointed to be
* taken by the Aft, intituled, An Aft for
< the further Security of her Majcfty's
* Perfon, and Succeition of the Crown
* in the Protcftant Line ^ and for cx-
' tinguhhing the Hopes of the pretended
* Prince of Wales, and all other Pretend-
* ers, and their open and fecret Abettors,
* and for declaring the Adbciation to be
* determined. Which Oaths and Declara-
tion in every fuccccding Affembly ftiall be
folemnly and publickly made and fub-
fcribed betwiKt the Hours of Nine in the
Morning and four in the Afternoon by
every Member of the faid Affembly, at
the Table of the faid Houfe, and whilft a
full Houfe is fitting, with their Speaker ia
his Chair.
And be it .further Enafted by the Au«
thority aforefaid, That if any Perfon that
(hall hereafter be elefted a Member of the
Commons Houfe of Affembly, fhall pre-
fume to fit and vote in the, faid Commons
Houfe after their Speaker is chofen, be-
fore he hath received the Sacrament of
the Lord's Supper, according to the Rites
and Ufage of the faid Church of England^
or upon Oath made and fubfcribed fuch
Declaration of Conformity to the Church
of England as is prefcribed by this Aft,
and hath alfo taken the Oaths, and made
and fubfcribed the Declaration, as re-
quired by this Aft •, every Perfon fo of-
fending Ihali forfeit for the firft time he
fhall fo fit the Sum of Fifty Pounds current
Mony of this Province ^ and for every
Day after that he ftiail fo fit, the Sum of
Ten Pounds, the one Half to the Palatine,
and the reft of the true and abfolute Lords
and Proprietors of this Province, to be
paid to tke publick Receiver of this Pro-
vince, to and for the Support of the Go-
vernment of this Province, and the con-
tingent Charges thereof, to be difpoled of
by Ordinance oi the General Aifembly j
and the other Half to him or them that
fhall fue for the fame within Six Months
after the Offence committed, by Aftion of
Debt, Suit, Bill, Plaint, or Information in
any Court of Record io this Province,
wherein no Elfoign, Protection, Privi-
lege, Injunftion, or Wager of Law, or
Stay of Profecution, by Non vult ultcr'iM
profequi^ or othcrwife, fhall be admitted
or allowed.
And be it further enafted by the Au-
thority aforefaid. That in cafe any^Perfon
(hall be return'd a Member of the Com- .
mons Houfe of Affembly, who (hall re-
fufe to qualify himfelf as required by
this Aft, ar.d fo cannot be permitted to fit
and vote in the faid Houfe, that then and
in fuch Cafe it (liall be lautbl for thofe
Members of Aifembly, that are qualified
to fit and vote in the laid Houle of Aifem-
bly, to order the Sheriff of the County
to lay the Poll or Lift of the feveral Can-
didates,
C40
didates, and the Numbers of them that
voted tor each of the Candidates, and ad-
mit that Perfon or Perfons, that hath the
grcatefl: Number of Votes next to them,
Members that were return'd to fit and vote,
as a Member or Members of the faid Com-
mons Houfe of AfTembly, provided they
do qualify themfelves as is above direfted
by this Aft: And in cafe there is not a
fufficient Number of the otiier Candidates,
that are qualified as aforefaid, to fill up
the Vacancies, that then a new Writ Ihall
be iflfued cut for fuch Number as is lb
wanting.
RcJd three times, and ratified in open
AfTembly, the Sixth Day of Afayy
Anno Da/n'miy 1 704.
Nathaniel Johnfoti, Thomas Bron^^ton]
James Moore^ Robert Gibbs,
Henry Noble, Nicholas Tron.
(Numb. J )
To His Exceilencyy John Lord GxznviW q Talatine, and to
the rejl of the true and abfolute Lords and Proprietors of
the TroVince of Carolina.
May it pleafe Tour Lordfl/ips •,
BY an Addrefs fent Your Lordfhips by
JohnAJJj Efq-, bearing date the 26th
of yiincy 1705. feveral oi the Inhabi-
tants of this part of Your Provir.ce, fet
forth to Your Lordfhips the undue Elec-
tion of the prefent AfTembly •, and befides
the heavy Taxes they have laid on Us,
and the Icvere Impofitions on Trade (the
Confcquences of the vain Attempt on St.
AiigtiJ}inc~) we are more particularly to
make our Complaints to Your Lordfhips,
of the great and unparallel'd Breach they
have made in the Charter, granted Your
Lordfhips by K. Churlcs IL and of our
Privileges therein contained. The AfTem-
bly having been prorogued to the loth of
May ; it was however called together by
Proclamation, to fit the 6th of April :
And having continued together feven or
eight Days, with little or no Bufinefs be-
fore them (to the great furprize of the
generality of the People) on a fudden,
without any previous Notice, on the 4//J
of May a Bill was brou^^hc into the Houfe
(the Copy whereof We have herewith
fcnt your Lordfhips) to exclude by a Sa-
cramental Tcfi: all DilTenters from litting
in the Commons HDufeof AfTembly. This
Bill was hurried on fo, that on tl.e 6th ic
paft the Houfe i there being, after all their
Endeavours, but Twelve for ir, and Ele-
ven againfl it j whereof feveral were
Members of the Church of England. In
the Upper Houfe, tho it pafl with lefs
Oppofition, yet the Landgrave Jofeph Mor-
ton was deny'd the liberty of Entring his
Reafons for his DifTent.
We are unable (my Lords) to defcribe
the Conflernation of the Generality of the
People at thefe violent Proceedings : All
moderate Perfons are extreamly difTatif-
fied, and the DifTenters themfelves under
the lafl degree of Confufion and Difcon-
tent •, defiring, with Grief of Heart, that
Your Lordfhips, in your Great Wifdom
and Goodnefs, will rake Their prefenc
Condition into Your ferious Confidera-
tions, and order a Repeal of the afore-
faid Aft, fo prejudicial to their Liberties j
for which they humbly offer to Your
Lordfhips thefe following Reafons.
r. K. Charles the Second, having by
His Charter to Your Lordlhips, given His
Subicfts, the Freemen and Freeholders of
this Province, by themfelves or their De-
legates, the privilege ot Advifing and Con-
ienting with Your Lordlhips, to all fuch
Laws as fhall be made here; and the Dif-
fenters being a very large part of the
Freemen, and Freeholders, and incoura-
gcd to tranfporc thenudves, Families, and
F Eflatcs,
[42]
Efiatcs, h'thcr by the faid Privileges, are
nocwithflanding eKcludcd from the Pri-
vilege of being Delegates, or Reprefen-
titives of the People in their AfTemblies
by the faid Aft, to the marafeft Violation
of the Charter.
2. The Difienters, in all the reft of Her
Majefly's Governments in /iwerjca, being
by no Laws eKcluded from being chcfea
into Ad'emblys in tiie relpeftive Coionys ^
and the Dilfcnters here, having a Right
thereunto in this Government, not only as
Freemen, but by the Ccnceflions in the
Charter, have the greater Realbn to com-
pJain of their prefent Sufferings.
3. We cannot too feelingly alture your
Lordfliips, that the faid Aft tends not
only to the great Prejudice, and utter
Difcouragement of her Majefiy's good
Subjefts, the Diffenters here, in rending
from them that fundamental Privilege,
which they and their Anceftors have peace-
ably enjoy'd ever fince the firfl Settlement
of this Colony •, but will alfo be a very
great Difcouragement to them in their fe-
veral Trades and Employments, and a fa-
tal Difcouragement of the further and bet-
ter Settlement of this Part of your Lord-
fliips Province.
For a further Account of thefe ThingF,
v/e refer your Lordlhips to Mr. Jojepb
Boene^ by vvhofe Hands we fend this co
your Lord fhips, defring you to give Cre-
dit to what he fhall further offer to your
Lord (hips on our behalf. Wifning your
Lord fliips good Health and Prof perity, we
are
Your Lordfhips
Charles Town,
May the loth Mod Humble, and
1704.
Mofl Obedient Servants.
7he Letter of Mrs, Blake, U'
the Lords proprietors*
'May itpleafe your Lordflnps^.
THE Share my Son has the Honour to
have with your Lordfhips in the Pro-
priety of this Province, together with the
publick Concern I have for the Propriety
thereof, oblige me at this time to give you
this Trouble, and to lay before your
Lordfhips a fhort Reprefentation of the
many Grievances the People are opprcfTed
%\ii:h.
!rhe precipitate and fatal Undertaking
againfl St. Aiignjlhie, and the Confequen-
ccs thereof, carried on by a Party, have in-
volved the Country in a Debt of about
10000/. to the Ruin of our Trade, the
Lofs of our Credit abroad, and intinite
Diflatisfaftions at home.
Towards Satisfaftion of which Debt, an
Aft vvascontriv'd for forcing the Currency
of Bills of Credit to the value of 6000 1.
Thele Bills were declared Cu-rent in all Pay-
aeflts, and die Refufer of them finable in
(Numb. 8.J
Viow of the late Governor ^ to
double the value of the Sura refus'd; where-
by the boldeft Stroke has been given to
the Property of the Settlers in tnis Pro-
vince that ever was known in an}' Country,
not govcrnd by arbitrary Power : And the.
bad Confequences of this forced Currency,
in relation to Trade with Strangers, are \o
great, that they can fcarccly be expreffcd,
without being ' more prolix than the'
Bounds of a Letter can allow. Your
Lordlhips very vv'ell know, that if the
Kingdom of England did not conceive fiicli
a Method deftruftive of the Peoples Pro-
perty, and of the utmod Danger to Com-
merce, they could not need any Pro;eftion
of Ways and Means, for raif:ng of what
Mony the Government's Affairs do require •„
but there has nothing of this been weiglf d
by your Lordfhips Deputies here, cr by
the packed Members of our Ccmmoi3>
Houfe of Alfcmbly : Befides all tliis, the
People
ipiean
C 4^ 1
•Peopleare.not fatisfied how many Bills are
truly fent abroad j and the great Concern
Mr. Jarnes Smithy alias Serureir (who
clieated the Scots Company of a confide-
rab.'e Sum of Mony, and with his Keeper
made his Efcape from Loudon hither) had
in this Contrivance, doth give a Jealoufy
of indireft Praftices therein fo prevalent
among the People, as mull end in Confu-
fion and Difcrder.
Neither have they ftopt here, but to
our prelent Amazement, and the Increafe
of our Fears of their evil Defigns for the
future, they have proceeded to pals an
Aft for the Esclufion of all Dillenters from
their Right to fit in the Commons Houfe
of Allembly, and obliging them to take
the Sacrament according to the Rites of the
Church of EngliW.d -, in the fame Aft in-
ferring a Claufe, to qualify the mofl pro»
fiigate of themfelves for AdmifTion into
Aftemblies by a declaratory Oath, altho
they never take tie Sacrament : This Aft
(after much underhand Dealing) was paf-
fed in a hurry, and carried by Twelve on-
ly againft Eleven, the above Mr. Smith,
who has neither Intereft nor Reputation,
being one of the Numl^er of the Twelve.
By the Artifices of thefe Men, the ho-
ned and well-meaning People have been
all along fet againft your Lordfhips Confti-
tutions ; they therefore feeing, that by
pafTtng of them, their indireft and arbi-
trary Proceedings would be in a great mea-
fiire prevented : But now the Eyes of the
People are fomewhat more opened, and
they begin to be fenfible of the Delufions
and Oppreffions they have been involved
in, your Deputies decline offering the
Connicutions to the People, altho your
Lordfliips (as I am well informed) have
often of lace commanded ic of them.
I know there has already been made to
your Lordniips, by Mr. John JiJJ;, a Repre-
lentation of the People's Sufferings here j
and that there will be at this time, and up-
on this Occafion, a farther Account of
thefe Affairs fent your Lordfhips by many
of the good People in the behalf of them-
felves and others, moft fenfibly affefted
with the Lofs of thefe Privileges, which
by King Charles's Charter to your Lord-
fhips, has been the Right and Ufage of
their Anceftors and themfelves, ever fince
the firft Settlement of the Province : And
my earncft Requefl: to your Lordfhips is.
That in your great Wifdom, you would be
pleafed co give them fuch a Hearing and
Ipeedy Redrefs, as may conduce moft to
the Glory of God, your Lordfhips Ho-
nour, and the Welfare and Profperity of
your Colony ; and you will highly oblige
Charles Town,
May the 1 6th
1704.
Your Lordfhips
Moil Humble Servant,
Eliz. Blake:
(Numk <).)
7he Fetition of the Committee of the Penfylvania Qmpany,
and diyers other Merchants tradm to Carolina.
To the LordGrdnviUP/ilatwe^ and the reft of the true and dfo-
lute Lords and Proprietors of the faid Province,
Humbly Shevp'mg^
THAT we underftand there is a Law iwce, &:c. which we are informed will be
lately pafTed in the Aifembly in Ca- greatly prejudicial to the Good ot the
ro///i/r, called. An A^f for the effectual Pre- Country, in preventing many who would
fervat'm of the Government of thfs Pro- tranfport tiicmfelves thither, as alfo bv
F 2 dii'
C 44
difcooragmg of Trade, and lelVcning the
prefenc number oi Inhabitants there.
Becaule it deprives them of that Benefit
T;hich was granted to them in the Charter,
and incouraged them totranfporc them-
felves and Famihes thither.
The which alfo they and their Anceflors
have enjoyed ever ilnce their firft Settle-
ment, notwithilanding they have been of
different I'erfuaficns in matters of ReHgi-
]
on -, yet all agreeing in the Fundamentals
thereof, have lived peaceably under theGo-
vernmenr, and have been ready chearfully
to contribute to its Support, and defire
truly its Prefervation, whatever is pre-
3V the
tended or fuggcfied to the contraryLv
faid Ad.
Wherefore as the People are the Strengrh
of a Country, and Trade the Life, and
this Aft (as we conceive) tends todimi-
nilh the one, and deprive them of the o-
ther:
We that are Merchants and Traders to
the faid Country, and have Correfpon-
dcnts there, humbly intreat you will be
favourably pleafcd to difallow this Law,
and order its Repeal.
Signed by the aboTefaid Committee,
and other Merchants not of the faid
Committee, trading to C^ri?//«<?.
(Numb. iQ.j
South-Carotina.
Jff J[i for the Efiablijhment of Keligiom Worjbip m
this Province according to the Church of England, and
for the Brewing of Chu-rthes for thi fublick Worfhip of
God^ and alfo for the maintenance of Mimfters^ and
the Building convenient Houfes for them.
The Fremhk, T?Orafmuch as in a well-grounded ChriAian Commonwedth, Matters con-
X^ cerning Religion and the Honour of God ought in the firfl place to be
taken into confideration, and honeft Endeavours to attain to fuch good Ends
countenanc'd and incourag'd, as being not only moft acceptable to Gcd, but
the belt Way and Means to obtain his Mercy, and a BlefTing upctfi a People
EnaHed. ^^^ Country : Be it therefore EnaBed by his Excellency John Lord Granville
Palatine, and the refl: of the true and abfolute Lords and Proprietors of this
Province, by and with the Advice and Confent of the reft of the Members
That the Boo^ of the General Alfembly, now met at Charles-Town, for the SoHfb-Wefi Part
of Cojfimn- of the Province, and by the Authority of the fame, That the Book of Com-
Prayer he eft a- mon- Prayer and Adminiftration of the Sacrament?, and oth<!r Rites and Cere-
hM)ed in thU monies of the Church, according to the ufe of the Church of Englav.d j
J^rovjrce. the Pfalter or Pfalms of David, and Morning and Evening- Prayer therein con-
Jnd that aU tained, be folemnly read by all and every Minifter or Reader in every Church,
Places for pnLvJhkh now is, or hereafter fhall be fettled, and by Law eftabliflied, v.ithin
lick, Worft'ip this Province •, and that all Congregations and Places for the publick WorOiip,
maintained by according to the Ufage of the Church of England within rhis Province, for
ahe Publick,, the maintenance of whofc Minifter?, and of the Perfons otficiatng therein,
fhallk deemed any certain Income or Revenue is, or (hall by the Laws of this Province be
'and eftabliJJied eflablifhed and enjoined to be railed or paid, (liall be deemed, fettled and
Churches. eftablifbed Churches. And whereas it is necelTary, and (or the better Accom-
The Province to modation and Conveniency of the Inhabitants of this Province, that the
be divided in- fame be divided into Parifhes, and ,the Bounds of the feveral Parifhes afces-
So yarijijis. taiaed ;. ^^
[ 45 3
Bf it therefore enacted by the Authority aforefaid, thai Chttrtes-Town it^Tke Bounds and
the Neck between C-}Ofer and AflAy River, as far up the Neck as the Plantation Lmjts of the
oi John Bird Gentleman on. Cooper River inclufive, and the Plantation of Chfjf. Pariflj of $^
topber Smith Efq^ on AJJjly River inclufive, is, and fhall, and from henceforth Phil'ip'j- in
for ever be a diflinft Paiilh of it felf, and be called by the Name of the Charles Town,
Parifh cf St. I'hiltfs in Charles-Town.
And be 'it further enabled by the Authority aforefaid, that the Church, fi- TbeChurch and
tuate in CharlesTon^n aforefaid, and the Ground thereunto* adjoining, inclo- rhurrh t,^vV
time to time inhabiting, and to inhabit there, that are of the Religion ^^"^^ Church-yard of
Profeffion of the Church of ilng/^nfl^, and conform to the fame; and that Sc.'phiHpV
there Ihall be a Reftor or NHnifler to have care of the Souls of the Inhabi- Charles-Town,,
tantsof the faid Parifh, and a perpetual SuccefTion of Reftors thereto ^^ Separated and
elefted, nominated and appointed, according to an Aft of Affembly, enti- dedicated to
tied, An Ail to fettle a Maintenance on a. Afinijier of the Church of Zn^ixid in the Service of
Charles-Town, ratified in open Affembly the eighth day of ohoberj in the Coa'.
year of our Lord 16^8.
And be it further ena^ed hy the Authoiity aforefaid. That the Reftor ofj-^ iQ-j^rn-h
tlie Parifh of St. Philips in C/wr/ej-row?? aforefaid, and his Succeffors,Reftors,-^f^^„^/' ,"
of thefaid Pariih, fiiall be incc.rpcrate, and fliall have Capacity and ^^^c^^- Succcdion '^^^
fion by the name of the Reftor of the Farifh-Church of St. Philifs in *'
Charles-Torvn^ and fhall be hereby enabled to fue and be fued by that Name
in all Courts and Places in tliis Province, and fhall have the care of the Souls
of the Inhabitants within tlie faid P^rilh, and have and enjoy to him and his
Succeffors for ever one MefTuage or Tenement for his Habitation, excepting
the Room referved fir the Provincial Library •, together wkh all the Out-
houfes belonging to the fjnie, together with all the Land and the Improve-
ments thereupon, and the Negroes and their Increafe, and the Cattle and
their Increafe ; the which Tenement and Out-houfes was built, and the
Land, Negroes and Cattle purchafed or given for the ufe of the Minirters of
the faid 5'^ F/i7////s in Charles-Tcwn^ and his Succeffors, purfuant to the a-
hove-recited Aft of Affembly, intitlcd, An Ail to fettle a Maintenance on a
Minifler of the Church of England in Charles-Town ; and alfo fuch other Re-
venues as is given to the Minificrof C/wr/ej--To»7j and his Succeffors l^y the
faid Aft, together with all Fees and Perquifites arifing within the faid
Parifh that are of Right due to the Reftor or Minifler thereof by the Laws
and Cufloms of this Province.
And be it further enjilcd by the Authority aforefaid, that Berl^fy County Berklv Countj
fball be divided into fix Parifhes ; that is to fiy, one in Charles -Torvn-^ ^'^'^ to be divided
upon the South-Eafl of Wandoe River ^ one upon that Neck of Land lying on i„tQ 6Pari(}}es
the North- Wefl of Wandbe^ and Scuth-Eaft of Cooper River •, one on the Wcf- '
tern Branch of Cooper River 3 cue upon Gooje Creek 3 and one upon Ap.ly
River.
And where. is it is neceffary that fix Churches be built for the publick Wor- six Churches
fhipof God> according to the Church of England-^ that is to fay, one upon to be built frve
the South-Eafl of V/andoe B,iver ; one »pon ch:t Neck of Land lying on the /„ Berklv
North- V/efl of W^jn.i^oe, and South of Confer River 3 one upon the Weftern ^^^^/^^
Branch of foj/'cr River 3 one- upon Goo/e Creek; one upon Affjly River; and
one on the South-Side of Stnme River in Colleton County ; the faid Churches
to be built in f.ich Place or Places, on the Precinfts abovcnamed, as fhall be
agreed on by the Majority of the Commiffioncrs hereafter named, by and with
{h«
, 1 46 ]
the Advice atidConfenc of the mijor part of the Inhabicdncs, who are of the
P^ofeffion of the -Church of £;!^/rfnfl?.*
Tie Vemm'i^O' Beit tkerefovc ■eiuickd by the Authority afcrefaid, that tlie Commiffioners
■ rcrs imforver'd hereafter named' fhall have power to take up by Grant from the Lords Pro-
totaJ^e a Grant priecors, o'r parchafe the lame from them or any other Perfon, and have,
ef Lctndi fir t.ike and receive fo much Land, as rhey fhall think neceifary for the feveral
the fever ill Scites of the feveral Churches and Ccemeccries or Church-yards_, for the Bu-
Sdtcs of the rial of Chriftian People there in the fevera! Places above-mentioned ; and
fever ill elm- fhall alfo direft and appoint the Building of the feveral Churches, according
cbes and to fucii Dimenfjon;, and of fuch Materials as they fhalJ tiiink fitting •, and alfo
■Cburcb'jcirds. the Fulp't, Desk'and Pev;s in the faid feveral Churches, and alfo the incio-
fing the feveial Co'mctcries or Church-yards.
And whereas it is iieceflary that there be fiK feveral Me^Tuages or Tenements
built, af.d fix feveral parcels of Land alfottcd for a Glebe for each of
the fix ReCiors or Miniflcrs of the faid Parifhes or Divifions : Be it therefore
cnalkd by the Authority aforefaid, that the Commifiioners hereafter named,
fhall have power to take, up by Grant from the Lords Proprietors, or pur-
chafe, have, take and.reccive tb.e lame from them or any other Perfon, (b
-much Land as they Ihall think fit of the feveral Glebes, and in fuch Places as
they (hall think conve-nient-, and upon each of the laid Glebes Ihall order
and appoint the Building of one MelTuage or Tenement for a Dvvelling-houfe
for the Re£for or Minifter, together with convenient Out-houfes, according to
• ■ . fuch Dimenfions, and of fuch Materials, as they fliall chink fitting.
Tn vrder to de- ^«^ in order to defray the Charges ot the feveral Tr.iOs of Land, and the
fray the Char- Building the faid feveral Churches, and inciofing the laid fevera! Coemeteries
^es thereof, or Church-yards, and the feveral Tra^fls of Land for Glebes, and the Building
the feveral MefTuages, or Tenements, and convenient Outhoufes on the fame ;
TheCommiJfio- Be itena^ed^ that the Commiffioners hereafter named, or the major part of
tiers imporceid them, fhall be enabled to have, take and receive all fuch Sum and Sums of
to receive all Mony, as any charitable and well difpofed Chriflians Ihail free)} and volunta-
charitable rily give towards the Building of all or any of the faid Churches,and inciofing all
Cifti^ or any of the faid Coemeteries or Church-yards,and fhall alfo have power to no-
minate and appoint one or more Perfons,Inhabitants of the Parifhes in the feveral
Places where the feveral Churches are to be bu;lc,to be Supervifors for the Build-
ing of the faid feveral Churches, and the inclofmg the feveral Coemeteries or
Church-yards,and the feveral Buildings that are to be upon the feveral Glebes :
and the faid feveral Supervifors fhall make an EAimate of the Charges of theBuild-
ing the feveral Churches,and inciofing the feveral Church-yards, and the feveral
Dwelling- houfes and Out-houfes that are to be built on the faid feveral Glebes,
and give the fame in Writing under their feveral Hands to the ComrailTioners.
And fuch Sum or Sums of Mony as fhall appear to them the faid CommifTio-
ccrs, to be in their Judgments competent to accomplifli the Building of the
faid feveral Churches, and inciofing the faid feveral Coemeteries or Church-
yards, and the feveral Buildings that are to be upon the feveral Glebes, over
and above what hath been freely contributed towards them, Ih.illbe paid out
of thepublick Treafury by an Order under the Har.dsof the Comminioners
here after named, or the major part of them.
n'i feveral Su- And be it further en ailed hy iht Authority aforefaid, that the feveral Su-
■pcYvifori to pervifors for the Building the feveral Churche?, Hcufes, and ether Works,
have power' to required by this A^, fiiall have full power to prefs Bricks or Lime, or any o-
£ricl{la)efs^
C 47 ]
is given to Lieutenant-Colonel William Khett, for the building tlie ^ronx- Cjrfc:iter'^
Wall, and other the Intrencliinents and Foiti.^cations about Charles-Town^ by Joiners^ and
one Aft of AiTcnibly, entitled, An Additmal AH to an AH, entitled, An AH to other WorH^mcrt
prevevt the Seas fiat her Encroachment upon the Wharf at Charles-Town, rfnrfrf/ii Labourers
for the Repahwg and Building more Batterys and Flankers on the fatd Wall to be taj^orl^,.
buUt on the /aid Wharf: And alfo for the Fortifying the remaining Farts of
Charks-Town by Intreuchments, Flankers, and PaUifadoes, and appointing a
Garrifm to the Southreard : And that as fully and amply to all Intents, as if -
the feveral Claufes in the faid Aft, or any of them contained, were herein
repeated , c 'argc, and particularly recited and fet down in the Body of this ^
Aft, and re-enafted herein •, the Penalties fo recovered to be paid to the
Commffioncrs hereafter named, or whom they or the major Part of them
fnall appoint, and tobedifpofedof towards the defraying the Charges of t!ie
feveral Euildings required by this Aft.
And be it further EnaHed, that the Supervifors of the feveral Churches, 77;;? feveral
Houfes and Work?, required in this Aft, fliall have Po^ver to prefs any Supervifors ta
-Slave or Slaves from any Perfon inhabiting within their refpeftive Parifh and have Fower ta
Divifion, to be employed upon the aforefaid Work and Building, zllomng prefs Slaves,
two Ryals a day for every fuch Slave to be imployed as aforefaid.
AiMbe it further. EnaHed by the Authority aforefaid, that the Comm\fPiO- The Commi^O'-
ncrs hereafter named, or thq major Part of them, (hall and hereby are ners by Order
authorized and impowcred, by an Order under their Hands, to draw out oi^ under their
the Publick Treal'ury fuch Sum or Sums of Mony, as fhall by them, or the Hands to draiv
major Part of them, beeflimated a convenient Salary to their Clerk, and to out of the Fub-
him to be continued until all the Churches and Houfes, and all other the lick Treafury a.
Buildings mentioned in tiiis Aft fiiall be finilhed ; and to make him conve- convenient Sa-
iiient Allowance for Pen, Ink, Paper, and other neceffary Expences to lury fir their
be made in and about the Execution of this Aft. ^ - _ Clerk*
And for the Encouragement of faithful and able Miniflers labouring in ^^^^ fevertl
the Work of theGolpcl, to come and refide in this Province, Be it EnaHed, rJ ". ^^-^
by the Authority aforefaid; that the feveral Reftors or Minillers of tlic fe- ,^1^*^^'^] jn-
veral Parifhes fnall be incorporate, and each of them (hall have Capacity ^^ ^^^^^
and Succeffion by the Name' of the Reftor of that Parifh of which he is the , ^'^ \urL(iian
Minifler, and (hall he hei/cby enabled to fue and be fued by that Name in all '•''^^' ^^Hccrj/zuffj
Courts or Places in this Ffrovince, and Ihall have the Care of the Souls of the
Inhabitants within theParifn committed to his Charge, and (hall" have and
enjoy to him and his Succcffors for ever the Glebe-Lands obtained and ap-
pointed purfuar.t to this Aft, and the Meffuage or Tenement for his Habita-
tion, together with all the Out-houfes and Buildings intended to be erefted
on part of the faid Gkbe-I and •, and ail fuch Negroes as (hall be given ^"'■^ aU fuch-
and allotted to theicveralPariflics by the Sxiety founded by Royal CluTtev ^^'■'d>'^ss as /Jjalf'
in the Kingdom of England, by the Name of the Society for the Propagathn ^^ gi'^n to the
of the G off el in Foreign Parts, or by any other charitably difnofed Perfons:/^'^"^'^'^/''^;///^^-^'"
And alfo (hall have and receive from the publick Receiver for tlie time being, by the Society in
who is hereby required to pay the fame, the Sum of (ifty Pounds per annum, tngland/or
current ^k;ny of thiD Province, to be paid him half yearly. And if it (halK'^'^^'"/''?^"(//o«<-
hapfcn th.at for any urgent and receifttcus Rcafons all the Mony in the Publick "/ the Gofpelin.:
Treafury fhould be" difpcfed of for ether llfes, fo as that there fhould not i'^oreign Farts,
be lefcllifFxient in the Receiver's Hand? to pay the faid feveral 'fifty Poundsac or by any other
the times before appointed, then the ComnnfTioners hereafter named, or the charitably dif-
major Part of them, iTiall order theRerciver to ]'2y the farpc as foon and zsp-fed Ferfons :■
often as any P-iblick Monic? fhall come into his Hands. Euc if the CommiHib- And to receive
r.crs or the major Part of them {"hall iMve reafon to beliuvc that Monies will out of the Pub^
not come into the Receiver's Hands infuchtime as they (luiU think the fame lick, Treafury ^
ou^ht 5»:
C48]
?oI. petann. onghttobe paid in; Be it Ena^cd, that in fuch cafe the Commimofier*
// it happen hereatter named, or the major pare of them, fliail have Power ' and th/v
that there be are_hereby impowcred to affefs and levy the faid Sum of fifty Pounds for
mf fufjident eacn and every the Reftor or Minifter ia every Parifli or Divifion in fuch
Monies hi the manner and form, as the Comminioners appointed in an .^dt to fettle a Miin
pibllck^ Trex- tenance on a Minifter of the Church of £«^/^/;./ in Charles- Ton-'t, ratified in
fury, open AfTembly the eighth Day of oaober, one Thoufand liK Hundred ninety
7 hen the Com. eight, are impowered to do, in cafe they have reaCon to believe that Moni/s
mfmers to will not come into the Receiver's Hands in fuch time as the fame oueht m
hive pov:eY to be paid m. ^^'-'b'a w
affifs and levy And be it further Enacted hy the Authority aforefaid, that the fev?r-f
the fame. ReclorsorMiniftersof the feveral ParKhes Ihallbe chofenby the major Part
The fever d of the Inhabitants of the faid Parilh, that are of the Religion of the Chur-h
Reclors or Mi- o* Emat'd, and conform to the fame, and aro^ither Freeholders within the
mj}ersdf the ""^5 f^"'^» o*" '^^t contribute to the publick Taxes and Changes thereof
fex'erd Parifl.es othich of them as lliaJl think fit to attend and repair to the refpeftive Pa
to bechofen by ^^^'^ Churches upon a Meeting appointed by the CommiiTioners hereafter
t})e Inhabitants named, or tne major Part thereof, of which publick Notice Oiall be ^iven at
that are of the ^^^'t ten Days before the time of fuch Meeting appointed a= aforefaid
rJmrch ofEng- ^^ «'^^''^'» ic may often happen that a Reftor or Minifter nuv be' fhof^n
land. purluantto this Aft, and alfo to one other Aft of Affembly, entitled 2
Mt to fettlcaMmtenanceon a MiniJJer of the Church of England in Charles-
Town, of whofe (Qualifications or Difpofitions the Inhabitants may have but
Imail Acquaintance, or may be otherwife mirtaken in the Perfon who mav aft
contrary to what wasexpeftedof him at his Eleftion^ fo that it is highly nc-
ceifary to have a Power lodged in fome Perfons for the removing all or anv
of the feveral Reftors or Miniliersof the feveral Parifhes, or to tranflate them
from one Parifh to another as to them fhall feem convenient: otherwife in
cafe any Immoral or Imprudent Clergy-man fnould happen to be appointed
Reftor or Mmifter of any Parifh, the People would be without any Remedv
againf^ him; or m cafe there fhould arifb fuch incurable Prejudices Diffen-
iions Aniraofitys, and implacable Offences lietween fuch Reftor or Miniffer
and his People that all Reverence for, and Benefit by his Miniflry is utterly
to be defpair d of, (althohe;^ not guilty of more grofs and fcandalom Crimel\
}et It may be very convenient to have him removed from being Reftor or
Minifter of that Parifh to which he did belong, and where fuch DifTenfions
and Offences are anfen, otherwife great Evils and Inconveniences may enfue
The CommilTio. ^^°?; IT ^T^ i ^?' '^^ prevention of which Evils and inconveniences, Beit
TheCommrJjio £«.//,^by,he Authority aforefaid, that the CommifT.oners hereafter named
«^^. or the major Part of them, f}:ali have Former, n.hen they thinh it co,n/eS
upontheRequeflandattheDefire of any nine of the PariOfioners that do
conform to and are of the Religion of the Church of England, and are Per
Ions of Credit and Reputation, together with the Requcil of the maior
Part of the Veflry of the Parifh, fignified under their Hands, aiS requSE
the Removal of the Reftor or Minifter of fuch Parifh, to cite fiich Minifle?
before them, and to hear the Complaints againfl fiich Reftor cr Minif-fer
alovvinghimreafonabletime to make his Defence; and upon a hearirV of
tneiame, It the faid Commiffioners or the major Part of them fliall rhink-
it convenient to remove fuch Reftor orMinifter, they arc hereby authcrS
and impowered to do the fame, whether it be the Reftcr or Miniflc of
Char es-Tmn or any other Parifh, that is already eleftcd and'apponred
or that fhal be elcfted and appointed Reftor cr Minillcr of any pirifh o?
ranfhes within the Province. And in cafe the faid Commimo;:ers or the
«na;or Part of them Ihall by writing under their feveral Hands and Seals,
dclivtrcd
C 49 3
delivered to fuch Reftor or Minifter, or left at his ufual Place of Abode, or
Tloufe appointed or to be appointed for fuch Rcdor or MiniAer for his Ha-
bitation, or by fixing the fame on the Churcli-Doors, fignify tiiat fuch Reftor
or Minilkr fhali ceale to be Reftor or Miniftcr of that Parifli, and that he
be removed from tlie fime : Then and in fuch cafe fuch Perfon fliall ceafe
to be Reftor or Minifter of the faid PariHi, and (ball ceale to have any Ufe,
Pofleffion, or Benefit, or Advantage of the Church, or of any Lands, Mef-
fuages, or Tenements, or any Negroes, or any Revenues, Sees, Profits, Per-
quifites, Privileges, Benefits, or Advantages whatfoever, belonging to the
"Reftor or Minifter of that Parifh, as fully and amply to all Intents and Pur-
pofes, as if he had never been chofen Reftor or Minifter thereof; and upon
fuch Removal of any Reftor or Minifter of any Parifh, the Pariftiioners may
proceed to a new Choice, according as it is direfted by tliis Aft, in caie of the
Death of a Minifter.
And be it further Enacfed by the Authority aforefaid, that the Right Hono- Th Names isf
rable Sir ^"athaniel Johnfon, Kt. the Honourable Thomas Broughten E(q; Col. the CommiQio'
James Moore ^ Nicholas Trott Efq^ Col. Robert Oibbes^ Job Howes Efq-, Ralph ners,
I^ardZ^(\-^ Col James Risbeey Col. George Logan^ Lieutenant-Colonel W7^/d/«
Rhett^ William Smith Efq-, Mr. John Stroude^ Mr. Thomas Hubbard, Richard
Beresford Efq^ Mr. Robert Seabrooll, Mr. Hugh Hicl>s, John Afl^by Efqj Capt.
John Godfrey, James Securieraliis Smith E&{., and Mi\ Thomas Barton, or the
major Part of them who (hall meet upon publick Summons, as is direfted by
this Aft, provided the Perfons that meet are not lefs than Eleven, be and are
hereby nominated and appointed to be the Commiflioners mentioned in this
Aft, and to exercife all the Authoritys and Powers given them as CommifTio-
rers by this Aft, in the feveral parts thereof: And in cafe oi: the Death or
Abfence of the faid Commiflioners, the remaining CommifTioners, or fo
many of them as will meet, provided they exceed the Number of Ten, being
fummoned at leaft fix Days before they meet at fome convenient Place ap-
pointed for that purpofe, fuch Cornmiflioners as (hall fo meet upon fjch
Summons, or the major Part of them, (hall and may chufe a Perfon or Per-
fons of the ProfefTion of the Church of England, to be Commidtoner or
Commiflioners in the room or place of fuch Perfon or Perfons dead or gone
off as to them fhall feem meet •, which Perfons fo chofen (hall, and are hereby
declared to be CommifTioners for this Aft, as fully and amply as if they iiad
by Name been mentioned in this Aft.
And be it further EnaSed by the Authority aforefaid, that the Commiflio- The Commjjfio*
nersfor this Aft ftiall meet to tranfaft the Bufmefs of this Aft twice in the ners to nttet
Year, that is to fay on the fecond Tuefday in January, and on the fecond twice in the
Tuefday in July, at the Church in Charles-Town, without any Notice or year ;
Warning to be given thereof, and oftner, if occafion fhall require it, upon f lib- On the fecond
lick Notice thereof, or Summons fign'd by the Governor fix Days before fuch Tuefday in Ja-
Mceting, appointing a convenient Time and Place •, or in cafe the Govcrnour nuary and in
fhall refufc to iffue out fuch Summons upon the Application of any three July.
CommifTioners to him for the fame, that then it may be lawful for the faid
three CommifTioners, or any other three of the CommifTioners of this Aft, to
iffue out their Summons, appointing the Time and Place of tlie meeting o£
the CommifTioners : and fo many of them as fhall meet by virtue of fuch
Summon?, provided there are not lefs than Eleven, and the Majority of
them Eleven confenting, may put in force and execution any of the Powers
granted to the Commiflioners by this Aft.
G And
. C ?o]
2Ja MmjieY or " Arid to prevent all unlega! 2nd unlawful Marriages not allow 'd by the Ghurch
other to man^nt England^ but forbidden by the Table of Marriage : Be it evaded bv the
contrary to the 'Authority aforefaid, that no Miniller fliall prefume to join together in Mar
Table of i^/<jr- riage any Perfons whatfoever, contrary to the Table of Marriages by this Aft
riages, appointed to be fct up in every PariOi -Church v. ithin this Province, under the
Penalty of one hundred Pounds ; nor fhall any Perfon forbidden to intermarry
by fuch Table of Marriage, prefume to be join'd in Marriage, under the PenaltV
of fifty Pounds, or twelve Months Imprifonmenr.
Na Laymen to And be It further enured by the Authority aforcfiid, that no Tiiflice or Ma-
marr). giflrate being a Laymen fiiaH prefume to join any Perfons in Marriage un-
» der the Penalty of the above mcntion'd Pcnaltj^s, to be recover'd and difpos'd of
as hereafter is in this Aft direfted.
And the better to promote the Execution of the good Laws of this Pro-
» (h. u * ^^"'^^' ^^ ^^^ ^^ concerns the refpeftive PariOies, and for the more eafy Dif.
Vejtrysf}owto patch of Pari fh-Bufinefsi Be it further enaHed by the Amhovky zforem that
be cuojen. there be Vertrys in each Parilh of this Province : and in every Pari(h where
anyReaor, or Minifter, or Incumbent is, or fhili be lawfully, according to
the Laws and Ufages of this Province, appointed, and in Poffeffion of any
Living and Refiding therein, he fhall during Continuance aforelaid, and no
, longer, be one of the Veflry of each Pari fli.
^tZXZt ^"«^j^^''^/«''^^-'^r^"'^^t^i'y;'i^ Authority aforefaid, that there HiaJI be nine
/thJ tIIm "^^'^^ Veftrymen in each Parifii, who fhall be Inhabitants in each refpeftive
L.fLf tZ ^^"^' ^^"^ ^^^''^^^ "^'^^y arechofen, and fhall conform co and be of theRelidon
ifrU: ""^ ^J?^ ^^"'■'^^ °^ England, and fliall be chofen by the Inhabitants of each
ranp. Parifh, as hereafter in this Aft isdirefted.
OnEafterTJfow- ' And be itjurtker ena^ed by the Authority aforefaid, that on Eajler Monday
day in the Tear which fhall be in the Year of our Lord one thoufand feven hundred and fix the
1705. the In- Inhabitants of each Parifh that are of the Religion of the Church of England
habitants of and that do conform to the fame, and that are either Freeholders within the
CiKh Parijh fame Parifh, or that contribute to the Publick Taxes and Charges thereof, or fo
fl}all cbufe nine many of them as fliall think fit to attend, fhall meet at their Parifh-Church or
Vejlrymen to for want of a Parilli-Church, at fuch Place as the Comnifmers abovemention'd
aintinue for one in this Aft, or the Major part of them, that fhall meet upon Publick Summons
Tear, fhall appoint and fhall there elcft nine fober and difcreet Perfons, InhalMtants
t)f the Panili, that are of the Religion of the Church, ^nd do conform to
the fame, and that are either Freeholders within the fmw: Parifh, or that do
contribute to the Publick Taxes and Charges thtrcoff tD be Veflrymen fo^ the
faid Parifh ^ which faid nine fo chofen fhall continue to be Veflrymen for the
Parifh for the fpace of one Year: and to on the faid Eafier Mondav yearly the
Inhabitants of eachParim qualified as aforefaid, fliall. chufe nine PeiVons
tjualitied alfb as aforefaid, to be Veflrymen for thatParifn for which they are
tlefted -y and in cafe of the Death, or Refignacipn, or otiier legal D^fcharge
. of any of tlienineot the Veflrymen, of any of the Parifnes' chofen afore-
faid, the remimmg Part of fuch Vefirys fliall with all convenient fpeed, funv-
monand appoint a general Meeting of all the Inhabitants of the faid Pari ill
"Who are of tlse Religion of the Church of England, wd conform to the fame'
and that are either Freeholders within the fame Parilli, and thac'do contribute
CO the Publick Ta^es and Charges thereof, who fhall by Majority of Voices
chufeoneor more fober and difcreet Perfon, or Perfons, that are alfo Inhabi-
tants of the faid Panfh, and of the Religion of the Church of Er.gUnd and
conform to the fame, and that are either Freeholders wiehin the faid Parilji and
that do contribute to the Publick Ta^cs and Qiarges tJiereof, to %pplv fuch
Vacancies* Ani
C 51 3
And be it farther enaftcd, by the Authority ^ortGid* ^t a!l inch. Pit? The Vkftry-m^
fans that (hall be fo elertedand chofen, fliall take the ufual Oaths appointed by /haUjake the
Aft of i'arHamenr, in ftead. of the Oaths of Allegiance and Supremacy, 'and 0/i^/jj <?;);o/nf-
Jikewife fubfcribe the Tell, and fhall ahb take the following Oath, vi^. ed by thsStat,
lA.B. Do folcmnly fvvear and declare, that I will juftiy and trwJyexe- iW.&M. c.8.
cute theTriift or Office of a Veftty-Man of this Parilh, according to my beft
Skill, Knowledg and Power, without Prejudice, Favour, or AfFeftion. Which
faid Oaths at the Eiertionof any Veftry-Man, asaforelaid, aretobeadmi-
nifter'd by any Juflice of the Peace,of the County where fuch Yeftry is,who are
hereby requir'd and impower'd to admmifter the fame -, and every Perfon beijag
lo ele'fted and chofen a Veftry-Man, as before by this Aft direfted, luving
taken the Oaths and fubfcribed the left as requir'd by this Aft, and not be-
fore, fliall bedeem'd and taken as one of the Veftry, to all Intents and Pur-
pofes.
And for the keeping a fair Regifter of fuch Yeflrys Proceedings, and for
•Regifteringof all feirths, Chriflnings, Marriages and Burials in each refpeftive
Parifh ^ Beit enatted by the Authority aforefaid, that each Veftry iliall, and The Vepy-ms
is-hercby obliged to provide a fit Perfon for a Regifter, who fliall at all times to provide a jit
keep a true and fiir Regiftry of the feveral Proceedings of fuch Veftry from Perfon for their
time to time, in executing chcir Trull and Authority, and make ju/t and true Regijler.
Entries thereof : which Perfons fo to be appointed for keeping fuch Re^ifiry
-fhall take the Oaths appointed by Aft of Parliament, inftead of the Oaths of
Allegiance and Supremacy, and fubfcribe the Teft, andaUban Oath for the
due and faithful Execution of this Office j which faid Oath fhall be taken
before the faid Veftry, who are hereby impower'd and requir'd to adminifler
the fame accordingly : and Iiaving fo done, and not before, the faid Regifter
fhall then be admitted in the faid Office, and fhall make true Entry of all
Veflry* Proceed ings,and of all Eirths,Chriftnings,Marriages and Burials (Negroes
Mollatoes and Indian Slaves excepted) that is to fay, the Chriftian and Sir-
Tvliame, with the Day, Month and Year of every fuch Births, Chriflnings,
Marriages and Burials-, to which purpofe all and every the Inhabitants of each
\Parini, that are either Parents, Guardians, Overfeers, Maflers, Mifbrefles, or
Executors, or Adminiflrators of any Perfons, born, chrifien'd, raarry'd, or
bury'd within this Province, except fuch before excepted, are hereby enjoin'd
and requir'd to give notice to the Regifier of fuch Parilh, within two Months
after fuch Birth, Chriflning, Marriage and Burial, and pay him one Ryal for
entring at the time of giving Notice aforefaid, under the Penalty of five
Shillings to be forfeited by fuch Inhabitant aforefaid, refufing or neglefting
as aforefaid, and under the Penalty of five Shillings to be forfeited by fuch
Regifler^refufing or neglefting to enter it, having receiv'd his Fee for the fame :
and fuch Regifier is he; eby oblig'd to Hiewany Perfon or Perfons, reafonably
defiring it, any fuch Regifier, cr give a Certificate of any Regifier of any
Births, Chriflnings, Marriages, or Burials, that (hall be rcalbnabiy requir'd
of him, and fhall have for his Fees from fuch Perfon one Ryal lor any
Search, and two Ryals for any Ccpy, or Certificate given as aforefaid, and
no-more ; hereby ratifying and confirming as valid all Regiflries of any Births,
Chr fienings, Marriages, cr Burials, heretofore made in this Province by any
Perfon lawfully authoriz'd, commifTionaccd, cr im;:owcr'd to do the
• ftme, by any Law or Cuflom in this Province, before the making "of this
Aft. • ■ -\
Azid that the Regifler.'of each Parilh ra.iy be enabled to perform the Charge
hereby required of f.im -/Belt Eri.i.^edy by the Authority aforefaid, That the
G 2 Church-
to be provided
at the Parijf}-
Charge.
Tables of Mar'
riages to be fet
Two Church^
wardens t) be
chofen yearly
by the Parip/h
oaerso
The ClerJi and
Sexton chofen
by Phe Vejiry.
C 52 3
Church-wardens of each Parifli, within twelve Months after the Ratificaft'on
of this Aft, (hall at the Parifh-Charge provide good and fubftantial Writing-
Books, well bound, futficienc for Regiftring fiich Proceedings in, according
to the Direftions of this Aft, under the Penalty of five Pounds for each
Church- warden's neglefting the fame.
And be it further Enaiied, by the Authority aforefaid, That the refpeftive
Vertries of each Pari(h, with all convenient Speed, and within twelve Months
at the moft, fhall provide a fair Table of Marriages, tranfcribed and fet up
in their refpeftive Churches, and the fame keep continually in the faid
Church, that Perfons being thereby informed what Marriages are forbidden,
may avoid the contrafting of any fuch unlawful Marriages.
And be it further Ena^ed^ by the Authority aforefaid, That on Eafler Mon-
day, in the Year One thoufand feven hundred and fix, the Inhabitants of
each Parifh, that are qualified by this Aft to chufe Veftry-men, (hall meet at
their Parifli-Church, or for want of a Pari l"h- Church, at fuch Place as theCom-
miflioners above-named in this Aft, or the majof part of them that fhall meet
upon publick Summons (half appoint, and Ihall there make choice of, and ap-
point, two fober and difcreet Perfons, Inhabitants of the Parifh, that are
of the Religion of the Church of England^ and do conform to the fame, and
that are either Free-holders within the fame Parifh, or that do contribute
to the Publick Taxes and Charges thereof, to be Churchwardens for
that Year-, which Churcli-wardens fo chofen, fhall take the ufual Oaths ap-
pointed by Aft of Parliament, iudeadof the Oaths of Allegiance and Supre-
macy; and likewife fubfcribe the Teftj and likewile declare on his Oath to
be adminiftred unto him by the Veftry, to vvhom Power is hereby giv^n
to adminifter the fame accordingly, well and faithfully to exeeute the Of-
fice for the enfuing Year, according to the Laws and Llfages of the faid Pro-
vince, to the bed of his skill and power, and until he fhall be thereof duly
difcharged.
And any fuch Perfoa or Perfons fo chofen Church- warden or Wardens, and
that (haJl wilfully refufe to ferve in the faid Office, and take the Oaths a-
forefaid, ftiall forfeit the Sum of Ten Pounds, to be recovered as hereafter by
thisAft isdirefted.
And be it further Ena^cdy by the Authority aforefaid, That the Clerk of
each Parifh-Church, and the Sexton, fliall be chofen by the major part of the
Vefiry of each Parifh ■, which faid Clerk and Sexton fhall continue in their
faid Offices during their Lives, if they (ha\l fo long inhabit in the Parifti, ex-
cepting the Veflry for the time being (hall think fitting to remove either of
them, which they are hereby impowred to do 5 and upon fucli removal the
faid Veftry, or the major part of. them, may appoint another in the room of
the Perfon fo removed.
Be it further Enabled, by the Authority aforefaid, That the Church- war-
dens of each Parirti for the time being, (hall, and are hereby required, from
time to time, to pay yearly, at the Charge of the Parifh, any Sum, not ex-
ceeding Ten Pounds, current Monies of this Province, to the Clerk of each
Parilh, to be appointed as aforefaid, and any Sum not exceeding five Pounds,
like current Monies, to the Sexton of each Parifli.
And that there may be no negleft in the feveral Veflries, or thofe imployed
under them, in the lawful and confcionable performance of tlicir feverai
Charges ^ and alfo for the preventing of Delays, and other Inconveniences
which might happen, if tlaere were a neceffity for the expefting the atten-
dance and prefence of all the faid Veflry-men, and.at the fame, time to pre-
vent
rent the doing any thing of Confequence by furprize, by a fmall number of
them j
Be it hereby En^tled^ by the Authority aforefaid, That the firfl Tuefday m Ja- A VeJIry to Bs
maty^ in April, in /w/y, and in Oihkr^ Ihall be, and is hereby fixt and afcer- holden on the
tained for the holding of a Veftry at Eleven of the Clock in the Forenoon, mfirjl Tuefday in
the ufual place for that purpofe, without any notice, or warning, to be given January, A-
thereof •, at which time and place the major part of the Veftry-men then pre- pril, July a»4
fent ( fo as fuch Majority be not under the Number of Five Perfons) fhall be Oftober.
efleemed as a Veftry, and fhall have full Power to direft and aft, in all things
by this Aft, appointed to be done according to this Aft, as a Veflry : and the
fajd feverai Veftries are not only obliged to meet once in every the laid
Months, as before by this Aft is direfted, but alfo as often as need fhall re-
quire, upon publick Notice given, cither by the Reftor or Minifler of each
Parifh, or by any Three of the Veflry-men of the Parifh, to confult of
the Methods and Ways of performing the feverai Authorities repofed in
them-, and from which Veflry fo appointed, no Veflry-man being perfonally
fummoned, fhall, without a reafonable and lawful Excufe, abftnc himfcU"
under the Penalty of fuch Fine or Mulft, as the refidue of the laid Veflry
meeting fliall lay upon him, fo as the fame never exceed Ten Shilhngs, And
that in cafe any VeAry-man fhall remove, or withdraw himfelf from the
Parifh, or voluntarily frequently negleft to give his Attendance, and ab«
fent himfelf from the Veftry, orotherwife become unfit or incapable to con-
tinue to execute fuch Office or Trufl, that in any fuch cafe the Refidue of the
faid Veflry, or the Majority of them (fo as fuch Majority be not under Five
PerfoDs) fhall and may have Power (afcer Perfonal Notice given to fuch Party,
if it conveniently may be, or the affixing of a Publick Notice upon the great
Door of the Church, for three feverai Sundays lucceiTively, if perfonal No-
tice cannot be given without great Difficulty, Charge or Delay of their In-
tentions to proceed in fuch manner) to remove fuch Perfon from being a
Veflry-man, and to declare his Office void, and to fummon a Meeting of the "
Parifhioners qualified, as is above-dircfted, for the elefting of another in the
place of fuch Perfon ; who fhall, after allowing a reafonable time to fuch Per-
fon to make his Complaint, if he apprehends himfelf injur'd, not exceeding a
Fortnight, proceed to a new Eleftion accordingly.
And be it further EnaSed, by the Authority aforefaid, that the Church- P^trochial
wardens and Veflry of each Varidi, be authorized and required to take con- (Charges.
fcant care to fatisfy and pay the Parochial Charges, and all neceffary Repairs
and Amendments of their reffcftive Churches, Chappels, or Church-yards,
and caufe the fame at all tim.es to be repaired and amended, as need Ihall re>
qjire, out of fiich Gifts, Goods, or Chattels, as fhall come to their hands tor
the Church or Parifhes ufe v and alfo out of ftich Fines, Forfeitures, and
Mulfti by tliis Law incurred, and afterwards by the fame given to thcChurch-
v.ardens, to be applied to the faid Ufes : and in cafe they Ihall not have faf-
ficient Effcfts to pay Parochial Charges, as aforefaid, or to make fuch necejp
lary Repairs as are required, then, and not otiierwife, it fhall be lawful for
the refpeftive Veflry of eachParilh, to order Three fobcr and difcreet Per-
Ibns, to aflefs fuch Sum as Ihall be neceffary to repay tlic Pariih-Chargesa-
forefaid (provided the fame exceed not one hundred Pounds) by an equal
AflefTment of the Eflate, Real and Perfonal, of all and every the Inhabitants,
Owners and Occupiers of Lands, Tenements, and Hereditaments, or any
Perfonal Eflate within the feverai Parifhes ^ which AfTeifmait being returned
to the faid Veftry upou Oath, who are hereby impowrcd to adminifler an
Oaiii.
C ^4 ]
1 OatK accordingly, aad being by them approved in open Veftry, \t (hall then
be lawful for any Juflice of the Peace of the County, by a Warrant under
^A c^'o' -his Hand and Seal, directed to any of the Cohftables of the feveral Parifties,
•*• •<'. to levy the Sum afTeffed upon eachPerfon by Diftrefsand Sale of fuch Per-
fons Goods as fhall refufe the fame, returning the Overplus after reafonable.
Charges dedufted •, and for want of fuch fufficienc Diftrefs, to commit the
Perfon to Prifon till payment be made.
Every Par'ijhi- And that there mjy not beany OpprefTion or Mifapplicationof the pub-
oner may fee .jick Revenue of fuch Veflries, or juflCmfe to complain againft them in any
the Veftry- oF their Proceedings without RedrefSj Be it enabled by the Authority afore-
Books and'Ac' .laid, that al! and every l^arilhioner or Parilhioners whatfoever, who contri-
coimPs. -bucC' to the publick Ta>:es and Charges of the faid Parifh, Ihall and may re-
iquire the Regifter herein before -mentioned, at any reafonable and convenient
Timeor Times, to give them an Infpcdion of the Veftry-Books and Ac-
counts of all and every their Orders and Proceedings, and fhall and may take
Copies thereof (paving a reafonable Fee for the lame according to the
Jeiigth thereof, and the trouble of Attendance) and that all and every Per-
■<fon atid Perfons whatever, who Hull find or apprehend him, her, or them"
lielves grieved or hijuured, or that the Body of -the laid Parilh is injured or
-opprefted by any A^s, Orders, Rules, Accounts, or other Proceedings of any
fuch Veftry, the Parties fo injured, or any others in their Behalf, or in the
Right ol the whole Body, may from time to time appeal for Rcdrels againft
all and every fuch Orders, Accounts, and other Proceedings, to the Com-
Tniffioners above-named -, which Commiflioners, or the major part of
them that Ihall meet as aforefaid upon publick Summons, are hereby re-
•quired and impowercd to examine, hear and determine all and every fuch
Appeals and Complaints for Redref?, and to give Redrefs, as they in their
■Judgments fhall think agreeable to Juflice and Equity, and fuch their Order,
Judgment and Decree Ihal] be final and bind a'l Parties.
The Fines and And be it further enabled hy the Authority aforefaid, that all the Fines and
Forfeitures in Forfeitures mentioned in this Ad, and not particularly tiifpofed of, and the
this AH how manner of the Recovery direfted, if the fame do not exceed the Sum of
to be recovered PoTty Shillings, it fhall be recovered, profecuted, adjudged, levied and di-
unddifpofed, flrainedby any one Juftice-of the Peace in this Province, as in the Aft for
tlie Trial of fnulland meanCaufesis direfted j and the fame being fo reco-
vered, fliall be paid to the Church-Wardens of that Parifh where the Perfon
inhabits againfl whom the Forfeiture is recovered, to be difpofed of to-
wards the defraying the pviblick Cliarges of the laid Parilh : and all the
Fines and Forfeitures, mentioned in this Aft, exceeding the Sum of Forty
Shillings, and nor particularly difpofed of, and the manner of the Recovery
of the fame, not direfted by this Aft, all fuch Fines and Forfeitures flulJ
be paid into the Hands of the Church- Wardens of the Parifl\ where the Per-
fon inhabits, againfl whom the Forfeiture is recovered, to be difpofed to-
wards the publick Charges of the faid Parifii, and the oclier half to him or
them that will fue for the fame by Aftion of Debt, Suit, BJil, Plaint, or In •
formation, in any Court of Record in tliis Province, wherein no Elfoign,
Proteftion, Privilege, Injunftion, or Wages of Law, or Stay of Prole-
cution, by non vult ulteriM />''Vi-'2"', or otherwife, -fhall be atiiliitted or al-
Perfoits injuredlovitd. ^
may plead the And be it further ena^ed by the Authority aforefaid,. that if any Aftion,
general Ijfue, Plaint, Suit or Information fhall be commenced -or profecuted againfl any
and recover Perfon or Perfons, for what he or they fliall do in purfuanceor execution of
Treble Cojis^. t-^-is
., - . , [55 1
this AO:, fuch Perlbn or Perfons fo fued, may plead the general IlTue of Not
Guilty, arid upon any IfTue joined, give this Aft and the Special Matter in
Evidence j and if tiie Plaintiffs or Profecntors fhali become Nonfuit, or fuffer
Djfconcinirapce, or/if, 'aTerdift;p3fs againfthim, the Defendants fliaJl reco-
ver their Treble Cofls, for whidi they fiiall liave the like remedy, as in any
Cafe where Cofts by Law are given to the Defendants.
Whereas the Honourable Sir A'^jf/j-w/V/y^^o^ Knight, hath upon all Oc- Notwithflctni'
cafions flio'.vn his great Zeal and Affeftion to the Church of England^ as ic ing the Forcers
is eftabhihed by Law, as a Mark of our Graticade and Refpefts to him. Be given b^ thk
it further en.t^kd by the Authority aforefaid, that notwithftanding the Pow- Ail to the mcw
ers in this Aft given to the CommifTioners, or the major part of them, to jorpari of the
turn CHt any Minifter as aforefaid expreffcd, that in cafe the faid Commif- Commiffimers
fipners, or the major part of them, that (hall meet upon publick Summons, to turn out any
as above direfted, fliall, in purfuance of fuch Power, turn out or remove M'lnifier,
fuch Miniftcr j that in cafe the fiid Sir Nathaniel Johufon, fhall at any time,
within fix Days after notice of Yuch Order of the faid Commiflioners, or the
major pare thereof, fignify iiis DilTent by a Writing or Inflrument under his
Hand and Seal, that then fuch Order of the faid Comnufltonfers for that time
to be of no Force or EiFeft, and that this Power and Tru'ft repofed In the faid
Sir Nathaniel Johrijon, jfhali continue during his being Governor of this Pro-
vince, and no longer. "• '
Read three times and
ratified in open
AfTembly, Nov,^.-
2704.
N. Johnforj^.
Tho. BroughtO}7^.
Jam. Afoorey ■ -
NichoUs Trotty
Robert GlhheSy
Henry Noblel
\-k',ii>m iti'kiii Mwn it\alU**-
THIS is to certify whom it may con-
cern, Tiiat Novemh. the 6th and -jtb
1704. vve, whcfe Names are hereunto fub-
fcribed, riiidpecufe/'an^ carefully examine
a Sermon upon the fifth Commandment,
preached at C/?.tr/ej- Town -Church in Caro-
Una, by the Feverend Edward Afarjhn,
A.M. Miniflcr of the Church of £;;^/W
in Charles-Tenn, Oilober the 15//) 1704.
■before- the .Honourable Nicholai TrottECq;
Chief Juflice, Colonel Logan^ Major Fa-
rif, James Securicr alias Smithy Captain
Cuppel^ AfTcmbly Men, and many others,
as well of the Communion of the Church
of EngUiJ, at aifo fome lea Ae^ arid ju-
-dicious Dilieiuers ; we ,Mr^ «5'c>;'f«^?r and
•Mr. Stcbo, Miniflers^^.of tl?G poipel, do
atteft under bi^c ilands, , tljajf" th?,re is
none of thio AfTcrtion in theaforefaid'Sef-
nion, with which the Lower Houfe of
Anembly have charged him to ufe in the
laid Scrnicn, r/;?^. That he was no ways
obliged to the Government for the plen-
tiful Revenue they had allowed him, and :
that he did not think himfelf obliged to
give an Account of his Aftionsto the Go-
vernment
The.
C 56 3
The AfTembly have alfo charged him pertumng unti God.
to fay, " That a Mjincenance was due to
" him and other Minifters of Congrega-
" tions by Divine Right : We do actcfl
under our, Hands^ that 'tis Orthodox
Doftrine, and that he hath well proved it
from Holy Scripture.
The AfTembly have farther charg'd him
to afTert in the aforefaid Sermon-, " That
. ** tfio the Government gave him a Main-
•" tenance, yet he was their Superior,
, *' his Authoifity being from Chrift •, or
Words to that efFeft : We do acteTl that
thefe are the Words in the Sermon, we
fuppofe to be aim'd at, in the Affembly's
Charge againft Mr. Edward Marfton^ viz.
We (Minifters of the Gofpel) do not ar-
rogate too much to our [elves ^ nor take too
much upn w, when voe affirm^ That we are
ftiperbr to the People^ and have an Autho-
rity over them in Things Spiritual^ and ap'
Wc do atreft that
thefe fore-recited Words are in the Expf-
fuion of the fifth Commandment^ written
by the Right Reverend Father in God,
Ezekld ^'l^pki"s^ late Lord Bifhop of
Londonderry (vvhofe Works were licens'd
by Dr. Lancajler, in the Year 16^2. at
that time the Billiop of London's Chaplain,
now or lately Minifter of St. Martins, Lon-
don) They are in the 3i3Ch Page of his
Works.
We do farther arteft, that he doth not
in the aforefaid Sermon compare the Af-
fembly to Corah and his rebellious Com-
paniooj, as the AfTembly have charg'd him
to do.
William Screuen Minifter of a Con-
gregation in Charles- Town.
Archibald Stobo Minifter of 3 Con-
gregation in Charks-Town,
Charles-Tomt, November the ()th^ 1704.
I Edward Marjion^ Minifter of the
Church of England belonging to
Charles-Town^ do make Oath, that my
•Sermon upon the fifth Commandment,
which was perus'd and carefully examin'd
by Mr. William Screuen and Mr. Archibald
Stobo on November the fixth and feventh,
1704. was the very fame Sermon verbatim
I preach'd at Charles-Town-Chmch^ O^ob.
the i$th, 1704. upon which the Lower
Houfe of AfTembly have grounded the
moft material Part of their Charge againfl
mc, and which I'm mofl concern'd to
dear my felf from afferting chofe things
in it, which they have accus'd mc to do,
Sworn before me,
Henry Noble>
Memorandum. That the aforefaid Oath
was adminifter'd to the Reverend
Mr. Edward Marjion, A. M. Minifter
of the Church of England in Charles-
Town, in the Prefence of us whofc
Names are hereunto fubfcrib'd.
Richard CocJif P.Fearu,
(Numb. 12.)
( Uumh. 1 z. J
C S7 ]
r^s^
I VHtl|-|
Reverend Sir^
Charles Town Lihrary in South
Carolina, May 5. 170^.
I Am glad to fee you In the Lift amongfi:
other Learned and Worthy Divines,
■"and other Peribns of the Society for the
•Propagation of the Gofpel in Foreign
•Parts ; confiJering the Acquaintance I
•had with you at the Free-School in Lei-
<efter, and afterwards at Cambridge whilft
we were Contemporaries together there.
I'm the more emboJden'd and encoura-
:ged humbly to requeft of you, that you' Jl
■afford me your beft Afiiftance in that
Honourable and Reverend Society, in
the unjuft and illegal Oppreffion I do at
the prefent undergo, in this remote Cor-
•ner of the World. The true ftate of my
Cafe being fummarily comprized in my
•enclofcd Petition to the Board of our
Lords Proprietors, I fent the fame Peti-
tion in Nofef/ikr laft to his Excellency
John Lord Cran'ville our Palati?ie, and the
reft of the Lords Proprietors of this Pro-
vince. My Objeftions againft a late A£t
paded here, were not in that ; fo I deiire
-'the Favour of you to perufe this, to the
■end j'ou may make the beft Advantage
of it for me you can, at your Honoura-
ble and Reverend Society. I have writ
to one Mr. George Fraiiklhi, an Apothe-
caiy in Long-Litne, over-againft the Cbar-
ter-Hoiifi Street, to wait upon you for it,
T-hat he niay prefent it to our Lords
Proprietors, for fear this War time my
former may have mifcarried : He was
an Eat07i Scholar, v.'hofe Father was a
Doftor- of Phyiick at Whidfor, and of
Coll. C:X7nb. He lived liere. 17 V'ears, and
was my Cliurchwarden two Years : He
will liitisfy your Curioilty in any Que-
ftions about me, or this Countrey. I
wrote in Novcviber 'laft to my Lord of
Lo7idov, Mr. Harper :it St. [iames's Palace, .
and to feme otiier Friends of mijie iji
/.w?^wV about this Bufmefs, but have as
\ et received no Anfwer to my Letters.
1 intreat you to be a Friend to mc iuid
and my Churdi hi your Honourable So-
ciety. I'm known to the Tv.'o Archbi-
Ihops, Sir George JVhedcr, Dr. Be'vcr/dgc,
Dr. Bray, and to fome others of tiie
Worthy Members of the Society, who
I hope will be an jfylion to me in my
opprefs'd Innocence. His Grace of C<t?i-
tcrbury was pleafed at my leaving Etig-
land { which was above j Years ilnce )
to promile me upon my Application to
Jiim, to alTift me and my Church here, to
the beft of his Power: I beg the Favour
of you to give jny Jiumblc Duty to his
Grace, and to be a Remembrancer of
me to him, as you have an Opportuni-
ty, I was perlbnally recommended to
his Favour, by Dr. Cojnbcr^ the late Dean
of Durbam ( of Sacred Memory ) who
knew me very well at Ne-^cafile and
Durham. 1 took the Onth ^t Momnouth
in TorkJl)ire to King William ; and after
that, his Grace of Tork was pleafed to
vouchfafe me many Favours , whilft I
fupply'd that Church ,. and lived in his
Diocefe ; which was about Two Years.
I craved his.BIefiing and Prayers in L07.'
jdon., at my Leaving EngLvnu ; he was
pleafed to be.veiy kind to n\e , and I
luppofc hath not. yet forgot vcic. The
Enclofcd will funsfy all ihe Friends
1 can make in your Worthy Society,
that I Jo ftand in need of their Patro-
nage aPid beft AlTift'aace. ,
1 being Married flnce-my Arrival Ii'.'ir,
and having Three I'mall Qiildrcn, 1 can-
-nor as yet lee Evgh^ud.; tho" iht prefem
Circumll;inces at" this once 1 loLiiiJinii^
Colony, doih make me wilh my i'cl;
there.
Our Lifi J(j\vibly {being cempof-.d of w^-
?iy ^Lii of njcry Itofe a?id cotrup Morals)
did make fo7nc very odd /nid iivi'iftif.ahlf
Laws, -ivhich- have oiLafibned great Feuds
and Jniinofities here : And 1 a little favour-
■ ing the Diffcnters, vpho gemntlly are the Si-
ll ber4,
[ J8 I
ieivjt, moji Niimenuf, tmd'RfcheJi People of
this Province ; [owe Men. th^i are notv in
Power, have for that Rcafon been ^leafed to^
be my Eiumies.. Tho' I bleis God, 1 have
fome very good Friends here, and I do
flill Preach in my Church Twice- every
Lord's-Day, &c. tho' our prefeat Pow-
ers have dealt as bad with me, as Pba-
rath dealt with the Jfrael/tes, that took
away their Straw,, yet xequired their full
Tale of Bri<:ks : So the prefent Po3vcrs
here have unjuftly robb'd me of my
Legal iiights ;. and yet not only requiie
«5ie full Tale of Sermons and Service
from me, but do multiply my Sermons
and Service , by appointing many Fail.-
Days at this time that we are threatned
with an Invafion from the publick Ene-
mies of tJie Crown of England. -The
Ship that brings you tlicfe Papers, doth
earry to England a young Clergyman,
caird Mr. Thomas- ; he was fent hitiier by
my Lord Bifhop of Londan, and the So-
ciety for Propagating the Gofpel in Fo-
reign Parts, to labour in th« Converfion
of a Nation of our Indians , call'd the
Trmofes, who revolted from the Spaniards
to us. He was recommeJided to me by
his Reverence Dr. Bray, for that Work :
The Indians being Roman-C&tholick Chri-
ftians, delired a Prieft amongft them,
and he came upon the Letters of Cap-
rain Nairne and. Mr, Stephens- to the Bi-
fhop of Lotidsn^ for a Minifter for tliem.
Upon his Arrival here he did not obey
ihfis Aliflion and Orders at home , but
difplac'd. one, Mr. Kendall, tho invited
jjito this Colony by feveral Letters
iVom his Church at Bermudas, call'd
5it. Gi:orge"^t where he. had been feveral
Years lettlsd : Poor- Mr. Kendall went
diiiracc'jd upon his ill ufagehere by fome
Great- Ones on this Young Man's ac-
coi.mr> and he and his Wit-e forc'd out
of the Province,, and I hear, that he's
iince dead. A young Deacon, one Mr.
Wonricl, ( whofe Father was a Confrater
of St; Gatber/ne''s ) I found here , they,
us'd hinifo ill^ that he alfo dy'd diftraiit-
fed. Mr. Coz-^/m , an Acquaintapce and
Neighbour of mine in i^^cj-thamptwijhirc, .
■"ihtn I was Curate to- Dr. Crave l-'^rd, and
Mit. Cinm; of KHJhtorh., came here by
chance, and T got him fettled In a Con«
gregation at Go^crf^-i, ..where in half a
Year they caufeledy quarrel'd wit h him^
( tho he de fired none of their Money )?
and forced him out of the Colony ; who
is fince dead at Bdfionla Nero-England.
Thus hath this Colony made Three E-
pifcopally-ordained Miniflers , within
Jels than Five Years, the Emblems of all
Jvlifery, and by falfe Calumnies and
Slanders,, and malicious and falfe Accu-
fations, made them moft bale in the eyes
of all good Chriftians. Their Charge
againfime, and Cenfure and Ordinance
thereupon, to ftop my Legal Salary, are
now I hope in London, and Mr. Franklin-
will bring them to you, or others of-the
Society; with a Sennon of rhine on the-
Fifrh Commandment, from which the.
moft material part of the Charge is ta-
ken, when you pleafe.
Now this Young Man is gone pff,
here's no ChurGh>of-£K^//?wf^ Minifter,
but my felf and Mr. Williams, who is a-
Mafter of Arts of OyfordnnA Dublin ; he-
harh been here 20 Years, and formerly I
am afraid not very Regular and Sober;,
tho I hope he much reformed : He hath
been arraigned at Bar here, and a Prifo-
ner near a Year, for a PaiTage only in a
Fimeral Sermon, that relieved upon a
Deputy. So that whatfoever Stories this
young Man Mr. Thomas may tell your
Society, about a lare Ad of Allerably
here, to invite over Miniflers here, un-
lefsthe Queen be pleafed to fend us o»
vera Governor that wdil proteft us ac-
cording to Law, there's no trufting to-
any Atts of this Place. The Lords have
had a Quaker for their Governor j and.
their Deputies here, who call themfelves
our Ordinaries , are many of them no
Frieiids either to Clergyrne:], or Learn-
ing ; as I found the laft Whitfentide y^
when a Bully lafli'd me caulleliy with
his Whip, and tore my Gown from my
Back ; and upon my Complaint to the
Lords Deputies of the .Indignities put
upon me, our Chief Juflice, and moft
of them (except the Governor), took
bis Part. The Giavernor hath but a
Vote in the Coimcil of Deputies, and
fo they do as they pleafe. This Bully-
ing
U.9)
tng "Soldiers Creatures in tlie AfTemBly, ind-Newcajlte^ ^vhere I lived much wh[?l!
r _.. _.._i-. _ aNon-Jproij Hewasmuch myFriend
have been the occafion of my prel'ent
Sufferings and Troubles, ' :^ , -. -.
God forbid thajt I Ihould reprefent the
ftate of thing? her« fo to you and to your
Society, as to difcourage your Zeals in
the Propagation of the Golpel here, and
xnore paiticularly of that Exceller)t
Church, of which I am an unworthy
Member : But having by my Five .Years
Relidence found Ibme people In Power
here fo whimfical and humourfome, and
thofe too whom I have done the beft of
my Endeavours to oblige, by the Drudge-
ry of Boarding and Teaching their Chil-
dren the Latin Tongue, that out of my
Jlefpeft to my Brethren of the Clergy
of Univerfity Education ( which this
young Man Mr. Thomas never had j, I
would have tliem very cautious of ven-
-turlng hither, till they have fome AlTu-
ranceof being better protefted in their
Legal Rights, than I and feveral others
have experimentally found.
I do very much approve of the great-
eft part of the A£t which eftablifhes Re-
ligious Worlhip in this Province. Thole
parts of which I objeft againil for juft
Reafons, are contained in the inclofed
Petition to his Excellency the Palau'ne,
and the refl: of the Lords Proprietors,
which as you have opportunity, I in-
treat you to Ihew the Bifliop of Londm,
his Reverence Dr. Bray, and to others of
your Worthy Society. I have fent
Dr. Bray fome Letters, which are not
anfwer'd, and fo do not know where
he is.
\ The Reverend Dr. Benjeridge perufed
.'fliy Teflimonials from Stamford, Whitby,
■ ip. the Confillory at St. />,t«/'s, at my
ItzvingEnghnd; and I would have trou-
bled-Iwm' with -a few Lines, if I had not
heard that he is defervcdly promoted to
the Bilhoprick of Bath and Wdh. If
the BiilvDp of London and the Society da
fend us any more Minifters, I defire chey
may be Regular and Sober Men, anii
fuch as will a little couragtouily aileit
the Dignity of their Funftiorf, the Rights
and Privileges of Churchmen, and their
Canons and Laws : If they be Men of
Mean and Sneaking Spirits, they will be
abufed and defpifed here. I tiiink the.
beft Service your Honourable Society-
can do this young Man Mr. Thomas, \s
to maintain him a few Years at one of
our Univerfities, w^here he may better
learn the Principles and Government of
the Church of England eftablillied by
Law, and fome other ufeful Learning j,
which I am afraid he wants,
I beg the Favour of you to afllfl: me
and my Church here all you can in your
Honourable Society, and in London, by
endeavoming by a Paper under your
Hand, and fome other Members of yout
Society, to the Board of the Lords Pro-
prietors, to prevent, if pofTible, the A£ib
about Eftablifliment of Religious Wor»
Ihip, being Ratified by them, with that
Claufe in it, where Twenty Commif-
fioners for Church-Government are con-
ftituted. 1 hope you'll pardon this Free-
dom and Trouble trom a ffuejidam
SeJioolfellow and Acquaintance in Exile.
I do remain.
Reverend Sir,
Tour moft Humlle Servant,
Edward Mardoffc
1 Ihould take it kindly, if your Society, and my Lord of London, would Ccni.
-lis fome Indigfcnt quondam Non-Juror. 1 have a great Acquaintance in England
With many of ihofe Men, as Mr. kolert Jenkins, Dr. l^'agfaf, MwBillers, and fe-
veral others } but Iliope moft of them are now provided tor at home in the ChuicK
again.
H
T«
{ tJumk 13.)
< <fo )
To His Excel fency, John Lord Granvilley. Palatine , and the
: reft of the True and Abfolute Lpr^s. Proprietors of Carot^
Una-.
The Humhle Petition of the Reverend Mr. Edward Mar-
fton, Minifter of the C^w/c/^- <?/ England ii»Cbarle&^
Town, i« South- Carolina, ^ ; *' .-^ ; ';
l^mblp iTjeUiCtl;, '^ - . .. . ,, . i-. ;
HP HAT whereas Your Honours reftrng of a Vettiy^ in the Church "oF
■*'• Humble Petitioner was legally C/'^7'/(?j--To)i'«, for the Isetter managing of
put into poffeflion of the Church of the Church Affairs, and of Moneys gi-
Chaylcs-TiwniiiSouih-C^-iroli^d^znaixhtvft' ven Towards the erefting of a FrecT
by Ja wfuJIy intitled to a • Salary for ex-
crcifing the Ouices ofthe Minifterial
Funftioji in the afcrefaid C^^urch, ac-
cording to the Rites and Ceremonies of
the Church of Er.gland, being lawfully
autiiorized fo to do by the Right Ho-
nourable and Right Reverend lather in
God, U^nry Lord Bifhap^bf Londm^\\A\o
Was pleafed to recominand him to his
ExcelTency the Eaxl of B.nh, at that timp
Palatine, and to the other .Lords Propri-
etors, for their Letter to their Deputies
fcere ; as aifo to recommend him by
£wo feveral Letters, to the Riglit Ho «
nourable Coionpl£./^^^,.^t'that time Go-
vernor here ; ' upon, \vhicli Recbm.
meiadations he was 3sily eleded Mini-
^^v fif.th.vIes-To-a!n !Cliur-ch , accord-
ing'to an A6t of AfTembly, ratified
"irid confirmed by his Excellency the Pa-
Litine, and the refl of the Lbrds Proprie-
tors; and hath fince his being fettled in
Schoor, and other Chairitable -XIles> as
alfo fome.Things towards the better ob-
ferv.-ttrOn. of the Lord's Day, and the Sup-
preitihg of "\^ice and Wickednefs here,
were recommended to their Confider.ati-
on.
The Lower Houie in a Paper under
the Hand of Job How, E^q; their Spea-
ker, -were pleafed falfly to abufe Your
Petitioner,, by. fixing feveral' Scurrilous
Epithets tipon hrm, which he hopes he
hath not deferved in this Country ; as
he can make appear by the Hands of
moft Sober- Churchmen, and Aiembers
of DiiTenters of fe\'^eral Denominations,
if Your Honours require it. His Ruin
Was at that time threatned by fomp
Metfihers of I^odfe- and Corrupt Morals^ but
was not accomplilh'd. At-the- Sefllbns
of Aflembly, Oclober lafV, the Lower
Houfe fent for him to lay two of his
Sermons before them, formerly preachnd
*iie aforefaid Church, been diligent in by him in his Church, before the Right
iiis Studies, and in teaching of Scholars ''HoxiDurable Governor; he did at firft
the Lc.trti Tongue for .ipm* Years ,.. as-
sifo in tl\Q due performance of his Mihl-
^eri^l Furiftion.; and.' hath alfo lived a
Sober and Regular Life, according to
the Canons of the Church of England :
^everthelefs the Laf^ Lower Houfe
pf AlTembly were pleafed to begin a
Caufelefs Quarref with him in y^p>'/! lad;
about part of a Speech pemi'd by. Your
Petitioner, at the Requeft: of the Right
jti^iiourabk Gcyernor^ \viiereiji the <.^
fcruple it, as not knowing them to have
• any Ecclefiaflical Jurifdi6tion over him t
He went direftly from their Houfe to
the Right Honourable Governor , and
laid them before him, as Ordinary of the
Province!, who was pleafed at that time
to be Cholerick with him, becaule the
Night before he had made L^rw^/^r/w-"
Smith a Vifit, at the Houfe of the Msf-
f<fnger.
The
( dl )
The Lower Houfe of A/Tembly gave
Mr. Marjio7i very much Trouble in at-
tending their Houle about thisAifair,
and drew up a Charge againilhini, ftuft
ful of Falfities ; to which he reply'd by
ftveral- Paf efs ^ in all which he deny'd
moft of the Things he was charged with,
and offerd to prove them fdl'e, iji cafe
they would allow him a Hearing ; which
they nor the Upper Houfe never al-
io vfr'dhirn, bift concurred in a Cenfure,
with an Ordinance thereupon,to deprive
him of his Salary, without everacquaint-
ing him with it till after it was hgaed,
contrary to all Equity and Julticc ;
They ftopt ^o. /. that was due to him by
an Ad of Alfembly, Aug. ip. ajid my
Pay from that time to Ocioher the a 2d,
tjie Day of the Date of their Ordinance.
J3y theu" Arbip'ary Proceedings, Your Pe-
titioner, his Wife, and three Small Chil-
dren, and three more in Family, are de-
prived of their Legal Subfiflance in this
Extravagantly Dear Place, of all Necef-
faries for the Support of Life,
Your Petitioner doth humbly fuppli-
<jate Your Honours, That you will be
gracioully pleas'd to hear his Caule
pleaded at Your Honourable Board by
his Lawyers , before You coiicur with
our Allembly in the Overthrow of him.
and his Family in tiiis Remote Coun-
^^Y- ......
Your Petitioner was forced into Exile,
for not taking the Oaths to the late King
WiUiam and Queen Mary, and was depri-
ved, of a Good Living in England upon
that Account ; he having been a great
Sufferer for the Crown , is the more
emboldened to beg of Your Honours
what he's deny'd here, iiiz. the Benefit
of the Charter granted by King Qjoarles
the ild. to his Excellency the Paktine,
ind die reft o^ tlie True and Abfolute
Lords Proprietors of this Province, u^*
der the Broad Seal of England.
That Patent doth give no power to
the Lower Houfe of Alfeinbly to irtake
Ordinances, but only to the Lords Pro-
prietors by themfelveSjOr their Dcf^u ties,
and only at fuch times as the AfTemby
of the Freemen cannot be fo fuddenly
calJfd as there may be occafion to re-
quire the fame j and fuch Ordinances
are cormnanded by the aforefaid Patent
to be reafonable, and not repugnant nor
contrary, but as near as may be agreea-
ble to the Laws and Statutes of the
Kingdom of E?igland; and fo us the fame
Ordinances do not extend to the bind-
ing , ch.irging , or taking away of
the Right or Intereft of any Per-
fon or Perfons in their Fi-eeholds ,
Goods , or Chattels whatfoever. Your
Petitioner doth beg of your Ho-
nours, that you'll be pleafed to give his
Caufe a Hearing before you. His Ser-
mon on the Fifth Commandment,^ frort*
which the Lower Houfe of Aflembly
here, have taken upon Truft and Hear-
fay only, the moft material part of their
Charge againft him, with the ether Pa-
pers well-attefted for true Copies, that
hav^e palled between the Lower Houfe
of Allembly and him, fmce they were
pleafed firft to begin a Quarrel with
Iiim,- are now in London, and will be
laid before your Board, whenever you-
pleafe to appoint a time. Your Petirio-
ner doth beg Pardon of you for the
Trouble of this long Petition; but Ne-
cefllty that hath no Law, hath compelled
him to it.
' Hedoth,.as in Duty bcund, daily Prayfti*
your Honours Healths and Proj^eriti';? j
and .doth remain,
Right Honourable Sirs,
Tour Moji Hamhle^ amti
Mojl Obedient Servant.
Edwar J Marfton;
My
[ 6zl
My Lvr^Sy
T cannot be improper certainly, for
one of your Clergy here in Carolina,
to make an Addi-efs of this Nature to
your Lordfliips. If the Office be any
ones, 'tis yours to vindicate the opprefs'd
Innocence of thofe that are under your
•Difcipline and Government.
A Fc;'f;V» and Spirit of Giddinefs hath
poIFcll: fonie of thofe in Power here of
late , wliich makes their Heads turn
round upon their Shoulders , and their
Hearts Unquiet and Difcontented within
them. They have not wanted here in
Town nor Countrey, neither thefe Five
Years fince my Arrival, for good Ser-
mons Twice every Lord's tTay , and
many other Occafional ones , befides
fpme Hundreds of very ufeful and pra-
ctical Books I have diftributed amongft
the People here ; norwithflanding many
People of this Province will not be per-
fuaded by any means to Live and Love
like Chrillians. fm ferry to wforin your
Honours, That mofi of the Ictte Members of
Affemhly , h.^ve been conftant Akfenters
fro'rn the Holy Sncratnent of the Lord's Sup-
per ; tlmigh for tkcfe Five Tears lajl pafl, I
have publickly Achniniftred it in my Church
at the leaf Six t'.mes in the Tear ; fo "'tis no
TBoyider they have incerted ayi nbfurd Oath
in a late ASi, to be taken by Members of the
Commons Houfe of Aff:mbly , i?jfcad of Con-
forming io the Church c/England by receiv-
ing the Sacrament of the Lords Supper %c-
(ordi'Hgto the Kites of the f aid Church.
Whatever may be pretended by fome
here, / cannot think that it toiU be much for
the Credit and Service of the Church ofF,ag~
land /:ere, that a door jhould be fo diretlly
opened, andfuch Provijions made for the nd-
7nitting the mofi loo{e and profligate Perfons
to Sit and Vote in themnkijig of our Laws ,
roho rviil but take the Oath appointed bj the
late A3. • ' •
I fuppofe that by this time your De-
puties in this Province have offered to
your Hoaouiable Board, an A^ of Af-
fembly paffed here, Entltuled, An Ati
for the Efahlifnnent of the Religious Wor-
jhip in this Province, according to the Church
of England, &c.
I do htimbly offtr the following Ar»
giiments and Objeftions againft that part
of it , which conftitutes a Court of
Twenty Commiilioners for Eccleliaftlcal
Caufcs, before it be ratified by your
Lordfhips.
'Tis well known that by the common
Law of Eyigland, all manner of EccJefl-
aftical Jurifdiftion was in the Crown,
and declared to be fo by the A£t of i.
Eliz. \. and by that A£t Power given to
the Crown, to aflign Commiffioners to
exercife this JuriiHiftion ; which was
accordingly done by Queen Elizabeth^
King James the Firft, and King Charles
the Firft, until the i Tth Year of His
Reign ; When an Aft was made, which
with a Non Obflante, to the i. Elix.. I. Re-
pealed,Annulled, Revoked, Annihilated,
and utterly made void for ever thatCIaufc
of the I . Ehz. L whereby the Crown
had Power by Letters Patents to ereft an
High Commiflion Court in Ecclefiafti-
cal Matters, &c.
By which aforementioned Aft , the
Power of exercifmg Eccleliaftical Jurif^
diftion by Commiflioners is taken away,
that it provides no fuch Power fhall ever
for the future be delegated by the^Crown
to any Pcrfon or Perfons whatfoever.
ydly. I objeft agalnfl: that Paragraph
of thQ Aft, becaufe it feems to contra-'
dift, or however is not reconcileable to
the Preamble of that Aft, which fettles
a Maintenance on the Minifter of the
Church oi England inch arles-Town. The
Preamble of that Aft of AfTembly, is,
Wiiereas his late Majefty , King Charles
the IL of Bleffed and Happy Memory,
hath by his Letters Patents , and Royal
Grants of the Province of Carolina, to
the
the Lords Proprietors,provided afid taken
care, That no Religious Minifter, ex-
cept that by Law eftablilhed in the
Kingdom of England, ftiould have any
publick Maintenance.
'Tis well known , that Epifcopa-
cy is eftabliflied by Law in the Kingdom
of Enghmd, and all Epifcopalff ordained
Miniftcrs by their Oath of Canonical
Obedience are bound to approve of
Church Government by BiHiops.
The Oath of Canonical Obedience is
this ;
/ E. M. do Swear , That I do approve
the DoBrine and Difcipline, or Go-verfiment
Ej}al>L'Jh\i hi the Church of England, ^j-
concerning all Things nece^ary to Salva-
tion, Sec.
Nor will I ever give my confent to alter
this Govcranimt of this Church, by Arch-
hi^ops, Bifhops, Deans, and Arch-Deaco7is,
Sec. as it Jlands 7iotv Ejlr,bli}hed, and as by
Lam it ought to fund. Jnd all thefe things
} do plainly arid pnccrcly Acknowledge and
^Sxpoir, accorjing.to the comrnoyi Senfe and Un-
der fanding cf the fame Words without Equi-
vocation, or meiital Evafon, or fccret Refer-
vation whatfocvcr. And this I do heartily,
tviUingly, and truly, v-pon the Faith of a
Chrijlian. So help me God in Jcfw Chnjl.
idly. I do obje£l: againft part of the
Aft, which eredh High Commiffioners
fbr Eccleliaftical Caufes, as being con-
trary to the Charter under the Broad
Seal oi England to this Province.
That Charter fays , That all By-Laws
of this Province Ihall be conlbnajit to
Reafon, and as near as may be conveni-
ently agreeable to the Laws and Cuftoms
of xhQ Realm of Er.gland.
'Tis well known, that King "Japies the
II's. High Commiflion Court in Ecclcfi-
aftical Affairs was condemned as Illegal,
by the Learned Divines and Lawyers of
England ; and if the King or Queen who
are Sup ream in Ecdcfiaflical AiT.urS;
(«f3 )
cannot legally credit fuch Commiflioners,
fure the iubordinate Powers under thein
have no legal Power to conflitute fucii
CommifTioners. The Charter farther
fays, that the By-Laws of this Province
muft be confonant to Realbn. In the A6t
of AfTembJy that erefts CommifTioners
in Ecclefiaftical Affairs , 'tis Enafted,
That whatever .Alijiiflerlliall Marry any
within the degree of Confanguinity
forbidden in the Table of Marriage, he
IhaJI forfeit an ico /. though it be with
a Licenfe from the Governor, or Publi-
cation of the Banns Thiee feveral Wbli-
days. How Confonant that part of tiie
Law is to Reafon, I leave to all judicious
People to judge.
The only dt^ign of Marriage Llcen-
i^^s that I know of being to fatisfy the
Minifter, tliatthe Coaft is clear from all
Precontracts, Confanguinity, or other
lawful Letts and Impediments of Mar-
riage.
^thly. T object againft Fourteen of rhe
Twenty Commillioners appointed by
the Aft, for difplacing MiniHers be-
caufe they were Members of the late
Allembly: Wherein Mr. Edw.trd M/trfon
was unfairly and unjuftly ufed : There-
fore he protefts againfl the Power over
him they may challenge by Virtue of
that Aft. Befdes, they ar4 many of them
confant Abfemers from the Church j and
Eleven of them were -never krtown to receive
the Sacrament of the lord's Supper ; and fo
perhaps their Religion may be tofck. For the
aforefaid and feverd other weighty Rea-
fons,your Peritioner,Mr.£^n;/ri'« Mav^on^
legal Mini Her of St. Phillifs Church in
Charles-Town, doth beg of your Honours
not to ratify that part of the Aft offer'd
to your Board, by your Deputies here ,
in v,-hich , Twenty Commiflioners ure
impower'd to difplace Minilters, &c.
And in cafe they give Him Moleflation
by ViiTue of that Aft palFcd here, before-
your Honours have conh'rmed it, He
dcth proteft againft: their Lav.ful
Power over Hijn as Commillioners ; and
appe.als
1 64 1
appeals to yourHonourable Board from prelumes he may dcbya par-ticularia-^r
them, and to the Queen's Courts of Ju- of the Kingdom of E-rigla7id,,
i\iicQ in Evglmd \ and as a Prieft of the ,» ., -. ''^
Church of £?/^/^7?^, He will Appeal to Tottr Petitioner fhall ever Pray for your
his Biihop and his Courts. Which He Healths and Profprities, and remainSf
My Lor^s^
T^ur mcjl Ohedient and Htimhle Servant ^
'W- Edward Marflon,
1^ Munth,
[6?]
[Numb. 14.]
The Case of the Reverend Mr. Edward
Marfton, Minifier of the Church belong-
ing to the Church of England in Charles-
Town, in South Carolina, truly ftated.
AT the Meeting of the General Af-
fembly of the Province in Jpril^
in 1704. he was order'd by the Right
Honourable Governour Sir Natb. Jobn-
ftoVf to write down in a Paper what he
thought would be proper, tor the better
Supprefling of Vice and Wickcdnefs in
this Town and Country, efpecially on
the Lord's Day; and what other Things
he thought convenient for the better
Management of the AiFairs of the Church,
and publick Monies given towards the
Ere£iing of a PrceSchool, and other pi-
ous Ufes. Mr. Mitrflon obey'd the Order;
and when the Governour had read the
Paper, he reply'd, That it was modeft
and reafonable, and that he would pro*
pole the Contents thereof to the Af-
fcmbly, which accordingly he did: Some
iiew Days after, he fcnt for Mr. Marjhti,
to (hew him the Reply of the Lower
Houfe of AfTembiy to that part of the
Speech, penn'd by Mr, Ma>Jion, under
the Hand of ^ob //ow, ERj; Speaker, in
which Mr. Marjion wasfcurriioully abufed,
and very ialfe Epithets fix'd upon him by
tiiem.
That part of the Governour's Speech
is in Packet to Dr. IViglj.
About the fame time, the Right Uo-
neurable Governour acquainted Mr. Mjr-
ftoVy Ihn fome of the Mimbers Cff the /ff-
femblj were endeavouriyjg to wrc// the £c-
ckfiajiical Jurijdidion of the province out
of the Hinds of the l^ighi Hotioiiruble and
kjgbt J^verend lather in Codj Henry,
Lord Bijhop of London, and out of tht
Bands of the l^gbt Honourable Governour^
Sir Nathaniel Johnfton, Of Ordimrj^
which was the Occafion of the Paper,
called, A R^ply to tbffe Members-i^Q. fcnt
in the aforefaid Packet alfo.
The Governour was pleafed'to quadi
their Defign at that Time; fo the Pa-
per was never lent to any of them ; but
being threaten'd in the Houfe of Co-
lonel Ej^sbee, one of the Members of the
Affemblv, about Augufi laft, That at the
next Stffions of Affembly I Jhould fee the
Bijhop of London's ^urifdiSion abolijh'd
here, I put the aforefaid Reply into the
Hands of Col. Kjsbee.
Sometime a'ter the Meeting of the
Aflfembly in oQob. laft, Landjirave Sr>uth
was made a Prifoner, by a Vote of the
lower Houfe of AlTembly, On the firft
Day of his Confinement Mr Marfion
made him a Vifit, to acquaint him with
the Death of the Reverend Mr. H'il-
Jiim Corbin, forlometime Minifterofthe
Congregation at Coos Creel in this Co-
lony ; The next Morning, after my
Vifir, Col. ^rbee moved in the Lower
Houle, as foon as it was fet. That I
Riould be order'd to lay before the Houfe
2 Sermons preach'd by me, one in April
laft, the other about 1 hree Weeks be-
fore. 1 obey'd their Order, and ^ttnd-
ed the Houfe, with the Two Members
that came for me. My Paper in Packet
to Br. W^/^/r, dated Ochber the nth, will
acquaint you with my Anfwcr to them,
I as
Z66 2
as the other Papers will with all the Pro-
ceedings of the Affembly againlt me af-
ter that.
I went from the Lower Houfe tif AF- ■ •
fembly dire£ily to the Right Honourable
the Governour, and laid the Sermons
before him, as Ordinary, he alfo having
been an Auditor of both pf them. He
was pleafed at that Time" to be chole-
rick and angry, becaule I had vifited
Landgrave J'm«j&, and refufed to take-
Is'oticeof my Sermons, or of the Trou-
ble the Lower Hoirfe of Affembly had
given me about them. I apply'd my
fclf to him and thje Council by feveral
fubmiflive Letters, ir» all, which 1 hum-
bly crav'd of them. That I might be
allow'd an Hearing to vindicate my felf
iwm thofe falfe Aceufat-ions which were
charged againflmeby the Lower Houfe
of Affembly. They would not allow me
an Hearing, but concurr'd with the Lower
Houfe in the Cenfurc and Ordinance
thereupon, to deprive me of my Sala*
ry, the neceffarf Subfiilence of my felf,
a Wife, Three Children, and Three
more m Family, in this extravagantly
dear Place of all Neceffaries for the
Support of Life.
, I was not made acquainted with the
Conference of both the Houfes about
this Affair 5 but they chole that very
Da'V to agree upon my Ruine, in which
they knew I was buffed to prepare a
Jr.Bneral Sermon for Capt. Weekly.
I'm at the prefent a Confeffor, for aflert-
5ng the hccleliaftical Jurifditlion of the
Bifhop of London in this Province, and
the Prerogative of being Ordinary here,
of our Right Honourable the Gover-
nour, againft fome illiterate and unrea-
• Tonable Men of the Lower Houfe of
Affembly ui this Province, who ac their
-€eiTions in Jprjl laft, were endeavouring
to wreft the Eccleliaflical jurifdiclion
outof chcafo'efaid Hands ; and at their
hft Seinon in Odober, did accompltfb
their Dcfign, by getting an A^ pafs'J
for conQiLuting Ruling Lay-li!dcrs, or
drolina Bllhups, to turn out Clergy-
men from their Churches as they pleafe.
Bjc, 1 hope, it will be proved, That
their new A(\ of Affembly is repug-
nai;r, acd contrarr to the Laws of i«^-
landf and therefore by the Patent wa-
der the Broad-Seal of EngUnd, of no
Validity here,
• -StTmer Paragraphs ciut of the Patent
under th e Broad-Seat of Evgland to (he
Lords Proprietors of Carolhu, in the
lafV of the Patents from King Charles
the Second., ,,-. , .,
No liaw .to bc'impofed^ \|^thout,thjs^
Affect of the Freemen, or of the great-
cfi part of them, or of. their Dele-
gates or Deputies, they are to be pub-
lifted.
No other Power granted to the De-
legates, or Deputies of the Freemen,
by the Patent under the Broad Seal,
but of giving their Affent to enaft
Laws.
And becaufe Aflemblies of tlie Dele-
gates aud Deputies of the Freemen can-
not be fo fuddenly called, as there may
be Occaiion to require the fame ; Power
is given to the Lords Proprietors, by
themfelves, or their Deputies or Ma-
giftrates in that Behalf lawfully au-
thoriz'd, full Power and Authority fcoin
Time to Time to make and ordain fie
and wholfome Orders and Ordinances
within the Province or Territory afore-
faid, and to publilh tlie fame to all to
whom it may concern.
Which Laws and Ordinances we da
by -thefe Prefents flriOly- charge and
command to be inviolably obferv'd with-
in the faid Province, ^c, under Che
Penalties therein exprefs'd j — fo as
fuch Laws and Ordinances be reafona-
ble, and not repugnant nor contrary,
but as near as may be agreeable to the
Laws and Statutes of the Kingdom of
EfiglMd. And fo as the fame Ordi-
nances do not extend to the binding,
charging, or taking away of the Right
or Intereft of any Pcrfon or Perfons in
their Freehold, Goods, or Chattels what-
foever.
Faith, Allegiance and Sovereign Do-
minion, are, by the Patent, due to King
Chxrks the Second, his Heirs and Suc-
ceffors for ever.
By
C<57]
By th« Patent, the Province of dro-
lini is held of the Crown of England^
as the Mannor of Eaft Greenmcb, in
the County of Ksntt iQ free and com-
mon Soccage, ^c.
Yielding and pay\ng Yearly to the
Crown of EvgUnd for the fame the
Fourth part of all Gold and Silver
0:ef^c. over and befides the Yearly Rent
of Twenty Marks.
Qujere, Whether the Delegates and
Deputies of the Freemen, whofe Lorda
do hold their Lands 'of the Crown of
England, in the aforefaid Tenure, i caa
legally afTume or claim to themfelves the
Power, Privileges and Immunities of the
Houfe of Commons of the High Court
of Parliament in Enghni.
Our Lower Houfe of Aff^mbly in Ci-
roUiti do imprifon, by a Vote of the
Houfe, fine Vigy and bid Defiance to
the HAbeas Corpus Aft, though made
in Force here by aa h^ of Aifem-
bly.
FINIS.
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