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SIR ROBERT HEATH'S PATENT 5 CHARLES 1ST
[30 Oct. 1629]* Charles by the grace of God of England Scotland France & Ireland
King Defender of the faith &c: To all to whom these present 1res shall come, greeting
We have seen the inrolement of certaine of our lres patents under our great seale of England made to S. Robert Heath Knight our Atturney Generall, bearing date at Westminster the 30. day of October in the 5 yeare of our reigne & inrolled in our Court of Chancery, & remaining upon Record among the Roles of the Said Court in these words: The king to all to whom these present &c: greeting. Whereas our beloved and faithful subject and servant Si Robert Heath Knight our Atturney Generall, kindled with a certain laudable and pious desire as well of enlarging the Christian religion as our Empoire & encreasing the Trade & Commerce of this our kingdom: A certaine Region or Territory to bee hereafter described, in our lands in the parts of America betwixt one & thirety & 36 degrees of northerne latitude inclusively placed (yet hitherto untild, neither inhabited by ours or the subjects of any other Christian king, Prince or state But some parts of it inhabited by certain Barbarous men who have not any knowledge of the Divine Dietye) He being about to lead thither a Colonye of men large & plentifull, professing the true religion; seduously & industriously applying themselves to the culture of the sayd lands & to merchandising to be performed by industry & at his owne charges & others by his example. And in this his purpose in this affayer for our service and honour he hath given us full satisfaction, which purpose of his being soe laudable & manifestly tending to our honour, & the profit of our kingdome of England Wee with a Royal regard considering these things doe thinke meete to approve & prosecute them, for which end the sayd S. Robert Heath hath humbly supplicated that all that Region with the Isles thereunto belonging with certain sorts of privileges & jurisdictions for the wholesome government of his Colonye & Region aforesaid & for the estate of the appurtenances may be given granted and confirmed to him, his heires & Assignes by our Royall Highnesse.
Know therefore that wee prosecuting with our Royall favor the pious & laudable purpose & desire of our aforesaid Atturney of our especiall grace certaine knowledge & meere motion, have given, granted & confirmed & by this our present charter to the said S Robert Heath Knight his heirs & assignes for ever, doe give, grant & confirme all that River or Rivelett of St Matthew on the South side & all that River or Rivelett of the great passe on the North side, & all the lands Tenements & Hereditaments lying, beeing & extending within or between the sayd Rivers by that draught or Tract to the Ocean
* The Colonial Records of North Carolina, Published under the Supervision of the Trustees of the Public Libraries, by order of the General Assembly. Collected and edited by William L. Saunders, Secretary of State. Vol. I, 1662 to 1712. Raleigh. P. M. Hale, Printer to the State. 1886.
upon the east side & soe to the west & soe fare as the Continent extends itselfe with all & every their appurtenances & alsoe all those our Íslands of beayus Bahama & all other Isles & Islands lying southerly there or neare upon the foresayd continent all which lye inclusively within the degrees of 31 & 36 of Northerne latitude; And all & singular the ports & stations of shippes & the Creeks of the sea belonging to the Rivers, Islands & lands aforesaid; with the fishings of all sorts of fish, whales, sturgeons & of other Royaltyes in the sea or in the rivers moreover all veines, mines or pits either upon or conceald of Gold, Silver Jewells & precious stones & all other things whatsoever, whither of stones or metalls or any other thing or matter found or to be found in the Region Territory Isles or limitts aforesaid. And furthermore the patronages and advowsons of all churches which shall happen to be built hereafter in the said Region Territory & Isles and limitts by the increase of the religion & worship of Christ Together with all & singular these & these soe amply, Rights Jurisdictions, priviledges prerogatives Royaltyes libertyes immunityes with Royall rights & franchises whatsoever as well by sea as by land, within that Region Territory Isles & limitts aforesaid To have exercise use & enjoy in like manner as any Bishop of Durham within the Bpricke or County palatine of Durham in our kingdome of England ever heretofore had held used or enjoyed or of right ought or could have hold use or enjoy. And by the presents we make create & constitute the same_S: Robert Heath his heires & assignes true and absolute Lords & Proprietors of the Region & Territory aforesaid & all other the premises for us our heires & successors saveing alwaies the faith & allegiance due to us our heires & successors. To have hold possess & enjoy the said Region Isles Rivers & the rest of the premises to the said S. Robert Heath Knight his heires & assignes to the sole & proper use & behoofe of him Sr Robert Heath Knight his heires & assignes for ever with that meaning that the said Sr Robert Heath his heires & assignes shall plant the premisses according to certaine instructions & directions of oures signed with our Royall hand of the date of the presents remaining with our principall Secretary to our use our heires & successors To be held of us our heires & successors Kings of England in Cheife by knights service & by paying for it to us our heires & successors one Circle of Gold formed in the fashion of a crowne of the weight of twenty Ounces with this inscription ingraved upon it Deos Coronet Opus Suum whensoever & as often as it shall happen, that we our heires or successors shall enter the said Region, & also the fifth & part of all the metall of Gold & Silver (which in English is called Gold & Silver Oare) which shall from time to time happen to be found within the foresavd limits & such a proportion of the profitts & commodityes out of the premises as are fully conteined in the instructions & declarations aforesaid.
But that the aforesaid region or Territory soe granted & described may be more illustrious by us than all the other Regions of that land & may be adorned with more ample Titles.
Know that we of our free grace certain knowledge & meere motion doe thinke fit to erect the sayd Region Territory & Isles into a Province & by the fulness of our power & Kingly Authority for us our heires & successors, we doe erect & incorporate them into a province & name the same Carolina or the province of Carolina, & the foresaid Isles the Carolarns Islands & soe we will that in all times hereafter they shall be named. And because we herebefore have ordained & made the foresd Si Robert Heath Knight true lord & proprietor of all the aforenamed Province. Furthermore know yee that we for ourselves our heires & successors doe give power to the said Si Robert (of whose faith prudence industry & provident circumspection we have great confidence) & to his heires & assignes for the good & happy Government of the said Province to forme make & enact & publish under the seale of the said Sr Robert his heires & assignes what lawes soever may concerne the publicke state of the said province or the private profitt of all according to the wholesome directions of & with the counsell assent & approbation of the Freeholders of the same Province or the Major part of them who when & as often as need shall require shall by the aforesaid Sr Robert Heath his Heires & Assignes & in that forme which to him or them shall seem best, be called together to make lawes & those to be for all men within the said province & the bounds of it for the time beeing or under his or their Government or power either sayling towards Carolana or returning from thence either outward to England or outward to any other dominion of ours whatsoever constituted by imposition of fines imprisonment or any other constraint whatsoever & we grant to the said S Robert his heires & assignes free full & all kind of power by the Tenour of these presents if the qualitye of the offence requires it to punish by the losse of life or limbe by himself his heires or assignes, or by their Deputyes Lieutenants Judges Justices Magestrates Officers & ministers to be constituted & made according to the tenour & true intent of these presents duely to be executed: And also to the said S: Robert Heath his heires & assignes as to them shall seem most meet power of constituting & ordaining Judges & Justices Magestrates & officers whatsoever for whatsoever causes and with what power soever & in what forme by sea or by land. Alsoe crimes & all excesses whatsoever against such lawes either before judgement received or after, power of remitting releasing pardoning & abolishing; & all & singular complements of justice courts tribunalls forms of judgements & manners of processe belonging to them although there be not mention made nor expression of them in these presents which laws as aforesaid to be proclaimed & to be endowed with the most absolute firmnesse of right, we will injoyne command & order that they be inviolably observed & kept by all men the Lieges & Subjects of us our heires & successors (as farre as it may concerne them) & under the paines in them expressed & to be expressed yet soe that the foresaid lawes & ordinances be consonant to Reason and not repugnant or contrary but (as conveniently as may be done) consonant to the lawes, statutes, customes & rights of our Realme of England.
And because in the Government of soe great a Province sudden chances many times happen to which it will be necessary to apply a remedy before that the Freeholders of the sayd province can be called together to make lawes, neither will it be convenient, upon a continued title in an emergent occasion to gather together soe great a people therefore for the better Government of the sayd Province, we will & ordaine & by these presents for Us our Heires & Successors; doe grant unto the said Si Robert Heath his Heires & Assignes by himself or by magistrates & officers duly constituted for that purpose (as before is sayd) shall & may have power from time to time to make & constitute wholesome & convenient Ordinances within the Province aforesaid & be kept & observed as well for the preserving the peace as for the better Government of the people there liveing; & to give publicke notice of them to all whom it doth or may concerne: which Ordinances we will that they be inviolably observed within the sayd Province under the paines expressed in them soe as the sayd Ordinances be consonant to Reason & not repugnant nor contrary, but (as conveniently as may be done) consonant to the laws, statutes & rights of our Realme of England as is aforesaid soe alsoe that the same Ordinances extend not themselves against the right or interest of any person or persons or to distrayne bind or burden in or upon his freehold goods or chattels: or to be received any where there in the same Province or the Isles aforesayd.
Moreover that New Carolana may happily increase by the multitude of people thronging thither & alsoe that they be firmely defended from the incursions of the Barbarous & of others practicall or plundering enemyes. Therefore we for ourselves our Heires & Successors at the will & pleasure of the sayd Si Robert Heath his heires and assignes, doe give & grant by these presents to all men & our subjects, leiges of our heires and successors both those in present & to come (unless it shall be in an especiall manner forbidden) power, licence & libertye to build & fortifye themselves & their famifyes in the sayd Province of Carolana for the publicke safety of their seats there planted, tilled & inhabited with forts castles & other fortifications, with fitting shipes alsoe & convenient furniture for transportation the statute of fugitives or any other whatsoever contrary to these premises in any wise notwithstanding. We will alsoe & for Us our Heires & successors out of our great favour we firmely comand constitute ordaine & require that the said Province be in our Allegiance & that all & every our subjects & leiges & of our heires & successors brought or to be brought into the said Province, their children either their already borne or hereafter to be borne are & shall be Naturall and leiges to us our Heires & successors & in all things shall be held, treated reputed & accounted as faithfull leiges of us, our heires & successors borne in our Kingdom of England. And alsoe that they shall possesse lands, tenements, rents services & Hereditaments whatsoever with our Kingdome of England & other our Dominions to purchase, receive, take, have, hold, buy and possesse & them to use & enjoy & alsoe then to give sell alienate & bequeath & alsoe all libertyes, franchises & priviledges of this our Realme, to have & possess freely quietly & peaceably & that they may use &