1629.
Oct. 30.
Westminster. |
151. Grant to Sir Robert Heath, Attorney-General of a territory in America betwixt 31 and 36 degrees of North Latitude, not
inhabited by the subjects of any Christian King, but partly
inhabited by barbarous men who have not any knowledge of the
Divine Deity. Sir Robert Heath, being about to lead thither a
large and plentiful colony of men professing the true religion, and
applying themselves to the culture of said lands and to merchandising, the King grants to said Sir Robert all that river of
St. Matthew on the south side, and of Passamagno (the Great Pass)
on the north side, with all lands between the same to the ocean
east and west, together with the Islands of Veajus and Bahamas,
and all other islands lying southerly or near upon said continent,
with all ports, creeks, rivers, lakes, fisheries, minerals, precious
stones, &c.; and furthermore, the patronage of all churches there
to be built, with as ample privileges as any Bishop of Durham
ever had within his See, to said Sir Robert, his heirs and assigns,
as absolute Lords and Proprietors, with the intention that said
Sir Robert should plant the same according to certain instructions
signed by his Majesty of the date of these presents and remaining
with his Majesty's Principal Secretary. To hold the same in
capite by military service, and to render thence yearly one circlet
of gold of the weight of 20 oz., with this inscription engraved:
Deus coronct opus saum, whenever his Majesty or his heirs shall
visit that region, and also a fifth part of gold and silver ore, and
such proportion of profits and commodities as are expressed in said
instructions. And further, his Majesty erects and incorporates said
territories into a province to be called for all time Carolana and the
Carolanean Islands, with power to make laws by consent of the
free tenants or the major part of them, and enforce them by fine,
imprisonment, loss of member or life: with power of pardon and
all things belonging to Courts of Justice, provided said laws be not
repugnated to the laws of England. Also to make laws in cases
of emergency without the consent of the freeholders, provided they
do not abridge the right or property of any, or be received elsewhere than within said Province and Islands; with power also to
transport himself and others thither, make settlements, and build
forts, &c., any statute to the contrary notwithstanding. All his
Majesty's subjects carried thither, and their children, shall be
reputed his subjects, as if born in England, with equal rights and
privileges, with power also to transplant thither all manner of
goods and arms, paying only the usual customs, provided licence be
first obtained in writing from the Chief Treasurer, or from six or
more of the Privy Council. Also with power to wage war against
the barbarians, pirates, or other enemies, and subdue tumults and
rebellions, to confer honours and titles (provided they be not such
as are used in England); incorporate borough and cities with fitting
immunities and privileges; import merchandize into any port of
England (and export again within one year), paying only such
customs and dues as other subjects of his Majesty pay; to constitute ports, saving only to his Majesty's subjects the right of
fishing and of drying fish as hitherto. All things in this grant to
be interpreted in the most favourable manner to the grantees,
provided it be not to the prejudice of the Christian Religion or of
allegiance to his Majesty, his heirs and successors; and the grantees
undertake to act according to said royal instructions. Provided
always, that if any of the premises or any part of them are already
granted to any person by his Majesty, or his father, or are actually
in the possession of any of his Majesty's subjects, or of those of
any other Christian Prince or State, then as regards such part of
the premises these presents shall be void and of none effect. 3¼
membranes. [Pat. Roll., 5 Car. I., p. 5, No. 5.] |
