America and West Indies: Addenda 1629

Pages 70-72

Calendar of State Papers Colonial, America and West Indies: Volume 9, 1675-1676 and Addenda 1574-1674. Originally published by Her Majesty's Stationery Office, London, 1893.

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Addenda 1629

Oct. 30.
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.]