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⚫ which said Survey and Inspection, We do hereby declare to be intended to ascertain the Quit-Rents which shall from Time to Time become due to Us, Our Heirs and Successors, according to the Reservations herein before mentioned, and for no other Purposes whatsoever; hereby, for Us, Our Heirs and Succes⚫sors; strictly enjoyning and commanding, That neither Our or Their Surveyor, or any Person whatsoever, under the Pretext ⚫ and Colour of making the said Survey or Inspection, shall take, ⚫ demand or receive any Gratuity, Fee or Reward of or from any Person or Persons inhabiting in the said Colony, or from the said Corporation or Common Council of the same, on the Pain of Forefeiture of the said Office or Offices, and incurring Our highest Displeasure. Provided always, and Our further Will and Pleasure is, That all Leases, Grants and Conveyances to be made by or in the Name of the said Corporation, of any Lands within the said Province, or a Memorial containing the Substance and Effect thereof, shall be registered with the Auditor of the said Plantations, of Us, Our Heirs and Successors, within the Space of One Year, to be computed from the Date thereof, otherwise the same shall be void. And Our further Will and Pleasure is, That the Rents, Issues and all other Profits which shall at any Time hereafter come to the said Corporation, or the major part of them which 'shall be present at any Meeting for that Purpose assembled, shall think will most improve and enlarge the said Colony, ⚫ and best answer the good Purposes herein before mentioned, and for defraying all other Charges about the same. And Our Will and Pleasure is, That the said Corporation and their 'Successors, shall from Time to Time give in to one of the Principal Secretaries of State and to the Commissioners of Trade and Plantations, Accounts of the Progresses of the said Colony. And Our Will and Pleasure is, That no Act done at any Meeting of the said Common Council of the said Cor'poration, shall be effectual and valid, unless Eight Members at least of the said Common Council, including the Member ⚫ who shall serve as Chairman at the said Meeting, be present, and the major part of them consenting thereunto. And Our Will and Pleasure is, That the Common Council of the said ⚫ Corporation for the Time being, or the major part of them who shall be present, being assembled for that Purpose, 'shall from Time to Time, for and during and unto the full End and Expiration of Twenty One Years, to commence from the Date of these Our Letters Patent, have full Power and Authority to nominate, make, constitute, commission, ⚫ ordain and appoint, by such Name or Names, Stile or Stiles.

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as to them shall seem meet and fitting, all and singular such Governours, Judges, Magistrates, Ministers and Officers, Civil and Military, both by Sea and Land, within the said Districts, ' as shall by them be thought fit and needful to be made or used for the said Government of the said Colony; save always and except such Officers only as shall by Us, Our Heirs and Successors, be from Time to Time constituted and appointed, for the Managing, collecting and Receiving such Revenues as shall from Time to Time arise within the said Province of Georgia, and become due to Us, Our Heirs and Successors. Provided always, and it is Our Will and Pleasure, That every Governor of the said Province of Georgia, to be appointed by the Common Council of the said Corporation, before he shall enter upon or execute the said Office of Governor, shall be approved by Us, Our Heirs, or Successors, and shall take such Oaths and shall qualify himself in such Manner in all Respects, as any Governor or Commander in Chief of any of Our Colonies or Plantations in America, are by Law required to do; and shall give good and sufficient Security for observing the several Acts of Parliament relating to Trade and Navigation, and to observe and obey all Instructions that shall be sent to him by Us, Our Heirs and Successors, or any acting under Our or Their Authority, pursuant to the said Acts, or any of them. And We do, by these Presents, for Us, Our Heirs and Successors, will, grant and ordain, That the said Corporation and their Successors, 'shall have full Power for and during and until the full End and Term of Twenty One Years, to commence from the Date of these Our Letters Patent, by any Commander or other Officer or Officers by them for that Purpose from Time to Time appointed, to train, instruct, exercise and govern a Militia for the special Defence and Safety of Our said Colony, to assemble in Martial-Array, the Inhabitants of the said Colony, and to lead and conduct them, and with them to encounter, expulse, repel ' resist and pursue, by Force of Arms, as well by Sea as by Land within or Without the Limits of Our said Colony; and also to kill, slay and destroy, and conquer, by all fighting Ways, Enterprizes and Means whatsoever, all and every such Person or Persons as shall at any Time hereafter in any hostile Manner attempt or enterprize the Destruction, Invasion, Detriment or Annoyance of Our said Colony; and to use and exercise the Martial-Law in Time of actual War and Invasion or Rebellion, in such 'Cases where by Law the same may be used or exercised; and also from Time to Time to erect Forts and fortify any Place or Places within Our said Colony, and the same to furnish with all necessary Ammunition, Provisions and Stores of War, for

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Offence and Defence, and to commit from Time to Time the Custody or Government of the same to such Person or Persons as to 'them shall seem meet; and the said Forts and Fortifications to demolish at their Pleasure; and to take and surprize, by all Ways and Means, all and every such Person or Persons, with their Ships, Arms, Ammunition and other Goods, as shall in an hostile Manner invade or attempt the Invading, Conquering or Annoying of Our said Colony. And Our Will and Pleasure is, and We do hereby, for Us, Our Heirs and Successors, declare and grant, That the Governor and Commander in Chief of the Province of South-Carolina, of Us, Our Heirs and Successors, for the Time being, shall at all Times hereafter have the chief Command of the Militia of Our said Province hereby erected and established; and that such Militia shall ⚫ observe and obey all Orders and Directions that shall from Time to Time be given or sent them by the said Governor or Commander in Chief, any Thing in these Presents before contained to the Contrary hereof in any wise notwithstanding. And, of Our more special Grace, certain Knowledge and mere Motion, We have given and granted, and by these Presents, for Us, Our Heirs and Successors, do give and grant unto the said Corporation and their Successors, full Power and Authority to import and export their Goods at and from any Port or Ports that shall be appointed by Us, Our Heirs and Successors, within the said Province of Georgia for that Purpose, without being obliged to touch at any other Port in South-Carolina. And We do, by these Presents, for Us, Our Heirs and Successors, will and declare, That from and after the Determination of the said Term of One and Twenty Years such Form of → Government and Method of making Laws, Statutes and Ordi2 nances, for the better Governing and Ordering the said Pro'vince of Georgia, and the Inhabitants thereof, shall be estab'lished and observed within the same, as We, Our Heirs and Successors, shall hereafter ordain and appoint, and shall be agreeable to Law; and that from and after the Determination of the said Term of One and Twenty Years, the Governor of Our said Province of Georgia, and all Officers Civil and • Military within the same, shall from Time to Time be nomina⚫ted and constituted and appointed by Us, Our Heirs and Suc'cessors. AND LASTLY, We do hereby, for Us, Our Heirs and Successors, grant unto the said Corporation and their Successors, That these Our Letters Patent, or the Enrollments or Exemplification thereof, shall be in and by all Things, good, firm, valid, sufficient and effectual in the Law, according to the true Intent and Meaning thereof, and shall be taken, construed and adjudged in all Courts and elsewhere, in the most favour

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able and beneficial Sense, and for the best Advantage of the " said Corporation and their Successors, any Omission, Imperfection, Defect, Matter or Cause or Thing whatsoever to the Contrary in any wise notwithstanding. IN WITNESS We have caused these Our Letters to be made Patent. Witness Our Self at Westminster, the Ninth Day of June, in the Fifth Year of Our Reign.

By Writ of Privy Seal.

COOKS

THE gracious Purposes and ample Privileges contain'd in the foregoing CHARTER, are so obvious to every Reader, that we need only say, they were suitable to a most generous and humane British Monarch; and had the Settlement of the Colony of Georgia been carried on conformable thereto, and no other Restrictions or Reservations made, than what are therein mentioned; then would the Colony at this Time have been in a flourishing Condition, answerable to all those glorious Ends that were proposed and expected from it: But on the Contrary, Laws and Restrictions being made, such as were never heard of in any British Settlement, the Colony is brought to the present melancholy Situation. But we shall say no more at present on this Head, than what Mr. Oglethorpe said in Parliament relating to the Charitable Corporation, viz. The better the Design was, the more those deserve to be punished who have disappointed the Publick of Reaping the Benefits that might have accrued from it.

INHABITANTS of all sorts, Roman Catholicks only excepted, from all Parts of the World, were invited to possess this promised Land; and large Sums of Money from the Parliament, as well as Contributions from private and publick Charity, were collected; the County was laid out as an Earthly Paradise; the Soil far surpassing that of England; the Air healthy, always serene, pleasant and temperate, never subject to excessive Heat or Cold, nor to sudden Changes.

IT was particularly set forth, and with a Shew of Reason enough, that this proposed Settlement could not fail of succeeding, when the Nation was so bountiful; the King so gracious; the Trustees so disinterested and honourable, who had, for the Benefit of Mankind, given up that Ease and Indolence to which they were entitled by their Fortunes and the too prevalent Custom of their Native Country; and withal, being able, by seeing the Mistakes and Failures of other Colonies, both to avoid and

Vide Lond. Mag. p. 379.

Vide a Pamphlet, entitled, A new and accurate Account of the Provinces of South Carolina and Georgia.

rectify them; and lastly, the universal Report of Mr. Ogle thorpe's matchless Humanity and Generosity, who was to Conduct the first Embarkation, and who was, in all Appearance, to undergo the greatest Hardships, without any other View than to succour the Distress'd; and despising Interest or Riches, was to venture his Life, his All, in establishing the intended Settlement. rious Presages of the future Happiness of that Colony! Irresistable Temptations to those, whose Genius or Circumstances led them to leave their Native Country!

NO Wonder then, that great Numbers of poor Subjects, who lay under a Cloud of Misfortunes, embraced the Opportunity of once more tasting Liberty and Happiness; that Jews, attracted by the Temptation of Inheritances, flock'd over; that Germans, oppress'd and dissatisfied at Home, willingly join'd in the Adventure, some as Settlers, and others as Servants to the Trustees; and lastly, that great Numbers of Gentlemen of some Stock and Fortune, willingly expended Part of the same, in purchasing Servants, Tools, Commodities and other Necessaries, to intitle them to such, respective Proportions of Land, as the Trustees had thought proper to determine, and such Liberties and Properties as they had Reason to expect from his Majesty's most gracious Charter: But how much they were all disappointed, the Sequel will shew. The First Thing that was done, was the Circumscribing the Rights and Titles given by his Majesty, and making many other various Restrictions, Services and Conditions, impossible for any human Person to perform; a few of which we shall here enumerate: In the first Place, there was an excessive Quit-Rent laid upon the Land, being a great Deal more than his Majesty's Subjects in the other British Colonies pay, viz. Twenty Shillings Sterling for every Hundred Acres, to be paid yearly; and if it, or any Part thereof, should be behind and unpaid by the Space of six Calender Months next after any Day of Payment on which the same became due, then the Land was forfeited and return'd to the Trustees; as it likewise did upon Failure in any of the following Conditions, viz. One Thousand Mulberry Trees always to be growing on every Hundred Acres; No Partnership or Company to be enter'd into for making Pot-Ash; Not to assign or transfer the Land, or any Part or Parcel thereof, or any Estate or Interest in the same, for any Term of Years; Not to, hire, keep, lodge, board or employ, within the Limits of the Province, any Black or Negro; and if the Person holding Land should die without Issue Male, or his Heirs at any Time should die without Issue Male, in that Case likewise, the whole Land was forfeited and reverted to the Trustees; and if any Part or Parcel of any of the Five Hundred Acre Tracts, should remain not cultivated,

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