Page images
PDF
EPUB
[ocr errors]

after by us appointed as the common council of the faid cor poration, or any other perfons to be elected and admitted members of the faid common council in the manner herein after directed, fhall die, or fhall, by writing under his and their hands respectively, refign his or their office or offices of common council-man, or common council-men, the faid corporation, or the major part of fuch of them as fhall be prefent, and may at fuch meeting, on the faid third Thursday in March, yearly, in manner as aforefaid, next after fuch death or refignation, and at no other meeting of the said corporation, elect and chufe one or more perfon or perfons, being members of the faid corporation, into the room or place of fuch perfon, or perfons, which fhall be fo dead or fo refigning, as to them fhall feem meet. And our will and pleasure is, that all and every the perfon or perfons which fhall, from time to time, hereafter be elected common council-men of the faid corporation as aforefaid, do and fhall, before he or they act as common council-men of the faid corporation, take an oath for the faithful and due execution of their office; which oath the prefident of the said corporation, for the time being, is hereby authorized and required to administer to fuch perfon or perfons fo elected as aforefaid. And our will and pleasure is, that the firft prefident of the faid corporation fhall be our trufty and well-beloved the faid John Lord Viscount Percival, and that the faid prefident fhall, within thirty days after the paffing of this charter, caufe fummons to be iffued to the feveral members of the faid corporation herein particularly named, to meet at fuch time and place as he fhould appoint, to confult about and tranfact the business of the faid corporation. And our will and pleasure is, and we do by these presents, for us, our heirs and fucceffors, grant, ordain, and direct, that the common council of the faid corporation fhall confift of fifteen in number: and we do, by these prefents, nominate, conftitute, and appoint, our right trufty and well-beloved, John Lord Viscount Percival, our trufty and well-beloved Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Tower, Robert More, Robert Hucks, Rogers Holland, William Sloper, Francis Eyles, John Laroche, James Vernon, William Belitha, efquires, and Stephen Hales mafter of arts, to be the common council of the faid corporation, to continue in their faid offices during their good behaviour. And whereas it is our royal intention, that the members of the faid corporation. fhall be encreased by election as foon as conveniently may be, to a greater number than is hereby nominated, our further will

will and pleasure is, and we do hereby for us, our heirs and fucceffors, ordain, and direct, that from the time of fuch increase of the members of the faid corporation, the number of the faid common council fhall be increafed to twenty-four. And that at the fame affembly at which fuch additional members of the faid corporation fhall be chofen, there fhall likewife be elected in the manner herein before directed for the election of common council-men, nine perfons to be of the faid common council, and to make up the number thereof twenty-four. And our further will and pleasure is, that our trufty and well-beloved the faid Sir Edward Digby, efquire, fhall be the first chairman of the common council of the faid corporation; and that the faid Lord Viscount Percival fhall be and continue prefident of the faid corporation; that the faid Edward Digby fhall be and continue chairman of the faid common-council of the faid corporation refpectively, until the meeting which fhall be had next and immediately after the first meeting of the faid corporation, or of the common council of the faid corporation refpectively, and no longer; at which faid fecond meeting, and at every other fubfequent and future meeting of the faid corporation, or of the common-council of the faid corporation refpectively, in order to preferve an indifferent rotation of the feveral offices of prefident of the corporation, and of chairman of the common-council of the faid corporation, we do direct and ordain, that all and every the perfon or perfons, members of the faid common-council for the time being, and no others, being prefent at fuch meetings, fhall feverally and refpectively, in their turns, prefide at the meetings which fhall from time to time be had and held, of the faid corporation, or of the common-council of the faid corporation refpectively: And in cafe any doubt or question fhall at any time arife, touching or concerning the turn or right of any member of the faid common-council, to prefide at any meeting of the said corporation, or of the common-council of the faid corporation, the fame fhall be refpectively determined by the major part of the faid corporation, or of the common-council of the faid corporation respectively, who fhall be prefent at fuch meeting. Provided always, that no member of the faid com→ mon-council, having ferved in the office of prefident of the faid corporation, or of chairman of the common-council of the faid corporation, shall be capable of being or of ferving as prefident or chairman at any meeting of the faid corporation, or of the common-council of the faid corporation, next and immediately enfuing that in which he fo ferved as prefi❤ dent of the faid corporation, or chairman of the common

R 2

council

council of the faid corporation respectively, unless it shall fo happen, that at any fuch meeting of the faid corporation there fhall not be any other member of the faid common-council prefent. And our will and pleasure is, that at all and every the meetings of the faid corporation, or of the commoncouncil of the faid corporation, the prefident or chairman for the time being fhall have a voice, and fhall vote and act as a member of the faid corporation, or of the common-council of the faid corporation, at fuch meeting; and in case of any equality of votes, the faid prefident or chairman for the time. being fhall have and exercise a cafting vote. And our further will and pleasure is, that no prefident of the faid corporation, or chairman of the common-council of the faid corporation, or member of the faid common-council or corporation, by us by these prefents appointed, or hereafter from time to time to be elected or appointed in manner as aforefaid, shall have, take or receive, directly or indirectly, any falary, fee, perquifite, benefit or profit, whatsoever, for or by reafon of his or their ferving the faid corporation, or common-council of the faid corporation, as prefident, chairman, or common-council-man, or as being a member of the faid corporation. And our will and pleasure is, that the faid herein before appointed prefident, chairman and common-council-men, before he and they act refpectively as fuch, fhall feverally take an oath for the faithful and due execution of their trust, to be administered to the prefident by the chief baron of our court of exchequer for the time being, and by the prefident of the faid corporation to the rest of the common-council, who are hereby authorized feverally and refpectively to adminifter the fame. And our will and pleasure is, that all and every perfon and perfons who fhall have in his or their own name or names, or in the name or names of any perfon or persons in trust for him or them, or for his or their benefit, any office, place or employment of profit under the faid corporation, shall be incapable of being elected a member of the faid corporation : And if any member of the faid corporation, during fuch time as he fhall continue a member thereof, fhall in his own name, or in the name of any perfon or persons in trust for him, or for his benefit, have, hold, exercife, accept, poffefs or enjoy any office, place or employment of profit under the commoncouncil of the faid corporation, fuch member fhall, from the time of fuch having, holding, exercifing, accepting, poffeffing and enjoying fuch office, place or employment of profit, ceafe to be a member of the faid corporation. And we do for us, our heirs and fucceffors, grant unto the faid corporation,

Power of

corporation, and their fucceffors,that they, and their fucceffors,or the major part of such them as fhall be prefent at any meeting of the faid corporation, convened and affembled for that purpose, by proper and convenient notice thereof, fhall have power, from time to time, and at all times hereafter, to authorize and appoint fuch perfons as they fhall think fit, to take fubfcriptions, and to gather and collect fuch monies as fhall be by any perfon or perfons contributed for the purpofes aforefaid, and fhall and may revoke and make void such authorities and appointments as often as they fhall fee cause fo to do. And we do hereby for us, our heirs and fucceffors, ordain and direct, that the faid corporation fhall every year lay an account in writing before the chancellor, or keeper, or commiffioners for the cuftody of the great feal of Great Britain, of us, our heirs and fucceffors, the chief justice of the court of king's bench, the master of the rolls, the chief juftice of the court of common pleas, and the chief baron of the exchequer, of us, our heirs and fucceffors, for the time being, or any two of them, of all monies or effects by them received or expended, for the carrying on the good purposes aforefaid. And we do hereby for us, our heirs and making fucceffors, give and grant unto the faid corporation, and by laws. their fucceffors, full power and authority to conftitute, ordain and make fuch and fo many by-laws, conftitutions, orders and ordinances, as to them, or the greater part of them, at their general meeting for that purpose, fhall feem meet, neceffary and convenient for the well ordering and governing the faid corporation; and the faid by-laws, conftitutions, orders and ordinances, or any of them, to alter and annul, as they, or the major part of them then prefent, fhall fee requifite; and in and by fuch by-laws, rules, orders and ordinances, to fet, impose and inflict reasonable pains and penalties upon any offender or offenders who fhall tranfgrefs, break or violate the faid by-laws, conftitutions, orders and ordinances, fo made as aforefaid, and to mitigate.the fame, as they or the major part of them then prefent fhall find caufe; which faid pains and penalties fhall and may be levied, sued for, taken, retained and recovered by the faid corporation, and their fucceffors, or by their officers and fervants, from time to time to be appointed for that purpose, by action of debt, or by any other lawful ways and means, to the ufe and behoof of the faid corporation, and their fucceffors; all and fingular which by-laws, conftitutions, orders and ordinances fo as aforefaid to be made, we will fhall be duly observed and kept, under the pains and penalties therein to be contained;

fo

the faid corporation.

fo always as the faid by-laws, conftitutions, orders and ordinances, pains and penalties from time to time to be made and impofed, be reasonable, and not contrary or repugnant to the laws and ftatutes of this our realm; and that fuch bylaws, conftitutions, and ordinances, pains and penalties from time to time to be made and impofed, and any repeal or alteration thereof, or of any of them, be likewife agreed to, be established and confirmed by the general meeting of the faid corporation, to be held and kept next after the fame fhallbe refpectively made. And whereas the faid corporation intend to fettle a colony, and to make an habitation and plantation in that part of our province of South Carolina in America herein after defcribed: Know ye therefore, that we greatly defiring the happy fuccefs of the faid corporation, for their further encouragement in accomplishing so excellent a work, have of our fpecial grace, certain knowledge, and mere motion, given and granted, and by these presents; Grant of a for us, our heirs and fucceffors, do give and grant, to the large tract faid corporation, and their fucceffors, under the refervations, of land to limitations and declarations hereafter expreffed, feven undivided parts (the whole into eight equal parts to be divided) of all thofe lands, countries and territories, fituate, lying and being in that part of South Carolina in America, which lies from the northern ftream of a river there commonly called the Savannah, all along the fea coaft to the fouthward, unto the most fouthern stream of a certain other great water or river called the Alatamacha, and weftard from the heads of the faid rivers respectively in direct lines to the fouth seas, and all that space, circuit and precinct of land lying within the faid boundaries, with the islands in the fea, lying oppofite to the eastern coaft of the faid iflands, within twenty leagues of the fame, which are not already inhabited, or fettled by any authority derived from the crown of Great Britain, together with all the foils, grounds, havens, ports, gulphs and bays, mines, as well as royal mines of gold and filver, as other minerals, precious ftones, quarries, woods, rivers, waters, fifhings, as well royal fifhings of whale and fturgeon as other fifhings, pearls, commodities, jurifdictions, royalties, franchises, privileges and pre-emimencies, within the faid territories, and the precincts there. of, and thereunto in any fort belonging or appertaining, and which we by our letters patent may or can grant, and in as ample manner and fort as we, or any of our royal progenitors, have hitherto granted to any company, body politic or corporate, or to any adventurer or adventurers, undertaker or un

dertakers

« PreviousContinue »