USA > Georgia > A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. I > Part 35
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presents appointed, or hereafter from time to time to be elected and appointed in manner aforesaid, shall have, take or receive, directly or indirectly, any salary, fee, perquisite, benefit or profit whatsoever, for or by reason of his or their serving the said corporation, or common council of the said corporation, or president, chairman, or common council man, or as being a member of the said corporation. And our will and pleasure is, that the said herein before appointed president, chairman or common council men, before he and they act respectively as such, shall severally take an oath for the faithful and due execu- tion of their trust, to be administered to the president by the Chief Baron of our Court of Exchequer, for the time being, and by the president of the said corporation to the rest of the com- mon council, who are hereby authorized severally and respec- tively to administer the same. And our will and pleasure is, that all and every person and persons shall have, in his or their own name or names, or in the name or names of any person or persons in trust for him or them, or for his or their benefit, any office, place or employment of profit, under the said corpora- tion, shall be incapable of being elected a member of the said corporation ; and if any member of the said corporation, during such time as he shall continue a member thereof, shall in his own name, or in the name of any person or persons in trust for him, or for his benefit, have, hold, exercise, accept, possess or enjoy any office, place or employment of profit under the said corporation, or under the common council of the said corpora- tion ; such member shall from the time of his having, holding, exercising, accepting, possessing and enjoying such office, place and employment of profit, cease to be a member of the said corporation. And we do, for us, our heirs and successors, grant unto the said corporation and their successors, that they and their successors, or the major part of such of them as shall be present at any meeting of the said corporation, convened and assembled for that purpose by a convenient notice thereof, shall have power from time to time and at all times hereafter, to authorize and appoint such persons as they shall think fit, to take subscriptions, and to gather and collect such moneys as shall be by any person or persons contributed for the purposes aforesaid, and shall and may revoke and make void such
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authorities and appointments as often as they shall see cause so to do. And we do hereby, for us, our heirs and successors, ordain and direct, that the said corporation every year lay an account in writing before the chancellor or speaker, or com- missioners for the custody of the great seal of Great Britain, of us, our heirs and successors, the Chief Justice of the Court of King's Bench, the Master of Rolls, the Chief Justice of the Court of Common Pleas, and the Chief Baron of the Exchequer, of us, our heirs and successors, for the time being, or any two of them, of all moneys and effects by them received or expend- ed for carrying on the good purposes aforesaid. And we do hereby, for us, our heirs and successors, give and grant unto the said corporation and their successors, full power and au- thority to constitute, ordain and make such and so many by- laws, constitutions, orders and ordinances, as to them or the greater part of them, at their general meeting for that purpose, shall seem necessary and convenient for the well ordering and governing of the said corporation, and the said by-laws, consti- tutions, orders and ordinances, or any of them, to alter and annul as they or the major part of them then present shall see requisite ; and in and by such by-laws, rules, orders and ordi- nances, to set, impose and inflict reasonable pains and penalties upon any offender or offenders who shall transgress, break or violate the said by-laws, constitutions, orders and ordinances, so made as aforesaid, and to mitigate the same as they or the major part of them then present shall think convenient ; which said pains and penalties shall and may be levied, sued for, taken, retained and recovered by the said corporation and their suc- cessors, by their officers and servants from time to time to be appointed for that purpose, by action of debt or by any other lawful ways or means, to the use and behoof of the said corpo- ration and their successors ; all and singular which by-laws, constitutions, orders and ordinances, so as aforesaid to be made, we will, shall be duly observed and kept, under the pains and penalties therein to be contained, so always, as the said by-laws constitutions, orders and ordinances, pains and penalties, from time to time to be made and imposed, be reasonable, and not contrary or repugnant to the laws or statutes of this our realm ; and that such by-laws, constitutions and ordinances, pains and
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penalties, from time to time to be made and imposed ; and any repeal or alteration thereof, or any of them, be likewise agreed to, be established and confirmed by the said general meeting of the said corporation, to be held and kept next after the same shall be respectively made. And whereas the said corporation intend to settle a colony, and to make an habitation and planta- tion in that part of our province of South Carolina, in America, herein after described ; know ye, that we, greatly desiring the happy success of the said corporation, for their further encour- agement in accomplishing so excellent a work, have, of our 'foresaid grace, certain knowledge, and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant to the said corporation and their successors, under the reservation, limitation and declaration hereafter ex- pressed, seven undivided parts, the whole in eight equal parts to be divided, of all those lands, countries and territories situate, lying and being in that part of South Carolina, in America, which lies from the most northern part of a stream or river there, commonly called the Savannah, all along the sea coast to the southward, unto the most southern stream of a certain other great water or river called the Alatamaha, and westerly from the heads of the said rivers respectively, in direct lines to the South Seas ; and all that share, circuit and precinct of land within the said boundaries, with the islands on the sea lying opposite to the eastern coast of the said lands, within twenty leagues of the same, which are not inhabited already, or settled by any authority derived from the crown of Great Britain, to- gether with all the soils, grounds, havens, ports, gulfs and bays, mines, as well royal mines of gold and silver as other minerals, precious stones, quarries, woods, rivers, waters, fishings, as well royal fishings of whale and sturgeon as other fishings, pearls, commodities, jurisdictions, royalties, franchises, privileges and pre-eminences within the said frontiers and precincts thereof, and thereunto in any sort belonging or appertaining, and which we by our letter patents may or can grant ; and in as ample manner and sort as we may, or any our royal progenitors have hitherto granted to any company, body, politic or corporate, or to any adventurer or adventurers, undertaker or undertakers of any discoveries, plantations or traffic of, in, or unto, any foreign
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parts whatsoever, and in as legal and ample manner as if the same were herein particularly mentioned and expressed : To have, hold, possess and enjoy the said seven undivided parts, the whole into eight equal parts to be divided as aforesaid, of all and singular the lands, countries and territories, with all and singular other the premises herein before by these presents granted or mentioned, or intended to be granted to them the said corporation and their successors, for ever, for the better support of the said colony ; to be holden of us, our heirs and successors, as of our honour of Hampton Court, in our county of Middlesex, in free and common soccage, and not in capite ; yielding and paying therefor to us, our heirs and successors, yearly for ever, the sum of four shillings for every hundred acres of the said lands which the said corporation shall grant. demise, plant or settle ; the said payment not to commence or to be made until ten years after such grant, demise, planting or settling, and to be answered and paid to us, our heirs and suc- cessors, in such manner, and in such species of money or notes as shall be current in payment by proclamation from time to time in our said province of South Carolina ; all which lands, countries, territories and premises hereby granted, or mentioned and intended to be granted, we do, by these presents, make, erect and create, one independent and separate province, by the name of Georgia, by which name, we will, the same hence- forth be called ; and that all and every person or persons who shall at any time hereafter inhabit or reside within our said province, shall be and hereby are declared to be free, and shall not be subject to or be bound to obey any laws, orders, statutes, or con- stitutions which have been heretofore made, ordered and enacted, or which hereafter shall be made, ordered or enacted by, for or as the laws, orders, statutes or constitutions of our said province of South Carolina (save and except only the command in chief of the militia of our said province of Georgia, to our governor for the time being, of South Carolina, in manner hereafter declared) but shall be subject to and bound to obey such laws, orders, statutes and constitutions as shall from time to time be made, ordered and enacted, for the better government of the said province of Georgia, in the manner herein after declared. And we do hereby, for us, our heirs and successors, ordain, will and
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establish, that for and during the term of twenty-one years, to commence from the date of these our letters patent, the said corporation assembled for that purpose, shall and may form and prepare laws, statutes and ordinances, fit and necessary for and concerning the government of the said colony, and not repugnant to the laws and statutes of England, and the same shall and may present, under their common seal, to us, our heirs and successors, in our or their privy council, for our or their approbation or disallowance ; and the said laws, statutes and ordinances being approved of by us, our heirs and suc- cessors, in our or their privy council, shall from thenceforth be in full force and virtue within our said province of Georgia. And forasmuch as the good and prosperous success of the said colony, cannot but chiefly depend, next under the blessing of God and the support of our royal authority, upon the provident and good direction of the whole enterprise ; and that it will be too great a burthen upon all the members of the said corpora- tion, to be convened so often as may be requisite to hold meet- ings for the settling, supporting, ordering and maintaining the said colony : therefore we do will, ordain and establish, that the said common council for the time being, of the said corporation, being assembled for that purpose, or the major part of them, shall from time to time and at all times hereafter, have full power and authority to dispose of, extend and apply all the moneys and effects belonging to the said corporation, in such manner and ways, and by such expenses as they shall think best to conduce to the carrying on and effecting the good pur- poses herein mentioned and intended : and also, shall have full power, in the name and on the account of the said corporation, and with and under their common seal, to enter under any covenants or contracts for carrying on and effecting the pur- poses aforesaid. And our further will and pleasure is, that the said common council for the time being, or the major part of such common council which shall be present and assembled for that purpose, from time to time and at all times hereafter, shall and may nominate, constitute and appoint a treasurer or treas- urers, secretary or secretaries, and such other officers, ministers and servants of the said corporation, as to them or the major part of them as shall be present shall seem proper or requisite
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for the good management of their affairs ; and at their will and pleasure to displace, remove and put out such treasurer or treasurers, secretary or secretaries, and all such other officers, ministers and servants, as often as they shall think fit so to do, and others in the room, office, place or station of him or them so displaced, removed or put out, to nominate, constitute and appoint ; and shall and may determine and appoint such rea- sonable salaries, perquisites and other rewards for their labour, or service of such officers, servants and persons, as to the said common council shall seem meet ; and all such officers, servants and persons shall, before the acting their respective offices, take an oath, to be to them administered by the chairman for the time being of the said common council of the said corporation, who is hereby authorized to administer the same, for the faith- ful and due execution of their respective offices and places. And our will and pleasure is, that all such person and persons who shall from time to time be chosen or appointed treasurer or treasurers, secretary or secretaries of the said corporation, in manner herein after directed, shall, during such times as they shall serve in the said offices respectively, be incapable of being a member of the said corporation. And we do further, of our special grace, certain knowledge and mere motion, for us, our heirs and successors, grant, by these presents, to the said cor- poration and their successors, that it shall be lawful for them and their officers or agents, at all times hereafter, to transport and convey out of our realm of Great Britain, or any other our dominions, into the said province of Georgia, to be there set- tled, so many of our loving subjects, or any foreigners that are willing to become our subjects and live under our allegi- ance in the said colony, as shall be willing to go to inhabit or reside there, with sufficient shipping, armor, weapons, powder, shot, ordnance, munition, victuals, merchandise and wares, as are esteemed by the wild people, clothing, implements, furniture, cattle, horses, mares, and all other things necessary for the said colony, and for the use and defence, and trade with the people there, and in passing and returning to and from the same. Also we do, for ourselves and successors, declare, by these presents, that all and every the persons which shall happen to be born within the said province, and every of their children
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and posterity, shall have and enjoy all liberties, franchises and immunities of free denizens and natural born subjects, within any of our dominions, to all intents and purposes, as if abiding and born within this our kingdom of Great Britain, or any other dominion. And for the greater ease and encouragement of our loving subjects, and such others as shall come to inhabit in our said colony, we do, by these presents, for us, our heirs and successors, grant, establish and ordain, that for ever, hereafter, there shall be a liberty of conscience allowed in the worship of God, to all persons inhabiting or which shall inhabit or be resi- dent within our said province, and that all such persons, except papists, shall have a free exercise of religion ; so they be con- tented with the quiet and peaceable enjoyment of the same, not giving offence or scandal to the government. And our further will and pleasure is, and we do hereby, for us, our heirs and successors, declare and grant, that it shall and may be lawful for the said common council, or the major part of them, assem- bled for that purpose, in the name of the corporation, and under the common seal, to distribute, convey, assign and set over such particular portions of lands, tenements and hereditaments by these presents granted to the said corporation, unto such of our loving subjects naturally born or denizens, or others, that shall be willing to become our subjects, and live under our allegiance in the said colony, upon such terms, and for such estates, and upon such rents, reservations and conditions as the same may be lawfully granted, and as to the said common council, or the major part of them so present, shall seem fit and proper. Pro- vided always, that no grants shall be made of any part of the said lands unto any person being a member of the said corpo- ration, or to any other person in trust for the benefit of any member of the said corporation ; and that no person having any estate or interest in law or equity in any part of the said lands, shall be capable of being a member of the said corpora- tion, during the continuance of such estate or interest. Pro- vided also, that no greater quantity of lands be granted, either entirely or in parcels, to or for the use or in trust for any one person than five hundred acres ; and that all grants made con- trary to the true intent and meaning hereof. shall be absolutely null and void. And we do hereby grant and ordain, that such
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person or persons for the time being, as shall be thereunto appointed by the said corporation, shall and may at all times, and from time to time hereafter, have full power and authority to administer and give the oaths appointed by an act of parlia- ment made in the first year of the reign of our late royal father, to be taken instead of the oaths of allegiance and supremacy ; and also the oath of abjuration, to all and every person and persons which shall at any time be inhabiting or residing with- in our said colony ; and in like cases to administer the solemn affirmation to any of the persons commonly called quakers, in such manner as by the laws of our realm of Great Britain the same may be administered. And we do, of our further grace, certain knowledge and mere motion, grant, establish and ordain, for us, our heirs and successors, that the said corporation and their successors, shall have full power and authority for and during the term of twenty-one years, to commence from the date of these our letters patent, to erect and constitute judica- turies and courts of record, or other courts, to be held in the name of us, our heirs and successors, for the hearing and de- termining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things whatsoever, arising or happening within the said province of Georgia or between persons of Georgia ; whether the same be criminal or civil, and whether the said crimes be capital or not capital, and whether the said pleas be real, personal or mixed ; and for awarding and making out executions thereupon ; to which courts and judicaturies, we do hereby, for us, our heirs and successors, give and grant full power and authority, from time to time, to administer oaths for the discovery of truth, in any matter in controversy or depending before them, or the solemn affirma- tion to any of the persons commonly called quakers, in such manner as by the laws of our realm of Great Britain the same may be administered. And our further will and pleasure is, that the said corporation and their successors, do from time to time and at all times hereafter, register or cause to be regis- tered all such leases, grants, plantings, conveyances, settle- ments and improvements whatsoever, as shall at any time hereafter be made by or in the name of the said corporation, of any lands, tenements or hereditaments within the said
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province ; and shall yearly send and transmit, or cause to be sent or transmitted, authentic accounts of such leases, grants, conveyances, settlements and improvements respectively, unto the auditor of the plantations for the time being, or his deputy, and also to our surveyor for the time being of our said prov- ince of South Carolina, to whom we do hereby grant full power and authority from time to time, as often as need shall require, to inspect and survey such of the said lands and premises as shall be demised, granted and settled as aforesaid, 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 reserva- tions herein before mentioned, and for no other purposes what- soever ; hereby, for us, our heirs and successors ; strictly enjoining 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 corpora- tion or common council of the same, on the pain of forfeiture 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 com- puted 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
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is, that no act done at any meeting of the said common council of the said corporation, 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 expira- tion 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, style or styles, as to them shall seem meet and fitting, all and singular such governors, 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 Geor- gia, 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 suc- cessors, 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
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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 en- counter, 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 fitting ways, enterprises and means whatsoever, all and every such person or persons as shall at any time hereafter in any hostile manner attempt or enterprise 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 offence and defence, and to commit from time to time the custody or government of the same to such person or per- sons as to them shail seem meet ; and the said forts and fortifi- cations to demolish at their pleasure ; and to take and surprise, 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 prov- ince 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 estab- lished ; 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, anything 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
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