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REFERENCES. Text in Statutes of the Realm, V., 449-452. The act is cited as 15 Car. II., c. 7.

AN ACT for the Encouragement of Trade.

[IV.] AND in reguard His Majesties Plantations beyond the Seas are inhabited and peopled by His Subjects of this His Kingdome of England, For the maintaining a greater correspondence and kindnesse betweene them and keepeing them in a firmer dependence upon it, and rendring them yet more beneficiall and advantagious unto it in the farther Imployment and Encrease of English Shipping and Seamen, vent of English Woollen and other Manufactures and Commodities rendring the Navigation to and from the same more safe and cheape, and makeing this Kingdome a Staple not onely of the Commodities of those Plantations but alsoe of the Commodities of other Countryes and Places for the supplying of them, and it being the usage of other Nations to keepe their [Plantations '] Trade to themselves, Be it enacted . . . That from and after . . . [March 25, 1664,] . . .,noe Commoditie of the Growth Production or Manufacture of Europe shall be imported into any Land Island Plantation Colony Territory or Place to His Majestie belonging, or which shall [belong hereafter 2] unto, or be in the Possession of His Majestie . . . in Asia Africa or America (Tangier onely excepted) but what shall be bona fide and without fraude laden and shipped in England Wales [and] the Towne of Berwicke upon Tweede and in English built Shipping, or which were bona fide bought before .. [October 1, 1662,] . . . and had such Certificate thereof as is directed. [by the explanatory Navigation Act of 1662,] . . . and whereof the Master and three Fourthes of the Marriners at least are English, and which shall be carryed directly thence to the said Lands Islands Plantations Colonyes Territories or Places, and from noe other place or places whatsoever Any Law Statute or Usage to the contrary notwithstanding, under the Penaltie of the losse of all such Commodities of the Growth Production or Manufacture of Europe as shall be imported into any of them from any other Place whatsoever by Land or Water,

1 Plantation in the original Ms.

2 Hereafter belong in the original Ms.

3 The original Ms. has or.

and if by Water, of the Ship, or Vessell alsoe in which they were imported with all her Guns Tackle Furniture Ammunition and Apparell. . . .

[V.] PROVIDED alwayes . . . That it shall and may be lawfull to shipp and lade in such Shipps, and soe navigated as in the foregoeing Clause is sett downe and expressed in any part of Europe Salt for the Fisheries of New England and New found land, and to shipp and lade in the Medera's Wines of the Growth thereof, and to shipp and lade in the Westerne Islands or Azores Wines of the Growth of the said Islands, and to shipp [or 1] take in Servants or Horses in Scotland or Ireland, and to shipp or lade in Scotland all sorts of Victuall of the Growth or Production of Scotland, and to shipp or lade in Ireland all sortes of Victuall of the Growth or Production of Ireland, and the same to transport into any of the said Lands Islands Plantations Colonyes Territories or Places, Any thing in the foregoing Clause in the contrary in any wise notwithstanding.

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[VII.] AND it is hereby further enacted That if any Officer of the Customes in England Wales or Towne of Berwicke upon Tweede shall give any Warrant for or suffer any Sugar, Tobaccho, Ginger, Cotton, Wooll, Indico Speckle Wood or Jamaica Wood Fusticke or other Dying Wood of the growth of any of the said Lands Islands Colonyes Plantations Territories or Places to be carryed into any other Country or Place whatsoever untill they have beene first unladen bona fide and putt on shore in some Port or Haven in England or Wales or in the Towne of Berwicke, that every such Officer for such Offence shall forfeite his place and the value of such of the said Goods as he shall give Warrant for or suffer to passe into any other Country or Place. . .

No. 20.

Grant to the Duke of York

March 12/22, 1663/4

THE province of New Netherland, granted to the Duke of York, brother of Charles II., in March, 1663/4, was not surrendered to the English until the

1 And in the original Ms.

following August. By the treaty of Breda, in 1667, the English occupation was confirmed. On the renewal of the war between England and the United Netherlands, in March, 1672/73, New York was retaken by the Dutch, and a general act of confiscation was passed, including in its scope property of the King and of the Duke of York; but the treaty of Westminster, in 1674, providing for a mutual restoration of conquests, reëstablished the English control. To remove any doubt as to the validity of the grant of 1664, and other grants made under it, due to the temporary occupation by the Dutch, a second grant was made June 29/July 9, 1674, in terms only verbally different from the first.

REFERENCES. Text in Documents relating to the Colonial History of New York, II., 295-298. On the English conquest, see Sainsbury's Calendar of State Papers, Colonial, V. The so-called "Duke of York's Laws," 16761682, have been reprinted by the State of Pennsylvania (Harrisburg, 1879), in a volume containing also the charter and early laws of Pennsylvania.

Know ye that we

CHARLES the Second, . . . [ &c.] . . . . Do Give and Grant unto our Dearest Brother James Duke of York his Heirs and Assigns All that part of the maine Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New Scotland in America and from thence extending along the Sea Coast unto a certain place called Petuaquine or Pemaquid and so up the River thereof to the furthest head of the same as it tendeth Northwards and extending from thence to the River Kinebequi and so Upwards by the Shortest course to the River Canada Northward And also all that Island or Islands commonly called by the several name or names of Matowacks or Long Island situate lying and being towards the West of Cape Cod and the Narrow Higansetts abutting upon the main land between the two Rivers there called or known by the several names of Connecticut and Hudsons River together also with the said River called Hudsons River and all the Land from the West side of Connecticut to the East side of Delaware Bay and also all those several Islands called or known by the Names of Martin's Vinyard and Nantukes otherwise Nantuckett. . . . And the said James Duke of York doth ... covenant and promise to yield and render unto us . . . of and for the same yearly . . . forty Beaver skins when they shall be demanded or within Ninety days after And We do further . . . Grant unto . . . James Duke of York his Heirs, Deputies, Agents, Commissioners and Assigns by these presents full and

absolute power and authority to correct, punish, pardon, govern and rule all such the subjects of us . . . who may from time to time adventure themselves into any the parts or places aforesaid or that shall or do at any time hereafter inhabit within the same according to such Laws, Orders, Ordinances, Directions and Instruments as by our said Dearest Brother or his Assigns shall be established . . . So always as the said Statutes Ordinances and proceedings be not contrary to but as near as conveniently may be agreeable to the Laws, Statutes & Government of this Our Realm of England And saving and reserving to us

the receiving, hearing and determining of the Appeal and Appeals of all or any Person or Persons of in or belonging to the territories or Islands aforesaid in or touching any Judgment or Sentence to be there made or given And further that it shall . . . be lawful . . . for our said Dearest Brother his Heirs and Assigns by these presents from time to time to nominate, make, constitute, ordain and confirm by such name or names stile or stiles as to him or them shall seem good and likewise to revoke, discharge, change and alter as well all and singular Governors, Officers and Ministers which hereafter shall be by him or them thought fit and needful to be made or used within the aforesaid parts and Islands And also to make, ordain and establish all manner of Orders, Laws, directions; instructions, forms and Ceremonies of Government and Magistracy fit and necessary for and Concerning the Government of the territories and Islands aforesaid so always as the same be not contrary to the laws and statutes of this Our Realm of England but as near as may be agreeable thereunto.

No. 21.

Second Charter of Carolina

June 30/July 10, 1665

ALTHOUGH the Heath grant of 1629 had been declared void by an order in council, it had not been judicially annulled; and it was, apparently, to quiet the title to the province, as well as to enlarge the boundaries, that the second Carolina charter was obtained. With the exception of the definition of boundaries, given in the extract following, the provisions of the two charters are similar. The proprietary government under the charter continued, with

many vicissitudes, until 1719, when it was overthrown; but the proprietors maintained their ownership until 1729, when the title of seven-eighths of the colony was purchased by the Crown. The proprietor of the remaining oneeighth, Lord Carteret, exchanged his portion in 1743 for a narrow strip of land between 35° 34′ north latitude and the southern boundary of Virginia, which he retained until the Revolution. During most of the proprietary period the northern and southern colonies enjoyed separate governments, although the province was held as a unit; but with the purchase of the proprietary title by the Crown, in 1729, North and South Carolina became separate royal provinces, and so continued until the adoption of State constitutions in 1776.

REFERENCES. 1836), I., 31-40.

Text in Statutes at Large of South Carolina (Cooper's ed.,

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CHARLES the Second, . . . [&c.] . . . WHEREAS, by our Letters Patents, bearing date . . . [March 24, 1663,] . . . We were graciously pleased to grant unto . . . Edward Earl of Clarendon, our High Chancellor of England [and others] . . . all that province . . . called Carolina, situate, lying and being within our dominions of America; extending from the north end of the island called Luke-Island, which lieth in the Southern Virginia seas, and within thirty-six degrees of north latitude; and to the west, as far as the South-Seas; and so respectively as far as the river of Matthias, which bordereth upon the coast of Florida, and within thirty-one degrees of north latitude; and so west, in a direct line, as far as the South-Seas aforesaid.

2d. Now know ye, that we . . . . . are graciously pleased to enlarge our said grant unto them, according to the bounds and limits hereafter specified, . . . all that Province, territory, or tract of ground, scituate, lying and being within our dominions of America aforesaid, extending north and eastward as far as the north end of Charahake river or gulet, upon a streight westerly line to Wyonoake Creek, which lies within or about the degrees of thirty-six, and thirty minutes northern latitude, and so west in a direct line as far as the South-seas; and South and Westward as far as the degrees of twenty-nine inclusive northern latitude, and so west in a direct line, as far as the South Seas; together with all and singular ports, harbours, bays, rivers, and islets, belonging unto the Province or territory aforesaid. . . . 4th. And that the Province or territory hereby granted and described, may be dignified with as large Titles and Priviledges

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