"CVII. Since charity obliges us to wish well to the souls of all men, and religion ought to alter nothing in any man's civil estate or right, it shall be lawful for slaves, as well as others, to enter themselves, and be of what church or profession any of them shall think best, and therefore be as fully members as any freeman.But yet no slave shall hereby be exempted from that civil dominion his master hath over him, but be in all other things in the same state and condition he was in before.

"CVIII. Assemblies, upon what pretence soever of religion, not observing and performing the above said rules, shall not be esteemed as churches, but unlawful meetings, and be punished as other riots.

"CIX. No person whatsoever shall disturb, molest, or persecute another for his speculative opinions in religion, or his way of worship."

Four different modifications of these Constitutions were subsequently sent to the Province. The original Constitutions, consisting of 81 Articles, were signed by the Lords Proprietors, July 21, 1669, before the settlement of the colony. The second, of 120, were signed March 1, 1669-70. The third, of 120, were dated January 12, 1681-2.The fourth, of 121, were signed August 17, 1682. The fifth and last, consisting of 41, were dated April 11, 1698. They were intended to be the Fundamental and Unalterable Laws of the Province. The colonists were frequently urged to accept them; but the representatives of the people would neither receive nor sanction them, and they were finally laid aside. At length, the people became dissatisfied with the Proprietary Government, and, in 1719, placed themselves under the immediate protection of the King. The Assembly offered the government of the Province to Robert Johnson, the Proprietary Governor, which he refused, and they elected Colonel George Moor. When the account of this revolution reached England, Geo. I. appointed Francis

Nicholson, Provisional Governor, until arrangements should be made with the Lords Proprietors. He arrived in Charles-Town, May 21st, 1721, and published the Royal Commission. Seven of the Proprietors surrendered, September 29th, 1729, all their title to, and interest in, Carolina, to Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, in trust for the Crown. Seven-eighths of the Province were then vested in the following Proprietors, or Trustees: The Earl of Clarendon's Share, of one-eighth, was vested in the Hon. James Bertie;

The Duke of Albermarle's Share, in Hon. James Bertie, and Hon. Dodington Greville, in Trust for Henry, Duke of Beaufort;

The Earl of Craven's Share, in William, Lord Craven ;

Lord Berkley's Share, in Joseph Blake, of SouthCarolina;

Lord Ashley's Share, in Archibald Hutcheson, in Trust for John Cotton;

Sir John Colleton's Share, in his son, Sir John Colleton;

Sir William Berkley's Share, in the Hon. Henry Bertie, Mary Danson, and Elizabeth Moor, or some of them.

The Proprietors sold their shares for £17,500, which was £2500, for a full share to each of the Seven Proprietors. The Colonists owed them about £9000, for Quit-rents, which the King likewise purchased, for £5000. One-eighth of the Propriety and Quit-rents were reserved to John, Lord Carteret, his heirs, &e. Carolina having thus become a royal government, Geo. II. appointed Robert Johnson, as his Governor. He arrived in December, 1730.

The first settlement of this Province was attempted in 1660, by some colonists from Virginia. They landed at Port-Royal, but soon abandoned the enterprize. The second was likewise made at that place in 1670,

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by some colonists from England, under Col. William Sayle. He was appointed by the Lords Proprietors, July 26, 1669, "Governor of all that Territory or part of the Province of Carolina, that lies southward and westward of Cape Carteret."

Port-Royal is eligibly situated for a commercial town, having a deep and capacious harbour, admitting ships of the largest class, and in its neighbourhood a rich and fertile country. It is probable that, the Spaniards became jealous of the settlement of the English, in a country to which they laid claim, and that the Indians, under their influence, showed some marks of hostility. Whatever was the cause, it must have been urgent, to induce them to relinquish their improvements, and commence again the labour of a new settlement. They continued at Port-Royal but a few months, and then removed to the western bank of Ashley river," for the convenience of pasturage and tillage ;" and "on the first high land," laid the foundation of a town, which they named, in honor of the King, Charles-Town. The site of this settlement now belongs to Elias Lynch Horry. The creek in its neighbourhood was originally called Town creek, and is now known by the name of Old-town creek. The point made by the confluence of Ashley river and Wappoo creek, was then called Albermarle Point.

The removal of the Colonists to Ashley river took place in the year of their arrival from England. This is ascertained by a codicil to Colonel Sayle's will, made in Charles-Town, September 30, 1670.* His Will was made in Bermuda the preceding February, probably, on his passage from England. The codicil was proved before Governor West, April 10, 1671, in which Colonel Sayle styles himself," Governor of that part of the Province of Carolina, southward and westward from Cape Carteret, otherwise called Cape Romanoe."

Ramsay says the removal was in 1671. So. Ca. i. 2.
C

On the death of Governor Sayle, the Council elected Colonel Joseph West, a man of distinguished activity, courage and prudence. The codicil to Colonel Sayle's will having been proved before Colonel West, as Governor, April 10, 1671, is an evidence that the election was held before that period. In Trott's laws of the Province,* it is stated that, he was chosen, August 28, 1671. This is probably wrong, as he was styled Governor in the record of the proceedings of Parliament, held August 25, 1671. Subsequently, the Lords Proprietors made provision against the death of their Governor. They sent to some confidential person in the Province, a dormant commission for this office. But if at the time of a Governor's death, or absence, not to return, there should not be such a dormant commission, then the Lords Proprietor's deputies were directed to elect a Landgrave, if there should be one in the Colony, and if not, one of their own number, to serve until the pleasure of the Proprietors should be known.

Instructions were sent to the Governor, dated at Whitehall, May 1, 1671, which were called, "Temporary Laws, Commissions and Instructions from the Palatine, and the rest of the true and absolute Lords and Proprietors of the Province of Carolina, to the Governor and Council of Ashley River in the said Province." A model for the town was received at the same time, and was subsequently deposited in the office of the Surveyor-General.

The early records of the government of Carolina are incomplete. They appear to have been bound up at a period subsequent to their date, as some of the leaves have been misplaced, and others omitted or destroyed. The first page in the Journals of the Grand Council, is the 12th of their proceedings, and the 6th is preceded by the 25th. The first five pages are lost.

Introduction, page 13.

These, probably, contained their proceedings from the time of their arrival in the Province, until their removal to Ashley river, Several meetings of the Council have no year affixed to them, which now can only be ascer tained by a careful perusal of the context. Irrelevant matters are found in the same books, and among the records of Deeds, Warrants for land, Wills, &c. are found some of the Journals of the Grand Council. This arose from the circumstance of the Council, originally, exercising the various powers of a Court of Admiralty, Ordinary, Sessions, &c. or to the carelessness of the book-binder. The earliest record we have seen, and which we believe to be extant, is the following:

"Charles-Town, in the Province of Carolina.

"Colonel JOSEPH WEST, Governor. "In the Session of Parliament, viz: the 25th day of August, 1671, at Charles-Town, upon Ashley river in the Province of Carolina, aforesaid, pursuant to the Lords Proprietors directions; the said Parliament out of themselves chose five persons, namely, Mr. Thomas Gray, Mr. Maurice Mathews, Lieut. Henry Hughes, Mr. Christopher Portman, and Mr. Ralph Marshall, and the same day returned the names of the said persons, and presented them to the Governor and the Lords Proprietors Deputies, to be joined with the said Governor and Deputies as Members of the Grand Council for the people therein, to act and do as the Lords Proprietors have directed.

"At a meeting of the Governor and Council, August 28, 1671; sitting and present:

The Governor, Sir John Yeamans, Captain John Godfrey, Mr. Stephen Bull, Mr. William Owens, Mr. Thomas Gray, Mr. John Foster, Mr. Maurice Mathews, Mr. Henry Hughes, and Mr. Ralph Marshall."

Emigrants began now to arrive in numbers. Many came from England in a ship chartered by the Lords Proprietors. In order to provide for their accommo