Page:1751 A collection of all the public acts of Assembly, of the province of North-Carolina now in force and use.pdf/20

x AND because that in so remote a Country, and situate among so many barbarous Nations, the Invasions of Savages and other Enemies, Pirates, and Robbers, may probably be feared; therefore, we have given, and for us, our Heirs and Successors, do give Power, by these Presents, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs or Assigns, by themselves, or their Captains, or other Officers, to levy, muster, and train up all sorts of Men, of what Condition soever, or wheresoever born, whether in the said Province, or elsewhere, for the Time being; and to make War, and pursue the Enemies aforesaid, as well by Sea, as by Land; yea, even without the Limits of the said Province, and, by God's Assistance, to vanquish, and take them; and being taken, to put them to Death, by the Law of War, and to save them at their Pleasure, and to do all and every other Thing, which to the Charge and Office of a Captain General of an Army, hath had the same.

Also, our Will and Pleasure is, and by this our Charter, we do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full Power, Liberty, and Authority, in Case of Rebellion, Tumult, or Sedition, (if any should happen, which God forbid) either upon the Land within the Province aforesaid, or upon the main Sea, in making a Voyage thither, or returning from thence, by him and themselves, their Captains, Deputies, or Officers, to be authorized under his or their Seals, for that Purpose; to whom also; for us, our Heirs and Successors, we do give and grant, by these Presents, full Power and Authority, to exercise Martial Law against any mutinous and seditious Persons of these Parts; such as shall refuse to submit themselves to their Government, or shall refuse to serve in the War, or shall fly to the Enemy, or forsake their Colours or Ensigns, or be Loyterers, or Straglers, or otherwise offending against Law, Custom, or Military Discipline; as freely and in as ample Manner and Form, as any Captain-General of an Army, by Virtue of his Office, might or hath accustomed to use the same.

AND our further Pleasure is, and by these Presents, for us, our Heirs and Successors, we do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, and to the Tenants and habitants of the said Province or Territory, both present and to come, and to every of them, that the said Province or Territory, and the Tenants and inhabitants thereof, shall not, from henceforth, be held or reputed any Member or Part of any Colony whatsoever in America, or elsewhere, now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to their Government in any Thing, but be absolutely separated and divided from