of the Duke of York; but the treaty of Westminster, in 1674, mutual restoration of conquests, reëstablished the English emove any doubt as to the validity of the grant of 1664, and ade under it, due to the temporary occupation by the Dutch, t was made June 29/July 9, 1674, in terms only verbally the first.

5. — Text in Documents relating to the Colonial History of New 298. On the English conquest, see Sainsbury's Calendar of Colonial, V. The so-called "Duke of York's Laws," 1676n reprinted by the State of Pennsylvania (Harrisburg, 1879), ntaining also the charter and early laws of Pennsylvania.

S the Second, . . . [ &c.] . . . Know ye that we e and Grant unto our Dearest Brother James Duke Heirs and Assigns All that part of the maine Land of d beginning at a certain place called or known by the Croix next adjoining to New Scotland in America and extending along the Sea Coast unto a certain place quine or Pemaquid and so up the River thereof to the 1 of the same as it tendeth Northwards and extending to the River Kinebequi and so Upwards by the rse to the River Canada Northward And also all or Islands commonly called by the several name or Iatowacks or Long Island situate lying and being West of Cape Cod and the Narrow Higansetts abute main land between the two Rivers there called or e several names of Connecticut and Hudsons River o with the said River called Hudsons River and all om the West side of Connecticut to the East side of ay and also all those several Islands called or known es of Martin's Vinyard and Nantukes otherwise Nan. And the said James Duke of York doth . . . d promise to yield and render unto us . . . of and e yearly. . . forty Beaver skins when they shall be or within Ninety days after And We do further . . . James Duke of York his Heirs, Deputies,

and Assigns by those DROCOnto 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

-5° 34′ north latitude and the southern boundary of Virginia, ned until the Revolution. During most of the proprietary thern and southern colonies enjoyed separate governments, province was held as a unit; but with the purchase of the e by the Crown, in 1729, North and South Carolina became provinces, and so continued until the adoption of State consti

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

O.

S the Second,

[ &c.].

...

WHEREAS, by our nts, bearing date . . . [March 24, 1663,] . . . We sly pleased to grant unto . . . Edward Earl of ClarHigh Chancellor of England . . . [and others] . ince. . . called Carolina, situate, lying and being ominions of America; extending from the north end d called Luke-Island, which lieth in the Southern , and within thirty-six degrees of north latitude; and as far as the South-Seas; and so respectively as far as Matthias, which bordereth upon the coast of Florida, thirty-one degrees of north latitude; and so west, ne, as far as the South-Seas aforesaid.

know ye, that we . . . are graciously pleased to said grant unto them, according to the bounds and fter specified, . . . all that Province, territory, or ound, scituate, lying and being within our dominerica aforesaid, extending north and eastward as north end of Charahake river or gulet, upon a sterly line to Wyonoake Creek, which lies within. e degrees of thirty-six, and thirty minutes northern d so west in a direct line as far as the South-seas; and Westward as far as the degrees of twenty-nine inclusive titude, and so west in a direct line, as far as the South her with all and singular ports, harbours, bays, rivers, >elonging unto the Province or territory aforesaid. . . .

that the Province or territory hereby granted and

may be dignified with as large Titles and Priviledges

as any other parts of our Dominions and territories in that region, Know ye, that we . . . do . . . annex and unite the same to the

THE immediate object of the act of 1672 was to prevent the illegal trade in tobacco between the American colonies and the continent of Europe. Tobacco was one of the articles which, by the Navigation Act of 1660, could be exported only to England or to another colony; but the increasing demand for this product, together with the high price which must be paid for such tobacco as had paid customs duty in England, served to encourage smuggling and illicit trade. The distinguishing feature of the act of 1672 is the requirement of a bond that the "enumerated articles" would be landed in England, and the imposition of specified duties in case of failure of the merchant to comply.

REFERENCES. Text in Statutes of the Realm, V., 792, 793. The act is cited as 25 Car. II., c. 7. The regulation of the trade in tobacco was the subject of various acts; these are enumerated and discussed in the work of Beer, cited under No. 15, ante.

AN ACT for the incouragement of the Greeneland and Eastland Trades, and for the better secureing the Plantation Trade.

[V.] AND whereas by [the Navigation Act of 1660] . and by severall other Lawes passed since that time it is permitted to shipp, carry, convey and transport Sugar, Tobacco, Cotton-wooll, Indicoe, Ginger, Fusticke and all other Dying wood of the Growth, Production and Manufacture of any of your Majestyes Plantations in America, Asia or Africa from the places of their Growth Production and Manufacture to any other of your Majestyes Plantations in those Parts (Tangier onely excepted) and that without paying of Custome for the same either at ladeing or unladeing of the said Commodityes by meanes whereof the Trade and Navigation in those Commodityes from one Plantation to another is greatly increased, and the Inhabitants of diverse of those Colonies not contenting themselves with being supplyed with those Commodities for their owne use free from all Customes (while the Subjects of this your Kingdome of England have paid

...

great Customes and Impositions for what of them hath beene spent here) but contrary to the expresse Letter of the aforesaid Lawes have brought into diverse parts of Europe great quantities thereof, and doe alsoe [dayly 1] vend great quantities thereof to the shipping of other Nations who bring them into diverse parts of Europe to the great hurt and diminution of your Majestyes Customes and of the Trade and Navigation of this your Kingdome; For the prevention thereof . . . bee it enacted. That from and after [September 1, 1673,] . . . If any Shipp or Vessell which by Law may trade in any of your Majesties Plantations shall come to any of them to shipp and take on board any of the aforesaid Commodities, and that Bond shall not be first given with one sufficient Surety to bring the same to England or Wales or the Towne of Berwicke upon Tweede and to noe other place, and there to unloade and putt the same on shoare (the danger of the Seas onely excepted) that there shall be . . . paid to your Majestie . . . for soe much of the said Commodities as shall be laded and putt on board such Shipp or Vessell these following Rates and Dutyes, That is to say

For Sugar White the hundred Weight containing one hundred and twelve pounds five shillings;

And Browne Sugar and Muscavadoes the hundred weight containing one hundred and twelve pounds one shilling [and 2] six pence;

For Tobacco the pound one penny;

For Cotton-wooll the pound one halfe-penny;

For Indicoe the pound, two pence;

For Ginger the hundred Weight containing one hundred and twelve pounds one shilling;

For Logwood the hundred Weight containing one hundred and twelve pounds, five pounds,

For Fusticke and all other Dying-wood the hundred Weight containing one hundred and twelve pounds six pence;

And alsoe for every pound of Cacao-nutts one penny

1 Interlined in the Roll.

2 & in the original.