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40-538: The South Carolina National Guard, or Carolina militia as it was originally known, was born from the Carolina Charter of 1663. The charter gave to the Proprietors the right "to Leavy Mu ſ ter and Trayne all sortes of men of what Conditon or where ſ oever borne in the said Province for the tyme being". The state had the nation's last elected adjutant general . The adjutant general of South Carolina

80-456: A North Carolina with its own assembly and deputy governor. In 1712, the division of Carolina into North and South was completed with the elevation of the deputy governor to governor of North Carolina. The Lords Proprietors failed to protect the settlers when enemies attacked or threatened the colony. For example, during Queen Anne's War (1702–1713), the colonists drove French and Spanish forces away from Charlestown. Again, between 1715 and 1718,

120-682: A barrister of the Inner Temple in 1603. By 1620, he was listed as one of the 40 patent holders for the Council for New England as the "Recorder of our Citie of London." In 1621 he was elected Member of Parliament for the City of London . He became solicitor-general in 1621, when he was knighted. In 1624 he was elected MP for East Grinstead and was re-elected in 1625. He married Margaret Miller, daughter of John Miller of Kent , and had six children, including Robert, John and Mary, who married

160-774: A call by the President or Congress . When National Guard troops are called to federal service, the President serves as Commander-in-Chief . The federal mission assigned to the National Guard is: "To provide properly trained and equipped units for prompt mobilization for war, National emergency or as otherwise needed." The Governor may call individuals or units of the South Carolina National Guard into state service during emergencies or to assist in special situations which lend themselves to use of

200-653: A commission established by the lord proprietor. The lord proprietor typically instructed the governor what to do. Only through those instructions could legislation be made. In 1629, King Charles I granted Sir Robert Heath (the attorney general ) the southern half of the English land in the New World between 36 degrees and 31 degrees north latitude from the Atlantic Ocean to the Pacific Ocean. The land

240-451: A division of the province into two sections: East Jersey which was held by Carteret and West Jersey which was held by Fenwick. Sir George Carteret died in 1680. His property was left to Trustees who put East Jersey up for sale in a public auction. In 1682, the property was sold to William Penn and eleven associates who each sold half of their share to twelve others, forming an association of twenty-four proprietors. This body became known as

280-566: A generous headright system whereby they granted 150 acres of land to each member of a family. An indentured male servant who served his term received his freedom dues from his master and a grant of one hundred acres from the Lords Proprietors. To attract planters with capital to invest, the Lords Proprietors also gave the owner and master the 150-acre headright for every slave imported to the Colony. These incentives drew 6,600 colonists to

320-583: A relative of the chief Proprietor, giving him the status of Landgrave with the right to claim 48,000 acres (190 km ) of land in a certain region. John Wyche was appointed as the Secretary to the Province and served in this role in the colony for a short period of six months before he received another appointment in Hamburg . Some of the documents relate to Wyche's activity in the colony. His successor to

360-401: A unique system of governance reflecting the geographic challenges of the area as well as the personality of the lord proprietor. The colonies of Maryland and New York, based on English law and administration practices, were run effectively. However, other colonies such as Carolina were mismanaged. The colonies of West and East Jersey, as well as Pennsylvania, were distinct in their diversion from

400-648: Is considered to be the Lord Proprietor of the Isle of Man . This usage is generally left ignored. Robert Heath Sir Robert Heath (20 May 1575 – 30 August 1649) was an English judge and politician who sat in the House of Commons from 1621 to 1625. Heath was the son of Robert Heath, attorney, and Anne Posyer. He was educated at Tunbridge grammar school ( Tonbridge School ), St John's College, Cambridge from age 14 and Clifford's Inn from age 17. He became

440-642: Is not accepted by Thomas G. Barnes, who argues that Heath with Sir Richard Shelton had displeased the King, and on an old matter: plantations in Ulster and the obligations of the City of London in an agreement made under James I, as interpreted in a lax fashion by the law officers of the Crown (Heath as Attorney General, Shelton as Solicitor General). The matter surfaced in a Star Chamber case in mid-1634. The King dismissed Heath with conditions making sure he could not join

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480-672: Is presently appointed by the governor. American law specifically charges the National Guard with dual federal and state missions. In fact, the National Guard is the only United States military force empowered to function in a state status. Those functions range from limited actions during non-emergency situations to full scale law enforcement when called upon with the suspension of the Posse Comitatus Act, normally reserved for extreme situations when local law enforcement officials can no longer maintain civil control. The National Guard may be called into federal service in response to

520-476: The High Peak lead miners against Francis Leke who claimed a tithe from them. Through the offices of Heath, the tithe right was eventually transferred, in a possibly corrupt way, to Christian Cavendish, Countess of Devonshire . From 1629 he was taking an entrepreneurial interest in the lead mines of Derbyshire , engaging Sir Cornelius Vermuyden as a partner in a major drainage operation at Wirksworth , at

560-714: The Adventures and All Such as Shall Settle or Plant There- 1664 This document outlines the distribution of power in New Jersey by the Lords Proprietors. The document includes the role Governor of the province, the right for the Governor to choose six counsellors, the role of the Chief of Secretary, the role of the Surveyor General and the colonists’ duty as subjects of the King of England. 5. A Declaration of

600-745: The Board of Proprietors of East Jersey. This board exercised government control, which eventually led to many conflicts within the colony. In 1702, East and West Jersey surrendered the right to government to the English Crown under Queen Anne following the Glorious Revolution . In the Province of New Jersey , there were two proprietary lordships: Lords Proprietary of East Jersey: Lords Proprietary of West Jersey: The British monarch , in his or her capacity as Sovereign Lord of Mann ,

640-568: The Court of Common Pleas in 1631. He lost this position, however, in September 1634. One theory why is that his religious stance had led him to oppose William Laud . In religion he was a Calvinist and anti- Arminian ; he had shown some leniency in the Star Chamber case against the iconoclast and extremist Henry Sherfield . Another theory relates to corruption. On the other hand, this

680-472: The Crown paid compensation for the Carteret loss . Two documents remain with the Lords Proprietors' original seal kept intact. In the 1690s, the Lords Proprietors were keen to implement their plan for a colonial aristocracy (an attempt to stabilize Carolina politics). One document is a grant or patent issued by the Lords Proprietors of South Carolina in 1699. It was issued to an Englishman named John Wyche,

720-425: The National Guard. The state mission assigned to the National Guard is: "To provide trained and disciplined forces for domestic emergencies or as otherwise provided by state law." Lord proprietor A lord proprietor is a person granted a royal charter for the establishment and government of an English colony in the 17th century. The plural of the term is "lords proprietors" or "lords proprietary". In

760-583: The Royalist politician Sir William Morley of Halnaker. Heath served King Charles I of England as Attorney General , from 1625. He owed his appointment to the influence of the Duke of Buckingham . Despite a reputation as a shadowy, opaque figure, records show him able to argue shrewdly and independently in order to reduce problems for the Crown. Heath brought a 1625 case in the Exchequer Court for

800-468: The Secretary position was John Wilmot. After a revolt against the Lords Proprietors in 1719, the colony came under royal control. This change in power was formalized by an Act of the English parliament in 1729 called "An Agreement with Seven of the Lords Proprietors of Carolina, for the Surrender of their Title and Interest in that Province". The documents include information about Wyche's land-claims and

840-491: The South Carolina assembly sent a petition to England and requested the proprietors to be replaced with Crown administration. King George I appointed royal governors for North and South Carolina and converted the colony's status to that of a royal colony (Britain ruled the colony but allowed the people self-government). In 1729, the Crown bought out seven of the eight of the Lords Proprietors for £22,500, approximately

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880-651: The True Intent and Meaning of us the Lords Proprietors, and Explanation of There Concessions Made to the Adventures and Planters of New Caesarea or New Jersey- 1672 This declaration outlines the rules for the General Assembly and the Governor. 6. His Royal Highness's Grant to the Lords Proprietors, Sir George Carteret, 29 July 1674 This document from King Charles II of England reiterates Sir George Carteret's claim to his land in America as laid out by

920-461: The amount that they had spent on the colony. The eighth proprietor, John Carteret, Lord Granville , refused to sell and retained title to the lands and quitrents in the northern third of North Carolina. When the Crown purchased the proprietors' interests in 1729 the successors of the eight proprietors proved to be: Some of the 1729 interests had been acquired not by inheritance but by purchase. The Carteret interest continued until independence, when

960-523: The attorney general, property in the New World. 2. A Declaration and Proposals of the Lord Proprietor of Carolina, 25 August – 4 September 1663 This charter issued by King Charles II of England proposed the formation of the Lords Proprietors and gave the lands of Carolina to the eight proprietors: the Earl of Clarendon, Duke of Albemarle, Lord Craven, Lord Berkeley, Lord Ashley, Sir George Carteret, William Berkeley and Sir John Colleton. This declaration gave

1000-602: The beginning of the European colonial era , trade companies such as the East India Company were the most common method used to settle new land. That changed after Maryland's Royal Grant in 1632, when King Charles I granted George Calvert, 1st Baron Baltimore , proprietary rights to an area east of the Potomac River in exchange for a share of the income derived there. Proprietary colonies later became

1040-571: The business was of major importance for the formulation of the Petition of Right . Heath notionally founded both North Carolina and South Carolina . He was on a commission to consider the tobacco trade with Virginia in 1627–8. In 1629 he was awarded a patent for the Province of Carolina ; but in fact he made no settlements there. The grant also mentioned the Bahamas , the beginning of their colonial history. Heath became Chief Justice of

1080-638: The colonists defended themselves against attacks by the Yamasee Indians and pirates . During these times of conflict, the colonists received little or no help from the proprietors. The elite group of settlers in Carolina, former West Indians known as the Goose Creek Men, grew increasingly frustrated with the Lords Proprietors because they meddled in politics but failed to defend the colony against Spanish and Native American attacks. In 1719,

1120-657: The colony by 1700 compared with only 1,500 in the Spanish colony of Florida. Carolina attracted English settlers, French Protestants ( Huguenots ) and other colonists from Barbados and the West Indies . The first government in Carolina began in Albemarle County in 1664, when William Sayle was appointed as the governor. Proprietary authority was weaker near the Virginia border. The Lords Proprietors established

1160-638: The defence team in this case. Heath returned to his practice as a barrister. His reputation as pro-Puritan, anti-Laudian did him no harm with the Long Parliament when Charles brought him back as a judge, making him Lord Chief Justice . One of Heath's cases as Lord Chief Justice during the First English Civil War led to his downfall. In 1642 he tried Captain Turpin, a blockade runner, at Exeter . A year later, Sir John Berkeley ,

1200-479: The lands still did not mention the lord proprietor's governing rights which led to continued confusion with colonial officials in New York. Two of New Jersey's governors during the area's time as a proprietary colony were arrested and imprisoned in New York for governing without the authority to do so. Berkeley sold his half of New Jersey to Edward Byllynge and John Fenwick. In 1676, Carteret and Fenwick negotiated

1240-637: The most common way to settle areas with British subjects. The land was licensed or granted to a proprietor who held expanse power. The powers were commonly written into the land charters by using the "Bishop of Durham clause," which recreated the powers and responsibilities once given to the County Palatine of Durham in England. That clause gave the lord proprietor the power to create courts and laws, establish governing bodies and churches, and appoint all governing officials. Each proprietary colony had

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1280-625: The ore-rich Dovegang Rake. Heath argued for the Crown in Darnel's Case (the Five Knights' Case) of 1627. The judges rejected his argument on absolute prerogative ; and a scandal blighted his reputation the following year, when it was revealed, or alleged, by John Selden that he had interfered with the King's Bench records (a felony), in order to promote the decision in the case to a binding precedent (an interpretation that has recently been disputed by Mark Kishlansky ). The agitation caused by

1320-613: The original patents. Definition Headright system- Each settler received a single headright (grant of land) for himself or herself. Quitrents- a fixed rent payable to a feudal superior in commutation of services In 1664, the English gained control of New Jersey from the Dutch. King Charles II granted the country to his brother, the Duke of York, who in turn sold the colony to two of his friends, Lord Berkeley and Sir George Carteret (who were both already Lords Proprietors of Carolina). The area

1360-830: The petition of the Cyril family for an endorsement of their rights under the 1699 grant (a claim that the Privy Council in London disallowed). The grant was originally written in Latin and is embossed on vellum with the Great Seal of the Proprietors attached. This seal and document is one of two such 17th century documents to survive with the seal intact. 1. Sir Robert Heath's Patent 5 Charles I, 30 October 1629 In this patent King Charles I of England gave Sir Robert Hearth,

1400-401: The proprietors the power to protect their colony, the right to settle the colony, freedom of religion and one hundred acres of land for each man. 3. Charter of Carolina- 24 March 1663 This charter outlined how the eight proprietors should rule Carolina. It gave the land to the proprietors, allowed for patronage, gave the proprietors absolute power in the colony, gave the colony's government

1440-484: The right to make laws, authorized the authority to make ordinances, gave instructions to defend the colony against enemies, outlined trade regulations, gave the proprietors building rights in the colony, allowed for an army and allowed the practice of religion conformed to the Church of England. 4. The Concession and Agreement of the Lords Proprietors of the Province of New Caesarea, or New Jersey, to and With All and Every

1480-418: The traditional monarchial system, which ruled most colonies of the time because of the large number of Quakers in those areas who shared many views with the lords proprietary. Effective governance of proprietary colonies relied on the appointment of a governor. The lord proprietor made the governor the head of the province's military, judicial, and administrative functions. This was typically conducted using

1520-487: Was appointed by the Lords Proprietors and was allowed to select his own Council, which constituted the upper branch of the Legislature. The new colony attracted many settlers because Berkeley and Sir George Carteret sold the land to the colonists at low prices and allowed them political and religious freedoms. The Dutch re-conquered the area in 1673 but then surrendered to the English in 1674. The new documents governing

1560-972: Was named " Province of Carolina " or land of Charles. Sir Robert's attempts at settlement failed and in 1645, during the English Civil War , he was stripped of all of his possessions as a Royalist supporter of the King. In 1663, eight members of the English nobility received a charter from King Charles II to establish the colony of Carolina. The eight Lords Proprietors were: The Lords Proprietors were anxious to secure Carolina against Spanish attacks from San Agustín in Florida, and to do so, they needed to attract more colonists. The Lords Proprietors offered English settlers inducements consisting of religious toleration, political representation in an assembly that had power over public taxes, exemption from quitrents , and large grants of land. The Lords allowed settlers of any religion except atheists. The Lords also had

1600-601: Was named "New Jersey" after Carteret's home island of Jersey in the English Channel. The grant, unique among other proprietary grants in the Americas, did not explicitly give the lord proprietors the power of government in the colony. Nonetheless, Berkeley and Carteret, established a constitution and gave freemen the right to elect an Assembly. A tax could not be levied without the Assembly's approval. The Governor

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