This section is from the book "Popular Law Library Vol1 Introduction To The Study Of Law Legal History", by Albert H. Putney. Also see: Popular Law-Dictionary.
Although there had been a number of small and ineffectual attempts at colonization prior to the time, nothing of importance was done towards the settlement of the Carolinas until 1663, when Charles II granted the territory to eight of his courtiers. The grantees were made absolute lords and proprietors of the country, the King reserving to himself and his successors sovereign dominion. They were empowered to enact and publish laws, with the advice and consent of the freemen, to erect courts and judicature, and appoint civil judges, magistrates and other officers; to erect forts, castles, cities and towns; to make war, and in cases of necessity to exercise martial law; to construct harbors, make ports, and enjoy custodies and subsidies on goods loaded and unloaded, by consent of the freemen. The charter granted freedom in religious worship. The philosopher, John Locke, and Ashley Cooper, Earl of Shaftsbury, in 1669, prepared a scheme of government for the colony, based upon feudal principles. The proposed system was un-suited for existing conditions, being, in fact, almost grotesque in many of its provisions, and was so unpopular with the settlers that no real attempt was ever made to put it into operation. The settlers of Carolina were of very diverse origins, including colonists sent directly from England by the Proprietors, emigrants from Virginia and the West Indies, Puritans from New England, French Huguenots, Jacobins, and Scotch Presbyterians. Clashes among the various elements were frequent and made Carolina one of the most turbulent of the colonies. After being several times divided and reunited, Carolina in 1729 was permanently divided into North Carolina and South Carolina, each of which was made a royal province. There was a strong Tory element in the Carolinas, but the Whigs were in the majority and took a vigorous part in the Revolutionary War.