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Colonial and State Records of North Carolina
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Commission to William Berkeley to appoint a Governor for Carolina
Carolina. Lords Proprietors.
1663
Volume 01, Pages 48-50

[B. P. R. O. Col: Ent: Book. Vol. 20. P. 3.]
COPPY OF A COMMISSION TO SIR WILLIAM BERKELEY TO CONSTITUTE AND COMMISSIONATE A GOVERNOR FOR ALBEMARLE RIVER.

Whereas his Majesty hath been graciously pleased by his Charter baring date the 24th day of March in the 11. yeare of his Reigne for him his heires and successors To give, grant and confirme unto us Edward Earle of Clarendine Lord Heigh Chancellor of England George Duke of Albemarle Master of his Majestie's horse, and Captain Generall of all his forces, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley Chancellor of his Majestie's Exchequor Sir George Carterett Knight and Barronet Vice Chamberline of his Majestie's household, Sir William Berkeley knight and Sir John Colleton knight and Barronet our heires and Assignes for ever, all that Terrytory or tract of Ground, now called the Province of Carolina syttuate, lyeing and being

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within his Majestie's Dominions in America extending from the north end of the Iland called Lucke Island, which lyeth on the Southerne Virginia Seas and within 36 degrees of the Northine Lattitude, and to the west as farr as the south seas aforesaid with all and singuler harbors, bayes, rivers, Isles and Islets belonging to the Country aforesaid and alsoe all the soyle, lands, fields, woods, mountaynes, farmes, lakes, rivers, bayes, Isles and Islets situate lyeing and being within the bounds and limitts aforesaid, with the fishing of all sorts of fish whales, sturgions and all other royall fishes in the sea, Bayes, Isles, Islets and rivers within the premises and the fish therein taken. And moreover a power to constitute and appoint Governors and all other necessary Officers both military and civill, and to make, enact and ordayne Lawes by and with the advise and consent of the freemen of the said Province or of the greater part of them there delligates or deputyes when and as often as neede shall require, and the said Lawes to putt in execution by our deputy Justices &c. with many other powers, emmunityes and priviledges as in the said Charter unto which for more certinety we referr ourselves is contayned;

Now know all men to whom these presents shall come that we the said Edward Earle of Clarendine Lord Heigh Chancellor of England, George Duke of Albemarle Master of his Majestie's horse and Captain Generall of all his forces, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley Chancellor of his Majestie's Exchequor, Sir George Carteret Knight and Barronet Vice Chambeline of his Majtie's household and Sir John Colleton Knight and Barronet, Doe by these presents give full power and ample authority unto the above named Sir William Berkeley Governor and Captain Generall of Virginia to nominate, constitute and appoynt such persons as he shall conceive fitting to be and continew Governor of all that parte of the province aforesaid which lyeth on the north east side or starboard side entring of the river Chowan now named by us Albemarle river togeather with the Islands and Isletts within tenn leages thereof, for the tearme and time of yeares from the date of his Commission which he shall receave from the said Sir William Berkeley, he behaveing himself well; and likewayes the same person or some other fitting person to be and continew Governor on the southwest or larboard side entring the same river, and from the entrance thereof 20 leagues up the river and from the river side myles southerly into the land, for the tearme and time of yeares from the date of the Commission that he shall receave from Sir William Berkeley, he behaveing himself well as aforesaid. And alsoe to nominate and appoint 6 fitting persons to be of the Councill of each Governor

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if two; to joyne with him or them in the Government in such manner as the said Sir William Berkeley shall direct, and to give the said Governor or Governors and his or there Counsell such power and authority as we by his Majestie's Charter have power to grante, for the well, good & peaceable government, of that Collony or those Collonyes, and those people that are setled or shall come to setle there on the Islands or Isletts aforesaid, and moreover to the said Governor or Governors and Councill or Councillors full and ample power to elect constitute and appoynt all Officers Millitary and Civill which shall be convenient and necessary (the Secrytary and surveyors onely excepted) which we by his Majesty's Charter have power to constitute to be and continued during pleasure or good behaviour according to the Charter aforesaid and our instructions given you hearewith to give the said Governor or Governors and Councill or Councillors power by and with the advise and consent of the freeholders or freemen or the Major parte of them there deputyes or delligates to make good and wholesome lawes ordinances and constitutions for the better Government and good of the Collony or Collonyes which lawes shall be transmitted to us within one yeare after publication, there to receave our rattification but to be in force until by us denyed and the denyall certified and then to sease; and the said lawes to be put in execution, as alsoe a power to the Governor or Governors to grante and confirm lands to such as are there or shall come there to setle and plant according to such proposealls and Instructions as we send you hearewith and to act and doe all other things that may conduce to the good, welfare and well government of the people as farr as the Charter aforesaid with our Instructions, shall impower them to doe.

Witness our hand and seales this        day of        1663.