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Instructions to the Governor and Council of Albemarle County concerning the Fundamental Constitutions of Carolina
Carolina. Lords Proprietors.
1670
Volume 01, Pages 181-183

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[B. P. R. O. Col: Ent: Book. No. 20. P. 52.]
INSTRUCTIONS TO THE GOVERNOR AND COUNCELL OF ALBEMARLE.

Wee haveing agreed upon the Modell of Government herewith sent you Signed and Sealed by us to be the fundamentall Constitutions and forme of Government of our Province of Carolina for ever And not being able at present to putt it fully in practise by reason of the want of Landgraves and Cassiques and a sufficient number of people However intending to come as nigh it as we cann in the present state of affairs in all the Collony of our said Province you are therefore required

1. As soon as conveniently you cann after the receipt of theise our Instructions in our names to Issue out writts to the Fower Precincts of the County of Albemarle requireing each of them to elect five freeholders to be their representatives to whom the five persons chosen by us being added and who for the present represent the Nobillity are to be your Assembly They haveing chosen their Speaker you are in our names to require them to elect five persons which being joyned to those five deputed by us are to be your Councell by whose advice and consent or at least the major part of sixe of them all being summoned you are to governe according to the limitations and Instructions following observing what cann at present be put in practice of our Fundamentall Constitutions and forme of Government which Councell for the present to be in steed of the Grand Councell mentioned in our fundamentall Constitutions and form of Government And exercise the same powers and Jurisdictions the said Grand Councell is to doe by your fundamentall Constitutions and forme of Government

2. You are to cause all persons soe chosen to sweare Alleageance to our Soveraigne Lord the King, and Fidellity and submission to the Proprietors and the form of Government by them established; but in case any man for Religion sake be not free to sweare then shall he subscribe the same in a Book for that case provided which shall be deemed the same with swearing.

3. Yourselfe and the five Deputys of the respective proprietors are to represent the Pallatines Court and exercise the same Jurisdictions and powers that by our fundamentall Constitutions and forme of Government to that Court doth appertaine.

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4. You are by and with the consent of the Councell to establish such Courts and soe many as you shall for the present think fitt for the administration of Justice till our Grand Modell of Government cann come to be putt in execution.

5. You are by and with the Consent of the Assembly to make such laws as you shall from time to time find necessary, which laws being rattified by you and any three of our five deputys shall be in force as is in that case provided in the Twelfth and other Articles of our fundamentall constitutions and forme of Government. You are as soon as conveniently you cann to cause the Surveyor Generall to divide the Country into squares of 12000. acres By which we intend not to alter any mans Right but that those measures and rules that We have agreed on in our fundamentall Constitutions and forme of Government may the sooner and easier come to be putt in practice amongst you.

6. You are to take notice that we doe grant unto all Free persons that doe come to plant in Carolina before the 25th of December 1672 And are above the age of sixteene yeares, sixty acres of Land And to the said Free persons for every able man servant with a good fyerlocke 10lbs of powder and twenty pounds of Bullet sixty acres For every other sort of servant fifty acres And to each of the said servants when out of their time fifty acres to his or her proper use and behoofe and to their heirs &c for ever.

7. Any person haveing transported himselfe or servants into the County to plant shall make the same appeare to yourselfe and Councill who shall thereupon issue out a warrant to the Surveyor Generall to lay him out a parcell of Land according to the Proportion mentioned in theise our instructions And the Surveyor haveing done the same And the warrant with the Surveyor Generall's returne thereon being recorded And the person to whom this land is granted haveing sworne or subscribed Alleageance to our Soveraigne Lord the King and fidellity and submission to the Lords Proprietors and their fundamentall Constitutions and forme of Government You are under the Seale for that use provided to passe this following grant.

John Lord Berkeley of Stratton Lord Lieutenant of the Kingdome of Ireland and Pallatine of Carolina and the rest of the true and absolute Lords and Proprietors of Carolina To all persons to whom theise presents shall come greeting in our Lord God everlasting.

Know yee that we the said Lords and absolute Proprietors according to our Instructions dated at Whitehall the        day of January 1669 Remaining upon Record in the County of Albemarle in the Province

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aforesaid Doe hereby grant unto A. B. of the said County planter a Plantation containing        acres of land English measure lying and being in the Precinct of A. in the said County bounded N the said Land being due to the said A. B. by and for the transportation into this County of      persons whose names are upon Record under this Pattent. To have and to hould the said Plantation unto the said A. B. his heirs and Assignes for ever with Priviledge of Hawking Hunting, Fishing and fowling with all woods and trees, with what else is there standing, growing and being except all mines, and mineralls, and all quarrys of Jemms and pretious Stones. Yeilding and paying therefore unto us our Heirs and Successors yearely every twenty fifth day of March according to the English accompt one halfe penny of lawfull English money or the vallew thereof for every of the said acres to be houlden of us in Free and Common Soccage the first payement of the Rent to begin the five and twentieth day of March which shall be in the yeare 1670 Provided alwaies that if the said Land be not seated within one yeare after the date hereof then this Pattent to be void else to stand in full force Given at                      under the seale of our County of Albemarle this        day of        A. D. 1670. Being the sixth yeare of our possession of our Province of Carolina. Witness Peter Cartrett Esqre Governor and Commander in Cheife of our said County and our trusty and welbeloved our Councellors who have hereunto sett their hands the day and yeare above said.