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Instructions to the Governor of Albemarle County
Carolina. Lords Proprietors.
February 05, 1679
Volume 01, Pages 235-239

[B. P. R. O. Col: Ent: Book. No. 20. P. 135.]
INSTRUCTIONS TO JOHN HEARVEY ESQre PRECIDENT AND THE COUNCELL OF THE COUNTY OF ALBEMARLE IN THE PROVINCE OF CAROLINA.

1. Wee haveing agreed upon the Modell of Government herewith sent you signed and sealled 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 put it fully in practice by Reason of the want of Landgraves and Cassiques, and a sufficient number of People, however intending to come as nigh it as wee can in the present state of affaiers in all the Collonys of our said Province.

2. You are therefore required as soon as conveniently you can after the receipt of these our Instructions in our names to issue out writts to the fower Precincts of the County of Albemarle requiring each of them to elect five freehoulders who are to be their representatives, to whome the

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five persons chosen by us being aded, and who for the present represent the Nobillity are to be your Assembly, they haveing chosen their speaker you are in our names to requier them to elect five persons which being joyned to those five deputed by us are to be the Councell, by whose advice and consent or at least the Major parte of six of them, all being summoned, you are to Governe according to the Limitations and Instructions following observing what can at present be put in practice of our fundamentall Constitutions and forme of Government which Councell for the present is to be insteede of the Grand Councell mentioned in our fundamentall Constitutions and forme of Government, and to exercise the same power and Jurisdictions the said Grand Councell is to doe by our fundamentall Constitutions and forme of Government.

3. You are to cause all persons so chosen to sweare Alleagence to our Soveraigne Lord the King, Fidellity and submission to the Proprietors and forme of Government by them established; but in case any man for Religion's 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. Your selfe 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.

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, can come to be put in execution.

5. You are by and with the consent of the Assembly to make such Laws as you shall from time to time finde necessary which Laws being rattifyed by you, and any three of our five Deputys, shall be in force as 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 can to cause the Surveyor Generall to divide the Countrey into squares of twelve thousand acres By which wee intende not to alter any man's right but that those measures and rules that wee have agreed on in our fundamentall Constitutions and forme of Government may the sooner and easier come to be put in practice amongst you.

6. You are to take notice that wee doe grant unto all free persons that doe come to plant in Carolina before the 25th day of December, 1684 and are above the age of sixteene yeares sixty akers of land and to the said free persons for every able man servant with a good fyerlock tenn pounds of powder and twenty pounds of Bullet sixty akers and for every other sort

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of servant fifty akers 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 Councell who shall thereupon issue out a warrant to the Surveyor Generall to lay him out a parsell of land according to the proportion mentioned in these 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 the land is granted haveing sworne or subscribed Alleagence to our Soveraigne Lord the Kinge and fidellity and submission to the Lords Proprietors and their fundamentall Constitutions and forme of Government you are the seale for that use provided to pass this following Grant.

Sir George Carteret Knight and Barronet Vice Chamberlin of his Majesty's househould one of the Lords of his Majesty's most honorable privy Councell Pallatine of Carolina and the rest of the true and absolute Lords and Proprietors of Carolina To all persons to whome these presents shall come greeting in our Lord God everlasting Know yee that wee the said Lords and absolute Proprietors according to our Instructions dated at Whitehall the 5th day of February 1678-9 remaineing upon record in the County of Albemarle in the Province aforesaide doe hereby grant unto A. B. of the said County planter a plantation containeing      akers of land English measure lying and being in the precinct of A. in the County of        bounded N the said land being due to the said A. B. by and for the transportation into the County of        persons whose names are upon Record under this pattent to have and to houlde the said Plantation unto the said A. B. his heires and assignes for ever with priviledge of Hawking hunting fishing and fowling, with all woods and trees with what else is there growing standing and being except all mines mineralls all Quarrys of jems and Pretious Stones Yealding and paying therefore unto us and our heires and successors yearly every 29th day of September according to the English accompt one penny of lawfull English money or the value thereof for every of the said Akers to be houlden of us in free and common Soccage the first payment of the Rent to begin the 29th of September which shall be in the yeare 1684 Provided always that if the said land be not seated within one yeare after the date hereof then this pattent to be voide else to stand in full force Given at        Under the Seale of the County of Albemarle this        Day of        Anno Domini        Being the        yeare of our possession of our Province of Carolina. Witness John Harvey Esqre President and Commander in

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Cheefe of our said County and our trusty and welbeloved our Councellours who have hereunto set their hands the day and yeare above saide.

8. Although by our fundamentall Constitutions wee have reserved to ourselves one penny per aker rent of all lands in Carolina Yet for as much as there are divers persons in the County of Albemarle who were possest of land there by virtue of Grants from Sir William Berkeley at one farthing per aker quitt Rent and others were possest of and had Rights to land whilst by our Instructions to our Governours of Albemarle wee reserved to ourselves but one halfe penny per aker quitt Rent, wee think it just that those persons should injoy their lands under the same quitt rents they were granted to them when by virtue of our Instructions Lands were due to them for haveing come into the Countrey themselves or brought or sent servants to plant there, Wherefore you are in our names and according to the forme in these Instructions prescribed to pass our grant to all persons at one farthing per aker quitt rent who shall desire such grants and shall make it appeare to yourselfe and our Deputies that they had grants from Sir William Berkeley under that quitt rent before the 25th day of December in the yeare of our Lord 1663 and have not forfited the same by virtue of the Act of the Parliament there by us, past and confirmed the 20th of January 1669 intituled an Act for the spedier seating of Land, and you are to pass the like Grants at one halfe penny per aker quitt rent to all persons who shall desire the same and have rights to land before the publishing these Instructions and have not forfited the same by Virtue of the Act aforesaide, but you are not in the grants of one farthing per aker nor one halfe penny per aker to allow the same time for the beginning of the payment of quitt Rent that is allowed to those who are to pay one penny per aker quitt Rent, for wee expect those who are to pay but one halfe penny per aker quitt rents, their rent shall be paid from the time they ought to have bin paide by virtue of our Instructions if the persons had, had their lands pattented as soon as it was run out for them and those who hath pattents from Sir William Berkely before the yeare of our Lord 1663 wee expect should pay the said quitt rents from the time they were to have paid them by the said pattents.

9. You are to choose some fitting place in a Collony whereon to builde the cheefe towne of Albamarle in the choice of which place you are to have regarde to health plenty and easy access, you are to endeavour to get the Parliament to raise where-withall to build a house for the meating of the Councell and Parliament in the said towne and when the said house is erected the Councell and Parliament are alwayes to sitt there

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and also the Surveyors Registers and Secretarys offices are there to be kept and in no other place, and also the Court of Common please and Sessions of the peace, and you are to get the Parliament to pass an Act that noe Store shall be kept Strong drink or any goods soulde by retayle but in the said towne and you are to cause all vessels that shall come into Albemarle river there to loade and unloade as by our fundamentall Constitutions is required.

10. You the President of our said Councell are to be Commander in Cheefe of all the forces raised or to be raised in our County of Albamarle over whom you are to place officers and to cause them to be duely exercised in Armes, and to doe all other thing and things that to a Commander in Cheefe of an Army doth belong, and you are to summon the Councell to meet as often as you shall see cause and are to doe and execute all those powers and authoritys which by virtue of our fundamentall Constitutions temporary Lawes or Instructions a Governor ought to doe.

11. You are also by and with the consent of the Major parte of our Deputys to adjourne prorogue and dissolve the Parliament as to you shall seeme most convenient for the good and quiet of our County.

Given under our hands at Whitehall this 5th day of February 1678-9.