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Instructions to the Lords Proprietors of Carolina concerning the Governor of Carolina
William III, King of England, 1650-1702
January 22, 1699
Volume 01, Pages 496-504

[B. P. R O. B. T. N. Carolina. Vol. 4. P. 59.]
ORDERS AND INSTRUCTIONS TO OUR RIGHT TRUSTY AND RIGHT WELLBELOVED, OUR RIGHT TRUSTY AND WELLBELOVED OUR TRUSTY AND WELLBELOVED THE LORDS PROPRIETORS OF CAROLINA IN AMERICA IN PERSUANCE OF SEVERALL LAWS RELATING TO Ye TRADE AND NAVIGATION OF THIS OUR KINGDOME OF ENGLAND AND OUR COLONYS & PLANTATIONS IN AMERICA GIVEN AT KENSINGTON Ye 22d DAY OF JANUARY IN Ye TENTH YEARE OF OUR REIGNE.

William R

You shall give directions and take especiall care that ye Comander in chief of our Province of Carolina for ye time being doe in ye first place informe himself of ye Principall Lawes relating to ye Plantation Trade vizt. The Act for incouraging and increasing of shipping and navigation made in ye 12th year of our most Dearly Beloved Uncle of ever Blessed Memory King Charles ye Second, The Act for preventing frauds and regulating Abuses in ye Customes made in ye 14th yeare of ye said King's Reigne; The Act for Encouragemt of trade made in ye 15th year of ye said King's Reigne; The Act for regulating Plantation trade made in ye 22d and 23d year of ye said King's Reigne; The Act for ye Encouragemt of ye Eastland and Greenland Trade and better securing ye Plantation Trade made in ye 25th yeare of ye said King's Reigne, and ye Act for

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preventing fraudes and regulating abuses in ye Plantation trade made in ye 7th and 8th year of our Reign All which Lawes you will herewith receive, and that he take a Solemn Oath to doe his uttmost that all ye Clauses matters and things contained in ye before Recited Acts of Parlmt heretofore passed and now in force relating to our Colonys and Plantations be punctually observed according to ye true Intent and meaning thereof.

2dly And as by ye last recited Act ye Officers apointed by ye Governors for performance of certain things mentioned in ye aforesaid Act for ye Encouragemt of Trade comonly knowne by ye name of Navall Officers are to give security to ye Comisrs of Our Customes in England for ye time being or such as shall be apointed by them for our use for ye true and faithfull Performance of their Duty and shall take care that ye person by him so imployed do not only give such security to ye said Comisrs of our Customes but be approved of by them in manner as is thereby enjoyned.

3dly Whereas by ye said Act of Navigation no goods or Comoditys whatsoever are to be imported into or exported out of any of our Lands Islands or territorys in America in any other ships or vessels whatsoever but in such as do truly and without fraude belong to our People of England Ireland Dominion of Wales, or towne of Berwick upon Tweed or are of ye built of and belonging to any of our Islands sd Lands or territorys as ye Proprs and right owners thereof, and whereof ye Master and three fourths of ye Marriners at least are English under ye forfeiture and loss of all ye Goods & Comoditys which shall be imported into or exported out of any of ye said places in any other ship or vessell as also of ye ship or vessell with her Guns and furniture &c, and whereas by a Clause in ye aforesaid Act of fraudes no forreigne built ship (that is to say) not built in any of our Dominions of Asia, Africa or America or other then such as shall bona fide have been bought before ye first day of October 1662 and expressly named in a list thereby appointed to be made of all forraigne built ships in all ye ports of England shall enjoy ye privilege of a ship belonging to England or Ireland, altho' owned or mannd by English, except such ships onely as shall be taken at sea by letters of Mart or Reprizall and condemnation made in ye Court of Admiralty as lawful Prizes, But all such ships shall be deemed as Aliens ships, and be lyable to all Dutyes that Aliens ships are liable to, by virtue of ye aforesaid Act for ye encouraging and increasing of shipping and Navigation and whereas by a Clause in ye aforesaid Act for preventing fraudes and regulating Abuses in ye Plantation trade, 'tis enacted that

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after ye 25th of March 1698 no Goods or Merchandize whatsoever, shall be imported into or exported out of any of our Colonys or Plantations in Asia, Africa or America or shall be loaden in or carryed from any one Port or place in ye same our Kingdom of England, Dominion of Wales or Towne of Berwick upon Tweed in any ship or bottom but what is or shall be of ye Built of England or of ye Built of Ireland or of ye sayd Colonys or Plantations and wholly owned by ye people thereof or any of them, and navigated with ye Master and three fourths of ye Marriners of ye said Places onely except such ships onely as shall be taken prize and condemnation thereof made in one of our Courts of Admiralty in England, Ireland or ye sayd Colonys or Plantations as aforesaid, and whereof ye property dos belong to English men with an exception for 3 years to such foreign built ships as shall be imployed by ye Comissioners of our Navy for ye time being or upon Contract with them in bringing onely Masts, Timber, and other Navall stores for our service from our Colonys or Plantations aforesaid to this our Kingdome to be navigated as aforesaid and whereof ye property dos belong to English men on ye paine of ye forfeiture of ye ships and goods And whereof by another Clause of ye said Act for ye more effectuall prevention of frauds which may be used by colouring foreigne ships under English names tis further enacted that from and after ye 25th of March 1698 no ship or vessell whatsoever shall be deemed or pass as a ship of ye Built of England, Ireland, Wales, Berwick, Guernsey, Jersey or any of our Plantations in America so as to be qualified to trade to from or in any of ye said Plantations untill ye Person or Persons claiming property in such ship or vessell shall register ye same in maner thereby apointed. The Comander in chief of our Province of Carolina for ye time being shall take care and give in charge that these matters and things be duely observed in our said Province according to ye true intent and meaning of ye said Acts, and ye Offences and Offenders prosecuted according to ye directions thereof And where it is required that ye Master and three fourths of ye Marriners be English he is to understand that ye true intent and meaning thereof is that they shall be such during ye whole voyage unless in case of sickness Death or being taken prisoners in ye voyage to be proved by ye Oath of ye Master or other chief officer of ye ship and none but our subjects of England, Ireland or ye Plantations aforesaid are to be accounted English

4thly Whereas by ye said Act of Navigation tis further enacted for every ship or vessell which shall sett saile out of or from England, Ireland, Wales or Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one Surety to

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yee cheif officer of ye Customes of such Port or Place from whence ye said ship shall sett saile to ye value of £1000 if ye ship be of less burden then hundred tons and of ye sume of £2000 if ye ship shall be of greater burden, that in case ye said ship or vessell shall loade any of ye Comodityes therein enumerated, vizt, sugar Tobacco, cotton, wooll, Indigo, Ginger, Fustick or other dying wood of ye growth production or manufacture of any English Plantation in America Asia Africa or any of ye said English Plantations that ye same Comodityes shall be by ye said ship brought to some Port of England, Ireland, Wales or to ye Port or Towne of Berwick upon Tweed and be there unloaden and put on shore (ye danger of ye seas onely excepted) and for all ships coming from any Port or Place to any of ye aforesaid Plantations which by this Act are permitted to trade there that the Governor of such English Plantations shall before ye said ship or vessell be permitted to loade on borde any of ye said Comodityes take bond in maner and to ye value aforesaid for each respective ship or vessell that such ship or vessell shall carry all ye aforesaid goods that shall be loaden on board ye said ship to some other of our English Plantations, or to England, Ireland, Wales or Berwick and that every ship or vessell which shall loade or take on bord any of ye aforesaid untill such Bond be given to ye said Governor or Certificate produced from ye Officer of any Custome house of England, Ireland, Wales or Berwick, that such Bond has been duely given there shall be forfeited with her Guns Tackle, Apparell and Furniture to be imployed and recovered as therein is directed, He is to take notice that tho' by ye said Act ye word (Ireland) is to be inserted in ye condition of ye Bond and permission given thereby to being ye enumerated Plantation Goods to Ireland as well as to England Wales or Berwick, yet by ye aforesaid Act for regulating ye Plantation Trade (which being expired was revived and now in force (ye word Ireland) is to be left out of ye condition of such Bonds, and he is not to permitt any ships or vessells to loade any of ye enumerated Goods upon any Certificates of Bonds having been given in Ireland, but in that case before they loade any of ye said goods, they are to produce certificates of Bonds given in England, Wales or Berwick under ye hands and seales of ye Customer and Comptroller of our Customs or their Deputys in such Port from whence ye respective ships shall come syned also by four or more of ye Commissioners of our Customes in Ireland or to give bond to himself or ye person apointed to receive ye same with good security as aforesaid and if any ship or vessell shall trade or take on bord any of ye said Comodityes untill such Bond given or Certificate produced ye said ship or vessell is to be forfeited with her guns &c to be recovered and divided in maner as is thereby directed:

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5thly He shall carefully examine all certificates which shall be brought to him of ships giving security in this Kingdome to bring their loading of Plantation Goods hither as also certificates of having discharged their loading of Plantation Goods in this Kingdom pursuant to their Security and where there shall be reasonable Ground of suspition that ye certificates of having given security in England is false. In such case he or ye person apointed under him shall require and take sufficient security for ye discharge of ye Plantation lading in our Kingdom of England Dominion of Wales or at ye towne of Berwick upon Tweed, and where there shall be cause to suspect that ye certificates of having discharged ye lading of Plantation in this our Kingdom is false & counterfeit he shall not cancell or vacate ye security Given in ye Plantations untill he shall be informed from ye Comisrs of our Customs in England that ye matter of ye said certificate is true, and if any person or persons shall counterfeit raze or falsify any such certificate or shall Knowingly or wittingly make use thereof he shall prosecute such person for ye forfeiture of ye sum̄e of £500 according to a clause of ye aforesd Act for preventing frauds or regulating abuses in ye Plantation trade, and pursuant to ye said Act he shall take care that in all such Bonds to be hereafter given or taken in ye Plantations vizt. in our Province of Carolina ye sureties therein named be persons of Knowne Residence and ability there for ye value mentioned in ye said Bond be within 18 months after ye date thereof (ye danger of ye seas onely excepted) to produce certificates, of having landed aud discharged ye Goods therein mentioned in one of our Plantations or in our Kingdom of England, otherwise to attest ye copy of such Bond under his hand and seale, and to cause prosecution thereof.

6thly He is to understand that ye paymts of ye rates and Dutys imposed (by ye Aforesaid Act for ye Encouragemt of ye Eastland and Greenland Trade and for ye better securing ye Plantation trade) on ye severall Plantation Comodityes therein anumerated dos not give liberty to carry ye said goods to any other place then to some of our Plantations or to England, Wales or Berwick onely, and that notwithstanding ye payment of ye said Dutys, Bond must be given to carry ye said Goods to some of our Plantations or to England, Wales or Berwick, and to no other place.

7thly He shall every three months or oftner or otherwise as there shall be oportunity of conveyance to England transmitt to ye Comisrs of our Customes in England a list of all ships or vessells trading within our said Province according to ye forme and specimen herewith sent to you and he shall cause demand to be made of every Master at his clearing of an Invoyce of ye contents and quality of his lading &c according to ye

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forme herewith also sent you and to inclose copy thereof by some other ship, or for want of such oportunity by ye same ship under cover sealed and directed to ye said Comisrs of our Customes in England and send another copy thereof in like manner to ye Collectors thereof of that Port in England for ye time being to which such ship shall pretend to be bound.

8o Whereof by ye aforesaid Act for ye encouragemt of trade no Comoditys of ye growth, production or manufacture of Europe except salt for ye fishery of New England, & Newfoundland, wines of ye growth of Maderas or western Islands or Azores Servants and horses from Scotland or Ireland and all sortes of victuals of ye growth and production of Scotland and Ireland shall be imported into any of our Colonys or Plantations but what shall be bona fide and without fraud laden and shipt in England, Wales or at Berwick and in ships duely qualifyed; He shall use his uttmost endeavour for ye due observance thereof, and if contrary hereunto any ship or vessell shall import into our said Province any Comoditys of ye growth production or manufacture of Europe but what are before excepted of which due proof shall not be made that ye same were laden or shipt in some Port in England, Wales or at Berwick by producing Cackets or certificates under ye hands and seales of ye Officers of our Customes in such Port or Place where ye same were laden, such ship or vessell and goods are to be forfeited He is to give in charge that ye same be seized or prosecuted accordingly.

9o And in order to prevent ye acceptance of forged Cockets or certificates which has been practised to our great prejudice he is to give effectuall orders that all such European Goods as by ye said Act are to be shipt or laden in England, Wales or at Berwick, Cockets for ye same from hence be produced to ye Collector or other officers of our Customes in our said Province of Carolina for ye time being before ye unlading thereof. And he shall give order that no European goods be landed but by warrant of ye said Collector in ye presence of an Officer apointed by him, and for ye better prevention of frauds of this kind the Comander in chief of our said province for ye time being shall take care that according to ye said Act of trade no ship or vessell be permitted to lade or unlade any goods or Comoditys whatsoever untill the Master or Comander thereof shall first have made knowne to him or such officer or other person as shall be thereunto Authorized and apointed ye Arrivall of sd ship or vessell with her name, and ye name and Surname of her Master and has shewne that she is a ship duely navigated and otherwise qualifyed according to Law and has delivered to him or such other person as aforesaid

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a true and perfect Inventory of her lading together with ye place or places in which ye said goods were laden and taken into ye said ship or vessell under forfeiture of such ship and goods.

10o He shall not make or allow of any By lawes usages or Customes in our said province of Carolina which are repugnant to ye Lawes herein before mentioned or any of ym so far as they do relate to our sayd plantations or any of them or to any other Law hereafter, to be made in this our Kingdom so farr as such law shall relate to and mention ye said Plantations But he shall declare all such Lawes, Bylawes, usages or Customes in our sayd Province, which are anywise repugnant to ye forementioned Lawes or any of them, to be illegall, null and voyd to all intents & purposes whatsoever.

11o He shall be ayding and assisting to ye Collector & other officers appointed or that shall hereafter be apointed by ye Comrs of our Customes in England by and under ye authority and direction of our Lord High Treasurer of England or Comisrs of our Treasury in England for ye time being in putting in execution ye severall acts of Parliament before mentioned and he shall cause due prosecution of all such persons as shall any ways hinder or resist any of our said Officers of our Customes in ye performance of their duty.

12o He shall take care that upon any actions suites and Informations that shall be brought comenced or entred in our said province of Carolina upon any Law or statute concerning our Dutys or ships or Goods to be forfeited by reason of any unlawfull Importations or Exportations there be not any jury but of such as are Natives of England or Ireland or are born in any of our said Plantations.

13. If he shall discover that any persons or their assignes clayming any right or property in any Islands or Tracts of Land upon ye continent of America by Charters or Letters Patents shall at any time hereafter alien sell or dispose of any of ye said Islands, Tracts of Land or Proprietys other then to our naturall born subjects of England, Ireland, Wales or Berwick without ye Licence and consent of us our heirs and Successors by our or their order in Councill first had and obtained He shall give notice thereof to us or to our Lord High Treasurer of England or Comisrs of our Treasury in England for the time being.

14. He shall take care that all Places of trust in ye Courts of Law or in what relates to ye Treasury of our said Province be in ye hands of our Native born subjects of England or Ireland or ye Plantations.

15. He shall from time to time correspond with ye Comisrs of our Customes here in England for ye time being and advize ym of all failures, neglects,

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frauds and misdemeanours of any of ye Officers of our Customes in our sd Province and shall also advize ym as occasion shall offerr of all occurrences necessary for their information, relating either to ye aforesaid Laws of trade and navigation and to our Revenues of Customes and other dutys under their management both in England and ye Plantations.

16. Whereas by ye aforesaid Act for preventing fraudes and regulating abuses in ye Plantation trade 'tis provided for ye more effectuall prevention of frauds which may be used to elude ye Intention of ye said Act by colloring foreigne ships under English names that from and after ye 25th of March 1698 no ship or vessell shall be deemed or pass as a ship of ye built of England, Ireland, Wales, Berwick, Guernsey, Jersey or any of our Plantations in America so as to be qualifyed to trade to, from, or in any of our said Plantations untill ye person or persons clayming property in such ship or vessell shall register ye same in maner thereby directed And whereas by an Act past in ye minth and tenth yeare of our Reigne entitled an Act for enlarging ye time for registering of ships pursuant to ye Act for preventing frauds and regulating abuses in ye Plantation trade nine months longer time from ye said 25th of March 1689 are granted and allowed for ye registring of such ships. And it is provided that all such ships or vessels being registered within ye said nine months shall have and enjoy all such benefit and advantage of ye aforesaid Act as they might or could have had in case they had been registered before ye 25thof March 1698 The Comander in chief of our said Province for ye time being shall take care that no foreigne built ship be permitted to pass as a ship belonging to our Kingdom of England, Ireland, Wales or to our town of Berwick upon Tweed untill proof be made upon oath of one or more of ye owners before ye Collector or Comptroller of our Customes in such Port to which she belongs or upon like proof before ye said Comander in chief with ye principall Officers of our revenue residing in our said Province if such ship shall belong to our said Province which oath ye said Comander in chief and ye Officers of our customes respectively are authorized to administer in maner thereby directed And being attested by him or them so administring ye same, and registred in due forme according to ye specimen thereunto annexed, he shall not fayle immediately to transmit a duplicate thereof to ye Court Comisrs of our Customes in London in order to be entered in a general Register to be there kept for that purpose with penalty upon every ship or vessell trading to, from or in any of our said Plantations in America after ye said 25th of March 1689 and nine months longer as aforesaid and not having made proof of her built and property as by ye forementioned Act

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is directed that she shall be lyable to such prosecution and forfeiture as any foreigne ship, except Prizes condemned in our High Court of Admiralty) would for trading with our plantations by ye said law be lyable unto with this Proviso that all such ships as have been or shall be taken at Sea by Letters of Mart or Reprisall and Condemnation thereof made in our High Court of Admiralty of England as lawfull shall be registered specially, mentioning ye capture and condemnation instead of ye time and place of building with proof also upon oath that ye entire property is English before any such Prizes be allowed ye privilege of an English built ship according to ye meaning of ye said Act, and that no ships names registered be afterwards changed without registring such ships de novo (which by ye said Act is required to be done upon any Transfer of property to any other Port) and delivering up ye former certificate to be cancelled under ye same penaltys and in like Method and that in case of any alteration of Property in ye same Port by ye sale of one or more shares in any ship after registring thereof such sale shall always be acknowledged by endorsemt on the certificate of Register before two witnesses in order to prove that ye entire Property in such ship remaines to some of our subjects of England if any dispute shall arise concerning ye same.

17. And whereas notwithstanding ye many good Laws made from time to time for preventing of frauds in ye plantation trade which have been enumerated in these and former Instructions it is manifest that very great Abuses have been and continue still to be practiced to ye prejudice of ye same wch abuses must needs arise from ye Insolvency of ye persons who are accepted for security, or from the remisness or conivance of such as have been or are Governors in ye severall Plantations who ought to take care that those persons who give bonds should be duly prosecuted in case of nonperformance. He is to take notice that wee take ye good of our Plantations. and ye Improvemt of ye trade thereof by a strict and punctuall observance of ye severall laws in force concerning ye same to be of so great importance to ye Benefit of England and to ye advancing ye dutys of our Customes here that if wee shall hereafter be informed, that at any time there shall be any failure in ye due observance of those Laws within our Province of Carolina by any willfull fault or neglect on your part, wee shall look upon it as Infraction of those Laws tending to ye forfeiture of our Letters Patent for ye Government of that our said Province.

By his Majesty's Comand
JA. VERNON.