To his Excellency the Palatin and Lords Proprietors of Carolina
The humble address of the Present General Assembly of North Carolina.
We being at this time by God's gratious assistance met to perfect so far as in us lyes, the recovery of this your Lordships poor Country out of a most wretched confusion. Do beg leave with all humility to lay before your Lordships the present state thereof, and the steps that have been taken towards the resetling of the Government, and restoring the necessary Course of Justice together with what opposition our endeavours have met with: And tho we are under a necessity of mentioning the troubles we have laboured under and the causes of them, yet we are very unwilling to enlarge upon that ungrateful subject which out of charity to many of our fellow subjects, who have been unhappily mislead and imposed upon, we had rather should be forever buried in oblivion: we therefore think it at this time sufficient to inform your Lordships that some restless and giddy heads among the people called Quakers persuing their wonted practice and indefatigable endeavours to oppose (we may rather say) to extirpate the Church, after they had procured several changes in the Government being perhaps encouraged by their former success did in the year 1708 joyne with Coll: Cary, Mr Porter and Mr Moseley and other malecontents and some persons of desperate fortune at Pamplico raised an Insurrection against the Government then duely established by a Commission from your Lordships and to which they themselves had submitted, and having by force and other sinister means got the records and offices into their hands, they set up an arbitrary Government which by discords amongst themselves soon fell piecemeal to the ground; till that nothing remained but confusion, disorder and oppression, these matters may it please your Lordships are notorious and need no proof, the disorders being increased to that degree, that the continual clamour amongst our selves, and the reproach we lay under in the neighbouring Colonies, as also the grievous complaints made on behalf of the Poor Palatins, put all who had any sense of duty either to God or man under a necessity of seeking some remedy for these detestble Edward Hyde Esqre being arrived here, and it appearing by Letters from Collo Tynt and other testimonys that he was appointed by your Lordships to be our Govr we could not but look upon him to be the most proper person to retrieve us out of this distress. And therefore many endeavours were made to put the Government into his hands which were opposed and frustrated by Collo Cary, but in a little time Mr Hyde's great candour and gracefull behaviour so far prevail'd with the best, and the awefull respect to his family and interest overawed others that Collo Cary found himself under a necessity of complying or being deserted by all those that yet adher'd to him, whereupon Mr Hyde was unanimously chosen by all who could pretend to have a Suffrage in the election, upon which a Council was called to appoint Courts of Judicature, and necessary ministers and to call an Assembly, to which Council Collonel Cary and Mr Porter were both called but without any reason refused to give their attendance, on the contrary they have used all possible and most malitious and odious endeavours, having caused the records and Seal to be detained to obstruct it and all regullar proceedings and to overturn the Government and introduce the former confusion and miserys, for which their seditious practices we were under a necessity to bring them to a Tryal (the account of which being herewith sent) your Lordships will be thereby further informed. And now the Government to the general satisfaction of all men being thus put into some order, we ernestly pray your Lordsps favourable construction of what has been done and that your Lordships would assent to these Acts we have herewith sent: And whereas in the first there is a provision for continuing the Government, we do not therein presume to give Rules to your Lorships but out of a deep sense of the miserys we have already felt to prevent the like untill your Lordships shall according to your great wisdoms appoint a better method being verrily persuaded that your Lordships have not been informed of the want of such a necessary provision, And whereas in the second Act all proceedings during these two years last past are made void, which however it may seem severe, yet we found it necessary because of the unheard of iregularities and unlawful judgments therein past, as appear by the copys which have been given out of their Courts, which could not be anywise provided for, whilst they conceal all their Journals and Records. That an inspection cannot be made: we thought it better that a few should be compelled to bring their suits over, than many beo Cary, Mr Porter, and Mr Moseley from having any share in the Government, which is all the punishment we pray may be inflicted for many crimes and misdemeanours they are justly chargeable with, we have but one thing more to lay before your Lordsps which is the sale and surveys of your Lordships Lands concerning which the complaints are so numerous and grevious, and all the accounts we have yet had from either Mr Moseley or the secretarys Office so short and unsatisfactory; that no certain account can be had till a careful review be made; thus much only is certain that many surveys have been returned for Tracts of land, whereon the Surveyor has never sett his foot, we hope this matter will be reduced into some better order by Mr Lawson who as he has been a very zealous promoter of the settlement of this Country so we doubt not but he will be serviceable to your Lordships in this office, which at this time needs a skillfull and faithful manager, we pray leave further to supplicate your Lordships on behalf of several of the new Inhabitants who have imported themselves and familys at a great charge into this Government during these Troubles, upon the encouragement given of having Land by purchase, and there being no settled Government, was under a necessity of settling themselves upon any Land they found vacant, or else to have removed themselves into some other Country to their great disappointment or utter ruine, we hope your Lordships will consider their case and give order that they may have their lands granted on the same terms, that other your Lordships grants have, who had the fortune to import themselves at a happier juncture.
We lastly beg your Lordships that if any person shall malitiously make any other representac̄on of the state of the Country and Proceedings that we have here done, that your Lordships would be pleased to suspend your belief till we can make reply assuring your Lordships that
An Act for the better and more effectual preserving the Queen's peace, and the establishing a good and lasting foundation of Government in North Carolina.
Whereas several revolutions have heretofore happened in this Colony which were fomented and carried on by factious and seditious persons to the great loss and Damage of the Inhabitants thereof, and to the repeated breaches of her Majesty's peace and violation of the Loyalty and Obedience due from Subjects to their lawfull Sovereigns and Superiors;t now lawfully established: disturb or obstruct any lawfull Officer in the executing his Office, or that shall instigate others to Sedition Caball or meet together to contrive invent suggest or incite rebellions, Conspiracys Riotts or any manner of unlawfull Feuds or differences thereby to stir up against or malitiously to contrive the Ruin and Disturbance of the Queen's peace, and of the safety and tranquility of this Government, the said person or persons so offending shall and are to be reputed as utter Enemys to the Queen's peace, and the Welfare and good of this Government, and shall be punished accordingly by fine, imprisonment, pillory or otherwise at the discretion of the Justices of the General Court, who are hereby impowered to heare and determine the same, and the said person or persons so offending, shall be compelled to give good and sufficient security for his or their good behaviour during the Courts pleasure, and be incapable of bearing any office or place of Trust within this Government for the space of three years or accordingly as the Demeritt of the Crime, shall appear before the Judges thereof and if any person or persons shall at any time hereafter, know of such evill practices as aforesaid, and shall conceal the same, that then they shall be punished in the same manner as if they themselves had committed such Crimes. And for the further prevention of traiterous Conspiracys and Rebellions against her sacred Majesty of Great Brittain her Crown
An Act entitled an Act for redressing several grievances, abuses and illegal proceedings whereby the poor Inhabitants have been wronged as well in their Titles of Land, as in the payments of certain sums of money extorted from them without sufficient acquittances.
Whereas many of the poor Inhabitants of this Government have greviously complained that Coll. Thomas Cary pretending a power to dispose of the Lords proprietors Lands and to receive the moneys for the consideration of the same, have upon that pretext received and taken securities for several sums of money of the Inhabitants of this Government as the consideration of several Tracts of land by them purchased according to the Instructions, Rules and Ordinances made by authority from the Lords Proprietors upon Record in this Government, and for several fees and charges thereon accruing; Yet many of them the said Inhabitants have not their Titles to their respective Tracts of Land made and executed according to the true intent and meaning of the said Instructions: And whereas his Excellency the Lord Palatin and Lords Proprietors have by their Instructions appropriated the money ariseing and becoming due to them for the relief of the poor Palatines lately transported into this Government by the Honoble Chrito Baron de Graffenreid, Wee therefore the Commons assembled do pray that it be enacted and be it enacted by his Excellency the Palatin and Lords proprietors by and with the advice and consent of this present General Assembly and the authority thereof And it is hereby enacted that the said Coll: Thomas Cary shall within two months next after the publication hereof appear before the President and Council or Commissioners by them thereunto appointed, and deliver up all such bills, obligations or other securitys by him taken as aforesaid And make payment of all such sum or sums of money which he hath received on behalf of the Lords Proprietors as aforesaid, that so the people may be saved harmless from any further claim to be made for the same And the Titles of their land may be secured, and that the said poor palatins may be supplyd therewith according to the said Instructions. And be it enacted by the authority aforesaid that in case the said Coll: Thomas Cary shall refuse or neglect to appear and deliver up the said Bills or other securitys and make payment as aforesaid, That then and in such cases the same shall be levy'd upon his good and chattells, Lands and Tenements, Rights and Creditsble the President directed to the provost Marshal of the several Counties or their deputys. And it is further enacted by the authority aforesaid that no alienation assignment, bargain, or sale, made after the publication of this Act shall be of any effect or pleadable against the execution of this Act, and for the better discovery of what sum or sums of money are in the hands of the said Thomas Cary (the Land Office with all books, records and papers thereunto belonging being feloniously detained or otherwise imbeziled by Mr Emll Low) so that a true account thereof cannot be had. Be it further enacted by the authority aforesaid that all persons holding or claiming any Tracts of Land by purchase shall within two months after publication hereof give just account upon Oath what Land they hold or lay claim to, to the persons hereafter named that is to say in the precinct of Chowan to the Honoble Coll: Thomas Pollock in the precinct of Pequimons to the Honoble Wm Glover in the precinct of Pasquotank to the Honoble Nathaniel Chevin in the precinct of Curratuck to the Honoble Richd Sanderson Esqre in the precinct of Pamplico to Mr Joel Martin in the precinct of Wickham to Mr John Jordan in the precinct of Archdale to Capt: Lyonell Reading and Capt: William Brice upon penalty of being deprived of all benefit of this Act and forfeiting to the true and absolute Lords proprietors of this province the summ of ten pounds to be recovered by action of debt in the General Court wherein no Essoign protection or wager of Law shall be allowed And whereas grievous complaint have been made that Mr Edward Moseley hath taken upon him to set out and survey the Lords proprietors Lands without due Entry made or lawfull authority for the same, and therein have not proceeded according to the Rules and Instructions in that case provided, so that many illegal imperfect and irregular Surveys have been made and several sums of money have been unlawfully extorted, from several of the Inhabitants upon pretence of Fees and assignment of rights to the great wrong of the Lords proprietors and loss and damage of the people for remedy whereof Be it enacted by the authority aforesaid that the said Edward Moseley shall within forty days after publication of this Act give Bond with good security in the sum of five hundred pounds to the Honoble Edward Hyde Esqre who is hereby appointed Trustee on behalf of the people with condition that the said Edward Moseley shall pay back and refund unto the respective persons all such sum or sums of mony and deliver up all such Bills or specialtys as he hath received for security upon pretence of fees, or composition for assignment of Rightsth day of July in the year 1708 the Government was unlawfully usurped, the course of Justice subverted, and an arbitrary power set up by which several sums of money have unlawfully been levyed upon the people her Majesties' subjects imprison'd and unjust judgements given and execution thereon had and obtained. Be it therefore enacted by the authority aforesaid that all suits, judgements proceedings and Levys made from and after the day aforesaid untill the two and twentieth day of January last past shall and are hereby declared to be null and void: and where executions have been had out of any pretended Court or Courts, a writt of restitution shall issue out at the suit of the party aggrieved which shall be signed by the Clerk of the Court wherein such judgement was obtained, whereof the pretended Court shall be evidence, Provided that restitution for any sum levyed upon pretence of publick charge, shall be made as hereafter shall be appointed by Act of Assembly,