George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c. To Our Trusty and Welbeloved George Burrington Esqre Greeting,
We reposing especial trust and confidence in the prudence Courage and Loyalty of you the said George Burrington of our especial grace certain knowledge and meer motion have thought fit to constitute & appoint and by these presents do constitute and appoint you the said George Burrington to be our Captain General and Governor in Chief in and over our Province of North Carolina in America.
And we do hereby require and command you to do and execute all things in due manner that shall belong unto your said command And the trust we have reposed in you according to the several powers & authorities granted or appointed you by this present Commission and the Instructions herewith given you or by such further powers instructions or authorities as shall at any time hereafter be granted or appointed you under our signet & Sign Manual or by our Order in Our Privy Council & according to such reasonable Laws & Statutes as are now in force or shall hereafter be made and agreed upon by you with the advice andt in such manner and form as is hereafter expressed.
And Our will and pleasure is that you the said George Burrington (after the publication of these our letters patents) do in the first place take the Oaths appointed to be taken by an Act passed in the first year of the reign of our late Royal Father of blessed memory entituled An Act for the further security of his Majtys person & government & the succession of the Crown in the heirs of the late Princess Sophia being Protestants & for extinguishing the hopes of the pretended Prince of Wales and his open & secret Abettors As also that you make & subscribe the Declaration mentioned in an Act of Parliament made in the 25th year of King Charles the Second, entituled An Act for preventing dangers which may happen from Popish Recusants And likewise that you take such oath as is usually taken by the Governors of our Colony of Virginia mutatis mutandis for the due execution of the Office & trust of our Capt. General & Govr of our said Province for the due & impartial administration of Justice And further that you take the Oath required to be taken by Governors of Plantations to do their utmost that the several laws relating to the Plantations be observed which said Oath & Declaration our Council in our said Province or any three of the Members hereof have hereby full power & authority & are required to tender & administer unto you and in your absence to our Lieut. Govr if there be any in the place All which being duly performed You shall administer unto the Members of our sd Council as also to our Lieut. Govr if there be any upon the place the said Oaths mentioned in the said Act entituled An Act for the further security of his Maj. person & government and the succession of the Crown in the heirs of the late Princess Sophia being Protestants & for extinguishing the hopes of the pretended Prince of Wales & his open & secret abettors As also to cause & make them subscribe the aforementioned Declaration & to administer to them the Oath for the due execution of their places & trusts
And We do hereby give and grant unto you full power & authority to suspend any of the Members of our said Council from sitting voting & assisting therein if you shall find just cause for so doing.
And if it shall at any time happen that by the death departure out of our said Province Suspension of any of our said Councillors or otherwise there shall be a vacancy in our said Council (any three thereof we do hereby appoint to be a quorum) Our Will & Pleasure is that you signify the same unto us by the first opportunity that We may under our Signet & Sign Manual constitute & appoint others in their stead.
But that our affairs at that distance may not suffer for want of a due number of Councillors if ever it shall happen that there shall be less than seven of them residing in our sd Province We do hereby give & grant unto you the said George Burrington full power and authority to choose as many persons out of the principal Freeholders Inhabitants thereof as will make up the full number of our sd Council to be seven and no more which persons so chosen & appointed by you shall be to all intents & purposes Councillors in our sd Province until either they shall be confirmed by us or that by the nomination of others by us under Our Sign Manual & Signet our said Council shall have seven or more persons in it
And We do hereby give & grant unto you full power & authority with the advice & consent of Our said Council from time to time as need shall require to sum̄on and call General Assemblies of the said Freeholders & Planters within your government according to the laws & usages of our sd Province of No. Carolina.
And our will and pleasure is that the persons thereupon duly elected by the major part of the Freeholders according to such laws & usages as aforesd & of the respective Counties & places & so returned shall before their sitting take the Oaths mentioned in the said Act entituled An Act for the further security of his Maj. person & the succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales & his open & secret abettors as also to make & subscribe the forementioned Declaration (which Oaths & Declaration you shall commissionate fit persons under our seal of North Carolina to render & administer to them and until the same shall be so taken & subscribed no person shall be capable of sitting tho' elected) And We do hereby declare that the persons so elected & qualifyed shall be called and deemed the General Assembly of our said Province & Territory of North Carolina.
And that you the said George Burrington with the consent of the sd Council & Assembly or the major part of them respectively shall have full power & authority to make constitute and ordain Laws Statutes & Ordinances for the public peace welfare & good government of our said Province and of the people & inhabitants thereof and such others as shall resort thereto & for the benefit of us our Heirs and Successors which said Laws Statutes & Ordinances are not to be repugnant but as near as may be agreeable to the Laws & Statutes of this our Kingdom of Great Britain
Provided that all such Laws Statutes & Ordinances of what nature or duration soever be within three months or sooner after the making thereof transmitted unto us under our said seal of North Carolina for our approbation or disallowance of the same as also Duplicates thereof by the next Conveyance.
And in case any one or all of the said Laws Statutes & Ordinances not before confirmed shall at any time be disallowed & not approved & so signified by us our Heirs & Successors under our or their Signet & Sign Manual or by order of our or their Privy Council unto you the said George Burrington or the Commander in chief of our sd Province for the time being then such & so many of the said Laws Statutes & Ordinances as shall be so disallowed & not approved shall from thenceforth cease determine & become utterly void & of none effect anything to the contrary notwithstanding.
And to the end that nothing may be passed or done by our said Council or Assembly to the prejudice of us our Heirs & Successors We will and ordain that you the said George Burrington shall have & enjoy a negative voice in the making and passing of all Laws Statutes & Ordinances as aforesaid
And you shall and may likewise from time to time as you shall judge it necessary adjourn prorogue & dissolve all General Assemblies aforesd
Our further Will and Pleasure is that you shall and may keep & use the public seal of North Carolina for sealing all things whatsoever that ought to pass the seal of our said Province under your Government
And we do further give and grant unto the said George Burrington full power and authority from time to time and at any time hereafter by yourself or by any other to be authorized in that behalf to administer & give the Oaths mentioned in the said Act for the further security of their Maj. person & government & the succession of the Crown in the heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open & secret abettors to all and every such person or persons as you shall think fit who shall at any time or times pass into our said Province or shall be resident and abiding there
And We do by these presents give & grant unto you the said George Burrington full power & authority with the advice & consent of our said Council to erect & constitute & establish such & so many Courts of Judicature & Public Justice within our said Province & Territory you & they shall think fit & necessary for the hearing & determining of all causes as well Criminal as Civil according to law & equity & for awardingt to administer the Oaths mentioned in the aforesd Act as also to tender and administer the aforesd Declaration unto such persons belonging to the said Courts as shall be obliged to take the same.
And We do hereby authorize and empower you to constitute & appoint Judges & in cases requisite Commissrs of Oyer & Terminer Justices of the Peace & other necessary Officers & Ministers in our said Province for the better administration of Justice & putting the Laws in execution And to administer & cause to be administered unto them such Oath or Oaths as are usually given within our said Colony of Virginia for the due execution & performance of Offices & Places & for clearing of truth in judicial causes.
And we do hereby give and graunt unto you full power and authority where you shall see cause or shall judge any Offendor or Offendors in criminal matters for any fine or forfeitures due unto us fit objects of our mercy to pardon all such Offendors and remit all such offences fines and forfeitures Treason & Wilful Murder only excepted in which cases you shall likewise have power upon extraordinary occasions to grant reprieves to the Offendors until and to the intent our Royal Pleasure may be known therein
And We do by these presents authorize & empower you to collate any person or persons to any Church Chappel or other Ecclesiastical Benefices within our said Province & Territory aforesaid to which We our Heirs & Successors shall be entitled to collate as often as any of them shall happen to be void.
And We do hereby give and grant unto you the said George Burrington by yourself or by yor Capts & Comrs by you to be authorized full power & authority to levy arm muster and command all persons whatsoever residing within our said Province and Territory of North Carolina and as occasion shall serve to march from one place to another or to embark them for the resisting & withstanding all Enemies Pirates & Rebels both at sea and land and to transport such forces to any of our Plantations in America if necessity shall require for the defence of the same against the invasion or attempts of any of our Enemies and such enemies pirates and rebels (if there shall be occasion) to pursue & prosecute in or out of the limits of our said Province & Plantations or any of them. And (if it shall so please God) them to vanquish apprehend and take & being taken according to law to put to death or keep andl or Governor in Chief doth or ought of right to belong.
And We do hereby give and grant unto you full power and authority by and with the advice and consent of our said Council of North Carolina to erect raise & build in our said Province & Territory such and so many Forts Platforms Castles Cities Boroughs Towns & Fortifications as you by the advice aforesaid shall judge necessary and the same or any of them to fortify & furnish with ordnance ammunition & all sorts of arms fit and necessary for the security & defence of our said Province and by the advice aforesaid the same again or any of them to demolish or dismantle as may be most convenient.
And for as much as divers mutinies and disorders may happen by persons shipt and employed at sea during the time of war and to the end that such as shall shipt and employed at sea during the time of war may be better governed & ordered We do hereby give and grant unto you the said George Burrington to constitute & appoint Captains Lieuts Masters of Ships Commanders & other officers Commissions to execute the Law Martial according to the directions of an Act passed in the 13th year of the reign of King Charles the Second entituled An Act for the establishing Articles & Orders for the regulating & better government of His Maj. Navies Ships of War & forces by sea during the time of war & to use such proceedings authorities punishments corrections & executions upon any offendor or offendors who shall be mutinous seditious disorderly or any way unruly either at sea or during the time of their abode or residence in any of the forts harbours or bays of our said Province & territory as the cause shall be found to require according to Martial Law and the said directions during the time of war as aforesaid Provided that nothing herein contained shall be construed to the enabling you or any by your authority to hold plea or have any jurisdiction of any offence cause matter or thing committed or done upon the High Seas or within any of the Havens Rivers or Creeks of our said Province & Territory under your Governt by any Captain Lieut Commander Master Officer Seaman Soldier or person whatsoever who shall be in our actual service or pay in or on board any of our ships of war or other Vessels acting by immediate Commission or Warrant from our Commissioners for executing the office of our High Admiral or from our High Admiral of Great Britain for the time being under the seal of our Admiralty But that such Captain Lieut Commander Master Officer Seaman Soldiere Statute of 28th Henry ye 8th directs or by Commission from our Lds. Commissrs for executing the Office of our High Admiral or from our High Admiral of Great Britain for the time being according to the forementioned Act for establishing Articles & Orders for the regulating and better government of His Maj. Navies Ships of War and Forces by sea and not otherwise. Provided nevertheless that all disorders & misdemeanors committed on shoar by any Captain Commander Lieut Master Officer Seaman, Soldier or other person whatsoever belonging to any of our ships of war or other Vessels acting by immediate Commission or Warrant from our said Commissioner for executing the Office of High Admiral or from our High Admiral of Great Britain for the time being under the seal of our Admiralty may be tried and punished according to the Laws of the place where any such disorders offences or misdemeanors shall be committed on shoar notwithstanding such offender shall be in our actual service & born in our pay on board any such of our ships of war or other vessels acting by immediate commission or warrant from our said Commissrs for executing the Office of High Admiral or Our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protecc̄on for the avoiding of justice for such offences committed on shoar from any pretence of his being employed in our service at sea.
And our further Will and Pleasure is that all public money raised or which shall be raised by any Act hereafter to be made within our said Province be issued out by warrant from you by & with the advice & consent of the Council & disposed of by you for the support of the Government and according to the laws of our said Province of North Carolina and not otherwise
And We do likewise give & grant unto you full power & authority by & with the advice & consent of our said Councill to settle and agree with the inhabitants of our said Province for such lands tenements and hereditaments as now are or hereafter shall be in our power to dispose of and them to grant to any person or persons upon such terms and under such moderate quit rents services & acknowledgements to be thereupon reserved unto us as you by the advice aforesaid shall think fit which said Grants are to pass and be sealed by our public seal of our said Province & being entered upon record by such officer or officers as are or shall be appointed thereunto shall be good & effectual in law against us Our Heirs and Successors.
And We do hereby give & grant unto you the said George Burrington full power to order and appoint fairs marts & markets as also such and so many ports harbours bays havens & other places for convenience and security of shipping and for the better loading & unloading of goods and merchandizes as by you with the advice & consent of the sd Council shall be thought fit & necessary.
And We do hereby require & command all Officers & Ministers Civil & Military and all other inhabitants of our sd Province & Territory to be obedient aiding & assisting unto you the sd George Burrington in the execution of this our Commission & of the powers & authorities herein contained and in case of yor death or absence out of our said Province to be obedient aiding & assisting unto such person as shall be appointed by us our Heirs & Successors to be our Lieut. Governor or Commander in Chief of our said Province to whom we do therefore by these presents give & grant all singular the powers & authoritys herein granted to be by him executed & enjoyed during our pleasure or until your arrival within our said Province and whom we do hereby require to take all such oaths & make such declaration as are herein before appointed to be taken & made by you Mutatis mutandis which said oaths & declaration our said Council in our said Province or any three of the Members thereof have hereby full power & are hereby required to tender & administer And if upon your death or absence out of our said Province there be no person upon the place commissionated or appointed by us to be our Lieut. Governor or Commander in Chief of our said Province Our Will & Pleasure is that the eldest Councillor whose name is first placed in our Instructions to you and who shall be at the time of your death or absence residing within our said Province & Territory of North Carolina shall take upon him the administration of the Governmt & execute our said Commission & Instructions & ye several powers & authorities therein contained in ye same manner & to all intents & purposes as other our Governor or Commander in Chief should or ought to do in case of your absence until your return or in all cases until our further will and pleasure be known therein
And We do hereby declare ordain & appoint that you the sd George Burrington shall and may hold execute & enjoy the office & place of our Captain General & Governor in Chief of our sd Province & Territory of North Carolina with all its rights members & appurtenances whatsoever together with all & singular the powers & authorities hereby granted unto you for & during our Will & pleasure In Witness whereof We have caused these our Letters to be made Patents