With these our Instructions you will receive our Commission under our Great Seal of Great Britain constituting you our Capt. General and Governor in Chief in & over our Province & Territory of North Carolinad Porter, John Baptiste Ashe, James Stallard, Eliezer Allen, Mathew Rowan Richard Eyans Cornelius Harnet John Porter Senr Esqres and the Surveyor General of our Customs for the South district of America for the time being.
2. You are with all due and usuall solemnity to cause our said Commission constituting you Captain General & Governor in chief as aforesaid to be read and published at the said Meeting of our Council which being done you shall yourself take & also administer unto each of the Members of our said Council the Oaths mentioned in an Act passed in the first year of his late Maj. reign, our Royal father entitled 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 ye pretended Prince of Wales & his open & secret abettors As—also make & subscribe & cause the Members of our sd Council to make & subscribe ye declaration mentioned in an Act of Parliament made in ye 25th year of the Reign of King Charles the 2nd entituled An Act for preventing dangers which may happen from Popish Recusants And you & every of them are likewise to take an Oath for the due execution of your & their places & trusts as well as with regard to your & their equal & impartial administration of justice And you are also to take the Oath required to be taken by Governors of Plantations to do their utmost that the Law relating to the Plantations be observed.
3. You are forthwith to communicate unto our said Council such & so many of these our Instructions wherein their advice & consent are mentioned to be requisite as likewise all such others from time to time as you shall find convenient for our service to be imparted to them.
4. You are to permit the Members of our said Council to have & enjoy freedom of debate and vote in all affairs of public concern that may be debated in Council
5. And altho' by our Commission aforesd We have thought fit to direct that any three of our Council make a quorum It is nevertheless our Will and Pleasure that you do not act with a Quorum of less than five members unless upon emergencies when a greater number cannot conveniently be had.
6. And that we may be allways informed of the names & characters of persons fit to supply the Vacancies which shall happen in our said Council You are to transmit unto us by one of our Principal Secretaries of State and to our Commissioners for Trade & Plantations with all convenient speed the names & characters of twelve persons inhabitants of our sd Province whom you shall esteem the best qualified for that trust And so from time to time when any of them shall die depart out of our sd Province or become otherwise unfit You are to nominate so many other persons in their stead that the list of twelve persons fit to supply the sd Vacancies may be always complete.
7. Whereas by our Commission to you You are empowered in case of the death or absence of any of our Council of our said Province to fill up the Vacancies in the said Council to the number of seven and no more You are from time to time to send to us as aforesaid and to our Comrs for Trade & Plantations the name and qualities of any Members by you put into the said Council by the first convenience after your so doing.
8. And in the choice and nomination of the Members of our said Council as also of the chief officers Judges Assistants, Justices and Sheriffs You are always to take care that they be men of good life and well affected to our Government and of good estates and abilities and not necessitous persons.
9. You are neither to augment nor diminish the number of our sd Council as it is hereby established nor to suspend any of the Members thereof without good and sufficient cause nor without the consent of the majority of the sd Council And in case of the suspension of any of them you are to cause your reasons for so doing together with the charges & proofs against the said persons and their answers thereunto to be duly entered upon the Council Books and forthwith to transmit copies thereof to us as aforesaid and to our Commissrs for Trade & Plantations. Nevertheless if it should happen that you should have reason for suspending of any Councillor not fit to be communicated to the Council You may in that case suspend such person without their consent But you are thereupon immediately to send to us by one of our Principal Secretaries of State and to our Commissrs for Trade & Plantations an account thereof with your reasons for such suspension as also for not communicating the same to the Council and duplicates thereof by the next opportunity.
10. You are to signify our pleasure unto the Members of our said Council that if any of them shall hereafter absent themselves from our said Province and continue absent above the space of twelve months without leave from you or from the Commander in Chief of the said
11. And whereas, we are sensible that effectual care ought to be taken to oblige the Members of our said Council to a due attendance therein in order to prevent the many inconveniences that may happen for want of a quorum of the Council to transact business as occasion may require It is our Will & Pleasure that if any of the Members of our said Council residing in the Province shall wilfully absent themselves from the Council Board when duly summoned without a just & lawful cause and shall persist therein after admonition you suspend the said Councillors so absenting themselves till our further pleasure be known giving us timely notice thereof And we do hereby will & require you that this our Royal pleasure be signified to the several Members of our said Council and that it be entered in the Council Books of our said Province as a standing rule.
12. You shall take care that the Members of the Assembly be elected only by freeholders as being more agreeable to the custom of this Kingdom to which you are as near as may be to conform yourself in all particulars.
13. In case you find the usual Salaries or pay of the Members of the Assembly too high you shall take care that they be reduced to such a moderate proportion as may be no grievance to the country wherein nevertheless you are to use your discretion so as no inconvenience may arise thereby.
14. And whereas the Members of several Assemblies in the Plantations have frequently assumed to themselves privileges no way belonging to them especially of being protected from suits at law during the term they remain of the Assembly to the great prejudice of their Creditors and the obstruction of justice and some have presumed to adjourn themselves at pleasure without leave from our Govr first obtained and others have taken upon them the sole framing of money bills refusing to let the Council alter or amend the same all which are very detrimental to our Prerogative If upon your calling an Assembly in North Carolina you find them insist upon any of the abovesaid privileges you are to signify to them that it is our Will and Pleasure you do not allow any protection to any Member of the Council or Assembly further than in their persons and that only in the sitting of the Assembly and that you are not
15. You are to observe in the passing of all laws that the style of enacting the same be by the Governor, Council & Assembly You are also as much as possible to observe in the passing of all Laws that whatever may be requisite upon each different matter be accordingly provided for by a different law without intermixing in one and the same Act such things as have no proper relation to each other And you are more especially to take care that no clause or clauses be inserted or annexed to any Act which shall be foreign to what the title of such respective Act imports And that no perpetual clause be made part of any temporary law And that no Act whatever be altered suspended revived confirmed or repealed by general words but that the title and date of such Act so suspended altered revived confirmed or repealed be particularly mentioned & expressed.
16. You are to take care that in all Acts or Orders to be passed within that our Province in any case for levying money or imposing fines or penalties express mention be made that the same is granted or reserved to us our Heirs and Successors for the public uses of that our Province and the support of the Governt thereof as by the said Act or Order shall be directed And you are particularly not to pass any law or do any Act by Grant Settlement or otherwise whereby our Revenue may be lessened or impaired without our special leave or command therein.
17. You are not to permit any clause whatsoever to be inserted in any law for levying Money or the value of money whereby the same shall not be made liable to be accounted for unto us and to our Commrs of our Treasury or to our High Treasurer for the time being and audited by our Auditor General of our Plantations or his Deputy for the time being.
18. And it is our express will & pleasure that no Law for raising any imposition on wine or other strong liquors be made to continue for less than one whole year as also that all other Laws made for the supply & support of the Government shall be indefinite and without limitation except the same be for a temporary service and which shall expire and have their full effect within the time prefixt.
19. Whereas we have been at very considerable charge in purchasing the Sovereignty of the Provinces of South & North Carolina together with seven eighths parts of the land thereof from the late Lords Proprietors and have actually paid them in consideration of seven eights parts of Quit rent only alleged to be due and in arrear to them from the inhabitants of our said Province the sum of £5,000 Now as a further mark of our Royal Bounty & fatherly indulgence to our people under your government We do hereby empower you to give your assent to a law if not already done for remitting the said arrears Provided that by the same law all possessors of land in our Province under your government do forthwith register their respective grants by which they claim such lands in the office of our Auditor General or his Deputy a copy of which Register and of all Grants to be made for the future you are to send to us as aforesaid & to our Commrs for Trade & Plantations and that every person possessing land in the Province by virtue of any Grant from the late Lords Proprietors do for the future pay to us our Heirs and Successors the annual Quit rents reserved upon such Grants respectively in Proclamation money and that the salaries and fees payable to all Officers under your governt be for the future likewise be paid in proclamation money.
20. Whereas Acts have been passed in some of our Plantations in America for striking bills of credit & issuing out the same in lieu of money in order to discharge their public debts and for other purposes from whence several inconveniencies have arisen It is therefore Our Will & Pleasure that you do not give your assent to or pass any Act in our Province in your government whereby bills of credit may be struck or issued in lieu of money without a clause being inserted in such Act declaring that the same shall not take effect until the said Act shall have been approved & confirmed by us our heirs and successors and It is our Will and pleasure that you do immediately send an account to us & to our Commrs for Trade & Plantations whether any paper bills be now current in North Carolina and if any to the amount of what sum and what fund is provided for striking of them as likewise whether the same be at any and what discount and for what time they are current.
21. And whereas great mischiefs may arise by passing bills of an unusual and extraordinary nature & importance in the Plantations which Bills remain in force there from the time of enacting until our pleasure be signified to the contrary We do hereby will and require you not to pass or give your assent to any Bill or Bills in the Assembly of our said Province of unusual and extraordinary nature and importance
22. And whereas several laws have formerly been enacted in some of our Plantations in America for so short a time that our assent or refusal thereof could not be had thereupon before the time for which such laws were enacted did expire You shall not therefore give your assent to any law that shall be enacted for a less time than two years except in the cases mentioned in the foregoing 18th Article.
23. And our further will and pleasure is that you do not re-enact any law to which the assent of us or our Royal Predecessors has once been refused without express leave for that purpose first obtained from us upon a full representation by you to be made to us and to our Commrs for Trade and Plantations of the reason and necessity for passing such law nor give your assent to any law for repealing any other law passed in your government whether the same has or has not received our royal approbation unless you take care that there be a clause therein suspending & deferring the execution thereof until our pleasure shall be known concerning the same.
24. You are also to take care that no private Act whereby the property of any private person may be affected be passed in which there is not a saving of the rights of us our heirs & successors all Bodies politic and corporate and of all other persons except such as are mentioned in the same Act and those claiming by from or under them And further you shall take care that no such private act be passed without a clause suspending the execution thereof until the same shall have received our royal approbation It is likewise our will and pleasure that you do not give your assent to any private act until proof be made before you in Council (and entered in the Council Book) that public notification was made of parties intention to apply for such Act in the several parish churches where the premises in question lye for three Sundays at least successively before such Act was brought into the Assembly.
25. And that we may the better understand what Acts & Laws are in force in our said Province of North Carolina You are with the assistance of the Council to take care that all Laws now in force there be revived & considered and if there be anything either in the matter or style ofrs for Trade & Plantations at the end of the first Session of Assembly after your arrival there as they now are together with such proposals for alterations as you shall think requisite to the end our approbation or disallowance may be signified thereupon.
26. And we do hereby particularly require and enjoyn you upon pain of our highest displeasure to take care that fair books of accounts of all receipts and payments of all public monies be duly kept and the truth thereof be attested upon oath and that all such accounts be audited & attested by our Auditor General of our Plantations or his Deputy who is to transmit copies thereof to our Commrs of our Treasury & to our High Treasurer for the time being and that you do every half year or oftener send another copy thereof attested by yourself to our Commrs for Trade and Plantations and duplicates thereof by the next convenience in which Book shall be specified every particular sum raised or disposed of together with the names of the persons to whom any payments shall be made to the end We may be satisfied of the right and due application of the revenue of our said Province with the probability of the increase or diminution of it under every head or article thereof.
27. And you are likewise to transmit authentic copies of all laws statutes and ordinances which at any time hereafter shall be made or enacted within our said Province each of them separately under the public seal unto us as aforesaid and to our Commrs for Trade & Plantations within three months or sooner after their being enacted together with duplicates thereof by the next conveyance upon pain of our highest displeasure and of the forfeiture of that year's salary wherein you shall at any time or upon any pretence whatsoever omit to send over the said Laws Statutes & Ordinances aforesaid within the time above limited and also of such other penalty as we shall please to inflict And you are hereby directed that the copies and duplicates of the said Acts be fairly abstracted in the Margins But if it shall happen that no shipping shall come from our said Province within three months after the making such laws statutes and ordinances whereby the same may be transmitted as aforesaid then the said Laws Statutes & Ordinances are to be transmitted by the next convenience after the making thereof whenever it may happen for our approbation or disallowance of the same.
28. And our further Will and Pleasure is that every Act which shall be transmitted the several dates or respective times when the same passedrs for Trade & Plantations) upon every Act that is to say whether the same is introductive of a new Law declaratory of a former Law or does repeal a Law then before in being And you are likewise to send to our said Commrs the reasons for the passing of such Law unless the same do fully appear in the preamble of the said Act
29. You are to require the Secretary of our said Province or his Deputy for the time being to furnish you with transcripts of all such Acts and public Orders as shall be made from time to time together with a copy of the Journals of the Council and that all such transcripts and copies be fairly abstracted in the margins to the end the same may be transmitted unto us and to our Commrs for Trade & Plantations as above directed which he is duly to perform upon pain of incurring the forfeiture of his place
30. You are also to require from the Clerk of the Assembly or other proper Officer transcripts of all Journals & other proceedings of the said Assembly abstracted in the margins to the end the same may be in like manner transmitted as aforesaid.
31. Whereas several inconveniencies have arisen in our Governments in the Plantations by gifts and presents made to the Governors by the General Assemblies You are therefore to propose unto the said General Assembly and to use your best endeavour that an Act be passed for raising and settling a public revenue for defraying the necessary charge of the government of the said Province and that therein provision be particularly made for a competent salary to yourself as Capt. General and Governor in chief of our said Province and to any other succeeding Capt. General and Governor in chief for supporting the dignity of the said Office as likewise due provision for the contingent charges of our Council & Assembly and for the salaries of the respective Clerks and other Officers thereunto belonging as likewise for all other Officers necessary for the administration of that government and where such revenue shall have been settled & provision made as aforesaid It is our express will and pleasure that neither you the Govr nor any Governor Lieut. Govr or Commander in Chief or President of the Council of our said Province of North Carolina for the time do give your or their consent to the passing any law or act for any gift or present to be made to you or them by the Assembly and that neither you nor they do receive any gift or present from the Assembly or others on any account or in any manner whatsoever upon pain of our highest displeasure and of being recalled from that Government.
32. And We do further direct and require that this Declaration of our Royal Will and Pleasure contained in the foregoing article be communicated to the Assembly at their first Meeting after your arrival in that Province and entered in the Journals of the Council and Assembly that all persons whom it may concern may govern themselves accordingly.
33. And whereas for some years past the Governors of some of our Plantations have seized and appropriated to their own use the produce of whales of several kinds taken upon those coasts upon pretence that whales are royal fishes which tends greatly to discourage this branch of fishery in our Plantations and prevent persons from setling there It is therefore Our Will & Pleasure that you do not pretend to any such claim nor give any manner of discouragemt to the fishery of our subjects upon the coasts of the Province of North Carolina under your government but on the contrary that you give all possible encouragemt thereto
34. And whereas great prejudice may happen to our service and to the security of our said Province by your absence from those parts you are not upon any pretence whatsoever to come to Europe without having first obtained leave for so doing from us under our Sign Manual & Signet or by our Order in our Privy Council Yet nevertheless in case of sickness you may go to New York or any other of our Northern Plantations and there stay for such a space as the recovery of your health may absolutely require.
35. And whereas we have thought fit by our Commission to direct that in case of your death or absence from our said Province and in case there be at that time no person upon the place commissioned or appointed by us to be our Lieut. Govr or Commander in chief the eldest Councillor whose name is first placed in these our Instructions to you and who shall be at the time of your death or absence residing within our said Province of North Carolina shall take upon him the administration of the Government & execute our Commission & Instructions and the several powers and authorities therein contained in the manner therein directed It is nevertheless our express will and pleasure that in such case the said President shall forbear to pass any Acts but what are immediately necessary for the peace and welfare of our said Colony without our particular orders for that purpose And that he shall not take upon him to dissolve the Assembly then in being nor to remove or suspend any of the Members of our said Council nor any Judges Justices of the Peace or other Officers Civil or Military without the consent of at least seven of the Council And the said President is to transmit to us and to our said Commissrs for Trade and Plantations by the first opportunity the reasons for such alterations signed by himself and by our Council.
36. And whereas we are willing in the best manner to provide for the support of the government of our said Province by setting apart a sufficient allowance to such as shall be our Lieut. Governor Commander in Chief or President of our Council for the time being within the same Our Will and Pleasure therefore is that when it shall happen that you shall be absent from our said Province one full moiety of the Salary and of all perquisites and emoluments whatsoever which would otherwise become due unto you shall during the time of your absence from our said Province be paid & satisfied unto such Lieut. Governor Commander in Chief or President of the Council who shall be resident upon the place for the time being which we do hereby order and allot unto him towards his maintenance and for the better support of the dignity of that our Government.
37. You are not to suffer any public money whatsoever to be issued or disposed of otherwise than by warrant under your hand by the advice and consent of our Council but the Assembly may nevertheless be permitted from time to time to view and examine all accounts of money or value of money disposed of by virtue of laws made by them which you are to signify to them as there shall be occasion
38. Whenever it is necessary that our rights and dues be preserved & recovered and that speedy and effectual justice be administred in all cases relating to our Revenue You are to take care that a Court of Exchequer be called and do meet at all such times as shall be needful And you are upon your arrival to inform us and our Commrs for Trade and Plantations whether our service may require that a constant Court of Exchequer be settled & established there
39. You shall not remit any fines or forfeitures whatsoever above the sum of ten pounds nor dispose of any forfeitures whatsoever until upon signifying unto our Commrs of the Treasury or our High Commissr for the time being and to our Commrs for Trade & Plantations the nature of the offence and the occasion for such fines & forfeitures with the particular sums or value thereof (which you are to do with all speed) you shall have received our directions therein But you may in the meantime suspend the payment of the said fines & forfeitures.
40. It is our Will and Pleasure that you do not dispose of any forfeitures or escheats to any person until the Sheriff or other proper officer has made enquiry by a jury upon their oaths into the true value thereof And you are to take care that the produce be duly paid to our Receiver General of our said Province and a full account thereof transmitted to our Commrs of our Treasury or our High Treasurer for the time beingrs for Trade & Plantations with the names of the persons to whom disposed And provided that in the Grants of all forfeited & escheated lands there be a clause obliging the Grantee to cultivate three acres for every fifty acres within three years after the passing of such Grant in case the same was not so cultivated & planted before And that there be proper savings and reservations of quit rents to us our Heirs & Successors.
41. Having received an Address from the Members of our Council of North Carolina and other papers containing several complaints of a very high nature against Sir Richard Everard Bart. late Deputy Governor of that Province and the said Sir Richard Everard having written a letter to the Duke of Newcastle one of our principal Secretaries of State whereunto are annexed the copies of such Orders & Resolutions as he the said Sir Richard Everard delivered to our said Council of North Carolina relating to the Grants of land there and the filling up vacant places in that government We have thought fit for our service that the said papers or true copies thereof should be delivered to you and you will receive them from our Commrs for Trade & Plantations Whereupon it is our Will and pleasure that at your arrival in your government you do make diligent enquiry into the several matters contained in those papers copies whereof you are to communicate to the parties concerned allowing them free liberty to examine witnesses in support of their respective allegations And if upon enquiry you shall find them or any of them to be guilty of the crimes laid to their charge you shall give directions for their being prosecuted according to law sending a full account of your proceedings therein to us by one of our principal Secretaries of State and to our Commrs for Trade and Plantations.
42. Whereas great inconveniencies have arisen in many of our Colonies in America from the granting of excessive quantities of land to particular persons which they have never cultivated and have thereby prevented others more industrious from improving the same more particularly in North Carolina where several persons claim a right to many thousand acres which they have not yet taken up and many other persons a right to many more acres of land than are expressed in their said Grants It is therefore our Will and Pleasure that you do not suffer any person to possess more acres of uncultivated land than are mentioned in their respective grants And you are hereby directed to recommend to the Assembly of our said Province to pass an Act or Acts whereby the owners of all lands already granted by the late Lords Proprietors shall be obliged within a reasonable time to take possession of and cultivate the lands by
43. And Whereas by our Commission you are empowered to settle and agree by and with the advice of our said Council with the inhabitants of our said Province for such lands tenements & 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 advice aforesaid shall think fit It is nevertheless our Will and Pleasure that you do not make any grant of land to any person whatsoever under a less Quit rent than four shillings Proclamation money for every hundred acres.
44. You shall not displace any of the Judges Justices Sheriffs or other Officers or Ministers in our said Province without good and sufficient cause to be signified unto us and to our Commrs for Trade & Plantations And to prevent arbitrary removals of the Judges & Justices of the Peace you are not to express any limitation of time in the Commissions which you are to grant with the advice and consent of our Council of our said Province to persons fit for those employments nor shall you execute by yourself or your Deputy any of the said Offices nor suffer any person to execute more Offices than one by Deputy.
45. You are shall not erect any Court or Office of Judicature not before erected or established nor dissolve any Court or Office already erected or established without our special order.
46. You are to transmit unto us and to our Commissioners for Trade and Plantations with all convenient speed a particular account of all establishments of Jurisdictions Courts Offices & Officers Powers Authorities, fees and privileges granted and settled within our said Province as likewise an account of all public charges relating to the said Courts and of such funds as are settled & appropriated to discharge the same together with exact and authentic copies of all proceedings in such causes where appeals shall be made to us in our Privy Council.
47. And Whereas by an Act entitled an Act for establishing an Agreement with seven of the Lords Proprietors of Carolina for the surrender of their title and interest in that Province to His Majesty passed in the second year of our reign there is a saving to all persons claiming any office or place under any Grant made before Janry 1st 1727/8 under the Lords Proprietors common seal of all rights to such offices or places as they had at the time of passing that Act or might have been entitled to in case the said Act had not been made You are immediately upon your arrival in North Carolina to make diligent enquiry what those Offices are. their several values how their profits arise in what manner executed. for what term they are granted and whether they or any of them are useful or hurtful to the Province And that we may be the better apprized thereof you are to send to us and to our Commrs of Trade and Plantations as aforesaid authentic copies of all such Grants together with your explanations and remarks thereon in which you are to be very explicit to the end you may receive our further directions therein But in the mean time you are to take especial care that no Office or Place whatsoever in our said Province be executed but by Commission to be granted by us or by you our Governor under the seal of our said Province.
48. And you are with the advice and consent of our Council to take special care to regulate all salaries and fees belonging to places or paid upon emergencies that they be within the bounds of moderation and that no exactions be made on any occasion whatsoever As also that tables of all fees be publicly hung up in all places where such fees are to be paid. And you are to transmit copies of all such tables of fees to us and to our Commrs for Trade and Plantations as aforesaid.
49. And whereas frequent complaints have been made of great delays and undue proceedings in the Courts of Justice of several of our Plantations whereby many of our good subjects have very much suffered, and it being of the greatest importance to our service and to the welfare of our Plantations that justice be everywhere speedily and duly administered and that all disorders delays and other undue practises in the administration
50. You are to take care no Court of Judicature be adjourned but upon good grounds as also that no orders of any Court of Judicature be entered and allowed which shall not be first read and approved of by the Magistrates in open Court which rule you are in like manner to see observed with relation to the proceedings of our Council of North Carolina And that all Orders there made be first read and approved in Council before they are entered on the Council Books.
51. Whereas We are above all things desirous that our subjects may enjoy their legal rights and privileges you are to take especial care that if any person be committed for any criminal matters unless for treason or felony plainly and especially expressed in the warrant of commitment he have free liberty to petition by himself or otherwise the Chief Baron or any one of the Judges of the Common Pleas for a Writ of Habeas Corpus which upon such application shall be granted & served on the Provost Marshal Gaoler or other officer having the custody of such prisoner or shall be left at the gaol or place where the prisoner is confined And the said Provost Marshal or other officer shall within three days after such service on the petitioner's paying the fees and charges and giving security that he will not escape by the way make return of the Writ and Prisoner before the Judge who granted out the said Writ and there certify the true cause of the imprisonment And the said Baron or Judge shall discharge such prisoner taking his recognizance & sureties for his appearance at the Court where his offence is cognizable & certify the said Writ & Recognizance into the Court unless such offences appear to the said Baron or Judge not bailable by the laws of England.
52. And in case the said Baron or Judge shall refuse to grant a Writ of Habeas Corpus on view of the copy of commitment or upon oath made of such copy having been denyed the prisoner or any person requiring the same in his behalf or shall delay to discharge the prisoner after the granting of such Writ the said Baron or Judge shall incur the forfeiture of his place.
53. You are likewise to declare our pleasure that in case the Provost Marshal or other officer shall imprison any person above twelve hours except by a Mittimus setting forth the cause thereof he be removed from his said office.
54. And upon the application of any person wrongfully committed the Baron or Judge shall issue his warrant to the Provost Marshal or other officer to bring the prisoner before him who shall be discharged without bail or paying fees And the Provost Marshal or other officer refusing obedience to such Warrant shall be thereupon removed And if the said Baron or Judge denies his Warrant he shall likewise incur the forfeiture of his place.
55. You shall give directions that no prisoner being set at large by an Habeas Corpus be recommitted for the same offence but by the Court where he is bound to appear And if any Baron Judge Provost Marshal or other officer contrary hereunto shall recommit such person so bailed or delivered You are to remove him from his place And if the Provost Marshal or other officer having the custody of the prisoner returns the Habeas Corpus or refuses a copy of the commitment within six hours after demand made by the prisoner or any other in his behalf he shall likewise incur the forfeiture of his place.
56. And for the better prevention of long imprisonment You are to appoint two Courts of Oyer and Terminer to be held yearly Viz: On the 2nd Tuesday in December and the 2d Tuesday in June the charge whereof to be paid by the public treasury of our said Province not exceeding one hundred pounds each sessions.
57. You are to take care that all prisoners in case of treason or felony have free liberty to petition in open Court for their tryals That they be indicted at the first Court of Oyer & Terminer unless it appear upon oath that the Witnesses against them could not be produced and that they be tryed the second Court or discharged And the Baron or Judge upon motion made the last day of the Sessions in open Court shall discharge the prisoner accordingly And upon the refusal of the said Baron or Judge or Provost Marshal or other Officer to do their respective duties herein they shall be removed from their places.
58. Provided always that no person be discharged out of prison who stands committed for debt by any decree of Chancery or any legal proceedings of any Court of Record.
59. And for the preventing of any exactions that be made upon prisoners You are to declare our pleasure that no Baron or Judge shall receive for himself or clerks for granting a Writ of Habeas Corpus more than 2s 6d and the like sum for taking a recognizance And that the Provost Marshal or other officer shall not receive more than 5s for every commitment. For the Bond the prisoner is to sign 1s 3d. For every copy of a Mittimus 1s 3d And every Mile he brings back the prisoner 1sd Unless by the laws of that Province there are other fees already established.
60. And further You are to cause this our Royal pleasure signifyed unto you by the ten articles of instruction immediately preceding this to be made public and registered in the Council Books of our said Province.
61. You are for the better administration of justice to endeavour to get a law passed (if not already done) wherein shall be set the value of men's estates either in goods or lands under which they shall not be capable of serving as jurors.
62. You are to take care that no Man's Life Member Freehold or Goods be taken away or harmed in our said Province otherwise than by established and known laws not repugnant to but as near as may be agreeable to the laws of this Kingdom And that no persons be sent prisoners to this Kingdom from our said Province without sufficient proof of their crimes and that proof transmitted along with the said prisoners.
63. You shall endeavour to get a Law passed (if not already done) for the restraining of any inhuman severity which by ill masters or their overseers may be used towards their Christian servants and their slaves and that provision be made therein that the wilful killing of Indians & Negroes may be punished with death and that a fit penalty be imposed for the maiming of them.
64. You are to take care that all Writs within our Province be issued in our name.
65. You shall take care with the advice & assistance of our Council that all Court Houses & other public buildings & especially prisons that want reparation be forthwith repaired and be put into & kept in such a condition as is proper & necessary for the holding of Courts keeping offices and securing the prisoners that are or shall be there in proper custody.
66. Our Will and Pleasure is that appeals be permitted to be made in cases of error from the Courts in our said Province unto you and the Council there in Civil causes Provided the value appealed for do exceed the sum of One Hundred Pounds sterling and security be first given by the Appellant to answer such charges as shall be awarded in case the first sentence shall be affirmed Provided also that if any of the said Council shall at that time be Judges of the Court from whence such appeal shall be made to you our Governor & Council or to the Commander in chief for the time being and Council such Councillor or Councillors shall not be permitted to vote upon the said Appeal But he or they may nevertheless
67. And if either party shall not rest satisfyed with the judgment of you or the Commander in Chief for the time being and Council as aforesaid Our Will & Pleasure is that they may then appeal unto us in our Privy Council provided the sum or value so appealed for unto us do exceed the real value and sum of three hundred pounds sterling And that such appeal be made within fourteen days after sentence & good security given by the Appellant that he will effectually prosecute the same and answer the condemnation and also pay such costs and damages as shall be awarded by us in case the sentence of you or the Commander in chief for the time being and Council be affirmed And it is Our further Will and Pleasure that in all cases whereby your Instructions you are to admit Appeals unto us in our Privy Council execution be suspended until the final determination of such Appeal unless good and sufficient security be given by the Appellee to make ample restitution of all that the Appellant shall have lost by means of such judgment or decree in case upon the determination of such Appeal such judgment or decree should be reversed and restitution awarded to the Appellant And you shall cause this declaration of Our Will and Pleasure to be forthwith entred upon the Council Books of our said Province that all parties may govern themselves accordingly.
68. You are also to permit Appeals unto us in Council in all cases of fines imposed for Misdemeanors Provided the fines so imposed amount to or exceed the sum of one hundred pounds sterling the Appellant first giving good security that he will effectually prosecute the same and answer the condemnation if the sentence by which such fine was imposed in North Carolina shall be confirmed.
69. Whereas there are or may be several offices within our said Province granted under the great seal of Great Britain and that our service may be very much prejudiced by reason of the absence of the patentees and by their appointing Deputies not fit to officiate in their stead You are therefore to inspect the said offices and to enquire into the capacity and behaviour of the persons exercising them & to report thereupon to us and to our Commissrs for Trade & Plantations what you think fit to be done or altered in relation thereunto And you are upon the misbehaviour of any of the said Patentees or their Deputies to suspend them from the execution of their places till you shall have represented the whole matter unto us and received our direcc̄ons therein And in case of the suspension of any such officer it is Our express Will and Pleasurers for Trade & Plantations as aforesaid which you are to do by the first opportunity and till the said Office or place be disposed of by us our Heirs and Successors under the Great Seal of this Kingdom or that our further directions be given therein And it is Our express Will and Pleasure that you do countenance and give all due encouragement to our Patent Officers in the enjoyment of their accustomed fees and rights privileges & emoluments according to the true intent & meaning of their patents.
70. And whereas Orders have been given for commissionating fit persons to be Officers of our Admiralty and Customs in our several Plantations in America And whereas it is of great importance to the trade of this Kingdom and to the welfare of our Plantations that all illegal trade be prevented and suppressed You are therefore to take especial care that the Acts of Trade and Navigation be duly put in execution & in order thereunto you are to give constant protection and all due encouragement to the said officers of our Admiralty and Customs in a due execution of their respective offices and trusts in our said Province under your Government.
71. And whereas several complaints have been made by the Surveyor General and other officers of our Customs in our Plantations in America that they are frequently obliged to serve on Juries and personally to appear in arms whenever the Militia is drawn out and thereby are much hindered in the execution of their employments Our Will and Pleasure is that you take effectual care and give the necessary directions that the several Officers of our Customs be excused and exempted from serving on any Juries or personally appearing in arms in the Militia unless in case of
72. And whereas the Surveyors General of our Customs in the Plantations are impowered in case of the vacancy of any of the Officers of the Customs by death removal or otherwise to appoint other persons to execute such offices until they receive further directions from our Commrs of our Treasury or our High Treasurer or Comrs of our Customs for the time being But in regard the districts of the said Surveyors General are very extensive and that they are required at proper times to visit the Officers in the several Govts under their inspection and that it might happen that some of the Officers of our Customs in the Province of North Carolina may die at the time when the Surveyor General is absent in some distant part of his district so that he cannot receive advice of such Officer's death within a reasonable time and thereby make provision for carrying on the service by appointing some other person in the room of such Officer who may happen to die therefore that there be no delay given on such occasions to the Masters of ships or Merchants in their dispatches It is Our further Will and Pleasure in case of such absence of the Surveyor General and if he should happen to die and in such cases only that upon the death of any Collector of our Customs within that our Province You shall make choice of a person of known loyalty experience diligence & fidelity to be employed in such Collector's room for the purposes aforesaid until the Surveyor General of our Customs shall be advised thereof and appoint another to succeed in their places or that further directions be given therein by our Comrs of our Treasury or our High Treasurer or by the Commrs of our Customs for the time being which shall be first signifyed taking care that you do not under pretence of this instruction interfere with the powers & authorities given by the Commrs of our Customs to the Surveyor General when he is able to put the same in execution.
73. You shall administer or cause to be administred the Oaths appointed to be administred in the Act entituled An Act for the further security of His Majesty's person & Government and 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 the Members & Officers of our Council and Assembly and to all Judges Justices and other persons that hold any office or place of trust or profit in our said Province whether by virtue of any patent under our Great Seal of Great Britain or the public seal of our said Province of North Carolina or otherwise And You shall also
74. You are to permit a liberty of conscience to all persons (except papists) so as they be contented with a quiet and peaceable enjoyment of the same not giving offence or scandal to the Governt
75. You shall take especial care that God Almighty be devoutly & duly served throughout your Governt the Book of Common Prayer as by law established read each Sunday & Holiday and the blessed Sacrament administred according to the rites of the Church of England.
76. You shall take care that the Churches already built there be well and orderly kept and that more be built as the Province shall by God's blessing be improved and that besides a competent maintenance be assigned to the Minister of each Orthodox Church a convenient House be built at the common charge for each minister and a competent proportion of land assigned him for a glebe & exercise of his industry.
77. And you are to take care that the parishes be so limited & settled as you shall find most convenient for accomplishing this good work.
78. You are not prefer any Minister to any Ecclesiastical Benefice in that Province without a Certificate from the Right Reverend Father in God the Lord Bishop of London of his being conformable to the doctrine and discipline of the Church of England and of good life and conversation And if any person already preferred to a Benefice shall appear to you to give scandal either by his doctrine or his manners You are to use the proper and usual means for the removal of him and to supply the vacancy in such manner as we have directed.
79. You are to give orders forthwith (if the same be not already done) that every Orthodox Minister within your government be one of the vestry in his respective parish and that no vestry be held without him in case of sickness or that after notice of a vestry sum̄oned he omit to come.
80. You are to enquire whether there be any Minister within your Government who preaches and administers the Sacrament in any Orthodox Church or Chappel without being in due orders and to give an account thereof to the Lord Bishop of London
81. And to the end the Ecclesiastical Jurisdiction of the Lord Bishop of London may take place in that our Province so far as may be We do think fit that you give all countenance & encouragement to the exercise of the same excepting only the collating the Benefices Granting licenses
82. And We do further direct that no Schoolmaster be henceforth per-mitted to come from this Kingdom and to keep school in that our said Province without the license of the Lord Bishop of London and that no other person now there or that shall come from other parts shall be admitted to keep school in North Carolina without your license first obtained.
83. And you are to take especial care that a table of Marriages estab-lished by the Canons of the Church of England be hung up in every Orthodox Church & duly observed And you are to endeavour to get a Law passed in the Assembly of that Province (if not already done) for the strict observation of the said table
84. Having been graciously pleased to grant unto the Right Reverend Father in God Edmund Lord Bishop of London a Commission under our Great Seal of Great Britain whereby he is empowered to exercise Ecclesi-astical Jurisdiction by himself or by such Commissaries as he shall appoint in our several Plantations in America. It is Our Will and Pleasure that you give all countenance and due encouragement to the said Bishop of London or his Commissaries in the legal exercise of such Ecclesiastical jurisdiction according to the laws of the Province under your government and to the tenor of the said Commission a copy whereof is hereunto annexed and that you do cause the said Commission to be forthwith reg-istered in the public records of that our Province.
85. The Right Reverend Father in God Edmund Lord Bishop of Lon-don having presented a petition to his said late Majesty humbly beseech-ing him to send instructions to the Governors of all the several Planta-tions in America that they cause all laws already made against Blasphemy Prophaneness Adultery Fornication, Polygamy Incest Prophanation of the Lord's Day Swearing & Drunkenness in their respective Governments to be vigorously executed and we thinking it highly just that all persons who shall offend in any of the particulars aforesaid should be prosecuted and punished for the said offences It is therefore our Will and Pleasure that you take due care for the punishment of the forementioned vices and that you earnestly recommend to the Assembly of North Carolina to pro-vide effectual laws for the restraint and punishment of all such of the forementioned vices against which no laws are as yet provided And also you are to use your endeavours to render the laws in being more effectual by providing for the punishment of the aforementioned vices by presentment
86. And whereas it is highly necessary for the welfare of Carolina that a good understanding should be maintained by the Indian Nations as well for the promoting of trade as for the security of the frontiers of your Government you are hereby particularly enjoined to use all possible means for the regaining the affections of the said Indians and to preserve a good correspondence with such of them as remain faithful to our interest And you are hereby likewise directed to recommend in the strongest terms to the Indian traders to be just and reasonable in their dealings with the Native Indians and likewise to propose to the Assem-bly there if you and our Council shall judge it necessary to pass one or more laws for the better regulation of the said Indian Trade & for the encouragement and protection of such Indians as shall adhere to our interest.
87. You shall send to us and to our Commissrs for Trade & Planta-tions by the first conveyance an account of the present number of planters and inhabitants Men Women and children as well Masters as Servants free and unfree and of the Slaves in our said Province as also a yearly account of the increase or decrease of them and how many of them are fit to bear arms in the Militia of our said Province.
88. You shall also cause an exact account to be kept of all persons born christened & buried and send yearly fair abstracts thereof to us and to our Comrs for Trade & Plantations as aforesaid.
89. You shall take care that all Planters Inhabitants and Christian Servants be well and fitly provided with arms and that they be listed under good officers and when and as often thought fit mustered and trained whereby they may be in a better readiness for the defence of the
90. You are to take especial care that neither the frequency nor unreasonableness of remote marches musterings & trainings be an unnecessary impediment to the affairs of the inhabitants.
91. And you shall not upon any occasion whatsoever establish or put in execution any Articles of War or other Law Martial upon any of our Subjects Inhabitants of our said Province without the advice of our said Council there.
92. And whereas you will receive from our Commissrs for executing the office of High Admiral of Great Britain and of the Plantations a Commission constituting you Vice Admiral of our said Province You are hereby required and directed carefully to put in execution the several powers thereby granted you.
93. Whereas great inconveniencies have happened by Merchant ships and other Vessels in the Plantations wearing the colours borne by our ships of war under pretence of Commissions granted to them by the Governors of the said Plantations and by trading under those colours not only among our own subjects but also those of other Princes & States. And committing divers irregularities they did very much dishonor our service for prevention whereof you are to oblige the Commanders of all ships to whom you shall grant Commissions to wear no other Jack than according to the sample here described that is to say such as are worn by our ships of war with the distinction of a white escutcheon in the middle thereof And that the said Mark of Distinction may extend itself to one half of the depth of the Jack and one third of the fly thereof.
94. And whereas there have been great irregularities in the manner of granting Commissions in the Plantations to private Ships of War You are to govern yourself whenever there shall be occasion according to the Commisss & Instructions granted in this Kingdom copies whereof will be delivered to you.
95. But you are not to grant Commissions of Marque or Reprisal against any Prince or State or their subjects in amity with us to any person whatsoever without our especial command.
96. You are to demand an account of the persons concerned of the arms ammunition & stores sent to our said Province from hence as likewise what other Arms Ammunition & stores have been bought with the public money for the service of our sd Province and how the same havers for Trade & Plantations.
97. You shall take an Inventory of all such arms ammunition & stores as are remaining in any of our magazines or garrisons in our said Province under your Govermt and transmit the same to us and to our Commrs for Trade & Plantations with all convenient speed And the like inventory afterwards half yearly as also a duplicate thereof to our Master General or Principal Officer of our Ordnance which accounts are to express the particulars of ordnance carriage ball powder and all other sorts of arms and ammunition in our public stores and so from time to time of what shall be sent to you or bought with the public money and to specify the time of the disposal and the occasion thereof
98. You are to take special care that fit store house be settled in the said Province for receiving and keeping of arms ammunition and other public stores.
99. And whereas it is absolutely necessary that we be exactly informed of the state and defence of all our Plantations in America in every respect and more especially in relation to the forts and fortifications that are in each Plantation and what more may be necessary to be built for the defence and security of the same You are so soon as possible after your arrival in North Carolina to prepare an account thereof in respect to our said Province in the most particular manner and to transmit the same to us and to our Commissrs for Trade & Plantations and the like accounts yearly.
100. You shall cause a survey of all the considerable landing places and harbours in our said Province and with the advice of our Council there erect in any of them such fortifications as shall be necessary for the security and advantage of the said Province which shall be done at the public charge And you are accordingly to move the General Assembly to the passing of such Acts as may be requisite for the carrying on of that work in which we doubt not of their cheerful concurrence from the common security & benefit they will receive thereby.
101. You are from time to time as before directed to give an account what strength your Neighbours have (be they Indians or others) by sea and land and of the condition of their plantations and what correspondence you do keep with them.
102. And in case of distress of any other of our Plantations You shall upon application of the respective Governors thereof to you assist them with that aid the condition and safety of our Province under your government can spare.
103. You shall transmit unto us and to our Commrs for Trade & Plantations by the first opportunity a Map with the exact description of the whole Province under your government with the several Plantations upon it and of the fortifications as also of the bordering Indian settlements
104. And in order to prevent any disputes that may arise about the Southern Boundaries of the Province under your Government We are graciously pleased to signify our pleasure that a line shall be run (by Commissrs appointed by each Province) beginning at the sea thirty miles distant from the mouth Cape Fear River on the South West thereof keeping the same distance from the said River as the course thereof runs to the main source or Head thereof and from thence the said Boundary line shall be continued due West as far as the South Seas But if Waggamaw river runs within fifty miles of Cape Fear River then that river to be the Boundary from the sea to the Head thereof and from thence to keep the distance of 30 miles parallel from Cape Fear River to the head thereof and from thence a due West course to the South Seas.
105. You are to examine what rates and duties are charged & payable on any goods exported or imported within our said Province whether of the growth & manufacture of our Province or otherwise And you are to suppress the engrossing of Commodities as tending to the prejudice of that freedom which Trade and commerce ought to have and to use your best endeavours in the improving the trade of those parts by settling such Orders & Regulations therein with the advice of our said Council as may be most acceptable to the generality of the inhabitants.
106. You are to give all due encouragement & invitation to Merchants & others who shall bring trade into our said Province or anywise contribute to the advantage and in particular to the Royal African Company & others our Subjects trading to Africa And as we are willing to recommend unto the said Company & others our subjects that the said Province may have a constant & sufficient supply of Merchantable Negroes at moderate rates in money or commodities so you are to take special care that payment be duly made and within a competent time according to their respective agreements
107. And whereas the said Company and other Traders having frequently great sums of money owing to them in our Plantations in Americat so that all our subjects in the said Province and particularly the Royal African Comp. and others trading to Africa may enjoy the benefit thereof and not receive any undue hindrance in the recovery of their just debts.
108. And we do hereby expressly command and require you to give unto us and to our Commrs for Trade & Plantations an account every half year of what number of Negroes our said Province is supplied with that is what number by the African Company and what by the separate traders & at what rates sold.
109. Whereas We have been informed that during the time of War our Enemies have frequently got intelligence of the State of our Plantations by letters from private persons to their Correspondents in Great Britain taken on board ships coming from the Plantations which has been of dangerous consequence Our Will and Pleasure is that you signify to all Merchants Planters and others that they be very cautious in time of war whenever that shall happen in giving any account by letters of the public state and condition of our Province of North Carolina And you are further to give direction to all Masters of ships or other persons to whom you may entrust your letters that they put such letters into a bag with a sufficient weight to sink the same immediately in case of imminent danger from the enemy And you are always to let the Merchants and Planters know how greatly it is for their interest that their letters shall not fall into the hands of the enemy and therefore that they should give the like orders to Masters of ships in relation to their letters And you are further to advise all Masters of ships that they do sink all letters in case of danger in the manner beforementd
110. And whereas in the late Wars the Merchants and Planters in America did correspond & trade with our enemies and carry intelligence to them to the great prejudice & hazard of the British Plantations You are therefore by all possible methods to endeavour to hinder all such trade and correspondence in time of war.
111. Whereas by the 5th & 6th Articles of the Treaty of Peace & Neutrality in America concluded between England and France the 6/16 November 1686 the subjects & inhabitants in each Kingdom are prohibited to trade and fish in all places possessed or which shall be possessed by the other in America And that if any ships shall be found
112. Whereas Commissions have been granted unto several persons in our respective Plantations in America for the trying of Pirates in those parts pursuant to the several Acts for the more effectual suppressing of pirates And by a Commission to be given you, you as Captain General and Governor in Chief of our said Province are empowered together with others therein mentioned to proceed accordingly in reference to the said Province of North Carolina Our Will and Pleasure is that in all matters relating to Pirates you govern yourself according to the intent of the said Acts & Commission beforementioned.
113. Whereas We have thought it necessary for our service by our Commission bearing date the 9th day of August 1727 to constitute authorize & appoint Robt. Byng Esqre to be our Receiver General of the rights and perquisites of the Admiralty We do direct and appoint that you be aiding and assisting to the said Robt. Byng his Deputy or Deputies in the execution of the said Office of Receiver General and do hereby enjoin & require you to make up your accounts with him his Deputy or Deputies of all rights of Admiralty (effects of Pirates included) as you or your Officers may or shall at any time receive and to pay over to the said Receiver General his Deputy or Deputies for our use all such sums of money as as shall appear on the foot of such accounts to be and remain in your hands or in the hands of any of your Officers And whereas the said Robt Byng is directed in case the parties chargeable with any part of our Revenue refuse neglect or delay payment thereof by himself or sufficient Deputy to apply in our name to our Governors Judges Attornies General or any other our Officers or Magistrates to be aiding or assisting to him in recovering the same. Now you our Governor our Judges our Attornies General and all other Officers whom the
114. You are to propose an Act to be passed in the Assembly whereby the Creditors of persons becoming Bankrupts in this Kingdom and having estates in North Carolina may be relieved and satisfied for the debts owing to them.
115. You are likewise from time to time to give unto us and to Our Commrs for Trade and Plantations as aforesd an account of the wants and defects of our said Province what are the chief products of what are the new improvements made therein by the industry of the inhabitants & planters and what further improvements you conceive may be made or advantages gained by trade and which way We may contribute thereunto.
116. If anything shall happen which may be of advantage or security to our said Province which is not herein or by our Commission provided for We hereby allow unto you with the advice and consent of our said Council to take order for the present therein giving unto us by one of our principal Secretaries of State and to our Commissrs for Trade & Plantations speedy notice thereof that so you may receive our ratification thereof if we shall approve the the same Provided always that you do not by colour of any power or authority hereby given you commence or declare war without our knowledge or particular commands therein except it be against Indians upon emergencies wherein the consent of our Council shall be had and speedy notice thereof given to us as aforesaid.
117. And you are upon all occasions to send unto us by one of our Principal Secretaries of State and to our Commissrs for Trade & Plantations a particular account of all your proceedings & of the condition of affairs within your Government.