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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
April 29, 1755
Volume 05, Pages 489-490


At a Council held in the County of Bertie the 29th day of April 1755.

Present His Excellency the Governour,

The Honble {Francis Corbin James Craven John Dawson Henry McCulloch} Esquires

His Excellency the Governour having acquainted this Board, that he has received information, that several of the Magistrates appointed by His Excellency in the Commissions of the Peace for the several Counties, within this Province, have refused or neglected to qualify, upon which this Board is unanimously of opinion that the following Proclamation be issued by His Excellency, Vizt

Whereas from the undue Execution of the Laws of this Province, and by the neglect of the Civil Magistrates great Inconveniences have arisen; the Inhabitants having refused to be Obedient to and disputed the Laws made in the Province, so that it is now become absolutely necessary, to have active, resolute, Magistrates, of Integrity and Capacity, and of the best property appointed to Execute the Laws And Whereas it appears that many of the Justices of the Peace in Several of the Counties in this Province, who have lately been put into the Commission, have refused or neglected to Qualify themselves to act pursuant to the Laws appointed for that purpose, by which means there are not a sufficient number of Acting Magistrates in the several Counties. And Whereas such Justices who refuse or neglect to Act ought to be Censured and superseded, and others properly Qualified, appointed in their room and place. So as to have Justice properly distributed, and the Laws Executed I do hereby by and with the advice of His Majesties Council

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publish this Proclamation to be sent to the Justices Assembled the next County Court, Ordering and requiring the several acting Magistrates then and there Assembled to publish this Proclamation, and to make a due and faithfull return of all such Justices, who have neglected or refused to Qualify as the Laws direct (by their County Clerks) in order to have such Justices struck out of the Commission of the Peace, who shall not Qualify at the next County Court after the publishing this Proclamation; and to make a return of a sufficient Number of Gentlemen, in their several Counties who are Capable and willing to Act; of good Characters and property, in proportion to the Extent of the several Counties in Order to Choose out proper persons to be put in Commission, and to give notice to such Persons who refuse or neglect to Qualify; that they shall not hereafter be restored to Commission, but shall be obliged to Act in Subordinate Offices that all may be made sensible, that the Laws are to govern this Province, and no private Persons shall be allowed to be above the Laws.