To the King's most Excellent Majesty
May it please Your Majesty
In obedience to Your Maj. Order in Council dated the 25th of January 1753, We have prepared Draughts of General Instructions and of those which relate to the Acts of Trade and Navigation to Arthur Dobbs Esqr whom Your Majesty has been pleased to appoint Governor of the Province of North Carolina in which Draughts we have made alterations from and additions to the Instructions given by Your Majesty to Gabriel Johnston Esqr the late Governor of the said Province in the following particulars Viz:—
Upon a revisal of the former General Instructions it appeared that by a frequent insertion of the additional Instructions given from time to time to the several successive Governors of North Carolina and by not observing a proper method in inserting them the order in which the said General Instructions had been first arranged was altered and things which had no proper relation to each other so intermixed as to cause confusion & perplexity We have therefore in the present Draught ranged and digested the several Articles in such a manner as that those which relate to the same subject may be found together We have likewise in many parts of the said Instructions where the expressions might admit of a doubtful construction endeavoured to make them more explicit But as a minute detail of such variations as are merely literal seems unnecessary We shall only point out to Your Majesty those alterations which have been made in the subject matter of these Instructions.
In all such parts of these Instructions where the Governor is directed to transmit any particular or general accounts of his proceedings and of the state of affairs within his Government We have omitted the words to us by one of our Principal Secretaries of State and have inserted in lieu of them to our Commissioners for Trade & Plantations in order to be laid before us conformable to the directions of that part of Your Majesty's Order in Council of the 11th of March 1752 containing Regulations with
In these Instructions We have inserted the names of eleven persons all of whom have already been appointed by your Majesty to be your Council in that Province and to supply the Vacancy lately occasioned by the death of Nathaniel Rice Esqre We have added the name of Henry McCulloh Esq who has been recommended to us as a person every way qualified to serve Your Majesty in that station.
In the Article (No. 7.) relative to the recommendation of persons to supply Vacancies in the Council instead of the direction to transmit a List of the names of twelve persons and always to keep that List complete as this Article formerly stood, the Governor is directed as often as any Vacancy shall happen to transmit the names of three persons in order to be laid before Your Majesty for your choice of one of them which We humbly apprehend to be the more proper course as the Governor may not be able at one time to name twelve persons fit to supply Vacancies in the Council or his opinion of persons may be justly altered by their subsequent conduct or other circumstances which may have rendered them improper to be admitted into the Council when it may be their turn to supply Vacancies.
In the Article relative to the appointment of Judges and Justices of the Peace (No. 62) the Governor is particularly directed not to make such appointment without the consent of the Council to which direction thō plainly implied in the former Instructions the Governors have not strictly adhered. We have likewise omitted that part of the former Instruction which directed the Governor not to express any limit of time in the Commissions which he is empowered to grant to persons whom he may appoint to the aforesaid Offices and in lieu thereof have inserted the following Words It is Our further Will and Pleasure that all Commissions to be granted by you to any person or persons to be Judges Justices of the Peace or other necessary Officers be granted during Pleasure only, which words appear to us to be more consistent with the Article next following in these Instruction which leaves a power in the Governor of removing Judges & Justice under certain restrictions.
In the Instruction relative to Patent Officers (No. 68) We have inserted the Words or to which any person is or shall be appointed under Our Signet or Sign Manual it appearing to us that there are several Offices in this Province to which persons are appointed by such Warrant under Your Majesty's Signet or Sign Manual.
In the Article relative to Forfeitures and Escheats (No. 96) in order to prevent the disposal of them for less than the real value We have inserted an additional direction to the Governor not to dispose thereof until he shall have transmitted an account of such forfeitures and escheats and received Your Majesty's directions thereupon.
The 115th Article relating to the colours to be worn by Private ships is made conformable to Your Maj. Order in Council of the 7th of January containing Regulations with respect thereto.
We have omitted the 101st Article of the Instructions to the late Governor relative to the Boundary Line between the Provinces of North and South Carolina a line having been run in consequence of the said Instruction But as that Line does not appear to us to have been run in conformity with the said Instruction and many inconveniencies have been represented to arise from it We have directed Mr. Dobbs upon his arrival in his Government to enquire into the proceedings of the Commissioners appointed to run the said line to point out to us in what particulars the same is contrary to Your Maj. said Instruction and what are the inconveniencies thereby arising to Your Maj. subjects of North Carolina and to consider with Your Maj. Governor of South Carolina of the Boundary Line which for the ease and advantage of both Provinces it may be most expedient to establish to the end that We may lay the same before Your Maj. for Your Maj. further directions therein.
We have also omitted the 103rd Article of the former Instructions relative to the late Royal African Company which being dissolved that Instruction seems no longer necessary.
Besides the foregoing alterations We have added the following Articles in obedience to an Order of the Lords of the Committee of Your Maj. most Honorable Privy Council dated 26th March last approving our Representation to Your Majesty of the 14th of the same month upon the state of North Carolina and directing us to prepare Instructions conformable thereto and to insert the same in the general Instructions for Mr. Dobbs.
Nos. 12, 13, 14 to prescribe the manner of electing an Assembly and the number of Members of which it is to consist and to limit the quorum to the number of fifteen.
No. 15 to erect Towns and Counties in the Southern District as the Province grows more peopled.
No. 16 directing the Governor to confirm the rights of the several Towns Precincts or Counties by Charters of Incorporation and forbidding him to assent to any Law whereby the duration of the Assembly may be limited or ascertained or any other Regulation made with respect thereto contrary to your Maj. rights and prerogative.
No. 41 to establish such and so many Courts of Justice as shall appear to be necessary and to consider of the most proper place for the seat of Government and to make report thereof to your Majesty.
No. 42 to establish a Court of Exchequer.
Nos. 75, 76, 77, 78, 79, 80, 81, 82, 83, 86, 87, 88, 89, 90, 91, 92 to establish such new regulations with respect to Grants of Lands and your Majesty's Quit Rents as are become necessary upon the repeal of the Quit Rent Act passed in 1748.
No. 84 to accept a surrender from Mr. McCulloh and his Associates (when the term allowed them to complete their settlement is expired) of such part of the lands granted them as shall not be settled according to the proportion of one person to every two hundred acres and to regrant the same to any other persons and to release the present Grantees from being obliged to pay Quit rents for the lands so surrendered.
And No. 85 to support and maintain Mr. McCulloh and their Associates in their just and legal rights and in the quiet possession of their lands.
To these We have thought it necessary to add one other Article No. 93 declaring that the several Regulations prescribed by these Instructions with respect to Grants of Land and Quit Rents shall not be construed to extend to such parts of your Majesty's said Province as are included within your Majesty's Grant to the Earl Granville.
We have also added the Article No. 24 relative to the establishment of a permanent revenue for the support of Government in North Carolina it appearing to us that no such Revenue has yet been settled there and that such an establishment would most effectually tend to the security & good government of your Majesty's Province.
In the Instructions relative to the Acts concerning trade and Navigation We have inserted the titles of many Laws which were omitted when the former Instructions were given to Mr. Johnston and of such as have been passed since relative to the Plantation Trade We have also added the 6th & 7th articles and have made some other alterations therein chiefly containing directions for the more effectually preventing frauds in the Plantation Bonds conformable to a Representation of the Commissioners of Your Maj. Customs in the year 1737.
We have also added the 22nd Article containing directions to the said Governor for the more effectual execution of the Act passed in the twenty first year of Your Majesty's reign for encouraging the making of Indigo in the Plantations in America.
1st With these Our Instructions you will receive Our Commission under our Great Seal of Great Britain constituting you our Captain General and Governor in Chief in and over Our Province of North Carolina in America You are therefore to fit yourself with all convenient speed and to repair to our said Province of North Carolina and being arrived there you are to take upon you the execution of the place and trust We have reposed in you and forthwith to call together the Members of our Council in that Province, viz: Matthew Rowan, James Murray, James Hassell, James Innes, John Rutherford, Francis Corbin, John Swann, John Dawson, James Craven, Lewis De Rosset, John Rieussett, Henry McCulloh Esqres
2. You are with all due and usual solemnity to cause our Commission constituting you Our Captain General and Governor in Chief as aforesaid to be read and published at the said meeting of Our Council which being done you shall then take and 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 Majesty our Royal Father's Reign entitled an Act for the further security of His Majesty's person and 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 and secret abettors as also make and subscribe and cause the Members of our said Council to make and subscribe the Declaration mentioned in an Act of Parliament made in the twenty-fifth year of the reign of King Charles the Second entitled an Act for preventing dangers which may happen from Popish Recusants and you and every of them are likewise to take an Oath for the due execution of your andth & 8th years in the reign of King William the third to be taken by Governors of Plantations to do their utmost that the Acts of Parliament relating to Plantations be observed.
3. You shall administer or cause to be administered the oaths appointed in the aforesaid Act entitled An Act for the further security of His Maj. Person and 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 and secret abettors to the Members and officers of the Council and Assembly and to all Judges Justices or any 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 cause them to make and subscribe the aforesaid Declaration without the doing of all which you are not to admit any person whatsoever into any public office nor suffer those that have been admitted formerly to continue therein.
4. You are forthwith to communicate unto Our said Council such and so many of these Our Instructions wherein their advice and 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.
5. You are to permit the Members of our said Council to have and enjoy Freedom of debate and vote in all affairs of public concern that may be debated in Council.
6. And although by our Commission aforesaid 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.
7. And that We may be always informed of the names and characters of persons fit to supply the Vacancies which shall happen in our said Council You are from time to time when any vacancies shall happen in our said Council to transmit to our Commissrs for Trade and Plantations in order to be laid before us the names of those Persons Inhabitants of our said Province whom you shall esteem the best qualified for that trust.
8. And whereas by our Commission to you you are empowered in case of the death or absence of any of the 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 Our Commissioners for
9. And in the choice and nomination of Members of Our said Council as also of the Chief Officers Judges Assistant Justices and Sheriffs you are always to take care that they be men of good life well affected to Our Government of good estates and of abilities suitable to their employments.
10. You are neither to augment nor diminish the number of our said Council as it is hereby established nor to suspend any of the Members of it without good and sufficient cause nor without the consent of the majority of the said Council signified in Council after due examination of the charge against said Councillor and his Answer thereunto and in case of the suspension of any of them You are to cause your Reasons for so doing together with the charges and proofs against the said persons and their Answers thereunto to be duly entered in the Council Books and forthwith to transmit copies thereof to Our Commissrs for Trade & Plantations in order to be laid before us Nevertheless if you should happen to have reason for suspending 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 Our Commissrs for Trade & Plantations in order to be laid before us an account of Your proceedings therein with your reasons at large for such suspension as also for not communicating the same to the Council and duplicates thereof by the next opportunity.
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 and Pleasure that if any of the Members of Our said Council residing in the Province shall hereafter absent themselves from Our Province and continue absent above the space of twelve months without leave from You or our Governor or Commander in Chief of our said Province for the time being first obtained under your or his hand and seal and shall remain absent for the space of two years successively without our leave given them under our Royal Sign Manual their place or places in our said Council shall immediately thereupon become void and that if any of the Members of our said Council residing in our said Province shall willfully absent themselves hereafter from the Council Board when duly summoned without a just and lawful cause and shall persist therein after admonition you suspend the said Councillors sors for Trade & Plantations in order to be laid before us And we do hereby Will and require you that this Our Royal Will and 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. And whereas by our Commission you are empowered with the advice and consent of our Council from time to time as need shall require to summon & call General Assemblies of the Freeholders and Planters within your Government Our Will and Pleasure is that you do as soon as conveniently you can after your arrival in our said Province issue writs in our name to the Provost Marshal, Sheriff or other proper Officer in the several Towns and Districts requiring them to summon the Freeholders in the said Towns & Districts to meet at some convenient place within the same then and there to choose and elect such persons as shall be thought proper by the majority of the said Freeholders to be their Representatives in a General Assembly to be held at such time and place as you shall with the advice of the Council judge most proper and convenient for our service and for the convenience of our subjects inhabitants of our said Province.
13. And Our further Will and Pleasure is that the General Assembly so to be called do for the present consist of Sixty Representatives who are to be chosen in manner following
Five by the Freeholders of Chowan County
Five by the Freeholders of Perquimans County
Five by the Freeholders of Currituck County
Five by the Freeholders of Pasquotank County
Five by the Freeholders of Tyrrell County
Three by the Freeholders of Bertie County
Two by the Freeholders of Northampton County
Two by the Freeholders of Beaufort County
Two by the Freeholders of Hyde County
Two by the Freeholders of Craven County
Two by the Freeholders of Carteret County
Two by the Freeholders of Edgecumbe County
Two by the Freeholders of New Hanover County
Two by the Freeholders of Bladen County
Two by the Freeholders of Onslow County
Two by the Freeholders of Granville County
Two by the Freeholders of Johnston County
Two by the Freeholders of Anson County
Two by the Freeholders of Dupplin County
Two by the Freeholders of Rowan County
One by the Freeholders of the Town of Edenton
One by the Freeholders of the Town of Bath
One by the Freeholders of the Town of Newbern
One by the Freeholders of the Town of Wilmington
14. And it is Our further Will and Pleasure that fifteen Members shall constitute a quorum of the said Assembly.
15. And it is Our further Will and Pleasure that as our said Province shall by the blessing of God increase in number of inhabitants you do erect such and so many Towns and Counties within the Southern District thereof with the privilege of sending such a number of Representatives to the said Assembly and that each District and Division may have a just and reasonable proportion.
16. And whereas several laws have been heretofore passed within our said Province of North Carolina by which Towns and Counties have been erected and empowered to send Representatives to the Assembly the qualification of the electors and elected ascertained and a variety of other regulations made with respect thereto And whereas the erecting Towns and Counties empowering them to send Representatives to the Assembly and making Regulations with respect thereto by a Provincial Law appears to us to be inconsistent with that authority which we have granted to our Governor of our said Province We have therefore thought fit by Our Order in Council of the 8th day of April in the twenty seventh year of our Reign to declare void and of none effect all the said Laws It is nevertheless our Will and Pleasure that all the rights and privileges derived to the said Towns and Counties by the said Laws be confirmed to them by charters of Incorporation which you are forthwith to grant to them respectively under the seal of our said Province And it is Our further Will and Pleasure that you do not for the future upon any pretence whatsoever give your assent to any law or laws to be passed in our said Province by which the number of the Assembly shall be enlarged or diminished the duration of it ascertained the qualifications of the electors or elected fixed or altered or by which any regulations shall be establish'd with respect thereto inconsistent with these our Instructions to you or prejudicial to that right and authority which you derive from us in virtue of our Commission and Instructions.
17. And whereas the members of several Assemblies in the Plantations have frequently assumed to themselves privileges no ways 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 Creditorsde die in diem except Sundays and Holidays without leave from you or the Commander in Chief for the time being first obtained and that the Council have the like power of framing money bills as the Assembly.
18.> 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.
19. You are to observe in the passing of all laws that the style of enacting the same be by the Governor Council and Assembly and no other. 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 in 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 suspended altered continued revived or repealed by general words but that Title and date of such Act so suspended altered continued revived or repealed be particularly mentioned and expressed in the enacting part.
20. And whereas several Laws have formerly been enacted in several 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 therefore not give your assent to any Law that shall be enacted for a less time than two years except in the cases hereinafter mentioned and You shall not re-enact any Laws 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 our Commrs for Trade & Plantations
21. And whereas great mischiefs do arise by the frequent passing Bills of an unusual and extraordinary nature and 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 hereafter to any Bill or Bills in the Assembly of our said Province of unusual and extraordinary nature and importance wherein our Prerogative or the property may be prejudiced nor to any Bill or Bills whereby the trade and shipping of this kingdom may be anyways affected until you shall have first transmitted unto Our Commrs for Trade and Plantations in order to be laid before us the draught of such a Bill or Bills and shall have received our Royal Pleasure thereupon unless you take care in the passing of any Bills of such nature as before mentioned that there be likewise a clause inserted therein suspending and deferring the execution thereof until our Pleasure shall be known concerning the same.
22. 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 be not a saving of the right of us our Heirs and Successors all Bodies politic and corporate and all other persons except such as are mentioned in the said 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 Royal Will and Pleasure that you do not give your assent to any private Act until proof be made before you in the Council (and entered in the Council Books) that public notification was made of the 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 and that a Certificate under your hand be transmitted with and annexed to every such Private Act signifying that the same has passed through all the forms mentioned.
23. Whereas many of the Laws heretofore passed in our Colonies and Plantations in America respectively have from time been either entirely or in part repealed and others of them are expired by means whereof persons not well acquainted with the said Laws may be led into mistakesrs for Trade and Plantations in order to be laid before us in our Privy Council for our Royal approbation or disallowance.
24. And Whereas nothing can more effectually tend to the peace security and well governing of our said Province than the having a permanent revenue settled by law upon a solid foundation for defraying the necessary charges of government, It is therefore Our Will and Pleasure that you do recommend it to the Assembly in our name without delay to consider of a proper Law to be passed for that purpose taking care that such Law shall be without limitation in point of time and that provision be particularly made therein for a competent Salary to yourself as Captain General and Governor in chief of our sd Province and to any other succeeding Captain General or 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 also that a fund be thereby established for erecting and repairing fortifications for annual presents to the Indians and for all other ordinary contingencies of Government Provided always that you do not give your assent to any such Law until you shall have first transmitted to Our Commissrs for
25. It is nevertheless Our Will and Pleasure and you are hereby authorized and impowered to give your assent to any temporary Law or Laws for making provision to defray the expences of temporary services provided that all such Laws do expire and have their full effect when the services for which such Law or Laws were passed shall cease and be determined.
26. Whereas several inconveniences have arisen to our governments in the Plantations by gifts and presents made to the Governor by the General Assembly for the prevention thereof for the future It is Our express Will and Pleasure that neither you the Governor nor any Govr Lieut. Governor Commander in Chief or President of the Council of our said Province of North Carolina for the time being 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 Governmt
27. And We do further direct & 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 the Assembly that all persons whom it may concern may govern themselves accordingly.
28. You are to take care that in all Acts and 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 support of the government 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 especial leave or command therein.
29. You are not to suffer any public money whatsoever to be issued or disposed of otherwise than by Warrant under your hand by and with 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 and value of money disposed of by virtue of laws made by them which you are to signify unto them as there shall be occasion.
30. 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 in Great Britain and to Our Commissioners 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 And We do hereby particularly require and enjoin you upon pain of our Highest displeasure to take care that fair books of accounts of all receipts and payments of all public money be duly kept and the truth thereof attested upon oath and that all such accounts be audited and attested by our Auditor General of our Plantations or his Deputy who is to transmit copies thereof to Our Commrs of Our Treasury or 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 of Trade and Plantations and duplicates thereof by the next conveyance In which Books 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.
31. And it is Our express Will and Pleasure that no Law for raising any imposition on Wines or other strong Liquors be made to continue for less than one whole year as also that all other Laws made for the supply and support of the government shall be without limitation of time except the same be for a temporary service and which shall expire and have their full effect within the time prefixed.
32. Whereas Acts have been passed in some of our Plantations in America for striking Bills of Credit and issuing out the same in lieu of money in order to discharge their public debts and for other purposes from whence several inconveniences have arisen It is therefore Our Will and Pleasure that you do not give your assent to or pass any Act in our Province under your Government whereby Bills of Credit may be struck or issued in lieu of money without a clause inserted in such Act declaring that the same shall not take effect until the said Act shall have been approved and confirmed by us our Heirs or Successors It is also our Will and Pleasure that you do immediately send an account to us and our Commissrs 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 sinking them as likewise whether the same be at any and what discount and for what time they are current.
33. And whereas an Act of Parliament was passed in the sixth year of the reign of Her late Majesty Queen Anne entitled An Act for ascertaining the rates of Foreign Coins in Her Majestys Plantations in America which Act the respective Governors of all the Plantations in America have from time to time been instructed to observe and carry into due execution and whereas notwithstanding complaints have been made that the said Act has not been observed as it ought to have been in many of our Colonies and Plantations in America by means whereof many indirect practices have grown up and various and illegal currencies have been introduced into several of the said Colonies and Plantations contrary to the true intent and meaning of the said Act and to the prejudice of the trade of our subjects It is therefore Our Royal Will and Pleasure and you are hereby strictly required and commanded under pain of our highest displeasure and of being removed from your government to take the most effectual care for the future that the said Act be punctually and bona fide observed and put in execution according to the true intent and meaning thereof.
34. And whereas complaints have been made to us by the Merchants of our City of London in behalf of themselves and of several others of our good subjects of Great Britain trading to our Plantations in America that greater duties and impositions are laid on their ships and goods than the ships and goods of persons who are natives and inhabitants of the said Plantations It is therefore Our Will and Pleasure that you do not upon any pretence whatsoever on pain of our highest displeasure give your assent to any law wherein the natives or inhabitants of North Carolina under your government are put on a more advantageous footing than those of this Kingdom or whereby duties shall be laid on British shipping or upon the product or manufacture of Great Britain upon any pretence whatsoever.
35. You are to examine what rates and duties are charged and payable upon any goods imported or exported within our said Province whether of the growth or manufacture of our said 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 you are to use your best endeavours for the improvement of the trade of those parts by settling such orders and regulations therein with the advice of our said Council as may be most acceptable to the generality of the inhabitants and to send to our Commissrs for Trade & Plantations in order to be laid before us yearly or oftener as occasion may require the best and most particular account of any Laws that have at any time been made Manufactures set up or Trade carried on in the
36. Whereas Acts have been passed in some of our Plantations in America for laying duties on the importation and exportation of Negroes to the great discouragement of the Merchants trading thither from the coast of Africa And Whereas Acts have likewise been passed for laying of duties on felons imported in direct opposition to an Act of Parliament passed in the fourth year of our late Royal Father's reign for the further preventing robbery burglary and other felonies and for the more effectual transportation of felons It is our Will and Pleasure that you do not give your assent to or pass any Law imposing duties upon Negroes imported into our Province of North Carolina payable by the importer or upon any slaves exported that have not been sold in our said Province and continued there for the space of twelve months It is our further Will and Pleasure that you do not give your assent to or pass any law whatsoever for imposing duties on the importation of any felons from this Kingdom to North Carolina
37. You are to transmit authentic copies of all Laws Statutes and Ordinances which are now made and in force and have not yet been sent or which any time hereafter shall be made or enacted within our said Province each of them separately under the public seal unto Our Commissrs for Trade & Plantations within three months by the first opportunity 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 as aforesaid within the time above limited as also of such other penalty as We shall please to inflict 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 and Ordinances are to be transmitted by the next Conveyance after the making thereof whenever it may happen for our approbation or disallowance of the same.
38. And Our further Will and Pleasure is that Copies and Duplicates of all Acts that shall be transmitted as aforesaid be fairly abstracted in the margins and that the several dates or respective times when the same passed the Assembly the Council and received your assent be particularly expressed and You are to be as explicit as may be in your observations (to be sent to Our Commissrs for Trade & Plantations) upon every Act that is to say whether the same is introductive of a new Law declaratoryrs the reasons for the passing of such Law unless the same do fully appear in the preamble of the said Act.
39. You are to require the Secretary of our said Province or his Deputy for the time 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 Our Commissrs for Trade and Plantations as above directed in order to be laid before us which he is duly to perform upon pain of incurring the forfeiture of his place.
40. You are also to require from the Clerk of the Assembly or other proper Officer transcripts of all Journals and other proceedings of the said Assembly fairly abstracted in the margins to the end the same may be transmitted as aforesaid.
41. Whereas We have thought fit by our Order in Council dated the 8th day of April in the twenty seventh year of our reign to repeal and declare void and of none effect an Act passed in Our said Province of North Carolina in 1746 entitled an Act to fix a place for the seat of Government and for keeping public Offices for appointing Circuit Courts and defraying the expence thereof and also for establishing the Courts of Justice and regulating the proceedings therein in order therefore to obviate and remove the difficulties and inconveniences which may arise from the want of a proper establishment of the Courts of Justice It is Our Will and Pleasure that you do as soon as possible after your arrival by and with the advice and consent of our Council constitute and establish such and so many Courts of Justice and Judicature within Our said Province as you and they shall think necessary for the hearing and determining of all causes as well criminal as civil according to Law and equity and for awarding execution thereupon with all reasonable and necessary powers fees and privileges belonging thereunto And it is Our further Will and Pleasure that you do likewise forthwith consider of a proper place for the seat of Government and make Report thereof to Our Commissioners for Trade & Plants in order to be laid before us for our further directions therein
42. Whereas it is necessary that our rights and dues be preserved and recovered and that speedy and effectual justice be administered in all cases relating to our Province You are to take care that a Court of Exchequer be called and do meet at all times as shall be needful and you are upon your arrival to inform us by our Commrs of Trade & Plantations
43. You shall not dissolve any Court or office of judicature already erected or established without our especial order but in regard we have been informed that there is a great want of a particular Court for determining of small causes You are to recommend it to the Assembly of our said Province that a Law be passed if not already done for the constituting such Court or Courts for the ease of our Subjects there.
44. And Whereas frequent complaints have been made of great delays and undue proceedings in the Courts of Justice of several of our Plantations whereby several of our 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 thereof be effectually prevented We do particularly require you to take especial care that in all Courts where you are authorized to preside Justice be impartially administered and that in all other Courts established within our said Province all Judges and other persons therein concerned do likewise perform their several duties without delay or partiality.
45. Whereas We are above all things desirous that our Subjects may enjoy their legal rights and properties 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 full liberty to petition by himself or otherwise the Chief Baron or any other of the Judges of the Common Pleas for a writ of Habeas Corpus which upon such application shall be granted and 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 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 the offence is cognizable and certify the said Writ and Recognizance into the Court unless such offences appear to the said Baron or Judge not bailable by the laws of England.
46. 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
47. 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.
48. And upon the application of any person wrongfully committed the Baron or Judge shall issue his Warrant to the Provost Marshall or other officer to bring the prisoner before him who shall be discharged without bail or paying fees and the Provost Marshall 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.
49. 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 Marshall 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 Marshall or other officer having the custody of the prisoner neglects to return 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.
50. And for the better prevention of long imprisonments you are to appoint two Courts of Oyer and Terminer to be held yearly, viz: on the second Tuesday in December and the second Tuesday in June the charge whereof to be paid by the Public Treasurer of our said Province not exceeding one Hundred Pounds each Session.
51. You are to take care that all prisoners in cases 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 and 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 refusal of the Baron or Judge or Provost Marshall or other officer to do their respective duties therein they shall be removed from their respective places.
52. Provided always that no person be discharged out of prison who stands committed by debt by any Decree of chancery or any legal proceedings of any Court of Record.
53. And for the preventing of any exactions that may 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 two shillings and six pence and the like sum for taking a Recognizance and that the Provost Marshall or other officer shall not receive more than five shillings for every commitment for the Bond the prisoner is to sign one shilling and three pence for every copy of a Mittimus one shilling and three pence and for every mile he bringeth back the prisoner one shilling and three pence unless by the laws of that Province there are other fees for the like services already established.
54. And further you are to cause this Our Royal Pleasure signified to you by the ten articles of instructions immediately preceding this to be made public and registered in the Council Books of our said Province.
55. 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.
56. It is Our further Will and Pleasure that no persons for the future be sent Prisoner to this Kingdom from our said Province without sufficient proof of their crimes and that proof transmitted along with the said Prisoner.
57. 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 goods or lands under which they shall not be capable of serving as Jurors.
58. You shall endeavour to get a law passed if not already done for the restraining of any inhuman severity which by ill Masters or Overseers may be used towards their Christian Servants and their Slaves and that provision be made therein that the wilful Killing of Indians and Negroes be punished with death and that a fit penalty be imposed for the maiming of them.
59. You are to take care that all Writs be issued in Our Name within Our said Province.
60. Our Will and Pleasure is that You or The Commander in Chief for the time being do in all Civil causes on application being made to you or the Commander in Chief for the time being for that purpose permit and allow Appeals from any of the Courts of Common Law in our said Province unto you or the Commander in Chief and the Council of our said Province and you are for that purpose to issue a Writ in the manner which has been usually accustomed returnable before yourself and the Council of our said Province who are to proceed to hear and
61. You are also to admit appeals unto us 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.
62. You shall not appoint any person to be a Judge or Justice of the Peace without the advice and consent of at least three of Our Council signified nor shall you execute yourself or by Deputy any of the said
63. You shall not displace any of the Judges Justices Sheriffs or other Officers or Ministers within Our said Province of North Carolina without good and sufficient cause which you shall signify in the fullest and most distinct manner to Our Commrs for Trade and Plantations in order to be laid before us by the first opportunity after such removal.
64. You shall not suffer any persons to execute more Offices than one by Deputy.
65. And you are with the advice and consent of Our Council to take especial care to establish and regulate all Salaries and Fees belonging to places or paid upon emergencies that they be within the bounds of moderation and that no exaction 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 Our Commissrs for Trade and Plantations in order to be laid before us as aforesaid.
66. And whereas by an Act entituled 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 January 1st 172⅞ under the Lords Proprs common seal of all rights unto 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 unto us and to our Commrs for Trade & 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 whatever 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.
67. Whereas there are several Offices in our Plantations granted under our 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 appointingrs for Trade and Plantations what you think fit to be done or altered in relation thereunto and you are on the misbehaviour of the said Patentees or their Deputies to suspend them from the execution of their places till you shall have represented the whole matter and received our directions therein And in case of the suspension of any such Officer It is Our express Will and Pleasure that you take care that the person appointed to execute the place during such suspension do give sufficient security to the person suspended to be answerable to him for the profits arising during such suspension in case We shall think fit to restore him to his place again. It is nevertheless our Will and Pleasure that the person executing the place during such suspension shall for his encouragement receive the same profits as the person suspended (if a Deputy) did or moiety of the profits in case of suspension of the Patentee. And it is Our further Will and Pleasure that you do countenance and give all due encouragement to all our Patent Officers in the enjoyment of their legal and accustomed fees rights privileges and emoluments according to the true intent and meaning of their Patents.
68. You shall not by colour of any authority hereby or otherwise granted or mentioned to be granted unto you take upon you to give grant or dispose of any place or office within the said Province which now is or shall be granted under the Great Seal of this Kingdom or to which any person is or shall be appointed by warrant under our Signet or Sign Manual any otherwise than that you may upon the vacancy of any such office or place or upon the suspension of any such officer by you as aforesaid put in any fit person to officiate in the interval till you shall have represented the matter to Our Commissrs for Trade & Plantations in order to be laid before us as aforesaid which you are to do by the first opportunity and till the said place be disposed of by us our Heirs or Successors under the Great seal of this Kingdom or until some person be appointed thereto under our Signet and sign manual or that our further directions be given therein.
69. And whereas several complaints have been made by the Surveyors General & 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 & 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
70. And whereas the Surveyors General of the Customs in our Plantations are empowered in cases of the vacancy of any of the offices of our 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 High Treasurer or Commissrs of our Customs for the time being But in regard the districts of the sd Surveyors General are very extensive and that they are required at proper times to visit the officers in the several Governments 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 no delay may be given on such occasions to the Masters of ships or Merchants in their despatches it is Our further Will and Pleasure in case of such absence of the Surveyor General or if he should happen to die and in such case only that upon the death of any Collector of our Customs within that our Province you shall make choice of person of known loyalty experience diligence and 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 the Commissrs of our Treasury or our High Treasurer or by the Commrs of our Customs for the time being which shall be first signified taking care that you do not under pretence of this instruction interfere with the powers and authorities given by the Commrs of our Customs to the said Surveyor General when he is able to put the same into execution.
71. Whereas it is convenient for our Royal service that all the Surveyors General of our Customs in America for the time being should be admitted to sit and vote in the Councils of the respective Islands and Provinces within their Districts as Councillors extraordinary during the time of their residence there We have therefore thought fit to constitute and appoint the Surveyor General of our Customs for our Southern District and the Surveyor General of our Customs within our said District for the time being to be Councillors extraordinary in our said Province and it is Our Will and Pleasure that he and they be admitted to sit
72. It is Our further Will & Pleasure and you are hereby requested by the first opportunity to move the Assembly of our said Province under your government that they provide for the expence of making copies for the Surveyor General of our Customs in our said district for the time being of all Acts and Papers which bear any relation to the duty of his office and in the mean time you are to give orders that the said Surveyor General for the time being as aforesaid be allowed a free inspection in the public offices within your governmt of all such Acts and papers without paying any fee or reward for the same.
73. You are to transmit unto Our Commrs for Trade & Plantations with all convenient speed a particular account of all establishments of Jurisdictions Courts offices and officers powers authorities fees and privileges granted or settled or which shall be granted or settled within our said Province together with an account of all the expences attending the establishments of the said Courts and of such funds as are settled and appropriated for discharging such expences and you are likewise to transmit to Our Commissrs for Trade and Plantations in order to be laid before us exact and authentic copies of all proceedings in such causes when Appeals shall be made to us in our Privy Council.
74. You shall take care with the advice and assistance of our Council that all Court Houses and other public buildings and especially prisons that want reparation be forthwith repaired and put into and kept in such a condition as is proper and necessary for the holding of Courts keeping Offices and securing the prisoners that are or shall be there in custody.
75. Whereas it hath been represented to us that very irregular methods have been hitherto observed and great frauds and abuses committed within respect to grants of land within our said Province whereby our Revenue hath been gratly prejudiced the property of our subjects affected and the
76. You are also to inspect and examine the accounts of the Receivers of our Revenue of Quit Rents arising within our said Province under your government and to order and direct them to lay before you an account of all quit rents which have been received at what time & from whom distinguishing such accounts as have been audited from those which have not and in order to prove the truth of those accounts you are to direct our Deputy Auditors in our said Province and they are hereby required to give you the particulars of such accounts as have been audited and that you may be the better enabled to inform yourself what Grantees within our said Province have paid their quit rents and which of them have not you are to order the said Receivers to lay before you copies or extracts of all Receipts that have been given for the payment of Quit Rents since 1716 and likewise to exhibit to you all Books & Vouchers in their possession that belong to or were kept by any former Receivers of our said Revenue You are likewise to make strict enquiry into the methods used in our said Province in collecting receiving and accounting for our Quit Rents.
77. And when you shall have informed yourself of all and every of the foregoing particulars you are to transmit a full and explicit account thereof and of all your proceedings therein to our Commrs of our Treasury and to our Commissrs for Trade & Plantations in order to be laid before us.
78. And when you shall have made a careful and diligent enquiry to find out the present possessors of lands within our said Province claiming to hold the same either by Proprietary Grants or by virtue of Warrants or Grants derived from us You are then to give public notice by Proclamation or such other manner as shall be thought proper summoning and requiring all persons claiming to hold lands under Grants from the Proprietors antecedent to the 1st day of January 1727 to appear within a reasonable time before you and our Council of our said Province in order to make out their legal titles to such land and it is our Will and Pleasure that the titles of all such persons as are in actual possession of lands byst day of January 1727 and of which lands regular surveys have been made and returned be and are hereby confirmed on condition that they register their patents within six months and likewise take out fresh patents subject to the rents and condition required by these our Instructions for all such land as they shall appear to be in possession of over and above the quantity expressed in their Patents from the Proprietors.
79. And it is our further Will and Pleasure that in the cases of persons in possession of lands which they claim to hold by virtue of Patents under the late Lords Proprietors of Carolina antecedent to the said 1st day of January 1727 which patents they allege to be destroyed by fire or otherwise and of which they may not be able to make full proofs nor of the conditions on which such Patents were passed you do permit such persons to take out new Grants at the accustomed and proper office for the lands subject to the payment of such quit rent and to such conditions of improvement and to cultivation as are required by these our Instructions to you But with respect to persons who shall make full proof of their having had patents from the Lords Proprietors before the said 1st day of Janry 1727 and of the conditions on which such patents were granted you are to suffer all such to hold and enjoy their lands according to the terms and conditions of such patents notwithstanding the same may have been destroyed by fire or otherwise.
80. And Our further Will and Pleasure is that you do require all persons claiming Lands within our said Province by virtue of Patents derived from the said Lords Proprietors since the 1st Janry 1727 to produce to you the said Patents and that you do cause a regular endorsement to be put thereon expressing that such Patentee is bound to the payment of such quit rent and to the performance of such conditions of cultivation and improvement as are required by these our Instructions to you and you are to declare to all such Patentees that such your endorsement shall be evidence of their respective rights Provided the same be regularly registered in the office of our auditor within six months next after the date of such endorsement and in case it shall appear to you that any such Patentee is in possession of a greater quantity of land than is contained and expressed in his Patent from the said Lords Proprietors You are to cause the Lands held by such Patentee to be resurveyed It is Our Will and Pleasure that you do in such case certify the same to our Attorney General of our said Province to the end that such Patent may be forfeited by due course of law It is nevertheless our Will and Pleasure that nothing in these instructions shall extend or be construed to extend to establish a right in any person or persons to lands claimed under
81. And in case it shall appear to you that any of the Grants or Warrants for lands granted or issued by the Governors or Commanders in Chief of our said Province since the date of our purchase were fraudulently obtained or made out in a manner contrary to and inconsistent with our instructions to them in that behalf You are to give public notice by proclamation or in such other manner as you shall think most proper to all persons claiming or holding lands under such Grants or Warrants to appear before you within such reasonable time as you shall appoint in order to take out fresh Grants of such lands subject to the payment of such Quit rents and to such conditions of cultivation and improvement as are required by these our Instructions to you And if any such persons shall neglect or refuse to accept and take out such fresh Grants on the terms and conditions aforesaid You are to certify the same to our Attorney General of our said Province to the end that the forfeiture or invalidity of the Grants or Warrants under which such persons claim may be prosecuted & declared according to the due course of law.
82. You are in like manner to give notice to all persons claiming lands by virtue of Warrants which have not been regularly carried into execution the possessors thereof not having taken out regular Grants for those lands or settled them conformable to our Instructions to Our Governors of our said Province that unless they do forthwith take out such Grants conformably to our said Instructions and in all things comply therewith It is Our Will and Pleasure that the lands so claimed by such Warrants shall be disposed of to such Foreigners or others as shall come to settle in our said Province.
83. You are further to give notice to all such persons who having taken out Grants in pursuance of their Warrants have nevertheless neglected to seat their lands or to pay our Quit Rents for the same agreeably to the terms of their Grants that they shall be forthwith prosecuted for such their default unless they immediately comply with and fulfill the conditions of their Grants.
84. And whereas by our Orders in Council dated the 19th day of May 1737 in the tenth year of our Reign we were graciously pleased to direct that one million two hundred thousand acres of land should be set out and granted unto Murray Crymble and James Huey and their Associates in such proportions as should be required by them and upon the following terms and conditions Viz: that they should settle one white personrs for Trade and Plantations and when the term of ten years to be computed from the dates of the said Grants is fully completed and ended You are to seize and take possession of in our Name and right as forfeited and escheated all such parts and tracts of the said lands as shall not at that time be settled according to the terms of the Grants And you are afterwards to govern yourself in relation to the said lands conformable to the 96th Article of these your Instructions relative to forfeitures and escheats Nevertheless it is our Will and Pleasure that you cause proper measures to be taken to secure the payment of our Quit Rents upon all such parts of the said Grantees lands as shall at that time be duly and completely settled by permitting the possessors holding under them by Grants or leases to attorn unto us for the payment of the Quit Rents and to register at the proper office for such quantity of land as they are actually in possession of respective Grants or leases under which they hold their lands.
85. And whereas it hath been represented unto us that complaint hath been made by Henry MacCulloh in behalf of himself and other associates of the late Murray Crymble and James Huey that they have been greatly disturbed and molested in the quiet possession of their said Grants by the late Governor of our said Province and others acting under his authority who took upon them to grant to other persons lands before set out and granted to them pursuant to our said Royal Order Our Will and Pleasure is and you are hereby directed and required to maintain and support the said Grantees in their just and legal rights and in the quiet possession of their lands.
86. And whereas nothing can more effectually tend to the further improving and settling the said Province the security of the property of our subjects and the advancement of the revenue of Quit Rents than the establishing a regular and proper method of proceeding with respect to the passing of Grants of land within the same It is therefore our Will and Pleasure that all and every person and persons who shall for the future apply to you for any Grant or Grants of land shall previous to obtaining the same make it appear before you in Council that they are in a condition to cultivate and improve the same by settling thereon in proportion to the quantity of acres a sufficient number of white persons or negroes And in case you shall upon a consideration of the circumstances of the person or persons applying for such Grants think it advisable to pass the same in such case you are to cause a Warrant to be drawn up directed to the Surveyor General or other proper Officer empowering him or them to make a faithful and exact survey of the lands so petitioned for and to return the said Warrant within six months at furtherest from the date thereof with a Plott or description of the Land so surveyed thereunto annexed Provided that you do take care that before any such Warrant is issued as aforesaid a Docquet thereof be entered in the Auditor's office and when the Warrant shall be returned by the said Surveyor or other proper Officer the Grant shall be made out in due form and the terms and conditions required by these Our Instructions be particularly and expressly mentioned in the respective Grants And it is our further Will and Pleasure that the said Grants shall be registered within six months from the date thereof in our Secretary's Office there and a Docquet thereof be also entered in our Auditor's office there or that in default thereof such Grants shall be void Copies of all which Entries shall be returned regularly by the proper Officer to our Commrs of our Treasury and to our Commrs for Trade and Plantats six months from the date thereof.
87. And you are to oblige all and every person applying to you for Grants of land as aforesaid to give good & sufficient security that they will not enter upon or begin to cultivate his or their lands until a Patent for the same be finally completed and entered as aforesaid.
88. And whereas great inconveniences have arisen in many of our Colonies in America from the granting excessive quantities of land to particular persons who have never cultivated or settled it and have thereby prevented others more industrious from improving the same in order therefore to prevent the like inconveniences for the future You are to take especial care that in all Grants to be made by you by and with the consent of our Council to persons applying for the same the quantity
That one hundred acres of land be granted to every person being Master or Mistress of a family for himself or herself and fifty acres for every white or black man woman or child of which such person's family shall consist at the actual time of making the Grants subject to the payment of a quit rent of four shillings Proclamation Money for every hundred acres so granted to commence at the expiration of two years from the date of each grant on failure of which the Grant to be void.
That every Grantee upon giving proof that he or she has fulfilled the terms and conditions of his or her Grant shall be entitled to another Grant in the proportion and upon the conditions above mentioned.
That all Grantees of lands be obliged by the terms of their Grants to clear and cultivate at the rate of three acres per year for every hundred acres contained in their Grants in failure of which their grants shall be void.
89. And it is our further Will and Pleasure that in all Grants of land to be made by you as aforesaid regard be had to the profitable and unprofitable acres so that each Grantee may have a proportionable number of one sort and the other as likewise that the length of each tract of land to be hereafter granted do not extend along the banks of any river but into the main land that thereby the said Grantees may each have a convenient share of what accommodation the said river may afford for navigation or otherwise.
90. Whereas We have been at very considerable charge in purchasing the Sovereignty of South & North Carolina together with seven eight parts of the land thereof from the late Lords Proprietors and have actually paid them in consideration of seven eight parts of Quit Rents only alleged to be due and in arrear to them from the inhabitants of our said Province the sum of five thousand pounds, Now as a further mark of our Royal bounty and fatherly indulgence to our people under your government We do hereby impower you to give your assent to a law (if not already done) for remitting the said arrears Provided that by the said law all possessors of land in our Province under your Government do forthwith register their respective Grants 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 as aforesaid to our Commissrs for Trade and Plantations in order to be laid before us and also that every person possessing land in our said Province by virtue of any Grant from
91. And it is our further Will and Pleasure that you do make strict enquiry into the method used in our said Province in collecting receiving and accounting for our quit rents and in case you shall find any fraud concealment irregularity or neglect therein you are to use your utmost endeavour for redressing the same and for establishing a proper method whereby the same may be prevented for the future and whereby our Auditor may be enabled more effectually to cheque and control the accounts exhibited by the Receivers. And if it shall appear necessary to apply to the Legislature of the said Province for the more effectually ascertaining and the more speedily and regularly collecting our Quit Rents You are to prepare the heads of such a Bill as you shall think may most effectually conduce to the procuring the good ends proposed and to transmit the same to our Commissrs for Trade and Plantations in order to be laid before us for our further directions therein.
92. And it is our further Will and Pleasure that the Surveyor General or such other person or persons as you shall think proper to appoint do once in every year or oftener as occasion shall require inspect the state of all Grants of land made by you and make report thereof to you specifying whether the conditions therein contained have or have not been complied or what progress has been made towards fulfilling the same.
93. And whereas We have been graciously pleased by our Letters Patent under our Great Seal of Great Britain bearing date the 17th day of September in the 18th year of our reign to give and grant unto John Lord Carteret now Earl Granville one full eighth part of the Provinces of Carolina in one entire separate district of the Province of North Carolina together with the reversion and reversions remainder and remainders yearly and other rents issues and profits of and into and out of the said ⅛th part of the said Provinces and Territories as by our said recited Letters Patents relation being thereunto had may more fully and at large appear It is therefore Our Will and Pleasure that the Orders Regulations and Directions contained in the 19 foregoing Articles of these Our Instructions do not extend or be construed to extend to such lands as are contained within our said Grant to the said Earl Granville.
94. 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 the pretence that whales are Royal fishes which tends greatly to discourage this branch of fishery in our Plantations and to prevent persons from selling there, it is
95. 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 our Treasury or our High Treasurer for the time being and to our Commrs for Trade & Plantations the nature of the offence and the occasion of such fine or forfeiture 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 mean time suspend the payment of the said fines and forfeitures.
96. 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 nor until you shall have transmitted to our Commrs of our Treasury and to our Commrs for Trade & Plantations a particular account of such forfeitures and escheats and the value thereof and shall have received our directions thereupon and you are to take care that the produce of the said forfeitures and escheats in case we should think proper to give you directions to dispose of the same 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 being and to our Commrs for Trade & Plantations with the names of the persons to whom disposed and provided that in the Grants of all forfeited and 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 Grants in case the same was not so cultivated and planted before and that there be proper saving and reservation of quit rents to us our Heirs & Successors.
97. Whereas we have thought it necessary for our service to constitute and appoint a Receiver General of our rights and perquisites of the Admiralty It is therefore our Will and Pleasure that you be aiding and assisting to the said Receiver General his Deputy or Deputies in the execution of the said office of Receiver General and we do hereby enjoin and require you to make up your account with him his Deputy or Deputies of all rights of admiralty Effects of Pirates included as you or your officers shall or may at any time receive and to pay over to the said Receiver General or his Deputy or Deputies for our use all such sums of
98. 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 scandal or offence to the Government.
99. You shall take especial care that God Almighty be devoutly and duly served throughout your Government the Book of Common Prayer as by law established read each Sunday and Holiday and the blessed Sacrament administered according to the rights of the Church of England.
100. You shall take care that the Churches already built be well and orderly kept and that more be built as the Province by God's blessing shall be improved and that besides a competent maintenance to 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 and exercise of his industry.
101. And you are to take care that the Parishes be so limited and settled as you shall find most convenient for accomplishing this good work.
102. You are not to prefer any Minister to any Ecclesiastical Benefice in that Province without certificate from the Right Reverend Father in God the Lord Bishop of London of his being comformable to the doctrine and discipline of the Church of England and of a 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 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.
103. 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 except in case of sickness or that after notice of a Vestry summoned he omit to come.
104. You are to enquire whether there be any Minister within your government who preaches and administers the Sacrament in any orthodox
105. And to the end the Ecclesiastical Jurisdiction of the Lord Bishop of London may take place within 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 to Benefices granting licenses for marriages and probate of wills which we have reserved to you our Governor and to the Commander in Chief of our said Province for the time being as far as by law we may.
106. And We do further direct that no Schoolmaster be henceforth permitted to come from this Kingdom and to keep school within that our said Province without the license of the Lord Bishop of London and that no person now there or that shall come from other parts shall be admitted to keep school in North Carolina without your license first obtained.
107. And you are to take especial care that a table of Marriages established by the canons of the Church of England be hung up in every Orthodox Church and 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 observance of the said table.
108. The Right Reverend Father in God Edmund late Lord Bishop of London having presented a Petition to his said late Majesty humbly beseeching him to send Instructions to the Governors of all the several Plantations in America that they cause all laws already made against blasphemy, profaneness, adultery fornication polygamy incest prophanation of the Lord's Day swearing and 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 provide effectual laws for the restraint and punishment of all such of the aforementioned 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 upon oath to be made to the Temporal Courts by the Churchwardens of the several Parishes at proper times of the year to be appointed for that purpose and for the further discouragement of Vice and encouragement of virtue and good living that by such examples the Infidels may be invited and perswaded to embrace the Christian Religion You are not to admit any persons to public trust and employments in the
109. You shall send to our Commrs for Trade and Plantations by the first conveyance in order to be laid before us an account of the present number of Planters men women and children as well Masters as Servants free and unfree and of the slaves in our Province as also a yearly account of the increase and decrease of them and how many of them are fit to bear arms in the Militia of our said Province You shall also cause an exact account to be kept of all persons born christened and buried and send yearly fair abstracts thereof to our Commrs for Trade and Plantations aforesaid.
110. And we do further expressly command and require you to give to our Commrs for Trade & Plantations an account every half year of what number of Negroes our said Province is supplied with.
111. 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 as shall be thought fit mustered and trained whereby they may be in a better readiness for the defence of the said Province and for the greater security thereof You are to appoint fit Officers and Commanders in the several parts of that Province bordering upon the Indians who in any Invasion may raise men and arms to oppose them until they shall receive your directions therein.
112. But you are to take especial care that neither the frequency nor unreasonableness of remote marches musterings or training be an unnecessary impediment to the affairs of the inhabitants.
113. 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 and consent of our said Council there.
114. And whereas you will receive from Our Commrs 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.
115. 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 Commission and Instructions granted in this Kingdom copies whereof will be delivered to you But you are not to grant Commissions of Marque Reprisals against any Prince or State or their subjects in amity with us to any person whatsoever without our especial command. And you are to oblige the Commanders of all ships having Private Commissions to wear no other Colours than such as are described in our Order in Council of 7 Janry 1730 in relation to Colours to be worn by all ships of war.
116. 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 of giving any account by letters of the public state and condition of our Province of North Carolina And you are further to give directions to all Masters of ships and 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 interests that their letters should 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 beforementioned.
117. And whereas the Merchants & Planters in America have in time of war corresponded and traded with our Enemies and carried intelligence to them to the great prejudice and 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.
118. Whereas by the 5th and 6th Articles of the Treaty of Peace and Neutrality in America concluded between England and France 16th November 1686 the subjects and inhabitants of 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 ship shall be found trading contrary to the said Treaty upon due proof the said ship shall be confiscated but in case the subjects of either King shall be forced by stress of weather enemies or other necessity into the ports of the other in Americat the purport and intent of the above said two Articles And that you take particular care that the same be punctually observed and put in execution and that no illegal trade be carried on between our subjects in our Province of North Carolina under your government and the French settlements in America by any of our ships of war attending that Province or by any other ships British as likewise that none of the French subjects be allowed to trade from their settlements to North Carolina or to fish upon the Coast thereof.
119. Whereas Commissions have been granted to 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 suppression of piracy and by a Commission to be given you, you as Captain General and General 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 said Acts and Commission aforesaid.
120. Whereas it is absolutely necessary that we be exactly informed of the state of defence of all our Plantations in America as well in relation to the stores of war that are in each Plantation as to the Forts and Fortifications there and what more may be built for the defence and security of the same You are as soon as possible to prepare an account thereof with relation to our said Province in the most particular manner and you are therein to express the present state of the arms ammunition and other stores of War belonging to the said Province either in any public Magazines or in the hands of private persons together with the state of all places either already fortified or that you judge necessary to be fortified for the security of our said Province and you are to transmit the said accounts to our Commissrs for Trade & Plantations in order to be laid before us as also a duplicate thereof to the Master General or Principal Officers of our Ordnance which accounts are to express the particulars of ordnance carriages ball powder and all other sorts of arms and ammunition in the public stores at your said arrival and so from time to time of what shall be sent to you or bought with public money and to specify the time of the disposal and the occasion thereof and other like accounts half yearly in the same manner.
121. Whereas divers Acts have from time to time been passed in several of our Colonies in America imposing a duty of powder on every Vessel that enters and clears in the said Colonies which has been of great service in furnishing the Magazine for the defence of the said Colonies in time of danger, It is our express Will and Pleasure and you are hereby required and directed to recommend to the Assembly of North Carolina to pass a Law for collecting a powder duty and that the Law for that purpose be made perpetual that a certain time in that Act not exceeding twelve months be allowed for giving notice thereof to the several Masters of Vessels trading to North Carolina and that for the more ample notification thereof a Proclamation be also published in your said Government declaring that from and after the expiration of the time limited by the said Act for such notice no commutation be allowed of but upon evident necessity which may some time happen whereof you or the Commander in Chief for the time being are to be the Judge in which case the said Master shall pay the full price Gunpowder sells for there and the money so collected shall be laid out as soon as may be in the purchase of gunpowder And you are also to transmit every six months to our Commrs for Trade & Plantations an account of the particular quantities of powder collected under the said Act in your government and likewise a duplicate thereof to the Master General or Principal Officers of our Ordnance.
122. You are to take especial care that fit storehouses be settled in the said Province for receiving and keeping of arms ammunition and other public stores.
123. 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 what aid the condition and safety of our Province under your governt can spare.
124. You are from time to time to give an account as before directed 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.
125. Whereas it is highly necessary for the welfare of Carolina that a good understanding should be maintained with the Indians 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 ways & means for regaining the affections of the said Indians and to preserve a good correspondence with such of them as remain faithful to our interests And you are hereby likewise directed to recommend in the strongest terms to the Indian Traders to be just and reasonable in their dealings
126. You shall cause a survey to be made 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 for the passing of such Acts as may be requisite for the carrying on of that work of which we doubt not of their cheerful concurrence from the common security and benefit they will receive thereby.
127. You shall transmit to our Commrs of Trade and Plantations by the first opportunity in order to be laid before us 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.
128. You are likewise from time to time to give unto our Commrs for Trade and Plantations as aforesaid in order to be laid before us an account of the wants and defence of our said Province what are the chief products thereof what are the new improvements made therein by the industry of the inhabitants and planters and what further improvement you conceive may be made or advantage gained by trade and which way we may contribute thereunto.
129. If anything shall happen which may be of advantage and 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 our Commrs for Trade and Plantations speedy notice thereof in order to be laid before us that so you may receive our ratification thereof if we shall approve 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 given thereof to our Commrs for Trade and Plantations in order to be laid before us.
130. 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 and under our Sign Manual and Signet or by our Order in our Privy Council yet nevertheless in case
131. And whereas We have been pleased 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 commissionated or appointed by us to be our Lieut. Governor 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 and execute our said Commission and Instructions and the several powers & authorities therein contained in the manner therein directed It is nevertheless Our express Will and Pleasure that in such case the said eldest Councillor or President shall forbear to pass any Act or Acts but such as shall be immediately necessary for the peace and welfare of our said Colony without our particular order 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 advice and consent of at least seven of the Council and the said President is to transmit to our Commrs for Trade and Plantations by the first opportunity the reason for such alteration signed by himself and by our Council in order to be laid before us.
132. 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 within the same for the time being Our Will and Pleasure therefore is that when it shall happen you shall be absent from the said Province one full moiety of the Salary and of all perquisities & emoluments whatsoever which would otherwise become due unto you shall during the time of your absence from our said Province be paid and satisfied unto such Lieut. Governor Commander in Chief or President of our 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.
133. And you are upon all occasions to send unto our Commrs for Trade & Plantations only a particular account of all your proceedings and of the condition of affairs within your Government in order to be laid before us Provided nevertheless whenever any occurrence
The Instructions for Trade given to Arthur Dobbs Esqre were the same mutatis mutandis as those given to John Reynolds Esq. Governor of Georgia.