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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
January 13, 1768 - January 15, 1768
Volume 07, Pages 672-676

[From MS. Records in Office of Secretary of State.]
COUNCIL JOURNALS.


At a Council held at Newbern 13th January 1768—
Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire
The Honble Benjamin Heron Esquire
and
The Honble Samuel Strudwick Esquire

His Excellency was pleased to lay before this Board two orders from His Majesty in Council dated 26th day of June last past—

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It is the unanimous opinion of this Board that his Excellency will be pleased to order two proclamations to issue notifying the same, and it is ordered the said Proclamation issue in the following words, Vizt


North Carolina—Ss.

By His Excellency William Tryon Esquire &c.

A Proclamation.

Whereas I have had transmitted to me by the Earl of Shelburne, an order from his Majesty in Council dated 26th day of June last repealing three Acts of Assembly in this Province in 1764 and 1765 intitled as follows—Vizt

“An Act for the more effectual suppressing of Felonys and Punishment of Counterfeiters of the Paper Currency of this Province and Virginia

“An Act for rendering more effectual the laws making Lands and other Real Estates liable to the Payment of Debts,

“An Act for confirming the Title of William Dry Esqr to certain Lands therein mentioned,”

I have therefore thought proper by and with the advice and consent of his Majestys Council to issue this Proclamation to notify the repeal of the same and the said three Acts from thenceforth are hereby repealed declared void and of none effect,

Given under my hand and the Great Seal &c.
WILLIAM TRYON.

North Carolina—Ss.

By His Excellency William Tryon Esquire &c.

A Proclamation

Whereas I have had transmitted to me by the Earl of Shelburne, an order from his Majesty in Council dated 26th June last, confirming, an Act passed in this Province in May 1765 Intitled—An Act for establishing an Orthodox Clergy.

I have thought proper by and with the advice and consent of his Majesty's Council to issue this Proclamation to notify the same, and that the said Act is thereby Confirmed, Finally enacted and ratified accordingly.

Given under my hand and the Great Seal &c.
Wm. TRYON.

-------------------- page 674 --------------------

At a Council held at Newbern 15th January 1768.
Present.
His Excellency the Governor
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Alexander McCulloch Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire
The Honble Benjamin Heron Esquire

His Excellency laid before this Board a draft of a Proclamation to prevent the abuses in Clerks of the Inferior Courts by signing and directing Marriage Licenses and the Justices Marrying under such Licenses the same was approved of, and ordered a Proclamation issue in the following Words—

By His Excellency William Tryon Esq, His Majesty's Captain General Governor and Commander in Chief in and over the said Province

A Proclamation—

Whereas, by an Act of the General Assembly passed in the year 1741 Intitled An Act concerning of Marriages it is among other things, Enacted that all Marriage Licences shall be issued under certain Rules and directions, therein mentioned by the Clerk of the County wherein the Feme has her usual Residence and be signed and directed by the first Justice in the Commission of the peace for the County or by a Person Commissioned by the Governor for that purpose, which power to a Justice for signing and directing of Marriage Licenses Has since been thought improper as having a tendency to elude the payment of the just and legal fees to the Governor on Marriage Licences and accordingly the General Assembly in 1766 by an amendatory Act to the former and in the Repealing Clause thereof hath repealed that part of the Clause in the Act passed in 1741 which gave a power to a Justice for to sign and direct Marriage Licences, And in an enacting clause vested that power solely in the Governor and inflicted the penalty of fifty pounds on any Minister or Justice of the Peace who should celebrate or solemnize the rites of Matrimony between any person whatsoever in this Province by a Licence unless such Licence should be under the hand and seal of the Governor or Commander in Chief for the time being—Notwithstanding all which many Justices have of late taken upon themselves to sign and direct marriage licences, I suppose

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and would willingly hope, not from a contempt of Law, but from an erroneous construction of the provisionary clause in the Amendatory Act which gives a power to the Clerks when unsupplied with Blank Marriage Licenses to write Licenses under the same Regulations and Restrictions as directed and prescribed by the Act made in 1741, but gives no power to any Justice or other Person to sign and direct the Licenses when so wrote and certified by the Clerk but under the Authority and by the direction of the preceeding and enacting clause are to be signed and sealed by the Governor and Commander in Chief.

In order therefore to correct this mistake and to prevent such injurious Practices to the public for the future—I have thought fit by and with the advice and consent of his Majestys Council to issue this my Proclamation hereby prohibiting and forbiding each and every Justice and Clerk of any Inferior Court in this Province hereafter to sign or direct (unless under my hand and seal) any Marriage Licence And whereas many Clerks have failed to apply to me for blank Marriage Licences, and it being almost impracticable at all times to send blanks to each of the Clerks of the several Counties within this province—I take this method of informing them that if it is inconvenient for them personally to apply to me they may be supplied with any number of blank Marriage Licences by any Person who at their request under their hand shall apply to me for such Blanks—I am prompted both from duty and inclination to make it as convenient as possible to such clerks as may not have it in their Power to apply or send to me for blank Marriage Licenses, and therefore for the ease and conveniency of such as well as others I have given orders to my Secretary that a number of blank Marriage Licenses be lodged with some person who shall be made known in the District of each Superior Court in this Province to whom the Clerks in the Respective districts may with great Facility furnish themselves with any number of Blanks they choose to take, and I expect they will think themselves bound in Honour annually at the time by Law appointed to Account to me for all fees they may Receive on my behalf as it would be exceedingly disagreeable to me to be compelled to have recourse to law to inforce a settlement.

Given under my hand and the Great Seal of the said Province at Newbern 16th Jany: in the Eighth year of his Majestys Reign 1768

Wm. TRYON.
-------------------- page 676 --------------------

The Business of the present Session of Assembly being concluded His Excellency proposed to prorogue the General Assembly tomorrow morning to Tuesday the 31st of May next then to meet at Newbern and desired the opinion of this Board thereon—It is the unanimous opinion of this Board that the General Assembly be prorogued accordingly and that a proclamation issue to notify the same, Vizt

A Proclamation,

Whereas the Business of this present Session of Assembly is now finished—I therefore think fit by and with the advice and consent of his Majestys Council to prorogue the said Assembly till Tuesday the 31st May next then to meet at Newbern for the dispatch of Public business and the said Assembly is prorogued accordingly.

Given under my hand &c
Wm. TRYON.