- Transcription
Representation to His Majesty with the Draught of a Commission for Arthur Dobbs Esqr. Governor of the Province of North Carolina.
1761 March 4th.
To the King's most Excellent Majesty
May it please your Majesty
In obedience to your Majesty's Order in Council dated 27th. of February We have prepared the Draught of a Commission, for Arthur Dobbs Esqr. to be Captain General and Governor in Chief, of your Majesty's Province of North Carolina, and also a Warrant for passing the Same under the Great Seal; which being in the usual Form, We humbly beg leave herewith to lay them before your Majesty, and shall prepare the necessary Instructions, for the said Governor, with all possible dispatch.
Which is most humbly submitted.
Exd.
Our Will and Pleasure is that you prepare a Bill for Our Royal Signature, to pass Our Great Seal of Great Britain in the Words or to the Effect following.
George the Third by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith &ca, To Our Trusty and Wellbeloved Arthur Dobbs Esquire Greeting; Whereas Our late Royal Grand Father of blessed Memory, did by His Letters Patent, under the Great Seal of Great Britain, bearing date at Westminster the [intentionally blank] day of [intentionally blank] in the [intentionally blank] year of His Reign, constitute and appoint you the said Arthur Dobbs Captain General and Governor in Chief, in and over Our Province of North Carolina in America; during His late Majesty's Will and Pleasure, as by the said recited Letters Patent; relation being thereunto had, may now fully and at large appear; Now Know you that We have revoked and determined, and by these Presents do revoke and determine, the said recited Letters Patent and every Clause, Article, and thing therein contained; and further Know you, that We reposing especial Trust and Confidence, in the Prudence, Courage and Loyalty of you the said Arthur Dobbs, of Our especial Grace certain Knowledge and meer Motion, have thought fit to constitute and appoint, and by these Presents do constitute and appoint you the said Arthur Dobbs; to be Our Captain General and Governor in Chief in and over Our Province of North Carolina in America.
And We do hereby require and Command you to do and execute all things in due manner, that shall belong unto your said Command, and the Trust We have reposed in you, according to the several Powers and Authorities granted or appointed by you by this present Commission, and the Instructions herewith given you, or by such further Powers, Instructions and Authorities, as shall at any time hereafter be granted or appointed you, under Our Signet and Sign Manual; or by Our Order in Our Privy Council; and according to such reasonable Laws and Statutes as now are in force or hereafter shall be made and agreed upon by you, with the Advice and Consent of Our Council, and the Assembly of Our said Province under your Government; in such manner and Form as is hereafter expressed.
And Our Will and Pleasure is, that you the said Arthur Dobbs (after the publication of these Our Letters Patent) do in the first place take the Oaths appointed to be taken, by An Act passed in the first year of the Reign of King George the First of blessed Memory Entituled 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 that you may make and subscribe the Declaration mentioned in An Act of Parliament, made in the 25th. year of the Reign of King Charles the Second, Entituled An Act for preventing dangers which may happen from Popish Recusants, and likewise, that you take such Oath, as is usually taken by the Governors of Our Colonies in America, for the due Execution of the Office and Trust, of Our Captain General and Governor of Our said Province, for the due and impartial Administration of Justice; and further, that you take the Oath required to be taken, by Governors of Plantations, to do their utmost, that the several Laws, relating to the Plantations be observed, which said Oaths and Declaration, Our Council in Our said Province, or any three of the Members thereof, have hereby full Power and Authority and are required to tender and administer unto you, and in your absence to Our Lieutenant Governor, if there by any upon the Place. All which being duly performed, you shall administer unto the Members of Our said Council, as also to Our Lieutenant Governor, if there by any upon the Place, the said Oaths mentioned in the said Act entituled 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 to cause them to make and subscribe the aforementioned Declaration, and to administer to them the Oath, for the due Execution of their Places and Trusts.
And We do hereby give and grant unto you, full Power and Authority, to suspend any of the Members of Our said Council from sitting Voting and assisting therein, if you shall find just cause for so doing.
And if it shall at any time happen, that by the Death, Departure out of Our said Province, Suspension of any of Our said Councillors or otherwise, there shall be a Vacancy in Our said Council (any Three whereof We do hereby appoint to be a Quorum) Our Will and Pleasure, is that you signify the same unto Us by the first Opportunity, that We may under Our Signet and Sign Manual, constitute and appoint others in their Stead.
But that Our Affairs at that distance may not suffer, for want of a due Number of Councillors, if ever it shall happen, that there be less than Seven of them, residing in Our said Province; We do hereby give and grant unto you the said Arthur Dobbs, full Power and Authority to choose as many Persons out of the principal Freeholders, Inhabitants thereof, as will make up the full Number of Our said Council to be Seven and no more, which Persons so chosen and appointed by you, shall be to all Intents and purposes, Councillors in Our said Province until either they shall be confirmed by Us or that by the nomination of others by Us under Our Sign Manual and Signet, Our said Council shall have Seven or more Persons in it.
And We do hereby give and grant unto you full Power and Authority with the Advice and Consent of Our said Council, from time to time as need shall require; to summon and call General Assemblies of the said Freeholders and Planters, within your Government; according to the Laws and Usages of Our said Province of North Carolina.
And Our Will and Pleasure is, that the Persons thereupon duly elected by the Major part of the Freeholders, according to such Laws and Usages as aforesaid, and of the respective Counties and Places, and so returned, shall before their Sitting take the Oaths mentioned in the said Act, Entituled 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 the forementioned Declaration (which Oaths and Declaration you shall commissionate fit persons under Our Seal of North Carolina to tender and administer unto them, and until the same shall be so taken and subscribed, no person shall be capable of Sitting tho' elected) And We do hereby declare, that the Persons so elected and qualified shall be called and deemed the General Assembly of that Our said Province and Territory of North Carolina.
And that you the said Arthur Dobbs with the consent of the said Council and Assembly, or the Major part of them respectively, shall have full Power and Authority to make, constitute and ordain Laws, Statutes and Ordinances, for the publick Peace, Welfare and good Government of Our said Province; and of the People and Inhabitants thereof, and such others as shall resort thereto, and for the benefit of Us, Our Heirs and Successors; which said Laws, Statutes and Ordinances, are not to be repugnant, but as near as may be agreeable to the Laws and Statutes of this Our Kingdom of Great Britain.
Provided, that all such Laws, Statutes and Ordinances, of what nature or duration soever, be within three Months or sooner after the making thereof, transmitted unto Us, under Our said Seal of North Carolina, for Our Approbation or Disallowance of the Same, as also Duplicates thereof by the next Conveyance.
And in case any or all of the said Laws, Statutes and Ordinances, not before confirmed by Us, shall at any time be disallowed and not approved, and so Signified by Us, Our Heirs or Successors, under Our or their Signet or Sign Manual, or by Order of Our or their Privy Council, unto you the said Arthur Dobbs, or to the Commander in Chief of Our said Province for the time being, then such and so many of the said Laws, Statutes and Ordinances, as shall be so disallowed, and not approved, shall from thenceforth cease, determine and become utterly void, and of none Effect, any thing to the Contrary notwithstanding.
And to the end that nothing may be passed or done by Our said Council or Assembly to the prejudice of Us, Our Heirs and Successors; We will and ordain, that you the said Arthur Dobbs, shall have and enjoy a negative Air, in the making and passing of all Laws, Statutes and Ordinances as aforesaid.
And you shall and may likewise from time to time, as you shall Judge it necessary, adjourn, prorogue, and dissolve all General Assemblies as aforesaid.
Our further Will and Pleasure is, that you shall and may keep and use the publick Seal of Our said Province of North Carolina, for Sealing all things whatsoever, that ought to pass the Seal of Our said Province under your Government.
And We do further give and grant unto you the said Arthur Dobbs, full power and authority, from time to time and at any time hereafter, by yourself, or by any other to be authorized by you in that behalf, to administer and give the Oaths mentioned in the said 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 to all and every such person or persons as you shall think fit; who shall at any time or times pass into Our said Province, or shall be resident or abiding there.
And We do by those Presents, give and grant unto you the said Arthur Dobbs, full Power and Authority, with the Advice and Consent of Our said Council to erect, constitute and Establish such and so many Courts of Judicature and publick Justice, within Our said Province and Territory, as you and they shall think fit and necessary, for the hearing and determining of all Causes, as well Criminal as Civil, according to Law and Equity, and for awarding of Execution thereupon, with all reasonable and necessary Powers, Authorities, Fees and Privileges belonging thereunto, as also to appoint and Commissionate fit persons, in the several parts of your Government, to administer the Oaths mentioned in the foresaid Act, as also to tender and administer the aforesaid Declaration, unto such persons belonging to the said Courts, as shall be obliged to take the Same.
And We do hereby authorize and impower you, to constitute and appoint Judges, and in Cases requisite Commissioners of Oyer and Terminer, Justices of the Peace, and other necessary Officers and Ministers in Our said Province, for the better Administration of Justice, and putting the Laws in Execution; and to administer or cause to be administred unto them, such Oath or Oaths as are usually given, for the due Execution and performance of Offices and Places, and for the Clearing of Truth in Judicial Causes.
And We do hereby give and grant unto you full Power and Authority, where you shall see Cause, or shall Judge any Offender or Offenders in Criminal Matters, or for any Fines or Forfeitures due unto Us, fit Objects of Our Mercy to pardon all such Offenders, and remit all such Offences, Fine and Forfeitures, Treason and Willful Murder only excepted; In which case, you shall likewise have Power upon extraordinary Occasions, to grant Reprieves to the Offenders until, and, to the Intent Our Royal Pleasure may be made known therein.
And We do by these Presents Authorize and impower you, to collate any person or persons to any Churches, Chappels or other Ecclesiastical Benefices, within Our said Province and Territory aforesaid, to which We Our Heirs and Successors are, or shall be entituled to collate, as often as any of them shall happen to be void.
And We do hereby give and grant unto you the said Arthur Dobbs, by yourself, or by your Captains and Commanders by you to be authorized, full Power and Authority to Levy, Arm, Muster, command and employ all persons whatsoever residing within Our said Province and Territory of North Carolina, and as Occasion shall serve, to march from one Place to another, or to embark them, for the resisting and withstanding of all Enemies, Pirates and Rebels both at Land and Sea, and to transport such Forces to any of Our Plantations in America if necessity shall require, for the defence of the same; against the Invasion or Attempts of any of Our Enemies, and such Enemies, Pirates and Rebels (if there shall be Occasion) to pursue and prosecute in, or out of the Limits of Our said Province and Plantations or any of them; And (if it shall so please God) them to vanquish, apprehend and take, and being taken according to Law to put to Death, or keep and preserve alive at your Discretion; and to execute Martial Law in time of Invasion, or other times when by Law it may be executed and to do and execute all and every other thing and things which to Our Captain General or Governor in Chief, doth or ought of right to belong.
And We do hereby give and grant unto you, full Power and Authority, by and with the Advice and consent of Our said Council of North Carolina to erect, raise and build in Our said Province and Territory, such and so many Forts and Platforms, Castles, Cities, Boroughs, Towns and Fortifications, as you by the Advice aforesaid shall judge necessary, and the same or any of them to fortify and furnish with Ordnance, Ammunition and all Sorts of Arms, fit and necessary for the Security and Defence of Our said Province And by the Advice aforesaid the same again or any of them to demolish or dismantle, as may be most convenient.
And for as much as divers Mutinies and Disorders may happen by persons Shipt and employed at Sea during the time of War; And to the end, that such as shall be Shipt and employed at Sea during the time of War may be better governed and ordered; We do hereby give and grant unto you the said Arthur Dobbs, full Power and Authority to constitute and appoint Captains, Lieutenants, Masters of Ships and other Commanders and Officers, Commissions to execute the Law Martial during the time of War, according to the Directions of an Act passed in the twenty second year of the Reign of Our late Royal Grandfather, entituled An Act for amending, explaining and reducing into one Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels and Ships by Sea, and to use such proceedings, Authorities, Punishments, Corrections and Executions, upon any Offence or Offenders who shall be mutinous, seditious, disorderly or any way unruly, either at Sea or during the time of their Abode, or residence in any of the Ports, Harbours or Bays of Our said Province and Territory, as the Cause shall be found to require, according to Martial Law, and the said Directions during the time of War as aforesaid; provided that nothing herein contained, shall be construed to the enabling you, or any by your Authority to hold Plea, or have any Jurisdiction of any Offence, Cause, Matter or thing committed or done upon the high Seas, or within any of the Havens, Rivers or Creeks of Our said Province and Territory under your Government, by any Captain, Commander, Lieutenant, Master, Officer, Seaman, Soldier or person whatsoever who shall be in Our actual Service and Pay in or on board any of Our Ships of War, or other Vessels acting by immediate Commission or Warrant from Our Commissioners for executing the Office of Our High Admiral, or from Our High Admiral of Great Britain for the time being, under the Seal of Our Admiralty: But that such Captain, Commander, Lieutenant, Master, Officers, Seaman, Soldier or other person so offending, shall be left to be proceeded against and Tryed, as their Offences shall require, either by Commission under Our Great Seal of Great Britain, as the Statute of the 28th of Henry the Eighth directs, or by Commission from Our said Commissioners for executing the Office of Our High Admiral, or from Our High Admiral of Great Britain for the time being, according to the forementioned Act for amending, explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty's Ships, Vessels and Forces by Sea and not otherwise; provided nevertheless, that all Disorders and Misdemeanours committed on Shore by any Captain, Commander, Lieutenant, Master, Officer, Seaman, Soldier or other person whatsoever, belonging to any of Our Ships of War, or other Vessels acting by immediate Commission or Warrant from Our said Commissioners, for executing The Office of High Admiral, or from Our High Admiral of Great Britain for the time being, under the Seal of Our Admiralty, may be tried and punished, according to the Laws of the Place, where any such Disorders, Offences and Misdeameanours shall be committed on Shore, notwithstanding such Offender be in Our actual Service, and borne in Our Pay, on board any such of Our Ships of War, or other Vessels acting by immediate Commission or Warrant, from Our said Commissioners for executing the Office of High Admiral, or Our High Admiral of Great Britain for the time being as aforesaid, so as he shall not secure any Protection, for the avoiding of Justice, for such Offences committed on Shore, from any pretence of his being employed in Our Service at Sea.
And Our further Will and Pleasure is, that all publick Money raised, or which shall be raised by any Act hereafter to be made, within Our said Province, be issued out by Warrant from you by and with the Advice and Consent of the Council, and disposed of by you for the Support of the Government and according to the Laws of Our said Province of North Carolina and not otherwise.
And We do likewise give and grant unto you full Power and Authority by and with the Advice and Consent of Our said Council to settle and agree with the Inhabitants of Our said Province, for such Lands, Tenements and Hereditaments as now are, or hereafter shall be in Our power to dispose of, and them to grant to any person or persons, upon such Terms and under such moderate Quit Rents, Services and acknowledgements, to be thereupon reserved unto Us, as you by the Advice aforesaid shall think fit; which said Grants are to pass and be sealed by Our publick Seal of Our said Province, and being entered upon Record by such Officer or Officers as are, or shall be appointed thereunto, shall be good and effectual in Law, against Us, Our Heirs and Successors.
And We do hereby give and grant unto you the said Arthur Dobbs, full power to order and appoint Fairs, Marts and Markets, as also such and so many Ports, Harbours, Bays, Havens, and other Places for Convenience and Security of Shipping; and for the better loading and unloading of Goods and Merchandizes, as by you with the Advice and Consent of the said Council shall be thought fit and necessary.
And We do hereby require and command all Officers and Ministers Civil and Military, and all other Inhabitants of Our said Province and Territory, to be obedient aiding and assisting unto you, the said Arthur Dobbs, in the Execution of this Our Commission, and of the Powers and Authorities herein contained, and in case of your Death or Absence out of Our said Province, to be obedient, aiding and Assisting unto such person as shall be appointed by Us, Our Heirs and Successors to be Our Lieutenant Governor, or Commander in Chief of Our said Province, to whom We therefore by these Presents give and grant all and singular the Powers and Authorities herein granted, to be by him executed and enjoyed, during Our Pleasure, or until your Arrival within Our said Province, and whom We do hereby require to take all such Oaths and make such Declaration, as are herein before appointed to be taken and made by you mutatis mutandis, which said Oaths and Declaration, Our said Council in Our said Province, or any three of the Members thereof have hereby full Power and are hereby required to tender and administer.
And if upon your Death or Absence out of Our said Province, there be no person upon the Place commissionated or appointed by Us, to be Our Lieutenant Governor, or Commander in Chief of Our said Province; Our Will and Pleasure is, that the eldest Councillor, whose Name is first placed in Our said Instructions to you, and who shall be at the time of your Death or Absence, residing within Our said Province and Territory of North Carolina shall take upon him the Administration of the Government and execute Our said Commission and Instructions, and the several Powers and Authorities therein contained, in the same manner, and to all Intents and purposes as other Our Governor or Commander in Chief, should or ought to do, in case of your Absence, until your return, or in all Cases, until Our further Pleasure be known therein.
And We do hereby declare, ordain and appoint, that you the said Arthur Dobbs shall and may hold, execute and enjoy the Office and Place of Our Captain General and Governor in Chief of Our said Province and Territory of North Carolina, with all it's Rights, Members and Appertenances whatsoever, together with all and Singular the Powers and Authorities hereby granted unto you, for and during Our Will and Pleasure. In Witness whereof We have caused these Our Letters to be made Patent. Witness Our Self at Westminster the [intentionally blank] day of [intentionally blank] 1761 in the first year of Our Reign.
And for so doing this shall be your Warrant Given at Our Court at St. James's the [intentionally blank] day of [intentionally blank] 1761, in the first year of Our Reign.
By His Majesty's Command
Exd.
