Carolina Under the Lords Proprietors' Rule

Lords Proprietors' Commission to Governor Edward Tynte

His Excellency William Lord Craven Palatine. The most Noble Henry Duke of Beaufort. The Right Honble John Lord Carteret. The Honble Maurice Ashley Esqr. Sr John Colleton Bart. John Danson Esqr, and the rest of the true and absolute Lords Proprietors of the Province of Carolina.

To Our Trusty and Wellbeloved Edward Tynte Esqr Governor of our province of North and South Carolina

Wee the said true and absolute Lords Proprietors of the province aforesaid. Reposing Special trust and confidence in the Courage Loyalty and prudence of you our said Governor Do hereby constitute and appoint you the said Colonel Edward Tynte during Our pleasure Governor of our whole province of South and North Carolina and you are to do and execute all things in due manner that shall belong to you Command Or the Trust we have Reposed in you according to the several powers and directions granted and appointed you by this present Commission & Our Instructions And by such further powers & instructions as shall at any time hereafter be Granted and appointed you under our handes and seals according to such reasonable Laws & Statutes as already have been Ratified and confirmed by us or hereafter shall be made and agreed upon by you with ye advice and consent of Our Deputies and General Assemblies of our said province or any part thereof wherein there is a distinct Goverment And we do hereby further Impower Constitute and appoint you our said Governor To be Admiral Captain General and Commander in Chief of all the Forces Raised or to be Raised both by Sea and Land within Our said province and over them to appoint a Lieutenant General or Lieut Generals Vice Admiral or Vice Admirals both in South and North Carolina And over such Forces aforesaid to appoint all Officers whatsoever and them to approve and remove at your will and pleasure and to cause the said Forces to be exercised in Arms as often as you shall see fit And we hereby give you full power and authority to appoint Governors and Lieutenants and other Officers as well of our Town & Citadell of Charles Town as of all other Castles, Forts and all other places fortified or to be Fortified within our said province and to do all other things as to a Captaine General or Commander in Chief doth belong And We do hereby further Authorize and Impower you by and with ye advice and consent of any four of Our Deputies and Generall Assembly to Repeal or alter any Laws whatsoever in Our said province as shall be thought fit to be changed and to enact all such reasonable Laws and Statutes for the better Government of Our sd province as you with the advice and consent of any four of our Deputies and the General Assembly shall think fit and expedient provided such Laws be not repugnant to the Laws of England nor invading of any the prerogatives Royal Granted to us by Our Charter and we do hereby authorize and Impower you in case of your departure from thence to appoint a Deputy Governor & Governors in South or North Carolina with such powers as you shall think necessary Provided the same be agreeable to and do not exceed those by us Granted to yourself and to constitute and appoint all and singular Officers and Offices in and Government of Our said province during your pleasure and the pleasure of us the Lords Proprietors And We do further give you full power and authority with the advice and consent of any four or more of Our Deputies to Grant & sell our Lands in fee both in South and North Carolina after the rate of 20£ for every 1000 acres and with the yearly quit rent or acknowledgemt for ever to us and our heirs of 10s payable for such 1000 acres And also to Sell & Lett Our Lands not exceeding 640 acres to any one person in that part of our province called South Carolina. Reserving only one penny yearly for each acre And in North Carolina reserving only one half penny for each acre to us & our Heirs for ever and to let Lands in that part of our province reserving a quit rent of an halfpeny an acre And We hereby Impower you to Escheat Land and afterwards to Lett it for Rent or sell the same for our use Lastly We do hereby revoke repeal and make void all former Commissions whatsoever by us given to any former Governor or President of Our said Province of Carolina or any part thereof Given under Our hands and the Great Seal of Our Province at Craven House this ninth day of December One thousand seven hundred & eight

[LOCUS MAGNI SIGILLI CAROLINÆ]

CRAVEN Palatine
BEAUFORT
CRAVEN for the Ld CARTERET
M ASHLEY
J COLLETON
M ASHLEY for JOS BLAKE
JOHN DANSON

Lords Proprietors' Instructions to Governor Edward Tynte

FURTHER ADDITIONAL INSTRUCTIONS TO COLONEL EDWARD TYNTE GOVERNOR OF CAROLINA

You are constantly to transmit to us all Laws passed there as soon as possible for our approbation

1. You are by and with the advice and consent of any four or more of our Deputies to adjourn prorogue and dissolve the General Assembly as often as you shall thinke requisite so to do

2. And that there may be no interruption or delay in matters of prosecution and execution of Justice in Our Courts of Judicature within Our said province by the death or removall of any of Our Officers Imploy'd therein, Untill we can be advised thereof (Which advice you are to transmit to vs the first opportunity) You are to appoint others to succeed in their places, and you shall make Choice of persons of known Loyalty Experience, Diligence and Fidility to be imployed for the purposes aforesaid until you shall have Our approbation of them or Nomination of others from hence

You are particularly to enquire into ye affairs of Rebecca Cox Widdow And see that she has justice done her according to the Merits of her Cause

3. You are with the Assistance of Nathaniel Sale Esqr Our present Receiver General, and Commisrs appointed for that purpose to take and Inspect the Accounts of ____ Ashley Esqr Our late Receiver General from the time of his being put in possession of the said Office And after you audited and approved the same to attest the accts according to the form given to preceding Govrs and such money as shall be received for the Ballance of such Acct you are to take particular care that it be transmitted to us with what convenient speed you can according as shall be directed by us

Whereas Landgrave Abel Ketelby hath purchased 5000 acres of Land of us and paid to us 100£ as ye purchase mony for the same You are to direct and Order Colonl Broughton Our Surveyor General to admeasure and set out 5000 acres of Land for him the said Landgrave Ketelby according to the Custom and usage of Our province for which you are to pass Grants to the said Ketelby and his heirs for ever reserving the quit rent of ten shillings for every 1000 acres, to be paid to us—our heirs and assignes for ever

If you Our said Governor should happen to depart the province or any other ways to be out of the Government and no other person on the place authorized by you according to the power granted to you by Our Commission Or if you Our said Governor should happen to dye and there should be no person on the place Commissioned by the Palatine Or us the Lords Proprietors Our will and pleasure is, That Our Deputies who are made so under Our hands and seals shall choose one of their Number to be Govern until another shall be appointed by the Lord Palantyne and the rest of the Proprietors

4. You are to take great care that the Indians be not abused and Justice be duly administred to them in Our Courts and that you endeavour your utmost to create a firm Friendship with them & to bring them over to your part for your better protection & Defence against the Enemy the neighbouring French and Spaniard against whom you are to protect Our said Province and We assure you of our utmost assistance for your security

5. You are to transmit to us, as soon as you can conveniently get it handsomely transcribed a full and exact account of our yearly rents what they may amount to in the whole and the particular men from whom due and what from each Man, also what has been received, by whom and how apply'd, & what Land, to whom, and for what sold

You are to take care that Mr Wigginton Our Secretary enters into a Bond to us, with two others very good securities of ye penalty of £1000 Conditioned that he shall safely keep the Records & Papers which shall be in his Custody as Secretary & deliver them safe and entire when demanded by their Lordships or any other person or persons authorized by them

You are to inform yourself of what Acts are fit and proper to be passed for the benefit of Trade and the good & prosperity of the province for which you shall have all manner of Encouragement from us

You shall represent to us the state of the Whale fishing and what further encouragement is proper & fitting for us to give to encrease the same

You are to take particular care that no land whatsoever exceeding the number of 640 acres shall be sold to any person or persons whatsoever without a Special Warrant under the hand and seals of the Lord Palatine & four of us the Lords Proprietors be first produced to justify such sale

You are also to take care that it be made publick that all land which shall for the future be sold in South Carolina, the purchase money thereof, shall be according to the value of English Sterling & the quit Rents reserved for ye said Land, shall be of the like value & made payable at Charles Town, with such Covenants, as you Our Govr and four more of the Council shall think fitt And for all Lands sold in North Carolina the purchase money & ye quit Rents for the same are to be of like value and made payable at Chowan, or at Bath Town. Given under our hands & seals at Craven house this 24th day of March 1708/9

CRAVEN Palatine
BEAUFORT
M. ASHLEY
J COLLETON
J DANSON 

Lords Proprietors' Instructions to Governor Edward Tynte on Maritime Trade

ADDITIONAL INSTRUCTIONS TO COLONEL EDWARD TYNTE GOVERNOR OF SOUTH & NORTH CAROLINA

Whereas by the Second Article of Our foregoing Instructions in relation to the several Laws concerning the Trade and Navigation of this Her Majts Kingdom of great Britain and her Colonies and plantations in America. You the said Edward Tynte Esqr are required to take Care, and give charge that no Goods or Commodities whatsoever be Imported into or Exported out of Our province of Carolina in any Ship or Vessells but in such whereof the Master and three fourths of ye Marriners at least are English and whereas by a Clause in an Act passed in the 3rd year of her Majts Reign Intitutled an Act for Raising Recruits for the Land Forces, and Marines and for Dispencing with part of the Act for Encouragmt and increase of Shiping and Navigation during the present War (Copy whereof you will herewith receive) it is Enacted that during the present War, and no longer, the Number and proportion of Marriners to sail in such Ships or Vessells which by Laws now in force are limitted to the Master & three fourths of the Marriners to be English shall be enlarged to ye Master and one Moiety of the Marriners at least to be English It is her Majts Will and pleasure that you take Care and give in Charge to the proper Officer that the said Act be observed in Our sd province under your Govermt during the present War accordingly.


 


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