Page:1751 A collection of all the public acts of Assembly, of the province of North-Carolina now in force and use.pdf/14

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
iv
The Proprietors Second CHARTER.

tuted, under the Power, and Government of them or any of them, either failing towards the said Province, or Territory of Carolina, or returning from thence towards England, or any other of our, or Foreign Dominions, by Imposition of Penalties, Imprisonment, or any other Punishiment; yea, if it shall be needful, and the Quality of the Offence require it, by taking away Member and Life, either by them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs, or by them, or their Deputies, Lieutenants, Judges, Justices, Magistrates, or Officers, whatsoever, as well within the said Province, as at Sea, in such Manner and Form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs, shall seem most convenient: And also, to remit, release, pardon, and abolish, whether before Judgment or after, all Crimes and Offences whatsoever, against the said Laws; and to do all and every Thing and Things, which, unto the compleat Establishment of Justice, unto Courts, Sessions, and Forms of Judicature, and Manners of proceeding therein, do belong, altho' in these Presents, express Mention is not made thereof; and by Judges to him or them delegated, to award Process, hold Pleas, and determine, in all the said Courts and Places of Judicature, all Actions, Suits, and Causes, whatsoever, as well Criminal as Civil, real, mixt, personal, or of any other Kind or Nature whatsoever: Which Laws so as aforesaid to be published, our Pleafure is, and we do enjoin, require, and command, shall be absolutely firm and available in Law; and that all the leige People of us, our Heirs and Successors, within the said Province or Territory, do observe and keep the same inviolably in those Parts, so far as they concern them, under the Pains and Penalties therein expressed, or to be expressed: Provided nevertheless, That the said Laws be consonant to Reason, and as near as may be conveniently, agreeable to the Laws and Customs of this our Realm of England.

AND because such Assemblies of Freeholders cannot be so suddenly called as there may be Occasion to require the same, we do therefore, by these Presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, by themselves, or their Magistrates, in that behalf lawfully authorized, full Power and Authority, from Time to Time, to make and ordain fit and wholsome Orders and Ordinances within the Province or Territory aforesaid, or any County, Baronny, or Province, within the same, to be kept and observed, as well for the keeping of the Peace, as for the better Government of the People there abiding, and to publish the fame to all to whom it may concern: Which Ordinances we do, by these Presents, straitly charge and command to be inviolably observed within the same Province, Counties, Territories, Baronnies, and Provinces, under the Penalties therein expressed; so as such Ordinances be reasonable, and not repug-