Page:The Federal and state constitutions v5.djvu/234

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2760
North Carolina—1665

by us to all persons arriveing in the said Countyes or adventuring theither;

10. Item the Genll Assembly by act as aforesd shall make provision for the maintenance and Support of the Governor and for the defraying for all necessary Charges of the Government as alsoe that the Cunstables of the respective Countyes shall collect the halfe penny per acre payable to ye Lords in theire Countyes and pay ye same to ye receavor yt ye Lords shall appoint to receave the same unless ye sd Generall Assembly shall prescribe some other way whereby the Lords may have their rents duely collected wthout charge or trouble to them.

11. Lastly to enact constitute and ordaine all such other Lawes actes and constitutions as shall or may be necessary for the good prosperity and setlement of ye said Countyes excepting wt by these pesents are excepted and conformeing to Limitacons herein exprest,

The Governors are with the Councill before exprest:

1. Item to see that all Courts established by the Lawes of ye Genll Assembly and all Ministers and offices Civill or Military doe and execute their severall dutyes and offices respectively according to the Lawes in force and to punish them from swerveing from the Lawes or acting contrary to their trust as the nature of their offence shall require.

2. Item according to the constitutions of the Genll Assembly to nominate and comissionate the severall Judges, Members and Officers of Courts wheither Majistraticall or Ministeriall and all other civill officers as Justices Coroners &c the Comissions and powers and Privrledges to revoake at pleasure provided that they appoint none but such as are freeholders in the Countyes aforesd unless the Generall Assembly consent;

3. Item according to the constitutions of the Genll Assembly to appoint Courts and officers in Cases Cryminall and to impower them to inflict penaltyes upon offenders against any of ye said Lawes in force in ye said Countyes as ye said Lawes shall ordaine wheither by fine Imprisonment Banishmt corporall punishmt or to ye taking away of member of or Life itselfe if there be cause for it.

4. Item to place officers and soldiers for the safety strenkt and defence of the Forts Castles Cittyes &c according ye number appointed by the Genll Assembly to nominate place and commissionate all military officers under ye dignity of ye Leut: Genll whoe is commissionated by us, over the sevll trayned bands and Companys constituted by ye Genll Assembly as Collonels Capts: &c and theire comissions to revoake at pleasure, ye Leut: Gen: with the advise of his Councill unless some present danger will soe permit him to advize to muster and trayne all ye soldiers wthin the said County of Countyes to presecute warr persue an Enemy suppress rebellons and mewtinies as well by sea as Land and to exercise the whole Millitia as fully as by our Letters pattents from the kinge wee can impower him or them to doe Provided yt they appoint noe Military officers but wt are freeholders in the sd Countyes unless ye Genll Assembly shall consent.

5. Item where they see cause after condemnacon to reprieve untill the Case may be presented with a Coppy of ye whole tryall proceedings and proofes to ye Lords who will accordingly eather pardon or comand execution of ye sentence on the offender offender who is in ye