Letter from William Popple to [Edward Northey], including an act for remitting to the Crown the government of several colonies and plantations in America
Popple, William, 1638-1708
Volume 01, Pages 552-554
[B. P. R. O. B. T. Proprieties. No. 27. P. 426.]
W. POPPLE TO Mr ATTORNY GENERAL.
April 8th 1702.
The Lords Commissioners for Trade and Plantations having immediate Occasion to look into some of the acts of Pensylvania, which are in your hands, they desire you to return them without giving yourself the trouble at present of making any particular Report thereupon; Only they would be glad to receive your and Mr Sollicitor General's answer to the Two Questions expressed in my Letter of the 29th of October last, wherein I sent you the said acts, with what speed you can. I am &c
Whitehall April 8th 1702.
An Act for remitting to the Crown the Government of several colonies and Plantations in America.
Whereas by virtue of several charters and Letters Patents under the Great Seal of England passed and granted by several of his Majesty's Royal Predecessors, as also by his present Majesty and the late Queen Mary of Blessed Memory, the several Colonies, Provinces and Plantations of the Massachusets Bay, New Hampshire, Rhode Island and Providence Plantation, Connecticut in New England, East and West New Jersey, Pensylvania and the adjacent Territories, Maryland, Carolina and the Bahama or Luca Islands in America, have been granted unto several persons, together with the absolute Government and authority over his Majesty's subjects in those Places, whereby the Grantees were not only made Proprietors of the Soil and Lands comprehended within the said Places but also Lords and Governors thereof, with full power of exercising
-------------------- page 553
Royall Government and other Jurisdictions over the Inhabitants thereof; and whereas the severing of such power and authority from the Crown and placing the same in the hands of subjects hath by Experience been found prejudicial and repugnant to the Trade of this Kingdom and to the Wellfare of his Majesties other Plantations in America, and to his Majesty's Revenue arising from the Customes by reasons of the many Irregularities committed by the Governours of these Plantations and by those in authority there under them, by encouraging and countenancing pirates and unlawfull Traders and otherwise. Be it therefore enacted, by the King's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal and commons in parliament assembled, and by the authority of the same; That all and singular the clauses, matters & things contained in any Charters or Letters Patents heretofore passed under the Great Seal of England by any of his Majesty Royal Predecessors or by his present Majesty and the said late Queen, relating to the Government of his Majesty's subjects within the said Plantations, Colonies or places, or any of them or within any other Plantation, Colony or place in America, whereby any Power or authority is granted to any person or persons from the Crown, be & is hereby declared and enacted to be utterly void and of none Effect. And it is hereby further declared and enacted, shall all such power and authority priviledges and jurisdictions be and are hereby reunited, annexed and vested in his Majesty, his heirs and successors, in right of the Crown of England, to all intents and purposes, as though no such Charters or Letters Patents had been had or made. Provided always that nothing herein contained shall be construed to extend any ways to alter, take away diminish or abridge the right or Title, which any person Persons or Bodies Politick or Corporate have or lawfully may have or claim to any land, tenements or Hereditaments or any other matter or thing (Authority and Government only excepted) by Virtue of the said or any other Charter or Letters patents or by Virtue of any Right or Title derived from or under such Charters or Letters patents by any mean assignments or conveyances or otherwise howsoever. Provided also that nothing in this Act contained shall be construed to impower his Majesty, his heirs or successors to govern the said Plantations, Colonies or places or any of them or the Inhabitants thereof otherwise than according to the Laws in force in the said Plantations and Places respectively not repugnant to the Laws of England and such other Laws and Constitutions as shall from time to time be made by General Assemblies of the said respective plantations according to the several and respective Priviledges
-------------------- page 554
as at any time heretofore granted to the said several Plantations and Colonies respectively, by any Charter or Charters or Letters patents under the Great Seal of England and according to the usages in his Majesty's other Plantations in America.