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Colonial and State Records of North Carolina
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Report by Edward Northey and Samuel Harcourt concerning acts of the North Carolina General Assembly
Northey, Edward, Sir, 1652-1723; Harcourt, Samuel
May 17, 1706
Volume 01, Pages 642-643

-------------------- page 642 --------------------
[B. P. R. O. B. T. Proprieties. Vol: 8. O. 60.]
Mr ATTORNEY AND Mr SOLLICITOR GENERALLS REPORT IN ANSWER TO A LETTER WRIT THEM THE 12th APRIL LAST UPON AN ADDRESS OF THE HOUSE OF LORDS TO HER MAJESTY RELATING TO CAROLINA.

To the Right Honoble the Lords Commissioners for Trade and Plantations.

May it please your Lordps

In obedience to your Lordsps commands signified to us by Mr Popple, wee have perused the Address of the Right Honoble the Lords spiritual and temporal in Parliament assembled to her Majty the 12th of March last relating to the two lawes lately passed in ye Province of Carolina and the copys we received from your Lordships of two Grants of that Province made by King Charles the second to the Duke of Albemarle and others, the one dated the 24th of March in ye 15th the other the 30th of June in the 17th year of his reign whereby is also granted to the Proprietors for ye good and happy Government of that Province, powers to make laws with the assent and approbation of the freemen there inhabiting soe as such Laws be consonant to reason and as near as may be conveniently agreable to ye Laws mentioned in the said address not being consonant to reason and being repugnant to the Laws of England are not warranted by ye said Charter But wee are humbly of opinion were made without any sufficient power or authority derived from the crown of England And therefore doe not oblige or bind the Inhabitants of that Colony and her Majesty may lawfully declare those Laws as to the matters therein contained mentioned in the said address to be null and void, and command that the same shall not be put in execution or observed And may also require and command the Proprietors and Assembly of that Province by Act of Assembly to enact and declare the same to be null and void, And wee are further of opinion that the making such laws is an abuse of the Power granted of making laws and will be a forfeiture of such power And that that power may be seized into her Majesty's hands by scire facias in ye Chancery on the Patents, or by Quo Warranto in the Queens Bench if the Laws were approved and confirmed

-------------------- page 643 --------------------
by the present proprietors which doth not fully appear to have been soe by the said Address.

All which is humbly submitted to your Lordsps great wisdom
EDW. NORTHY
SAM: HARCOURT

May 17th 1706.

(Endorsed)

Recd 21. May 1706.
Read do 1706.