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Colonial and State Records of North Carolina
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Report by Edward Northey concerning the governments of proprietary colonies
Northey, Edward, Sir, 1652-1723
July 22, 1714
Volume 02, Page 136

-------------------- page 136 --------------------
[B. P. R. O. Plant. Gen. B. T. Vol. ix. K. 35.]
REPORT OF THE ATTORNEY GENERAL TO LORDS OF TRADE.

22 July 1714.

To the Right Honble the Lords Comrs of Trade & Plantations

May it please your Lordships

In obedience to you Lordps Com̄ands signified to me by Mr Popple I have considered of the several papers transmitted to me & herewith returned And your Lordships having demanded my opinion to your returning an Answer to the Order of the Lords of the Com̄ittee of the Council dated the 5th day of June last whereby your Lordships were desired to examine & inform yourselves how and by what Grants or Authorities the Plantations in America do claim the liberty & power of making Temporary Laws to continue in force for so short a time whereby her Maj. prerogative of approving or disapproving such Laws is evaded and to propose to that Committee what methods you shall judge most proper to be taken in order to the setting aside those practices so prejudicial to her Maj. interest and the trade of her subjects And I do most humbly certifie your Lordships That as to such Laws which are made in Her Maj. Plantations not granted in property to any Subject, the mischief complained of may be prevented by her Maties Instructions to her Governors thereof And there is already among the Instructions a copy whereof was sent me a full Instruction for that purpose And therefore all that I conceive necessary to be further done as to them is to require a due observance of that Instruction by her Maties Governors.

As to Laws to be made in the Proprietary Plantations I am of opinion that mischief cannot be remedied there but by Act of Parliament of Great Britain, for that the Proprietors thereof have a right vested in them of the power of making Laws granted by their charters and are not nor can now be put under any other restraint or regulation than such as are contained in their respective charters but by Act of Parliament.

All which is humbly submitted to Yor Lordps great wisdom

EDW. NORTHEY

July 22. 1714