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Letter from the Lords Proprietors of Carolina to Richard Kyrle
Carolina. Lords Proprietors.
June 09, 1684
Volume 02, Pages 836-837

[B. P. R. O. Colonial Entry Bk. Vol. 21.]

Whitehall this 9th of June 1684

We have seen an Act passed in that part of our Province of Carolina that is under your Government intituled an Act to suspend prosecution for Foreign Debts dated the 25th of September 1683 which Act totally prohibiting the prosecuting of any body for any debt Debate controversy

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Action or Cause of Action dutyes or Demands whatsoever, arising without the Limits of Carolina, is in effect to stopp the currant of Com̄on Justice, and against the Kings honor & dignity, & more than you have power to do it being directly repugnant to the Laws of England wherefore we do think fitt to let you know, that we do no way consent to the said Act nor are you to suffer it to be put in Execution, for we have power only to make Laws not repugnant to the Laws of England, And by an Act of Carolina to stopp or prohibit any man sueing for his debt though not contracted in Carolina, is repugnant to the Laws of England.

Wee are extremely concerned to find that we have been so unfortunate as to place the trust of the Government into the hands of men who have no greater regard to the reputation of it, & who being themselves Magistrates and to Administer Justice to others have had noe share by a Law to publish to the world that if any man can get into his possession another mans estate or goods let him come to Carolina and he shall by the Law be protected in the unjust detention of them, but though those we did intrust with the Government have thus forgotten their dutyes, we ought not to forget ours, and that we may to the world testify our dislike & abhorence of such an attempt, we do require you Sr Richard Kyrle our present Governor and of whose aversion to such Actions wee have good assurance to inquire if any of the Justices or Sheriffs of the County Courts have had any hand in the promoting of this Act And if you find they have that you dismiss them from their places & put men of better principals in their room for we can expect no good Administration of Justice from such men And whereas we did formerly by our Instructions give power to the Governor & our Deputys to pass Laws that should be in force for two years & no longer unless in the mean tyme they were ratifyed & confirmed by us, wee doe now think fitt & hereby do repeale the said power, And our will & pleasure is, and you are hereby impowered to pass Laws that shall be in force for two years and no longer unless ratifyed by us, and shall cease and become voyd before the expiration of the said two years as soon as under the hand & seale of the Pallatine & three more of us the Lords Proprietors, we signify our dissent to or our disaprobation of any of the Laws passed and this to continue until otherisse ordered by us or the fundamental Constitutions come to be put fully in practice.

CRAVEN pltne [Seal]
To the Governor & Deputy &c