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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 501   View pdf image (33K)
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Opinions, Orders and Instructions, 1773. 501


rate of ffees settled as above in the year 1770 by Governor
Eden and the Council and the Judgments have been [settled]
accordingly.
First Qure Whether the King can by his Prerogative regu-
late the ffees of Officers in his Plantations and whether he
can Grant or has Granted such Power by his Letters Patent
aforesaid which contains besides the Clauses above mentioned
many Royal Rights
Second. Whether the Regulations aforesaid by the Pre-
rogative and the Proviso contained in the several Acts above
mentioned and the Course of the Judgments at Law and in
Equity do not together with the Charter of the Province
establish the Authority to regulate ffees and make it part of
the usage and Constitution of the Province.
We are of Opinion that the King had it in his Power orig-
inally to appoint the ffees of the Officers in his Plantations, &
that he has transferred that Authority by his Charter to the
Proprietor of Maryland; But in those instances where that
Power has been exercised It is no longer competent to the
Proprietor to alter these fees: where cases arise of new Of-
ficers to which no fees have been annexed the Power remains
in its original force.
E. Thurlow
Al. Wedderburn
J. Dunning

ORDERS AND INSTRUCTIONS

To be Pursued by our Trusty and well beloved Robert Eden
Esqr Lieutenant General and Chief Governor of the Province
of Maryland in America.
Whereas We the Revd Docr John Moore, Dean of Canter-
bury, and Hugh Hamersley, and Peter Prevost Esqrs Guard-
ians of the Person and Estate of Henry Harford Esqr Abso-
lute Lord and Proprietary of the Province of Maryland in
America an Infant of the Age of Fourteen years and upwards
Have by our Commission bearing even Date with these Pres-

ents by and with due Privity Consent and Approbation of the

said Henry Harford, Appointed you the said Robert Eden
Lieutenant General and Chief Governor of the said Province
during our Pleasure and the Minority of the said Henry
Harford, which Commission you will herewith receive,
Now we do by these our Instructions require & Direct
1st. That you do immediately on Receipt of the said Com-
mission Proceed in the making your Commission known as
you and your Predecessors have heretofore done.

Lib. 82, J. R.



 
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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 501   View pdf image (33K)
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