Quere's on the following abstracts of his Majesty's Instructions and Clauses in Two Several Bills for Establishing Courts in the Province of North Carolina, Proposed by his Excellency the Governor for the Consideration of the Honble. Chas. Berry Esqre his Majesty's Chief Justice.

Abstract of his Majesty's Instructions

You shall not appoint any Person to be a Judge or Justice of the Peace without the advice and Consent of at least three of our Council signified in Council nor shall you Execute yourself or by Deputy any of the said offices and it is Our further Will and Pleasure that in all Commissions to be granted by you to any Person or Persons to be Judges, Justices of the Peace or other Necessary Officers be Granted during Pleasure only—

We do hereby Will and Require you not to pass or Give your Assent hereafter to any Bill or Bills in the Assembly of our said Province of unusual or Extraordinary nature and Importance wherein our Prerogative or the Property of Our Subjects may be prejudiced until you have first transmitted unto Our Commissioners of Trade and Plantations in order to be laid before us the Draught of such Bill or Bills and shall have received our Royal Pleasure thereupon unless you take care in Passing any such Bill or Bills that their be a Clause inserted suspending and Deferring the Execution thereof until our Pleasure be known Concerning the Same.

It is Our further Will and Pleasure that you Do not for the future upon any pretence whatsoever Give your assent to any Law or Laws to be Passed in Our said Province Inconsistant with these our Instructions to you or Prejudicial to that Right or Authority which you Derive from us in Virtue of our Commission and Instructions.

A Bill having passed both Houses of Assembly for Establishing Superior Courts of Justice &c. in which there is a Clause directing that the Justices to be appointed by the sd. Act shou'd hold their Commissions “Quam Diu se bene Gesserint.” And also another Clause Confining his Majesty in the Appointment of the Associate Justices

Quere. As the above Clauses are Repugnant to my Instructions ought I Consistant with my Duty to pass this Bill and Do you Give it as your Opinion and advice that I ought to lessen his Majesty's Prerogative by Passing this Bill.

I have considered the sevl. above Clauses Extracted from his Majesty's Instructions to your Excellency as likewise the bill for establishing Superior Courts of Justice in this Province, which having provided Competent Salarys for the Associate Justices so as to make it worth while for Persons of Skill and Learning in the Law to accept those Offices, whereby notwithstanding the Extensiveness of the Circuit, the Suits & Causes depending in the Superior Courts may now without delay to the Suitors receive proper determinations, I conceive the chief reason for repealing the Superior Court Act passed in 1754 is thereby obviated, And am of Opinion that there cannot be a bill better framed or more adapted to the peculiar Circumstances of this Province than the present bill.

With Regard to your Excellency's Query wherein you desire my opinion whether you shod. give your assent to the sd. bill, on Accot. of two Clauses in the bill, Objected to by your Excellency and here stated, my opinion with respect to that is as follows—

Considering the present Circumstances and Situation of Affairs in this Province and the indispensable necessity there is of an immediate Establishment of proper and Convenient Courts of Justice, Upon which so greatly depends at this time as well the Interior peace and wellfare, as the Support of the Trade and Credit of this Province which has greatly suffered from a Cessation of the Administration of Justice for Eight months past owing to there not having been during that time convenient & necessary Courts Established, I wod. advise your Excellency to give your Assent to the said Bill notwithstanding the said two Clauses and the rather as I do not think his Majesty's Royal Prerogative can be in any Danger of being lessened or diminished by your Excellency's giving your assent to the bill which is not Conclusive on the Crown & can only exist during his Majesty's Royal Will & Pleasure

Chas. Berry Chief Justice

A Bill having passed both Houses for establishing Inferior Courts of Pleas and Quarter Sessions. In which they have Given the said Courts a Jurisdiction of Fifty pounds.

Quere. As the late Law was Repealed by his Majesty in Council principally on Account that the Jurisdiction was too extensive when at Forty pounds, Ought I to pass the Present Bill as it now stands. And Do you give it, as your opinion, and advice, that I ought to pass it.

With regard to the above Query I beg leave to observe to your Excellency that there were other reasons for the repeal of the late County Court more Cogent in my Opinion than that stated in the above Query as will appear in the Report from the Lords of Trade to his Majesty

There is another Circumstance which I wod. also beg leave to Observe to your Excellency and that is, that at the time I had under my Consideration in England the late County Court Act I was a Stranger to the nature of the Jurisdictions of the County Courts in general in America particularly those in Virginia a Neighbouring Colony, which I find have a much higher Jurisdiction than that given by the present bill to the Inferior Courts here And therefore Notwithstanding the Jurisdiction of the Inferior Courts here is somewhat increased to by the present bill yet Considering that Writs of Error & appeals do lay from the Inferior to the Superior Courts in all cases of Consequence where any person may Conceive himself Aggrieved by the Judgmt: of an Inferior Court, I am of Opinion Your Excellency may give your Assent to the sd. bill as no very mischievous Consequence can arise to his Majesty's Subjects from the Judgmt: of those Courts while there are Superior Courts to Controul & Correct their Errors withot. which, Such Extensive Jurisdictions might be of very mischievous & dangerous Consequence to the Subject as thereby the Judgmts. & Decisions of such inferior Courts wod. in such Case be final & absolute