OATHS TO BE TAKEN BY THE GOVERNOR AND COUNCIL
«2. And you are with all due solennity
to cause Our said Commission to be pu-
blished at Quebec, which We do appoint
othe:
as ar unde and :
they times discr pedi( pleus Surv not tion abser Com
« À or pri and t
«3, said :
three, in
tions you ander Our nstituting Governor rovince of on the Laint John, ‘awn from 1 the Lake the Lake 1 line crosd the Lake s of North igh lands, aat empty r St. Lawl into the 1 Coast of à Coast of o Cape Rothe muth y the west sti, termi-
of Saint ake upon and trust the Admito do and hnner that according horities of Our Great se Our Insg to such ns as shall ted or ap-
and sign
ur Privy
GOVERNOR e solennity
to be pudo appoint
to be the place of your residence and the principal seat of Government, in the Districts of Montreal and Trois Rivières, in such other part of your Government as you shall think necessary and expedient, as soon as possible, which being done, you are in the next place to nominate and establish a Council for Our said Province, to assist you in the administration of Government which Council is for the present to be composed of the persons, whom We have appointed to be Our Lieutenant Governors of Montreal and Trois Rivières, Our Chief Justice of Our said Province and the Surveyor General of Our Customs in America for the Northern District, and eight other persons to be chosen by you from amongst the most considerable of the Inhabitants of or persons of property in Our said Province ; whicki persons so nominated and appointed by you, as aforesaid (five of which We do hereby appoint to be a Quorum are to be Our Council for Our said Province, and to have and enjoy all the nowers, privilege and authority usually exercised and enjoyed by the Members of Our Councils in Our other Plantatons, and also such others as are contained in Our said Commission under Our Great Seal of Great Britain and these Our Instructions to you; and they shall meet together at such time or times, place or places, as you in your discretion shall think necessary and expedient ; It is nevertheless Our will and pleasure, that the said Chief Justice or Surveyor General of Our Customs shall not be capable of taking the administration of the Government upon death or absence of you Our Governor or the Commander in Chief for the time being.
«AIL persons holding à “lace of trust or profit shall take some o1 ne same oaths and the declaration against Popery.
«3. And you are forthwith to call Our said Council together, or such of them
as can be conveniently assembled, and to cause Our said Commission to you to be read at such Meeting, which being done, you shall then take yourself, and also administer to Our Lieutenant Governors respectively, and to the members of Our said Council the oaths mentioned in an Act, passed in the first year of the Reign of His Majesty King George the First, intituled : «An Act for the further secu- «rity of His Majesty’s person and Govern- «ment and the Succession of the Crown «in the Heirs of the late Princess Sophia «being Protestants, and for Extinguishing «the hopes of the pretended Prince of « Wales, and his opén and secret abbet- «tors»; and also to take and subscribe and cause them to take and subscribe the Declaration mentioned in an Act of Parliament made in the twenty-first year of the Reign of King Charles the Second, intituled : «An Act for preventing dan- «gers which may happen from Popish « Recusants, » and you and every one of them are likewise to take an oath for the
due Execution of your and their places
and Trusts, with regard to your and
their equal and impartial Administration
of Justice, And you are also to take the
oath required by an Act passed in the:
Seventh and Eïighth years of the Reign
of King William the Third to be taken
by Governors of Plantations, to do their
utmost that the Laws relating to the Plantations be observed.
4, And you are forthwith to transmit
to Our Commissioners for Trade and:
Plantations, in order to be laid before Us, for Our approbation or disallowance, the names of the members of the Council so to be appointed by you, as aforesaid, as also a list of the names and characters:
of eight other persons in Our saïd Province, whom you judge properly qualified to serve in that station, to the end that if any of the persons appointed by you às foresaid; shall not be approved
and confirmed by Us, under Our signet and sign manual, the place or places of such person, so disapproved, may be forthwith supplied from the said list.
«Three fit persons to be recommended to the King upon every vacancy in the Council.
«5, And if it shall at any time happen that by the death, departure out of Our said Province, suspension of any of Our said Counsellors, or otherwise, there shall be a vacancy in Our said Council ; Our Will and pleasure is, that you signify the same to Our Commissioners for Trade and Plantations by the first opportunity, that we may under Our sign manual constitute and appoint others in their stead, to which end you are, whenever such vacancy happens, to transmit unto Our said Commissioners, in order to be laid before Us, the names of three or more persons inhabitants of Our said Province, whom you shall esteem best qualified for such trust.
«6. But that Our affairs may not suffer for want of a due number of Councillors, if ever it shall happen that there be less than seven residing in Our said Province, We do hereby give and grant unto you the said James Murray, full power and authority to choose as many persons out of the principal Inhabitants of Our said Province, as will make up the full number of the Council to be seven and no more ; which persons so chosen and appointed by you, shall be to all intents and purposes, Councillors in Our said Province, till either they shall be confirmed by Us, or by the nomination of others by Us, under Our sign manual and signet, Our said Council shall have seven or more persons in it.
«7. And it is Our will and pleasure that you do, and you are hereby authorized and empowered to suspend or remove äny of the members of Our said Council, from sitting, voting and assis-
ting therein, if you shall find just cause for s0 doing ; and also in like manner to suspend any of Our Lieutenant Governors of Our said Province from the execution of their commands, and to appoint others in their stead, until Our pleasure shall be known. It is nevertheless Our will and pleasure that you do not suspend or remove any of the Lieutenant Governors of Our said Province respecti:
vely. or any of the members of Our Council, when they shall have been confirmed by Us as aforesaid, without good and sufficient cause, nor without the consent of the majority of the said Council, signified in Council, after due examination of the charge against such Lieutenant Governor or Councillor, and his answer thereunto; and in case of suspension of any of them,
«You are to cause your reasvns for s0 doing, together with the charges and proofs against such person, and hisanswer thereunto, to be duly entered upon the Council Books, and forthwith to transmit copies thereof io Our Commissioners for Trade and Plantations, in order to be laid before Us, Nevertheless if it should happen that you should have reasons for suspending any of the said persons, not fit to be communicated to the Council, you may in that case suspend such person without the consent of this Council, but you are thereupon immediately to send to Our Commissioners for Trade and Plantations in order to be laid before Us, an account of your proceeding therein, together with your reasons at large for such suspension ; as also your reasons at large for not communicating the same to the Council and Duplicates thereof by the next opportunity.
«8. Whereas we are sensible, that effectual care ought to be taken to oblige the members of Our Council to a due at-
tendance therein, in order to prevent the many inconveniences that may happen
, cause iner to Goverhe eXeippoint leasure ss Our ot susitenant espectià of Our e been without without he said ter due ist such or, and case of
\s for s0 ges and answer 1pon the ransmit ners for br to be t should sons for BONS, not Council, uch per- Council, jately to r Trade laid bepceeding asons at Iso your nicating uplicates
, that efto oblige a due atevent the y happen
from the want of a quorum of the Council, to transact business, as occasion may require ; it is Our will and pleasure, that if any of the members of Our said Council shall hereafter absent themselves from the said Province, and continue absent above the space of six months together, without leave from you, or from Our Commander in Chief of Our said Province for the time being first obtained, under your or his hand and seal, or shall remain absent for the space of one year, without Our leave given them under Our Royal Signet and Sign Manual, their place or places in the said Council, shall immediately thereupon become void, and that if any of the members of Our said Council then residing in the Province under your Government, shall hereafter willfully absent themselves, when duly summoned, without a just and lawful cause, and shall persist therein after admonition, you suspend the said Councilldrs so absenting themselves, till Our further pleasure be known, giving us timely notice thereof ; and We do hereby will and require you, that this Our Royal pleasure be signified to the several members of Our Council aforesaid, and entered in the Council Books of the Province under your Government as a standing Rule.
«9. Youare forthwith to communicate such and so many of these Our Instruc tions to Our said Council wherein their advice and consent are mentioned to be requisite, as likewise all such orders from time to time, as you shall find convenient for Our service to be imparted to them.
«10. You are to permit the members of Our said Council to have and enjoy freedom of debate and vote, in all affairs of public concern that may be debated in Council.
«11. And whereas it is directed by Our Commission to you under Our Great Seal,
that so soon as the situat#on and circumstances of Our said Province will admit thereof, you shall with the advice of Our Council summon and call a General Assembly of the Freeholders in Our said Province you are therefore, as soon as the more pressing affairs of Government will allow, to give all possible attention to the carrying this important object into execution ; But asit may be impracticable for the present to form such an Establishment, you are in the meantime to make such rules and regulations by the advice of Our said Council, as shall appear to be necessary for the peace, order and good government of Our said Province, taking care that nothing be passed or done, that shall in any ways tend to affect the life, limb or liberty of the subject, or to the imposing of any duties or taxes ; and that all such rules and regulations be transmitted to Us, by the first opportunity after they are passed and made, for Our approbation or disallowance; And it is Our will and pleasure that when an Assembly shall have been summoned, and met in such manner as you in your discretion shall think most proper, or as shall be hereafter directed and appointed, the followiug Regulations be carefully observed in the framing and passing of all such laws, statutes, and ordinances, as are to be passed by you, with the advice and consent of Our said Council, and Assembly and ro other:
«That each different matter may be provided for by a different law, without including in one and the same act such things as have no proper relation to each other ;
«That no clause to be inserted in any act or ordinance which shall be foreign to what the title of it imports, and that no perpetual clause be part of any temporary law;
«That no law or ordinance respecting private property be passed, without a
A nes
clause suspending its execution until Our Royal Will and Pleasure is Known, nor without a saving of the right of Us, Our Heirs and Successors, and of all bodies politic and corporate, and of all other persons, except such as are mentioned in the said law, or ordinance, and those claiming by, from and under them ; and before such Law or Ordinance is passed., proof must be made before you in Council, and entered in the Council Books, that public notification was made of the parties intentions to apply for such act in the several Parish Churches where the lands in question be, for three sundays at least successively, before any such Law or Ordinance shall be proposed ; and you are to transmit and annex to the said law or ordinance a certificate under your hand, that the same passed through all the forms above mentioned ;
« That in all laws or ordinances for levying money, or imposing fines, forfeitures or penalties express mention be made that the same is granted or reserved to Us, Our Heirs or Successors for the public uses of the said Province, and the support of the Government thereof, as by the said law or ordinance shall be directed and that a clause be inserted, declaring that the money arising by the operation of the said law or ordinance shall be accounted for unto Us in this Kingdom and to Our Commissioners of Our Treasury or Ovr High Treasury for the time being, and audited by Our Auditor General of Our Plantations or his Deputy. ‘
« That all such Laws Statutes and Ordinances, be transmitted by you within three months after their passing, or s00ner if opportunity offers to Our Commissioners for Trade and Plantations; that tbey be fairly abstracted in the margin and accompanied with very full and particular observations upon each of them, that is to say, whether the same
is introductive of a nw law, declaratory of a former law, or does respect a law then before in being; and you are also to transmit in the fullest manner the reasons and occasions for enacting such laws or ordinances ; together with fair copies of the journals of the proceedings of the Council and Assembly which you are to require from the Clerks of the said Council and Assembly.
«12. And to the end that nothing may be passed or done to the prejudice of the true interests of this Our Kingdom, the just right of Us, Our Heirs and Succes:
sors, or the property of Our subjects; It is Our express will and pleasure, that no law whatever which shall in any wise tend to affect the commerce or shipping of this Kingdom, or which shall any ways relate to the rights and prerogative of Our Crown or the property of Our subjects, or which shall be of any unusual or extraordinary nature, be finally ratified and assented to by you, until you shall have first transmitted a draught of such law, and shall have Our direction‘ ‘hereupon, unless you take care, that a clause be inserted suspending and deferring the execution thereof until Our Pleasure is Known concerning the same.
«13. And whereas laws have been formerly enacted in several of Our Plantations in America, for 80 short time, that Our Royal assent or refusal thereof could not be had before the time for which such laws were enacted, did expire ; You shall not give your assent to any law, that shall be enacted for a less than two years, except in cases of imminent necessity, or immediate temporary expediency; and you shall not re-enact any law to which Our assent shall have been once refused, without express leave for that purpose first obtained from Us, upon a full representation by you to be made to Our Commissioners for Trade and. Plan-
tati the law repe hav shal tion; a cla defe Plea same «1 you, coun all p truth that tester Plan trans sion Troa, you ( anot} self, t Plant the r shall raisec name ment be sat tion vince or di and a veral :
frequé leges cially Law d Assem Credit and 80 adjour leave 1
atory a law > also r the such h fair dings h you of the
g may of the m, the ju cces* cts; It hat no y wise ipping il any pgative of Our y unufinally 1, until lraught
direce care, bending of until ing the
een for- Plantane, that bf could which e; You py law, han two it necesrpedienny law en once or that upon à ade to d Plan-
tations, in order to be laid before Us, of the reasons and necessity for passing such law ; nor give your assent to any law for repealing any other law, which shall have passed in your Government and shall have received Our Royal approbation, unless you take care that there be a clause inserted therein, suspending and deferring the execution thereof until Our Pleasure shall be Known concerning the same.
«14. And we do particularly require you, to take care, that fair Books of Accounts of all receipts and payments of all public money be duly kept, and the truth thereof attested upon oath; and that all such accounts be audited and attested by Our Auditor General of Our Plantations or his Deputy, who is to transmit copies thereof to Our Commissioners of Our Treasury or to Our High Treasurer for the time being, and that you do every half year or oftener, send another copy thereoï, attested by yourself, to Our Commissioners for Trade and Plantations, and duplicates thereof by the next conveyance in which books shall be specified, every particular sum raised or disposed of, together with the names of the persons to whom any payment shall be made to the end we may be satisfied of the right and due application of the Revenue of Our said Province with the probability of the increase or diminution of it under every head and article thereof.
«15. And whereas the members of several Assemblies in the Plantations have frequently assumed to themselves privileges no ways belonging to them especially of being protected from suits at Law during the time they remain in the Assembly to the great prejudice of their Creditors, and the obstruction of Justice ; and some Assemblies have presumed to adjourn themselves at pleasure without leave from Our Governor first obtained,
and others bave taken upon them the sole framing cf money Bills refusing to let the Council alter or amend the same ; all which practices are very detrimental to Our prerogatives; if therefore you find, that the members of Our Assembly of Our Province of Quebec insist upon any of the said privileges, you are to signify to them, and it is Our express will and pleasure, that you do not allow any protection to any members of the Council :
or Assembly, further than in their persons, and that only during the sitting of the Assembly, and that you do not allow them to adjourn themselves otherwise than de die in diem, except Sundays and Holidays withoüt leave from you or the Commander in Chief for the time being first obtained ; It is Also Our further will and pleasure that the Council have the like power of framing money bills as the Assembly.
«16. And whereas by Our aforesaid Commission under Our Great Seal, you are authorized and empowered, with the advice and consent of Our Council, to constitute and appoint Courts of Judicature and Justice, it is therefore Our will and pleasure, that you do as soon as possible, apply your attention to these great and important objects, and that in forming the necessary establishments for this purpose, you do consider what has taken place in this respect in Our other Colonies in America, more particularly in Our Colony of Nova Scotia.
«17. And whereas it is for the ease, satisfaction and benefit of all Our subjects that appeals should be allowed in all civil * causes frem the Courts in Our Plantations, it is therefore Our will and pleasure that when the several Courts and Offices necessary for the administration of Justice shall have been settled, appointed and confirmed, in consequence of the power vested in you by Our Commission under Our Great Seal and by these Our
Instructions, you do, as near as different circumstances will admit, conform your.
self to the regulations prescribed in the Instructions given to the Governor of Nova Scotia, in respect to such appeals, copies of which Instructions are hereunto annexed.
«18. You are with the advice and congent of Our Council in the Province under your Government to take special care to regulate all salaries and Fees belonging to places or paid upon emergencies, that they be within the bounds of moderation and that no exaction be made on any occasion whatsoever; as also that tables of all fees be publicly hung up, in all places where such feés are to be paid ; and you are to transmit copies of all such tables of fees to Our Commissioners for trade and Plantations in order to be laid before Us.
« 19. It is Our express will and pleasure that you do by the first opportunity and with all convenient speed, transmit unto Us, by Our Commissioners for Trade and Plantations authentic copies of all acts, orders, grants, commissions or other powers, by virtue of which any Courts, Offices, Jurisdictions, Pleas, Authorities, Fees and Privileges, have been settled or established, for Our Confirmation or disallowance and in case any of them shall at any time or times be disallowed and not approved, then such and so many as shall be so disallowed, and not approved, and so signified by Us, shall cease, determine, and be no longer continued or put in practice.
«20. You shall not appoint any person to be a Judge or Justice of the Peace, without the advice and consent of the majority of the members of Our Council present in Council; nor shall you execute yourself or by deputy any of the said offices, and it is Our further will and pleasure, that all Commissior.s, be granted by you to any person or persons to
be Judges or Justices of the Peace, or other necessary officers, be granted during pleasure only.
«21. You shall not displace any of the Judges, Justices of the Peace, or other officers or ministers without good and sufficient cause, which you shall signify in the fullest and most distinct manner to Our Commissioners for Trade and Plantations, in order to be laid before Us, by the first opportunity after such removals.
«22. And whereas frequent complaints have been made of great delays and undue proceedings in the Courts of Justice in several of Oür Plantaiions whereby many of Our good subjects have very much suffered ; and it being of the greatest importance to Our service and the welfare of Our Plantations, that Justice be every where speedily and duly administered, and all disorders delays and other undue practices in the administration thereof be effectually prevented We particularly require you to take special care, that in all Courts where you are authorized to preside, justice be impartially administered ; and that in all other Courts, established within Our said Province, all judges and other persons therein concerned do likewise perform their several duties without any delay or partiality.
«23. You are to take care that all writs be issued in Our name throughout the Province under your Government,
«24. Whereas there are several offlces in Our Plantations granted under the Great Seal of Great Britain, and Our service may be very much prejudiced by reason of the absence of the Patentees, and by their appointing deputies not fit to officiate in their stead ; you are therefore to inspect such of the said offices as are in the Province, under your Government, and to enquire into the capacity and behaviour of persons exercising them, and
to re ners think there havic their exect have Us, a and i puty, that point Pater appoi secur suspe be ar cruir durir think to hi:
Will ting deatt rage!
perso and i that:
thep the o recei woul tente to be moie tore Our do cc rage] the e tome ment!
meai «2!
powe gran
Peace, or anted du-
ny of the
or other good and ll signify t manner rade and id before fter such
omplaints ss and unof Justice
whereby ave very the grea- > and the at Justice uly admilays and iministraented We ke special > you are be imparà all other said Prorsons theform their ay or par-
it all writs ghout the ent.
ral offlces under the d Our seradiced by ntees, and Dt fit to oftherefore ices as are vernment, ty and bethem, and
to report thereupon to Our Commissioners for Trade and Plantations what you think fit to be done or altered in relation thereunto, and you are upon the misbehaviour of any of the said Patentee or their Deputies to suspend them from the execution of their office, till you shall have represented the whole matter unto Us, and received Our directions therein and in case of the death of any such deputy, It is Our express will and pleasure that you take care that the person appointed to execute the place, until the Patentee can be informed thereof, and appoint another deputy to give sufficient security to the Patentee, or in case of suspension to the person suspended, to be answerable to him for the profits ac.
cruing during such interval, by death or during such suspension, in case we shall think fit to restore the person suspended to his place again. It is nevertheless Our Will and Pleasure that the person executing the place during such interval by death or suspension, shall for his encouragement receive the same profits as the person dead or suspended did receive, and it is Our further will and pleasure, that in case of a suspension of a Patentee, the person appointed by you to execute the office, during such suspension, shall receive a moiety of the profits which would otherwise become due to such Patentee, giving security to such Patentee to be answerable to him for the other moiety, in case we shall think fit to restore him to his office again. And it is Our further will and pleasure, that you do countenance and give all due encouragement to all Our Patent Officers in the enjoyment of their legal and accus tomed fees, rights, privileges and emolument according to the true intent and meaning of their Patents.
«25. You shall not by colour of any power or authority hereby or otherwise granted or mentioned to be granted unto
you, take upon you to give, grant or dispose of any office or places within Our said Province, which now is or shall ba granted under the Great Seal of this Kingdom, or to which any person is or shall be appointed by warrant, under Our Signet and Sign Manual, any further than that you may, upon the vacancy of any such office or place, or upon the suspension of any such officer by you or as aforesaid, put in any fit person to officiate in the interval, till you shall have represented the matter unto Our Commissioners for Trade and Plantations in order to be laid before Us, as aforesaid (which you are to do by the first opportunity) and till the saïd office or place be disposed of by Us, Our Heirs
or Successors under the Great Seal of
this Kingdom, or until some person shall be appointed thereto by warrant under Our Signet and Sign Manual, or Our further directions be given to you.
«26. And whereas several complaints have been made by the Survey or General and the other officers of Our Customs in Our Plantations in America, that they have been frequently obliged to serve as Jurors, and personally to appear in Arms, whenever the Militia is drawn out, and thereby much hindered in the execution of their employments ; Our will and pleasure is that you take affectual care and give the necessary directions, that the several officers of Our Customs be excused and exempted from serving on any Juries, or personally appearing in Arms in tho Militia unless in case of absolute necessitv, or serving and parochial offices, which may hinder them in the execution. of their duty.
«27. And whereas the Survey or General of Our Customs in the Plantations are empowered, in case of the vacancy of any of Our offices of the Customs by death removal or otherwise, to appoint other persons to execute such offices, un-
til they receive directions from Our Com-
missioners of the Treasury or Our High Treasury, or Commissioners of Our Customs for the time being. But in regard the Districts of Our said Surveyor General are very extensive and that they are required at proper times to visit the officers in the several Governments under their Inspections, and that it might happen that some of the officers of Our Customsin the Province under your Governments may die, at the time, when the Surveyor General is absent, in some distant part of his district, so that he cannot receive advice of such officers, death within a reasonable time, and thereby make provision for carrying on the service, by appointing some other person in the room of such officer, who may happen to die, therefore that there may be no delay given on such occasion to the masters of ships or merchants in their despatches ; It is Our further will and pleasure, in case of such absence of the Surveyor General, or if he should happen to die, and in such cases only, that upon the death of any of the Collector of Our Customs within Our said Province you, or, in your absence Our Lieutenant Governor, or Commander in Chief shall make choice of a person of Known loyalty, experience, diligence and fidelity, to be employed in such Collectors room, for the purpose aforesaid, until the Surveyor General of Our Customs shall be advised thereof, and appoint another to succeed in his place, and that further directions shall be given therein by Our Commissioners of Our Treasury, or Our High Treasurer, or by the Commissioners of Our Customs for the time being which shall be first signified ; taking care that you do not, under any pretence of this instructions, interfere with the powers and authorities given by the Commissioners Of Our Customs to the said Surveyor General, when they are able to put the same in execution.
«28. And whereas we have stipulated by the late definitive Treaty of Peace, concluded at Paris, the 10th day of February 1763, to grant the liberty of the Catholic Religion to the inhabitants of Canada, and that we will consequently give the most precise, and most effectual orders that Our new Roman Catholic Subjects in that Province, may possess the worship of their religion, according to the rites of the Romish Church, as far as the laws of Great Britain permit. It is therefore Our will and pleasure, that you do in all things regarding the said inhabitants, conform with great exactness to the stipulations of the said Treaty in this respect.
«29. You are as soon as possible to
,summon the inhabitants to meet together, at such time or times, place or places, as you shall find most convenient, in order to take the oath of allegiance, and make and subscribe the declaration of abjuration mentioned in the aforesaid Act passed in the first year of the Reign of King George the First for the further security of His Majesty’s person and Government, and the succession of th: Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors; which oath shall be administered to them by such person or persons as you shall commissionate for that purpose ; and in case any of the said French inhabitants shall refuse to take the said oath and make and subscribe the declaration of Abjura.
tion as aforesaid, you are forthwith to cause them to depart out of Our said Government,
«30, And it is Our further will and pleasure that all such inhabitants, professing the religion of the Romish Church, do, at all such meetings, or, at such other time or times as you shall think proper, and in the manner you shall think least alarming and inconvenient to the said
princ said i
ducet gion, in the clare said ] surve tricts ner à possil the € said I rishe:
ting
purpc tenan Prote to co Comr by w ligior
tipulated of Peace, ay of Fe.
y of the Jitants of sequently effectual Catholic y possess according ch, as far mit. Itis , that you said inhaictness to ty in this
ssible to together, places, as , in order ind make f abjura- \ct passed of King " security ernment, vn inthe hia being hing the )f Wales, s; which them by
all comd in case
said Go-
will and
the said
inhabitants, deliver in upon oath an exact amount of all arms and ammunition of every sort in their actual possession, and s0 from time to time, of what they shall receive into their possession as aforesaid. ‘
«31. You are :s soon as possible to transmit to Us, by Our Commissioners for Trade and Plantations, an exact and particular account of the nature and condition of the several religious communities of the Romish Church, the rights, claims, privileges and property and also the number, situation and revenues of the several Churches heretofore established in Our said Province together with the number of Priests or Curates officiating in such Churches.
«32. You are not to admit any of the ecclesiastical jurisdiction of the See of Rome, or any other Foreign Ecclesiastical Jurisdiction whatsoever in the Province under your Government.
«33. And to the end that the Church of England may be established both in principles and practice, and that the
said inhabitants may by degrees be in-
duced to embrace the Protestant Religion, and their children be brought up in the principles of it, We do hereby declare it to be Our intention, when the said Province shall have been accurately surveyed and divided into Townships, Districts, Precints or Parishes in such manner as shall be hereinafter directed, all possible encouragement shall be given to the erecting Protestant Schools in the said Districts, Townships, Precints or Parishes by settling, appointing and allotting proper quantities of land to that purpose, and also for a Glebe and maintenance for a Protestant Ministry and Protestant School Masters ; and you are to consider and report to Us, by Our Commissioners for Trade and Plantations by what other means the Protestant Religion may be promoted established and
encouraged in Our Province under your Government.
«34. And you are to take especial care that God Almighty be devoutly and duely served throughout your Government, the Book of Common Prayer as by law established, read each Sunday and Holiday and the blessed Sacrament administered according to the rites of the Church of England.
«35. You are not Lo prefer any Protesttant Minister toany ecclesiastical benefice in the Province under your Government, without a certificate from the Right Reverend Father in God the Lord Bishop of London of his being conformable to the doctrine and discipline of the Church of England and of a good life and conversation. And if any person hereafter preferred to a benefice shall appear to you to give scandal, either by his doctrine or manners, you are to use the best means for his removal.
«36. You are to give order forthwith that every orthodox minister within your Government be one of the vestry in his respective Parish; and that no vestry be held without him except in case of sickness or, after notice of a vestry summoned he omit to come.
«37. And to the end that the ecclesiastical jurisdiction of the Lord Bishop of London may take place in Our Province under your Government, as far as conveniently may be, we do think fit, that you do give all countenance and encouragement to the exercise of the same excepting only the collating to benefices, granting licenses for marriage and probates of wills, which we have reserved to you Our Governor, and to the Commander in Chief of Our said Province for the time being.
«38. And we do further direct, that no School Master, who shall arrive in Our said Province from this Kingdom, be hence forward permitted to keep
school without the licence of the said Lord Bishop of London; and that no other person now there or shall come from other parts, shall be admitted to keep school in your Government without your licence first obtained.
«39, And you are to take especial care that a table of marriages established by the cannon of the Church of England be hung up in all places of public worship according to the rules of the Church of England.
«40. And it is Our further will and pleasure that in order to suppress as much as in you lies, every species of vice and immorality, you forthwith do cause all laws already made against blasphemy profaness, adultry, fornication, poligamy, incest, profanation of the Lords day, swearing and drunkeness, to be vigourously put in executiôn in every part of your Government ; and that you take due care for the punishment of these, and every other vice and immorality, be present upor Ath to be made to the temporal Courts, by the Church Wardens of the several parishes, at proper times of the year, to be appointed for that purpose; and for the further discouragement of vice and encouragement of virtue and good living (that by such examples the infidels may be invited and persuaded to embrace the Christian Religion) you are not to admit any persons to public trusts and employment in the Province under your Government, whose ill name and conversation may occasion scandal.
«41. And whereas it is stipulated by the aforesaid Treaty concluded at Paris, the 10th day of February 1763, that the French inhabitants or others who have been subjects of the Most Christian King in Canada may retire with all freedom and safety, wherever they shall think proper, and may sell their estates provided it be to Our subjects, and bring away
their effects, as well as their persons, without being restrained in their emigration under any pretence whatsoever, ex.
cept that of debts or criminal prosecution, and that the time limited for the emigration shall be fixed tothe space of eighteen months, to be computed from the day of the exchange of the ratifications of the treaty, you are therefore in all things to conform yourself to this stipulation ; and to take care that such of the French Inhabitants as intend to remove within the time limited be not obstructed or impeded provided they do not sell their estates to other than His Majesty’s subjects, and so long as they remain under your Government, they do in all things conform thereto in like manner as Our other subjects.
«42, And it is Our further will and pleasure that all and every of the French Inhabitants in Our said Province in virtue of grants or concessions made before the signing the Preliminary Articles of Peace on the third day of November 1762, do within such limited time as you in your discretion shall think fit, register
‘the several grants or other Deeds or
titles, by which they hold or claim such lands, in the Secretary’s Office, which said grants, deeds or other titles, shall be entered at large in the said office, so that the particular quantity of land its site and extent, the condition upon which it is granted, either as to the rents, services or cuitivation, may appear fully and at length.
«43. And in case it shall appear upon
a strict and accurate examination of the said grants and title deeds to be taken in such manner as you shall think proper, that any of the grantees, or persons claiming lands under such grants and title deeds, are in possession of more land than is contained within such grants or other concessions ; or that the terms and conditions, upon which the lands were granted, have not been complied with
agree grant pleas the & for you:
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persons, remigra- )ever, Exsecution, e emigra- "eighteen he day of ns of the things to tion ; and rench Invithin the r impeded estates to ts, and s0 r Governform the- "subjects.
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agreeable to what is stipulated in such grants or concessions ; It is Our will and pleasure that you forthwith represent the same to Us by Our Commissioners for Trade and Plantations, to the end you may receive such directions thereupon, as the nature and circumstances of the case shall appear to require.
«44, And whereas it is necessary in order to the advantageous and effectual settlement of Our said Province, that the true state of it should be fully known, you are therefore as soon as conveniently may be, to cause an accurate survey to be made of the said Province by such able and skillful person as is or shall be appointed for that service, who is to report to you in writing, for your judgment in the measures in which you may in general pursue for the making settlements, not only the nature and quality of the soil and climate, the Rivers, Bays and Harbours, and every other circums tance attending the natural state of it; But also his opinion, in what manner it may be most conveniently laid out into Counties, and to annex to his report a map of such Survey, with the several divisions proposed marked upon it; But as the making of such Survey will be a work of great length, you are in the meantime to carry on settlements upon that plan, which shall appear to you to be the most expedient, from the best in formation you can collect,
«45, And whereas it has been found by experience that the settling Planters in Townships hath very much redounded to their advantage, not only with regard to the assistance they have been able to afford each other in their civil concerns, but likewise with regard to the security they have thereby acquired against the insults and incursions of neighbouring Indians, or other enemies, you âre therefore to Lay out townships of a convenient size and extent in such places, as you in your discretion shall judge most proper.
And it is Our will and pleasure that each township do consist of about twenty thousand acres, having as far as may be natural boundaries extending up into the country, and comprehending a necessary part of the River St. Lawrence where it can be conveniently had.
«46. You are also to cause a proper place in the most convenient part of each township to be marked out for building a Town sufficient to contain such a number of Families as you shall judge proper to settle there, with Town and Pasture Lots convenient to each tenement, taking care that the said Town be laid out upon, or, as near as conveniently as may be, to some navigable River, or the Sea coast; And you are also to reserve to Us, proper quantities of land in each township for the following purposes, viz : for erecting Fortifications, and Barracks, where necessary, or for other Military, or Naval services, and more particularly for the growth and production of Naval Timber, if there are any woodlands fit for that purpose.
«47. And it is Our further will and pleasure that a particular spot in, or as near each Town as possible be set apart, for the building a Chuch, and four hundred acres adjacent thereto, allotted for the maintenance of a Minister, and two hundred for a School Master.
«48. And you are to give strict orders to the Surveyors, whom you shall employ to mark out the said townships and towns to make returns to you of their Surveys as soon as possible with a particular description of each township, and the nature of the soil within the same.
«49, And you are to oblige all such persons as shall be appointed to be Surveyors of the said lands in each township; to take an oath for the due performance of these offices, and for obliging them to make exact surveys of,all lands required to be set out.
«50. And whereas nothing can more
SR
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effectually tend to the speedy settling Our said Colony, the security of the property of Our subjects, and the advance.
ment of Our revenue, than the disposing of such lands as are Our property upon reasonable terms, and the establishing a regular and proper method of proceeding with respect to the passing of grants of such land ; It is therefore Our will and pleasure that all and every person and persons, who shall apply to you for any grant or grants of land shall, previous to their obtaining the same make it appear before you in Council, that they are in a condition to cultivate and improve the same by settling thereon in proportion to the quantity of acres desired a sufficient number of white persons and negroes ; and in case you shall upon a consideration of the circum Aaces of the person or persons applying for such grants think it advisable to pass the same, in such case you are to cause a warrant to be drawn up, directed to the Surveyor General or other proper officers, empowering him or them to make a faithful and exact survey of the lands so petitioned for, and to return the said warrant within six months ai farthest from the date thereof, with a plot r description of the lands so surveyed thereunto annexed, Provided that you take care, that before any such warrant is issued as aforesaid, a Docquet thereof be entered in the Auditors and Register’s Office, and when the warrant shall be returned by the said Surveyor for other proper officer, the grant shall be made out in due form, and the terms and conditions required by these Our Instructions be particnlarly and expressly mentioned in the respective grants.
And it is Our will and pleasure that the said grants shall be registered within six months from the date thereof in the Register’s Office, and a Docquet thereof be also entered in Our Auditors Office there, in case such establishment shall take
place in Our said Province, or that in default thereof, such grant shall be void, copies of all such entries shall be returned regularly by the proper officer, to Our Commissioners for Trade and Plantations, and to Our Commissioners of Our Treasury within six months from the date hereof.
«ol. And whereas great inconveniences have arisen in raany of Our Colonies in America, f'on the granting excessive quantities ct land to particular persons, wio have never cultivated nor settled and have thereby prevented others more industrious from improving the same, in order therefore to prevent the like inconveniences for the future you are to take especial care that in all grants to be made by you, by and with the advice and consent of Our Council, to persons applying for the same, the quantity be in proportion to their ability to cultivate, and you are hereby directed to observe the following directions and regulations in all grants to be made by you, viz:
«That one hundred acres of land be granted to every person being master or mistress Of a family, for himself or herself, and fifty acres for every white or black man, woman or child, of which such persons family shall consist al the actual time of making the grant ; and in case any person applying to you for grants of land shall be desirous of taking up a larger quantity than the actual number of persons in his or her family would intitle such persons to take up; It is Our will and pleasure and you are hereby allowed and permitted to grant unto every such person or persons, such further quantity of land as they may desire, not exceeding one thousand acres over and above what they are intitled to by the number of persons in their respective families, provided it shall appear to you, that they are in a condition and intention
hat in de- | be void, > returned r, to Our antations, Dur Trea-
the date
veniences olonies in excessive r persons, or settled hers more the same, the like you are all grants h the adil, to pere quantity y to culti- :ted to oband regule by you,
f land be master or If or herwhite or of which ist al the it sand in for grants king up a al number ily would , It is Our hereby alinto every h further desire, not over and to by the pective fair to you, | intention
to cultivate the same, and provided also that they do pay to the receiver of Our Quit rents, or to such other officer «s shall be appointed to receive the same, the sum of five shillings only for every fifty acres so granted on the day of the date of the grant.
« That all grantees be subject to the payment of two shillings sterling for every hundred acres, to commence at the expiration of two years from the date of such grant, and to be paid yearly and every year, or in default of such payment the grant to be void.
«That every grantee, upon giving proof that he or she has fulfilled the terms of conditions of his or her grant, shall be intitled to another grant, in the proportion and upon the conditions above mentioned.
«That for every fifty acres of land accounted Plantable, each Patentee shall be obliged, within three years after the date of his Patent to clear and work three acres at the least, in that part of his tract which he shall judge most convenient and advantageous ; or elsetoclear and drain three acres of swampy or sunken ground, or drain three acres of marsh, if any such be within the bounds of his grant.
«That for every fifty acres of land accounted barren, every Patentee shall be obliged to put and keep on his land within three years after the date of his grant, three neat cattle, which number he shall be obliged to continue on his land, until three acres for every fifty be fully cleared and improved.
«That if any person shall take up a tract of land, wherein there shall be no part fit for present cultivation without manuring and improving the same, every such grantee shall be obliged within three years from the date of his grant to erect on some part of his land, one good dwel:
ling house, to contain at least twenty
feet in length, and sixteen feet in breadth, and also to put on his land the like number of three neat cattle for every fifty acres.
«That if any person who shall take up any stony or rocky ground not fit for planting or pasture, shall within three years after the passing of his grant, begin to employ thereon, and to continue to work, for three years then next ensuing, in digging any stone quarry, or other mine, one good and able hand, for every hundred acres of such tract, it shall be accounted a sufficient cultivation and improvement.
«That every three acres which shall be cle*red and worked as aforesaid, and every three acres which shall be cleared and drained as aforesaid, shall be accounted a sufficient seating, planting, cul-
*tivation and improvement, to save forever from forfeiture fifty acres of land iv any part of the tract contained within the same Patent, and the Patentee shall be at liberty to withdraw his stock, or to forbear working in any quarry or mine, in proportion to such cultivation and improvement, as shall be made upon the plantable lands or upon the swampy sunken grounds and marshes which shall be included in the same Patent.
«That when any person who shall hereafter take up and Patent any lands, shall have seated, planted, and cultivated or improved the said land, or any part of it, according to the directions and conditions above mentioned, such Patentee may make proof of such seating, planting, cultivation and improvement in the general Court, or in the Court of the County, District or Precinct, where such land shall lie, and have such proof certified to the Register’s Office, and there entered with the record of the said Patent, a copy of which shall be admitted, on any trial, to prove the seating and planting of such land.
«And lastly in order to ascertain the true quantity of plantable and barren land, contained in such grant hereafter to be within Our said Province, you are to take especial care that in all surveys, hereafter to be made, every surveyor be required, and enjoined to take particular notice according to th: best of his judgment and understanding, how much of the land so surveyed is plantable, and how much of it is barren and unfit for cultivation, and accordingly to insert in the survey and plot by him to be returned into the Register’s Office, the true quantity of each kind of lands.
«52. And it is Our further will and pleasure that in all grants of land to be made by you, as aforesaid, regard be had to the profitable and unprofitable acres, $0 that each grantee may have a proportionable number of one sort and the other; as likewise that the breadth of each tract of land, to be hereafter granted be one third of the length of such grant, and that the length of each tract do not extend along the banks of any River but into the main land, that thereby the said grantees may have each a convenient share of what accommodation the said River may afford for navigation or otherwise.
«53. And whereas it hath been represented to Us, that many parts of the Province under your Government are particularly adapted to the growth and culture of Hemp and Flax, It is therefore Our will and pleasure, that in all surveys of land for settlement, the surveyor be directed to report, whether there is any, or What quantity of lands contained within such Survey, fit for the production of Hemp and Flax, and you are to take particular care to insert a clause in every grant of land where any part thereof is fit for such production obliging the grantee annually to sow a proportianable part of his grant with hemp or flax seed.
«54. And whereas it hath been further reported to Us, that a great part of the country in the neighbourhood of Lake Champlain and between that Lake and the River Saint Lawrence, abounds with wood producing trees fit for masting for Our Royal Navy, and other useful and necessary timber for Naval Construction, you are therefore expressly directed and required to cause such parts of the said country, or any other within your Government, that shall appear upon a Survey to abound with such trees and shall be convenient for water carriage Lo be reserved to Us, and to rise your utmost endeavour to prevent any waste being committed upon the said tracts, by punishing in due course of Law any persons who shall cut down or destroy any trees growing thereon, and you are to consider and advise with Our Council whether some regulation that shall pre vent any Saw Mills whatever from being erected within your Government, without
.a license from you or the Commander in
Chief of Our said Province for the time being, may not be a mean of preventing all waste and destruction in such tracts of land, as shall be reserved to Us, for the purpose aforesaid.
«55. And whereas it appears from the representation of Our Governor of the District of Trois Rivières, that the Iron Works of Saint Maurice in that District are of great consequence to Our service, It is therefore Our further will and pleasure, that no part of the lands, upon which the said Iron Works, were carried on, or from which the ore used in such work was procured, or which shall appear to be necessary and convenient for that establishment either in respect to a free passage to the River Saint Lawrence, or for producing a necessary supply of wood, corn and hay or for pasture for cattle, be granted to any private person whatever, and also that as large a District of land as conveniently may be ad-
en furpart of ood of t Lake ibounds or mas- A other r Naval Kpressly ch parts within ar upon rees and riage Lo our ut- , waste acts, by any perroy any 1 are to Council aall pre m being without inder in he time venting h tracts Us, for
rom the * of the he Iron District service, nd pleas, upon carried in such hall apient for Ject to a wrence, ipply of Lure for > person > a Disy be ad-
jacent to, and Iving round the said Iron Works over and above what may be necessary for the ab:ve purposes, be reserved for Our use, to be disposed of in such manner as we shall hereafter direct and appoint.
«56. And whereas it is necessary, that all persons who may be desirous of settling in Our said Province, should be fully informed of the terms and conditions, upon which lands will be granted in Our said Province you are therefore as soon as possible to cause a publication to be made by Proclamation or otherwise as you in your discretion shall think most advisable, of all and every the aforegoing terms, conditions and regulations of every kind respecting the grants of land, in which Proclamation it may be expedient to add some short description of the natural advantages of the soil, and climate, and its peculiar conveniences for Trade and Navigation ; And you are to take such steps as you shall think proper for the publishing such Proclamation in all the Colonies in North America.
«57. And it is Our further will and pleasure, that all the foregoing instructions to you, as well as any which you may hereafter receive relative to the form and method of passing grants of lands, and the terms and conditions to be annexed to such grants be entered on record with the grants themselves, for the information and satisfaction of all parties whatever, that may be concerned therein.
«58. And it is Our further will and pleasure that you do consider of a proper and effectual method of collecting receiving and accounting for Our quit rents, whereby all frauds concealments irregularity or neglect therein may be prevented and whereby the receipt whereof may be effectually checked and controlled ; and if it shall appear necessary to pass an act for the more effectually as-
certaiñing, and the more speedily and regularly collecting Our quit rents, you are to prepare heads of such a Bill, as you shall think may most effectually conduce to the procuring the good ends proposed, and to transmit the same to Our Commissioners for Trade and Plantations in order to be laid before Us, for Our further direction therein.
«59, And it is Our further will and pleasure that the Surveyor General or such other person or persons as you shall think proper to appoint, do, once in every year or oftener as occasion shall require inspect the State of all grants of land made by you, and make report thereof to you in writing, specifying whether the conditions therein contained have or have not been complied with, or what progress has been made towards fulfilling of such reports to Our Commissioners for Trade and Plantations.
«60. And whereas Our Province of Quebec is in part inhabited and possessed by several Nations and Tribes of 1ndians with whom it is both necessary and expedient to cultivate and maintain a strict friendship and good correspondence, so that they may be induced by degrees not only to be good neighbours to Our subjects, but likewise themselves to become good subjects to Us, you are therefore as soon as you conveniently can, to appoint a proper person or persons, to assemble and treat with the said Indians, promising and assuring them of protection and friendship on Our part, and delivering them such presents, as shall be sent to you for that purpose.
«61. And you are to inform yourself with the greatest exactness of the num ber, nature and disposition of the several bodies or tribes of Indians, of the manner of their lives, and the rules and constitutions, by which they are governed or regulated. And you are upon no account to molest or disturb them in the posses-
sion of such part of the said Province, as they at present occupy and possess ; but to use the best means you can for cultivating their affections and uniting them to Our Government, reporting to Us, by Our Commissioners for Trade and Plantations, whatever information you can collect with respect to these people and the whole of your proceedings with them.
«62. Whereas we by Our Proclamation dated the seventh day of October in the third year of Our reign strictly forbid, on pain of Our displeasure all Our subjects from making any purchases or settlements whatever, or taking possession of any lands reserved to the several nations of Indians, with whom we are connected and who live under Our protection, without Our special leave for that purpose first obtained ; It is Our express will and pleasure, that you take the most effectual care, that Our Royal directions herein be punctually complied with ; and that the trade with such of the said Indians as depend upou your Government be carried on in the manner and under the regulations prescribed in Our said Proclamation.
«63. You are to use your best endeavours in improving the trade of those parts by settling such orders and regulations therein with the advice of Our said Council, as may be most acceptable to generality of the inhabitants. And it is Our express will and pleasure that you do not upon any pretence whatever, upon pain of Ourhighest displeasure, give your assent to any law or laws for setting up any manufactures and carrying on any trades, which are hurtful and prejudicial to this Kingdom; and you are to use your utmost endeavour to discourage, discountenance and restrain any attempts which may be made to set up such manufactures, or establish any such trades.
«64. Whereas by the 5th and 6th articles of the treaty of peace and neutra-
lity in America concluded between England and France, the 16th day of November 1686, the subjects and inhabitants of each Kingdom are prohibited to trade and fish in all places possessed, or which shall be possessed by the other in America, and if any ships shall be found trading contrary to the said Treaty, upon due proof the said ship shall be confiscated ; But in case the subjects of either King shall be forced by stress of weather, enemies or other necessity into the Ports of the other in America, they shall be treated with humanity and kindness and may provide themselves with victuals and other things necessary for their sustenance and the reparation of their ships, at reasonable rates ; provided they do not break bulk, nor carry any goods out of their ships, exposing them to sale under penalty of confiscation of ship and goods.
It is therefore Our will and pleasure that you signify to Our subjects under your Government to the purport and intent of the above said two articles, and that you take particular care, that none of the French subjects be allowed to trade from there said settlements to the Province under your Government, or to fish upon the Coast thereof.
«65. And it is Our will and pleasure that you do not dispose of any forfeitures or escheats to any person until the Sheriff or other proper officer have made enquiry by a survey upon their oaths, into the true value thereof, nor until you have transmitted to Our Commissiouers of Our Treasury, and to Our Commissioners for Trade and Plantations a particular account of such forfeitures, and escheats, and the value thereof, and you are to take care that the produce of such forfeitures and escheats, in case we shall think proper to give you directions to dispose of the same, be duly paid to Our Treasurer or Receiver General of Onr said Province, and a full account trans-
pro said that
nish miss
«6 Our offic and con:
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een Enrs of Noabitants to trade r which in Ameund tra- Y, upon ‘onfiscaf either weather, he Ports shall be ness and victuals heir susir ships, y do not ls out of le under d goods.
sure that ler your nmtent of that you » of the ide from ince un-
particuand esnd you of such
of Onr nt trans-
mitted to Our Command of Our Treasury or Our High Treasurer for the time being, and to Our Commissioners for Trade and Plantations, with the names of the persons to whom disposed.
«66. And whereas commissions have been granted unto several persons in Our respective Plantations in America for the trying of pirates, in those parts pursuant to the acts for the more effectual suppression of Piracy, and by a Commission already sent to Our Province of New-York, Our Governor there is empowered together with others therein mentioned, to proceed accordingly in refrence to Our said Province ; Our will and pleasure is, that you do use your best endeavours to apprehend all persons whatever who may have been guilty of Piracy within your Government, or who having committed such crimes at other places, may come within your jurisdiction and until we shall think proper to direct the like commission to be established for Our Government of Quebec, you are to send such Pirates, with what proofs of their guilt you can procure or recollect, to the Governor of New-York to be tried and punished under the authority of the Commission established for those parts.
«67. And whereas you will receive from Our Commissioners for executing the office of High Admiral of Great Britain, and of Our Plantations, a commission constituting you Vice Admiral of Our said Province, you are hereby required and directed carefully to put in execution the several powers thereby granted you.
«68. Whereas great inconveniences have happened heretofore by Merchant Ships and other vessels in the Plantations wearing the colours borne by Our ships of war, under pretence of Commissions granted to them by the Governors of the said Plantations, and by trading under those colours, not only among Our own
subjects, but also those of other princes and states, and committing divers irregularities, they may very much dishonour Our service, for the preventing whereof you are to oblige the Commanders of all such ships, to which you shall grant Commissions, to wear no other colours, than such as are described in an order of Council of the Seventh of January 1730, in relation to colours to be worn by all ships and vessels except Our ships of war.
«69. And whereas there have been great irregularities in the manner of granting Commissions in the Plantations to private ships of war, you are to govern yourself, whenever there shall be occasion according to the. Commissions and Instructions granted in this Kingdom.
But you are not (1) to grant Commission of Marque or Reprizal against any Prince or State, or their subjects in enmity with Us, to any person whatsoever without Our special command.
«70. Whereas we have been informed that during the time of war, Our enemies have frequently got intelligence of the state of Our Plantations by letters from private persons to their correspondents in Great Britain, taking on board ships coming from the Plantations, which has been of dangerous consequence, Our will and pleasure therefore is, that you signify to all merchants, planters and others, that they be very cautious in time of war, whenever that shall happen, in giving any accounts by letters of the public state and condition of Our Province under your Government, and you are further to give directions to all masters of ships, or other persons to whom you may entrust your letters, that they put such letters into a Bag, with a sufficient weight to sink the same immediately, in case of imminent danger from the enemy. And
(1) Not Interligné et écrit en rouge.
you are also to let the merchants and Planters Know, how greatly it is for their interest, that these letters should not fall into the hands of their enemy, and therefore that they should give the like orders to masters of ships in relation to their letters; and you are
further to advise all masters of ships that
they do sink all letters in case of dauger in the manner before mentioned.
«71. And whereas in time of war, the merchants and planters, in Our Plantations in Americ' did correspond and trade with Our enemies and carry intelligence to them, to the great prejudice and hazard of Our said Plantations, you are therefore by all possible methods to endeavour to hinder such trade and correspondence in time of war.
«72. And you are to report to Us, by Our Commissioners for Trade and Plantations, what is the nature of the soil and climate of the Province under your Government if it differs in the circumstances from Our Northern Colonies, in what that difference consists, and what beneficial articles of commerce, the different parts of it are capable of producing.
«What rivers there and of what extent aud convenience to the Planters ?
« What are the principal harbours, how situated, of what extent; and what isthe depth of the water, and nature of the anchorage in each of them ?
«What quantity of lands is now on actuxl improvement and settlement ? what are the chief articles of produce and culture, the annual amount of the quantity of each; ana upon what terms and conditions the inhabitants hold their lands, either of cultivation, rent or personal service,
« What is the quantity, nature and property of the land uncultivated, how much of it is capable of culture and what part there is private property.
« What is the number of the inhabi.
tants whites and blacks, distinguishing each ? what number of the former is capable of bearing arms, and what number of the latter is annually necessary to be supplied in proportion to the land cultivated.
« What was the nature, form and constitution of the Civil Government, what judicatures were there established and under what regulations did the French inhabitants carry on their commerce.
«73. You are from time to time to send unto Us, by Our Commissioners for l'rade and Plantations, as aforesaid an account of the increase and decrease of the inhabitants, whites and blacks, and also an account of all persons born, christened and buried.
«74, Whereas it is absolutely necessary that we be exactly informed of the state of defence of all Our Plantations in America, as well in relation to the stores of war; that are in each Plantation there, and what more may be necessary to be built for the defence and security of the same ; you are as soon as possible, to prepare an account thereof with relation to Our said Province in the most particular manner; and you are therein to express the present state of the arms, ammunition and other stores of war, belonging to the said Province, in Public Magazines, or in the hands of private persons ; together with the state of all places either already fortified, or that you judge necessary to be fortified for the security of Our said Province, and you are to transmit the said accounts to Our Commissioners for Trade and Plantations, as also a duplicate thereof to Our Master General or principal officers of Our ordnance, which accounts are to express the particulars of ordnance, carriages, balls, powder and other sorts of arms and ammunition in Our Public Stores, and s0 from time to time of what shall be sent
inhabi:
uishing er is Canumber ry to be ad culti-
and connt, what hed and French erce.
e to send or lrade account he inhaalso an ristened
y necesd of the ations in he stores on there, iry to be y of the sible, to relation ; particun to ex- ‘ms, aMr, beloniblic Mavate peral places ou judge security
press the s, balls, and amand 50 Il be sent
You, or bought with the public money, and to specify the time of the disposal, and the occasion thereof ; and You are half Yearly to transmit a general account of the state of the Fortifications and war like stores, specified in the manner above mentioned.
«75. You are from time to time to give an account, what strength your neighbours have by sea and lanû, and of the condition of their Plantations, and what correspondence you Keep with them.
«76. And in case of any distress of any other of Our Plantations, you shall upon application of the respective Governors thereof unto you assist them with what aid the condition and safety, of Our Province under your Government can spare.
«77. If any thing shall happen which may be of advantage or security to Our Province under your Government, which is not herein or by your Commission provided for, We do hereby allow unto you, with the advice and consent of Our Council, to take order for the present therein, giving unto Our Commissioners for Trade and Plantations speedy notice thereof, in order Lo be laid for Us, that you may receive Our Ratification, if we shall approve the same : Provided always that you do not by colour of any power or authority hereby given you, commence or declare war, without Our Knowledge and particular commands therein.
«78. And whereas we have, by the second article of these Our Instructions to you, directed and appointed that your chief residence shall be at Quebec ; you are nevertheless frequently to visit the cocher parts of your Government, in order to inspect the management of all public affairs, and thereby the better to take care, that the Government be so administered that no disorderly practices may grow up contrary to Our service and the welfare of Our subjects.
« 79, And whereas great prejudice may happen to Our service, and the security of Our Province, by your absence from those parts, you are not upon any pretence whatsoever, to come into Europe, without having first obtained leave for so doing from Us, under Our Sign Manual and Signet, or by Our order in Our Privy Council, yet nevertheless in case of sickness, you may go to South Carolina, or any other of Our Southern Plantations, and there stay for such space as the recovery of your health may absolutely require.
« 80. And whereas we have thought fit by Our Commission to direct, that in case of your death or absence, and the death or absence of your Lieutenant Governors of Montreal and Trois Rivieres, and in case there be at that time no person within Our said Province commissionated or appointed by Us, to be Commander in Chief, that the eldest Councillor who shall be at the time of your death, or at the death or ahsence of Our Lieutenant Governors as aforesaid, residing within Our said Province, under your Government, shall take upon him the administration of Government and execute Our said Commission and instructions, and the several powers and authorities therein directed. It is nevertheless Our express will and pleasure that in such case the said President shall forbear to pass any act or acts, but what are immediately necessary for the Peace and welfare of the said Province without Our particular order for that purpose, and that he shall not remove or suspend any of the members of Our Council or any Judges, Justices of the Peace or other officers civil or Military withoutthe advice and consent of at least seven of the members of Our said Council, nor even then without good and sufficient reasons for the same, which the said President is to trangmit, signed by himself and the rest of Our said
Council, to Our Commissioners for Trade and Plantations, by the first opportunity in order to be laid for Us.
«81. And whereas we are willing in the best manner to provide for the support of the Government of Our Province aforesaid of which yotù are Governor, by setting a part sufficient allowances to such as shall be Our Governor or Commander in Chief, residing for the time being within the same, Our will and pleasure is, that when it shall happen that you are absent from Our said Province one full moiety of the salary, and all perquisites and emoluments whatsoever, which would otherwise become due unto you, shall during the time of your absence, be paid and satisfied unto Our Commander in Chief, who shall be resident within Our said Province for the time being, which we do hereby order and allow unto him for his maintenance, and for the better support of the Deputy of that Our Government.
« 82. And you are upon all occasions to send unto Our Commissioners for Trade and Plantations only a particular account of all your proceedings and of the condition of atfairs within ÿour Government, in order to be laid befor Us, Provided nevertheless, whenever any occurrences shall happen within your Government of such a nature and importance as may require Our immediate directions by one of Our Principal Secretary's of State, and also upon all eccasions and in all affairs wherein fou may receive Our orders by one of Our Principal Secretary’s of State, you shall in all such cases, transmit to Our Secretary of State only, an account of all such occurrences, and of your proceedings relative to such orders. »
Le 20 Décembre 1763 (1), le Révérend S. Johnson écrit à l’Archevêque de Can-
(2w-Historical documents relating to Canada and the British Colonies in America, from the London Archives, VI, 131.
terbury, au sujet des affaires religieuses de la colonie :
« [is truly a miserable thing. My Lord, tuat we no sooner leave fighting our neigibors, the French, but we must fall to quarrelling among ourselves : I fear the present state of the ministry is indeed, very feeble; so that I doubt we must, after all our hopes, loose the present juncture also, for gaining the point we have long had so much at heart, and I believe must never expect another. Is there then nothing more that can be done, either for obtaining Bishops, or demolishing these pernicious charter Goveruments, and reducing ther äll to one form in immediate dependence on the King? I ca’nt help calling them pernicious, for they are indeed so, as well to the good of the people themselves, as to the interest of true Religion, as your Grace remembers. 1 formerly intimated in some Queries and Letters, I would hope Providence may some how bring it about that things may be compromised respecting the ministry, and would it not now be a proper juncture for some such general address from the Clergy of these Provinces to the King, as I once mentioned to Your Grace? or is there not probability enough of success yet with regard both to Bhs. and Gover. to make it worth while for a Gentleman or two (who I believe might be procured) to go from hence to solicit the gaining these points? for I doubt nothing will do without solicitation from hence.
« P.S. Decr. 22nd.
« Since writing, a sensible good Gentle.
man has been with me, who has been in all the parts of Canada and a prisoner among the remotest Indians. He speaks highly of Mr. Ogilvie, at Montreal, and is persuaded with me, that politically speaking nothing could be of so much conse-
que gair as \ suc] tion and a B] « ] and witl Jar\ neu glen ture neul glerr ville Le dans l'APP sur | vets à l’a à l’a, Le Burt nan de le Le Burt nanc la S terre siont Le
