pointed by Thofe ap. in the fixth year of our reign, intituled, An act for altering 6 Geo. III. the oath of abjuration, and the affurance; and for amending fo much of an act of the feventh year of her late majesty Queen Anne, intituled, An act for the improvement of the union of the two kingdoms, as, after the time therein limitted, requires the delivery of certain lifts and copies therein mentioned, to perfons indicted of high treafon, or misprifion of treafon;" as alfo that you make and fubfcribe the declaration mentioned in an act of parliament, made in the twenty-fifth year of the reign of King Declaration Charles the Second, intituled, "An act for preventing dangers fubftantion, which may happen from Popish recufants ;" and likewife that 25 Car. II. you take the oath ufually taken by the governors in the planOath of of-tations, for the due execution of the office and truft of our capoath con- tain-general and governor in and over our faid province, and cerning the for the due and impartial adminiftration of justice; and further law of trade. that you take the oath required to be taken by governors of against tran fice, and 11. the plantations, to do their utmost, that the feveral laws re- ́ lating to trade and the plantations be duly obferved; which faid oaths and declaration our council of our faid province, or any three of the members thereof, have hereby full power and authority, and are required to tender and adminifter to you; all which being duly performed, you fhall yourself adminifter to each of the members of our faid council, (except as herein after excepted) the faid oaths mentioned in the faid Oaths to be acts, intituled, "An act for the further fecurity of his Majesty's members of perfon and government, and the fucceffion of the crown in the heirs the council. of the late princefs Sophia, being proteftants, and for extinguishing taken by Thofe of religion, exempt the hopes of the pretended prince of Wales, and his open and fecret abettors ;" and "An act for altering the oath of abjuration, and the affurance, and for amending fo much of an act of the Seventh year of her late majesty Queen Anne, intituled, An act for the improvement of the union of the two kingdoms, as after the time therein limitted, requires the delivery of certain lifts and copies, therein mentioned, to perfons indicted of high treason, or misprision of treafon;" as alfo caufe them to make and fubfcribe the aforementioned declaration, and to adminifter unto them the usual oath for the due execution of their places and trusts. And whereas we may find it expedient for our service, the remifh that our council of our faid province fhould be in part compofed of fuch of our Canadian fubjects, or their defcendants, as remain within the fame under the faith of the treaty of Paris, and who may profess the religion of the church of Rome; it is therefore our will and pleasure, that in all cafes from all eaths; where except that where fuoh perfons fhall or may be admitted, either into our faid council or into any other offices, they fhall be exempted from all tefts, and from taking any other oath than that pre- prefcribed fcribed in and by an act of parliament, paffed in the four- by ftat. 14 teenth year of our reign, intituled, An act for making Geo. III. more effectual provifion for the government of the province of Quebeck in North America; and alfo the ufual oath for the due execution of their places and trufts refpectively, the gover thers to ad And we do further give and grant unto you, the faid Guy Power for Carleton, full power and authority from time to time, and nor to adat any time hereafter, by yourself, or by any other to be minister or authorized by you in that behalf, to adminifter and give the impower o oaths mentioned in the faid acts, intituled, "An act for the minifter the further fecurity of his Majefty's perfon and government, and the faid oaths, fucceffion of the crown in the heirs of the late princefs Sophia, being proteftants, and for extinguishing the hopes of the pretended prince of Wales, and his open and fecret abettors," and, 66 An act for altering the oath of abjuration, and the affurance; and for amending fo much of an act of the feventh year of her late majesty Queen Anne, intituled, An act for the improvement of the union of the two kingdoms, as, after the time therein limitted, requires the delivery of certain lifts and copies therein mentioned, to perfons indicted of high treason, or mifprifion of treafon," to all and every fuch perfon or perfons, as you fhall think fit, who fhall at any time or times pafs into our faid province, or fhall be refident or abiding there. And we do hereby authorize and impower you to keep Power to use and use the public feal of our province of Quebeck for seal- public seal. ing all things whatsoever, that fhall pass the great seal of our faid province. confent of And we do hereby give and grant unto you, the faid Guy Power with Carleton, full power and authority, with the advice and the council confent of our faid council, to make ordinances for the to make orpeace, welfare, and good government of the faid province, dinances and of the people and inhabitants thereof, and fuch others, as fhall refort thereunto, and for the benefit of us, our heirs, and fucceffors; provided always, that nothing herein contained fhall extend, or be conftrued to extend to the authorifing and impowering the paffing any ordinance or ordinances for laying any taxes or duties within the faid province, fuch rates and taxes only excepted, as the inhabitants of any town or diftrict within our faid province may be au thorized thorized by any ordinance paffed by you, with the advice and confent of the faid council, to affefs, levy, and apply within the faid town or diftrict for the purpofe of making roads, erecting and repairing public buildings, or for any other purpose refpecting the local convenience and œconomy which fhall of fuch town or diftrict; provided alfo, that every ordinance, be tranfmit- fo to be made by you, by and with the advice and confent land within of the faid council, fhall be, within fix months from the Six months; paffing thereof, tranfinitted to us under our feal of our faid ted to Eng province for our approbation or difallowance of the fame; as alfo duplicates thereof by the next conveyance; and in cafe any, or all of the faid ordinances fhall at any time be difallowed and not approved, and fo fignified by us, our heirs and fucceffors by order in their, or our privy council unto you, the faid Guy Carleton, or to the commander in chief of our faid province for the time being, then fuch and fo many of the faid ordinances, as fhall be fo difallowed and not approved, fhall from the promulgation of the faid order in council within the faid province ceafe, determine and become utterly void and of no effect; provided alfo, that no ordinance touching religion, or by which any punishment may be inflicted greater than fine or imprisonment for three months, fhall be of any force or effect, until the fame fhall have been allowed and confirmed by us, our heirs and fucceffors, and fuch allowance or confirmation fignified to you, or to the commander in chief of our faid province for the time being, by their or our order in their or our privy council. Provided also, that no ordinance fhall be paffed at any majority of meeting of the council, where less than a majority of the the council whole council is prefent, or at any time, except between be prefent, the first day of January and the firft day of May, unless Jan. 1, and upon fome urgent occafion; in which cafe every member May 1. thereof refident at the town of Quebeck, or within fifty But none to pafs unless a or between miles thereof, fhall be perfonally fummoned to attend the fame and to the end that nothing may be paffed or done by our faid council to the prejudice of us, our heirs, and Govern. to fucceffors, we will and ordain, that you, the faid Guy have a ne- Carleton, fhall have and enjoy a negative voice in the making and paffing of all ordinances, as aforefaid. gative voice. Power with And we do by thefe prefents give and grant unto you, the confent of faid Guy Carleton, full power and authority, with the adthe council vice and confent of our faid council, to erect, constitute, courts of and establish such and so many courts of judicature and judicature; to erect public miffionate faid oaths to perfons be public juftice within our faid province under your government, as you and they fhall think fit and neceffary for the hearing and determining all caufes, as well criminal as civil, and for awarding execution thereupon, with all reafonable and neceffary powers, authorities, fees, and privileges belonging thereunto; as alfo to appoint and commiffionate fit perfons and to comin the feveral parts of your government to adminifter the fit perfons to oaths mentioned in the aforefaid acts, intituled, "An act for adminifter the further fecurity of his Majefly's perfon and government; • the aforeand the fucceffion of the crown in the heirs of the late princefs Sophia, being proteftants; and for extinguishing the hopes longing to of the pretended prince of Wales, and his open and fecret abet- fuch courts. tors ;" and, "An act for altering the oath of abjuration, and the affurance; and for amending fo much of an act of the feventh year of her late majefty queen Anne, intituled, An act for the improvement of the union of the two kingdoms, as, after the time therein limitted, requires the delivery of certain lifts and copies, therein mentioned, to perfons indicted of high treafon, or misprifion of treafon" as alfo to tender and adminifter the aforefaid declaration to fuch perfons belonging to the faid courts, as fhall be obliged to take the fame. judges,com And we do hereby grant unto you full power and autho- Power to rity to conftitute and appoint judges, and in cafes requifite appoint commiffioners of Oyer and Terminer, juftices of the peace, miffioners fheriffs, and other neceffary officers and minifters in our of Oyer and faid province for the better adminiftration of juftice, and Terminer, juftices of putting the laws in execution; and to adminifter or caufe the peace, to be adminiftered unto them fuch oath or oaths, as are and other ufually given for the due execution and performance of officers of offices and places, and for the clearing of truth in judicial caufes. justice. crimes. And we do hereby give and grant unto you. full power and Power to authority, where you fhall fee caufe, or fhall judge any pardon offender or offenders in criminal matters, or for any fines or forfeitures due unto us, fit objects of our mercy, to pardon all fuch offenders, and remit all fuch offences, fines, and forfeitures; treafon and wilful murder only excepted; in which cafes you fhall likewife have power upon extraordinary occafions to grant reprieves to the offenders, until, and to the intent our royal pleasure may be known therein. And we do by these prefents give and grant unto you full Power to power and authority to collate any perfon or perfons to any ecclefiafti B collate to churches, cal benefi ces. Power to le churches, chapels, or other ecclefiaftical benefices within our faid province, as often as any of them shall happen to be void. And we do hereby give and grant unto you, the faid Guy vy troops Carleton, by yourself, or by your captains and commanders and employ them against by you to be authorized, full power and authority to levy, enemies, pi- arm, mufter, command, and employ all perfons whatrates, and foever refiding within our faid province; and, as occafion rebels; law, in time fhall ferve, them to march, embark, or tranfport from one place to another, for the refifting and withstanding of all enemies, pirates, and rebels both at land and fea; and to tranfport fuch forces to any of our plantations in America, if neceffity fhall require, for defence of the fame against the invafion or attempts of any of our enemies; and fuch enemies, pirates and rebels, if there fhall be occafion, to pursue and profecute in, or out of, the limits of our faid province; and, if it fhall so please God, them to vanquish, apprehend, and take, and, being taken, according to law to put to death, and to exe- or keep or preserve alive at your difcretion, and to execute cute martial martial law in time of invafion, war, or other times, when by law it may be executed; and to do and execute all and every other thing and things, which to our captain-general and governor in chief doth or of right ought to belong. Power with And we do hereby give and grant unto you full power and confent of authority, by and with the advice and confent of our faid the council, council, to erect, raise, and build in our faid province fuch forts and and fo many forts, platforms, caftles, cities, boroughs, castles; towns, and fortifications, as you by the advice aforefaid fhall and to forti- judge neceffary; and the fame or any of them to fortify and fy and fur-furnifh with ordnance, ammunition, and all forts of arms' fit with arms, and neceffary for the fecurity and defence of our faid pro&c. and to vince; and, by the advice aforefaid, the fame again, or any demolish or of them to demolish or dismantle, as may be most conye of war. to build nifh them difmantle them. tains and nient. And forafmuch as divers mutinies and diforders may hapPower to ap- pen by perfons fhipped and employed at fea, during the point cap- time of war; and to the end, that fuch, as fhall be shipped other off and employed at fea during the time of war, may be better cers of thips, governed and ordered, we do hereby give and grant unto them com you, the faid Guy Carleton, full power and authority to miffions to conftitute and appoint captains, lieutenants, mafters of fhips, execute the and other commanders and officers; and to grant to fuch captains, lieutenants, mafters of fhips, and other com and to grant law martial. manders |