Page images
PDF
EPUB

28 Hen. VIII.or

ing to to, the twenty-eighth of Henry the Eighth directs, or by commiffion by commiffion from our faid commiffioners for executing the office of high admiral ralty, according of Great Britain, or from our high admiral of Great Britain for the

from the admi

to the itat. 22 Geo. II.

But for offences committed on

fons fhall be

ed according to

committed.

time being, according to the afore-mentioned act, intituled, " An "Act for amending, explaining, and reducing into one act of parliament the laws relating to the government of his Majefty's fhips, veffels, and forces by fea," and not otherwife.

[ocr errors]

Provided nevertheless, that all diforders and misdemeanors comfhore thefe per- mitted on fhore by any captain, commander, lieutenant, master, tried and punish- officer, feaman, foldier, or other perfon whatsoever belonging to the laws of any of our fhips of war, or other veffels, acting by immediate place where the commiffion or warrant from our commiffioners for executing the offence thall be office of high admiral of Great Britain, or from our high admiral of Great Britain for the time being, under the feal of our admiralty, may be tried and punished according to the laws of the place where any fuch disorders, offences, and mifdemeanors fhall be committed on shore, notwithstanding fuch offender be in our actual service and borne in our pay on board any of our ships of war, or other veffels, acting by our immediate commiffion or warrant from our commiffioners for executing the office of high admiral of Great Britain, or from our high admiral of Great Britain for the time being as aforefaid, fo as he fhall not receive any protection for the avoiding of justice for such offences committed on fhore from any pretence of his being employed in our fervice at sea.

Power, with the confent of the

pofe of public

And our further will and pleasure is, that all public monies raised, council, to dif- or which shall be raised, by any act hereafter to be made within our money for the faid province, be iffued out by warrant from you, by and with the fupport of the advice and confent of our council as aforefaid, for the fupport of the government, and not otherwise.

government.

confent of the

lands.

Power, with the And we likewife give and grant unto you full power and council, to grant authority, by and with the advice and confent of our faid council, to fettle and agree with the inhabitants of our faid province for fuch lands, tenements, and hereditaments as now are, or hereafter fhall be, in our power to difpofe of, and them to grant to any perfon or perfons upon fuch terms and under fuch moderate quitrents, fervices, and acknowledgements, to be thereupon reserved unto us, as you, with the advice aforefaid, fhall think fit; which

under the public

faid grants are to pafs and be fealed by our public feal of our faid The grants to be province, and, being entered upon record by fuch officer or officers feal, and to be as fhall be appointed thereunto, fhall be good and effectual in the registered. law against us, our heirs and fucceffors.

must be made

the King's in

Provided the fame be conformable to the inftructions herewith These grants delivered to you, or to fuch other inftructions as may hereafter be fent conformable to you under our fignet and fign manual, or by our order in our privy ftructions. council; which inftructions, or any articles contained therein, or And these inany fuch order made in our privy council, fo far as the fame fhall lating to the relate to the granting of lands as aforefaid, fhall from time to time granting of be published in the province, and entered on record in like manner published. as the faid grants are hereby directed to be entered.

structions rc

lands shall be

confent of the

markets, har

And we do hereby give you, the faid James Murray, full power Power, with the and authority to order fairs, marts, and markets, and alfo fuch and council, to apso many ports, harbours, bays, havens, and other places for the point fairs and conveniency or fecurity of fhipping, and for the better loading and bours and unloading of goods and merchandizes, in fuch and fo many places as, by and with the advice and confent of our faid council, fhall be thought fit and necessary.

wharfs.

and military,

province, are to

governour in

And we do hereby require and command all officers and minifters, All officers civil civil and military, and all other inhabitants of our faid province, and other into be obedient, aiding, and affifting unto you, the faid James Murray, habitants of the in the execution of this our commiffion and of the powers and be aiding and authorities therein contained; and, in cafe of your death or abfence affifting to the from our faid province and government, to be obedient, aiding, the execution of and affifting to the commander in chief for the time being; whom we do therefore by these presents give and grant all fingular the powers and authorities herein granted, to be by executed and enjoyed during our pleasure, or until your arrival chief for the within our faid province.

to

and

his commiffion;

and in cafe of death or abfence nour, to the

of the gover

him

commander in

time being.

commander in

of the death or

And in cafe of your death or abfence from our faid province, Who shall be our will and pleasure is, that our lieutenant-governour of Montreal chief of the or Trois Rivieres, according to the priority of their commiffions of province in cafe lieutenant-governour, do execute our faid commiffion with all the abfence of the powers and authorities therein mentioned, as aforefaid. And in governour. cafe of the death or abfence of our lieutenant-governours of Montreal

[blocks in formation]

This office of captain general

and Trois Rivieres from our faid province, and that there shall be no perfon within our faid province appointed by us to be lieutenantgovernour or commander in chief of our faid province, our will and pleasure is, that the eldest councillor, who fhall be, at the time of your death, or abfence, refiding within our faid province, shall take upon him the administration of the government, and execute our faid commiffion and inftructions, and the feveral powers and authorities therein contained, in the fame manner to all intents and purposes as other our governour or commander in chief should or ought to do, in cafe of your abfence, or until your return, or in all cafes until our further pleasure be known.

And we do hereby declare, ordain, and appoint, that you, the and governor faid James Murray, fhall and may hold, execute, and enjoy the heldonly during office and place of our Captain General and Governour in Chief in the King's plea- and over our faid province of Quebec and all the territories depending

fure.

thereon, with all and fingular the powers and authorities hereby granted unto you, for and during our will and pleasure. In witnefs whereof we have caufed these our letters to be made patent. Witness ourself at Westminster the twenty-first day of November, in the fourth year of our reign.

By writ of privy feal. (Signed) YORKE & YORKE.

Recorded at the Treasury Chambers, Whitehall, the 28th day of November 1763.

[blocks in formation]

Recorded in the Register's Office in Quebec, the 7th day of June

1766.

(Signed) J. GOLDFRAP, D. Regr.

NUMBER

NUMBER X.

OATHS of Allegiance and Abjuration of the Pope's
Power, and the Pretender's Right to the Crown of
GREAT BRITAIN;

Mentioned in the foregoing Commiffion of Captain General
and Governour in Chief.

I. The OATH of ALLEGIANCE.

IA. B. do fincerely promise and fwear, that I will be faithful, and bear true allegiance, to his Majefty King George.

So help me GO D.

II. The OATH of ABJURATION of the POPE's POWER.

A. B. do fwear, that I do from my heart abhor, detest, and abjure, as impious and heretical, that damnable doctrine and pofition, that princes excommunicated or deprived by the Pope, or any authority of the fee of Rome, may be depofed or murdered by their fubjects, or any other whatsoever.

And I do declare, that no foreign prince, perfon, prelate, ftate, or potentate, hath, or ought to have, any jurifdiction, power, fuperiority, pre-eminence, or authority, ecclefiaftical or spiritual, within this realm.

So help me GO D.

III. The OATH of ABJURATION of the PRETENDER's
RIGHT to the CROWN of GREAT BRITAIN.

I

ment of the the crown of

A. B. do truely and fincerely acknowledge, profefs, teftify, and Acknowledgedeclare in my conscience, before God and the world, that our King's right to Sovereign Great Britain.

Declaration against the pre

the crown;

Sovereign Lord King George is the rightful King of this realm, and all other his Majefty's dominions thereunto belonging.

And I do folemnly and fincerely declare, that I do believe in my tender's title to confcience, that the perfon pretended to be Prince of Wales, during the life of the late King James, and fince his decease pretending to be, and taking upon himself the style and title of, King of England, by the name of James the Third, or of Scotland, by the name of James the Fifth, or the style and title of King of Great Britain, hath not any right or title whatsoever to the crown of this realm, and renunciation or any other the dominions thereto belonging: and I do renounce, or obedience to refufe, and abjure any allegiance or obedience to him.

of all allegiance

him.

Promife to de

against all

fpiracies:

And I do fwear, that I will bear faith and true allegiance to his fen the King Majefty King George, and him will defend, to the utmoft of my traitorous con- power, against all traitorous confpiracies and attempts whatsoever, which fhall be made against his perfon, crown, or dignity. And and to difclofe I will do my utmost endeavour to disclose and make known to his confpiracies. Majefty, and his fucceffors, all treafons and traitorous confpiracies which I fhall know to be against him, or any of them.

to him all fuch

Promise to

. maintain the

crown, accord

And I do faithfully promife, to the utmost of my power, to Proteftant fuc- fupport, maintain, and defend the fucceffion of the crown against ceffion to the him the faid James, and all other perfons whatsoever, which ing to the act of fucceffion, by an act, intituled, "An Act for the further limitation "of the crown and better fecuring the rights and liberties of the fubjects," is and stands limited to the Princess Sophia, electoress and dutchefs dowager of Hanover, and the heirs of her body, being Proteftants.

fettlement.

Sincerity of all thefe declara

tions and pro

to the plain

66

And all these things I do plainly and fincerely acknowledge and fwear, according to these express words by me spoken, and according mifes according to the plain and common fenfe and understanding of the fame words, meaning of the Without any equivocation, mental evafion, or fecret refervation words in which whatsoever. And I do make this recognition, acknowledgement, abjuration, renunciation, and promife, heartily, willingly, and truly, upon the true faith of a Chriftian.

they are expreised.

So help me GO D.

The

« PreviousContinue »