crown in the heirs of the late Princess Sophia, being Proteftants, "and for extinguishing the hopes of the pretended Prince of "Wales, and his open and fecret abettors;" and also cause them to make and fubfcribe the afore-mentioned declaration, and alfo fhall adminifter unto them the usual oaths for the due execution of their places and trust.

minister, or to

to adminifter, to

And we do further give and grant unto you, the faid James Murray, Power to adfull power and authority from time to time and at any time here- authorize others after, by yourself, or by any other to be authorized by you in this any perfon in behalf, to adminifter and give the oaths mentioned in the faid act the province the "for the further fecurity of his Majefty's perfon and government, by stat, i Geo. I. "and the 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," to all and every such person 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.

oaths appointed

and use the

public feal.

And we do hereby authorize and impower you to keep and ufe Power to keep the public feal which will herewith be delivered to you, or fhall be hereafter fent to you, for fealing all things whatsoever that shall pass the great feal of our province.

And we do hereby give and grant unto you, the faid James Murray, full power and authority, with the advice and confent of our faid council to be appointed as aforefaid, fo foon as the fituation and circumstances of our faid province under your government will admit thereof, and when and as often as need fhall require, to fummon and call general affemblies of the freeholders and planters. within your government, in fuch manner as you in your difcretion. shall judge moft proper; or according to fuch further powers, inftructions, and authorities as fhall be at any time hereafter granted or appointed you under our fignet or fign manual, or by our order. in our privy council..

Power to call in fembly of the

freeholders.

of fuch affembly:

And our will and pleasure is, that the perfon thereupon duly The members elected by the major part of the freeholders of the refpective shall take the parishes or precincts, and fo returned, fhall, before their fitting, take oaths appointed: the oaths mentioned in the faid act, intituled, "An Act for the

by ftat. i Geo.I..

66

"further fecurity of his Majefty's perfon and government, and "the fucceffion of the crown in the heirs of the late Princess Sophia, being Proteftants, and for extinguishing the hopes of "the pretended Prince of Wales, and his open and fecret abettors;" and the declara- as alfo make and fubfcribe the fore-mentioned declaration; which tion against tranfubftantia oaths and declaration you fhall commiffionate fit perfons under the public feal of that our province to tender and adminifter unto them; and, until the fame fhall be fo taken and subscribed, no perfon fhall be capable of fitting, though elected.

tion.

laws,

And we do hereby declare, that the perfons fo elected and qualified shall be called The affembly of that our province of Quebec; Power to make and that you, the faid James Murray, by and with the advice and confent of our faid council and affembly, or the major part of them, fhall have full power and authority to make, conftitute, and ordain, laws, ftatutes, and ordinances, for the public peace, welfare, and good government of our faid province, and of the people and inhabitants thereof, and fuch others as shall resort thereunto, and for the benefit of us, our heirs and fucceffors; which not repugnant faid laws, ftatutes, and ordinances are not to be repugnant, but, as Great Britain. near as may be, agreeable to the laws and ftatutes of this our kingdom of Great Britain.

to the laws of

The laws fo made to be

Provided that all fuch laws, ftatutes, and ordinances, of what tranfmitted to nature or duration foever they be, fhall be, within three months, or fooner, after the making thereof, tranfmitted to us, under our feal of our faid province, for our approbation or difallowance of the fame, as alfo duplicates thereof, by the next conveyance.

England within three months.

If difallowed by

the King, they

become void.

And in cafe any, or all, of the said laws, ftatutes, and ordinances, fhall thenceforth not before confirmed by us, shall at any time be difallowed and not approved, and fo fignified by us, our heirs and fucceffors, under our, or their, fignet and fign manual, or by order of our, or their, privy council, unto you, the faid James Murray, or to the commander in chief of our faid province for the time being, then fuch and fo many of the faid laws, ftatutes, and ordinances as fhall be fo difallowed and not approved, fhall from thenceforth ceafe, determine, and become utterly void and of no effect; any thing to the contrary thereof notwithstanding.

And

fhall have a

negative voice

council and af

And to the end that nothing may be paffed or done by our faid The governour council or affembly to the prejudice of us, our heirs and fucceffors, we will and ordain that you the faid James Murray fhall have against both and enjoy a negative voice in the making and paffing all laws, fembly. ftatutes, and ordinances as aforefaid; and that you shall and may likewise from time to time, as you fhall judge neceffary, adjourn, prorogue, or diffolve all general aflemblies as aforefaid.

confent of the

cature.

And we do by these presents give and grant unto you the faid Power, with the James Murray full power and authority, with the advice and confent council, to erect of our faid council, to erect, conftitute, and establish such and fo courts of judi many courts of judicature and public juftice within our faid province under your government as you and they fhall think fit and neceffary, for the hearing and determining of all causes, as well criminal as civil, according to law and equity, and for awarding. execution thereupon, with all reasonable and neceffary powers, authorities, fees, and privileges belonging thereto; as alfo to ap- Power to compoint and commiffionate fit perfons in the feveral parts of your perfons to adgovernment to adininifter the oaths mentioned in the aforefaid act, intituled, “An act for the further fecurity of his Majefty's perfon by ftat. 1 Geo. I. "and government, and the fucceffion of the crown in the heirs of tion against the late Princefs Sophia, being Proteftants, and extinguishing fons belonging "the hopes of the pretended Prince of Wales, and his open and to fuch courts. "fecret abettors;" 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.

missionate fit

minifter the

and the declara

Popery, to per

point judges,

miner, justices

And we do hereby grant unto you full power and authority to Power to apconftitute and appoint judges, and, in cafes requifite, commiffioners commiffioners of oyer and terminer, juftices of the peace, and other neceffary of over and cer officers and minifters, in our faid province, for the better ad- of the peace, ministration of juftice and putting the laws in execution; and to other officers of adminifter, or caufe to be adminiftered, unto them fuch oath or justice. oaths as are usually given for the due execution and performance of offices and places, and for clearing the truth in judicial causes.

fheriffs, and

don criminals.

And we do hereby give and grant unto you full power and Power to parauthority when you fhall fee caufe, or fhall judge any 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

Power of collating to ecclefi

remit all fuch offences, fines, and forfeitures, treafon and wilful murder only excepted; in which cafes you fhall likewise have power, upon extraordinary occafions, to grant reprieves to the offenders until, and to the intent that, our royal pleasure may be known therein.

And we do by these presents give and grant unto you full power aftical benefices. and authority to collate any perfon or perfons to any churches, chapels, or other ecclefiaftical benefices within our faid province, as often as any of them fhall happen to be void.

Power to levy troops, and einploy them a

pirates, and

rebels ;

;

And we do hereby give and grant unto you, the faid James Murray, by yourself, or by your captains and commanders by you to be guint enemies, authorized, full power and authority to levy, arm, mufter, command, and employ all perfons whatfoever refiding within our faid province; and, as occafion fhall serve, them to march, embark, or tranfport, from one place to another, for the refifting and withftanding of all enemies, pirates, and rebels, both at land and fea and to transport fuch forces to any of our plantations in America, if neceffity hall require, for the defence of the fame against the invafion or attempts of any of our enemies; and fuch enemies, pirates, and rebels, if there fhould be occafion, to purfue and profecute in or out of the limits of our faid province; and, if it fhall fo please God, them to vanquish, apprehend, and take; and, being taken, according to law to put to death, or keep and preand to execute ferve alive, at your difcretion; and to execute 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 Governour in Chief doth, or of right ought to belong.

martial law in time of war.

Power, with the confent of the

And we do hereby give and grant unto you full power and council, to build authority, by and with the advice and confent of our faid council, forts and cafiles; to erect, raife, and build in our faid province, fuch and fo many forts, platforms, caftles, cities, boroughs, towns, and fortifications and to fortify as you, by the advice aforefaid, fhall judge neceffary; and the fame, or any of them, to fortify and furnish with ordnance, ammunition, and all forts of arms fit and neceffary for the fecurity and defence of our faid province; and by the advice aforefaid, the

and furnish

them with arms, &c.

fame again, or any of them, to demolish or dismantle as may be and to demolis moft convenient.

or dismantle them.

of war to ap

cers of ships,

And forasmuch as divers mutinies and disorders may happen by perfons fhipped and employed at fea during the time of war, and to the end that fuch as fhall be shipped and employed at sea during the time of war may be better governed and ordered, we hereby Power in time give and grant unto you, the faid James Murray, full power and point captains authority to constitute and appoint captains, lieutenants, mafters of and other offi fhips, and other commanders and officers; and to grant to fuch and to grant captains, lieutenants, masters of fhips, and other commanders and fions to execute officers, commiffions to execute the law martial during the time of the law martial war, according to the directions of an act paffed in the twenty- at. 22 Gco. IE. fecond year of the reign of our late royal grandfather, intituled, "An Act for amending, explaining, and reducing into one act of

parliament the laws relating to the government of his Majesty's fhips, veffels, and forces by fea;" and to ufe fuch proceedings, authorities, punishments, corrections, and executions upon every offender or offenders who fhall be mutinous, feditious, diforderly, or any way unruly, either at fea or during the time of their abode or refidence in any of the ports, harbours, or bays in our faid province, as the cafe fhall be found to require, according to martial law and the said directions, during the time of war, as aforefaid.

them commif

according to the

the This fhall not any man or other perfo or com

affect any fea

or

on

mit offences

any river, creak,

Provided that nothing herein contained shall be conftrued to enabling you, or any by your authority, to hold plea, or have jurifdiction, of any offence, caufe, matter, or thing committed done upon the high fea, or within any of the havens, rivers, commiffioned by the admiralty creeks of our faid province under your government, by any captain, when they comcommander, lieutenant, mafter, officer, feaman, foldier, or perfon either on the whatsoever who shall be in actual fervice and pay in, or on board of, high fea, or is any of our fhips of war, or other veffel acting by immediate com- or haven. miffion 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, under the feal of our admiralty; but that fuch captain, commander, lieutenant, mafter, officer, But thefe per feaman, or foldier, or other perfon fo offending, fhall be left to be tried either by proceeded against and tried as their offences fhall require, either by commisions commiffion under our great feal of this kingdom, as the ftatute offal of Great

N 2

fons thali be

under the great

the Britain, accord