p. 756 JOINT
COMMISSIONS AND INSTRUCTIONS TO THE GOVERNORS OF QUEBEC (AND LOWER CANADA).
COMMISSION, PASSED UNDER THE GREAT SEAL OF GREAT BRITAIN, APPOINTING JAMES MURRAY
TO BE CAPTAIN-GENERAL AND GOVERNOR IN CHIEF OF THE PPROVINCE OF QUEBEC1.
GEORGE THE THIRD by the grace of God of Great Britain France and Ireland King Defender of the Faith and so forth; To our Trusty and well beloved James Murray Esquire, Greeting.
We, reposing especial trust and Confidence in the prudence, Courage and loyalty of you the said James Murray, of our especial grace, Certain Knowledge and meer motion, have thought fit to Constitute and appoint, and by these presents do Constitute and appoint you, the said James Murray to be our Captain General and Governor in Chief in and over our Province of Quebec and America.
Bounded on the Labrador Coast by the River Saint John, and from thence by a line drawn from the head of that River through the lake Saint John to the south end of Lake Nepissin, from whence the said line Crossing the River Saint Lawrence and the lake Champlain in Forty five Degrees of Northern Latitude, passes along the high lands which Divide the Rivers that empty themselves into the said Rivers Saint Lawrence from those which fall into the sea, and also along the north Coast of the Bay des Chaleurs and the Coast of the Gulfts of Saint Laurence to Cape Rosieres, and from thence, Crossing the mouth of the River Saint Lawrence by the west end of the Island of Anticosty terminates at the aforesaid River Saint John.
Together with all the Rights members, and appurtenances whatsoever thereunto belonging.
And we, do hereby require and Command you to do and execute all things in due manner that shall belong to your said Command and the Trust we have reposed in you, according to the several powers and Directions granted
1 Copied from the Register of Commissions in the office of the Secretary of State, Canada.
or appointed You by this present Commission and the instructions and authorities herewith given unto you, Or by such other powers instructions or authorities as shall at any time hereafter be granted or appointed under our Signet and Sign Manual, or by our Order in our Privy Council, and according to such reasonable laws and statutes as shall hereafter be made and agreed upon by you with the advice and Consent of the Council and Assembly of our said Province under your Government, in such manner and form as is herein after expressed.
And our will and pleasure is that You the said James Murray do after the publication of these our Letters patent, and after the appointment of our Council for our said province in such manner and form as prescribed in the instructions which you will herewith receive, in the first place take the oaths appointed to be taken by an act passed in the first Year of the Reign of King George the First Intituled (an act for the further security of His Majesty's Person and Government, 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 open and secret abettors) as also that you make and subscribe the Declaration mentioned in an act of Parliament made in the twenty-fifth Year of the Reign of King Charles the Second Intituled (an act for preventing Damages which may happen from Popish recusants) and likewise that you take the oath usually taken by our Governors in other Colonies for the due execution of the Office & Trust of our Captain General and Governor in Chief in and over our said province, and for the due & impartial administration of justice; and further that you take the oath required to be taken by Governors of the Plantations be duly observed: which said oaths and Declarations our Council of our said Province or any three of the members thereof, have hereby full power and authority, and are hereby required to tender and administer to You. —
All which being duly performed you shall yourself administer to each of the members of our said Council, and to the Lieutenant Governors of Montreal & Trois Riviéres the said Oaths, mentioned in the said Act Intitled (an act for the further Security of His Majesty's person & Government 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 open and secret abettors) and also Cause them to make and subscribe the aforementioned Declaration, and also shall administer unto them the usual Oaths, for the due execution of their places and trust.
And We do further give and grant unto you the said James Murray full power and authority from time to time, and at any time hereafter by Yourself, or by any other to be authorized by you in this behalf, to administer and give the Oaths mentioned in the said act (for the further security of His Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia of Wales and his open and secret abettors) to all and every such person and persons as you shall thing fit, who shall at
any time or times pass into our said Province or shall be resident or abiding there.
And we do hereby authorize and Impower you to keep and use the Publick seal, which will herewith be delivered to you, or shall be hereafter sent to you, for sealing all things whatsoever that shall pass the Great seal of our said Province
And we, do hereby give and grant unto you the said James Murray full power and authority with the advice and Consent of our said Council to be appointed as aforesaid, so soon as the Situation and circumstances of our said Province under your Government will admit thereof, and when & as often as need shall require, to summon and call General Assemblies of the Freeholders and Planters, within your Government, in such manner as you in your Direction shall judge most proper, or according to such further powers, Instructions, and authorities as shall be at any time hereafter granted or appointed you under our Signet and Sign Manual, or by our Order in Our Privy Council.
And our will and pleasure is, That the persons thereupon duly Elected by the Major Part of the Freeholders of the respective parishes, or precincts, and so returned, shall before their sitting take the oath mentioned in the said act intitled (an act for the Further security of his Majesty's person & Government 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 open and secret abettors) as also make and subscribe the forementioned declaration: Which oaths & declaration you shall Commissionate fit persons under the publick seal of that our province, to tender and administer unto them and untill the same shall be so taken and subscribed, no person shall be Capable of sitting though Elected.
And we do hereby declare that the persons so Elected & Qualified shall be called the Assembly of that our province of Quebec; and that you the said James Murray, by & with the advice and Consent of our said Council and Assembly, or the major part of them, shall have full power & authority, to make, Constitute or Ordain, Laws Statutes & ordinances for the publick peace, Welfare, & good Government of our said province, and of the people and Inhabitants thereof, and such others as shall resort thereunto and for the benefit of us our heirs & successors: which said Laws Statutes and Ordinances are not to be repugnant, but as near as may be agreeable, to the laws & Statutes of this our Kingdom of Great Britain.
Provided that all such Laws Statutes and Ordinances of what nature or Duration soever they shall be within three months or sooner after the making thereof, Transmitted to us, under our seal of our said province for our approbation or disallowance of the same, as also duplicates thereof by the next Conveyance. —
And in Case any, or all of the said Laws Statutes and Ordinances not before Confirmed by us, shall at any time be disallowed and not approved, and so signified by us, our Heirs, and Successors, under our, or their Signet and sign Manual, or by order of our, or their privy Council, unto you the said James Murray or to the Commander in Chief of our said Province for the time
being; Then such and so many of the said Laws, Statutes, and Ordinances, as shall be so disallowed, and not approved, shall from thence forth cease determine and become utterly void and of no effect, anything to the contrary thereof notwithstanding.
And to the end that nothing may be passed or done by our said Council or Assembly, to the prejudice of us, our Heirs and Successors, We will and ordain that you the said James Murray, shall have, and enjoy a Negative Voice in the making and passing all laws, Statutes and ordinances as aforesaid; and that you shall and may likewise from time to time, as you shall judge necessary, adjourn, prorogue or dissolve all General assemblies as aforesaid.
And We, do by these presents give and grant unto you, the said James Murray, fully power and authority, with the advice & Consent of our said Council, to Erect, Constitute and Establish, such and so many Courts of Judicature and publick Justice within our said province in under your Government as you & they shall think fit and necessary, for the hearing & determining of all causes as well Criminal as Civil according to Law and Equity and for awarding execution thereupon, with all reasonable & necessary powers, authorities, Fees, and priviledges belonging thereunto; as also to appoint and commissionate fit persons in the several parts of your Government to administer the oats mentions in the aforesaid act Intitled (an act for the further security of His Majesty's person & Government, 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 open and secret abettors) as also to Tender & administer the aforesaid declaration to such persons belonging to the said Courts as shall be obliged to take the same.
And We do hereby grant unto you full power and authority to constitute and appoint judges, and in Cases requisite Commissioners of Oyer & Terminer, Justices of the peace, Sherriffs and other necessary Officers and ministers in our said Province for the better administration of Justice, and putting the Laws in Execution; and to administer or cause to be administered unto them such oath or Oaths as are usually given for the due Execution and performance of Offices & places and for clearing the truth in Judicial Causes.
And We do hereby give and grant unto you full power and authority, when you shall see cause, or shall 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 such offenders and remit all such offences, Fines and Forfeitures; Treason and Willful murder only excepted; In which cases you shall likewise have power upon Exterordinary Occasions to Grant Reprives to the offenders untill and to the intent our Royal pleasure may be Known therein.
And We do by these presents Give and Grant unto you full power and authority to Collate any person or persons to any Churches, Chappels, or other Ecclesiastical Benefices within our said province, as often as any of them shall happen to be void.
And We do hereby give and grant unto you, the said James Murray, by yourself, or by your Captains and Commanders by you to be authorized, full power & Authority to Levy, Arm, Muster Command, and Employ all
persons whatsoever, residing within our said province, and as occasion shall serve them to march, Embark, or Transport, from one place to another for the resisting and withstanding of all enemies, pirates, & Rebels both at land and sea: and to Transport such Forces to any of our Plantations in America, if necessity shall require for Defence of the same against the invasion or attempts of any of our Enemies; and such Enemies, pirates & Rebels, if there should be occasion, to pursue and prosecute in or out of the limits of our said province; and if it shall so please God, them to vanquish, apprehend and take; and being taken, according to law to put to death, or Keep and preserve alive, at your discretion: and to execute Martial Law in time of Invasion, 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 & Governor in Chief doth, or of right ought to belong.
And We do hereby give and grant unto you full power and authority, by and with the advice and Consent of our said Council, to Erect, Raise, and build in our said province, such and so many Forts, Platforms, Castles, Cities, Borroughs, Towns, and Fortifications, as you, by the advice aforesaid, shall judge necessary: and the same or any of them, to Fortify and Furnish with Ordnance, ammunition, and all sorts of arms, fit and necessary for the security & defence of our said province: And by the advice aforesaid, the same again or any of them, to Demolish or Dismantle as may be most Convenient, —
And for as much as divers Mutinies & Disorders may happen by persons Shipped and Employed at sea during the time of War: And to the end, that such as shall be shipped and Employed at sea during the time of War may be better governed and ordered: We hereby give and grant unto you the said James Murray, full power and authority to Constitute and appoint Captains, Lieutenants, Masters of Ships, and other Commanders & officers, Commissions to execute the Law Martial during the time of War, according to the Directions intitled (an act for amending Explaining and Reducing into an act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea) and to use such proceedings, authorities, punishments, mutinous, Seditious, Disorderly, or any way unruly either at Sea or during the time of their abode or residence in any of the ports, Harbours, or Bays in our said Province, as the Case shall be found to require, according to Martial Law and the said Directions during the time of War as aforesaid. —
Provided that nothing herein Contained shall be Construed to the enabling you, or any by your authority, to hold plea, or have any Jurisdiction, or any offence, Cause, matter or thing, Committed or done, upon the High sea, or within any of the havens, Rivers, or Creeks of our said province, under Your Government, by any Captain, Commander, Lieutenant, Master, Officer, Seaman, Soldier, or person Whatsoever, who shall be in actual service and pay, in or on board any of our ships of War, or other vessels, acting by immediate Commission or Warrant from our Commissioners for executing the office of High Admiral of Great Britain, or from our High Admiral of Great Britain for the time being; under the seal of our Admiralty. But that such Captain,