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to Erect Constitute and Establish such and so many Courts of Judicature and publick Justice within Our said Province under your Government as you and they shall think fit and necessary for the hearing and determining of all Causes as well Criminal as Civil and for Awarding Execution thereupon with all reasonable and necessary powers Authorities ffees and privileges belonging thereunto as also to Appoint and Commissionate fit persons in the several parts of Your Government to Administer the Oaths mentioned in the aforesaid Acts [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) And (An Act for altering the Oath of Abjuration and the Assurance and for the amending so 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 limited requires the delivery of Certain Lists and Copies therein mentioned to persons Indicted of High Treason or Misprision of Treason) [and the Oaths mentioned in the said Act made and passed in the ffourteenth Year of Our Reign Intituled (An Act for making more Effectual provision for the Government of the province of Quebeck in North America)]] as also to tender and Administer the aforesaid Declaration to such persons belonging to the said Courts as shall respectively * obliged to take the same And Wee do hereby grant unto You full power and Authority to Constitute and Appoint Judges 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 [an Oath or Oaths] for the due Execution and performance of their Offices and places respectively* And Wee do hereby give and grant unto you full power and Authority where you shall see cause or shall judge any Offender or Offenders condemned in Criminal matters or in any*ffines or fforfeitures due unto us fit Objects of Our Mercy to pardon all such Offenders and remit all such Offences ffines and fforfeitures Treason and Wilful Murder only Excepted in which Cases you shall likewise have power upon Extraordinary Occasions to grant reprieves to the Offenders untill and to the intent Our Royal pleasure may be known therein And Wee do by these presents give and grant unto you full power and Authority to Collate any person or persons to any Churches Chapels or other Ecclesiastical Benefices within our said province as often as any of them shall happen to be void And Wee do hereby give and grant unto you Guy Carleton by yourself or * your Captains and Commanders by you to be Authorized full power and 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 and 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 pirates or Rebels and such Enemies pirates and Rebels if there shall be occasion to pursue and prosecute
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in or out of the Limits of Our said provinces and if it shall so please God them to Vanquish Apprehend and take and being taken according to Law to putt to Death or keep or * 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 and Governor in Chief doth or of Right Ought to belong And Wee 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 fforts platforms Castles Cities Boroughs Towns and ffortifications as you by the Advice aforeaid shall Judge necessary and the same or any of them to ffortify and furnish with Ordnance Ammunition and all sorts of Arms fit and necessary for the Security and 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 forasmuch as divers Mutinies and 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 Wee do hereby give and grant unto you the said Guy Carleton full power and Authority to Constitute and Appoint Captains Lieutenants Masters of Ships and other Commanders and Officers and to grant to such Captains Lieutenants Masters of Ships and other Commanders and Officers Commissions to Execute the Law Martial during the time of War according to the directions of An Act passed in the Twenty second 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 Majestys Ships Vessels and fforces by Sea) and to Use such proceedings Authorities punishments Corrections and Executions upon any Offender or Offenders who shall be 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 of 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 Our 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 Commander Lieutenant Master Officer Seaman Soldier or other persons so Offending shall be left to be proceeded against and Tried as their Offences shall require either by Commission under our Great Seal of this Kingdom as the Statute of the Twenty Eighth of Henry the Eighth directs or by Commission from our said Commissioners for Executing the
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Office of High Admiral of Great Britain or from Our High Admiral of Great Britain for the time being according to the aforementioned Act Intituled (An Act for amending explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty's Ships Vessels and fforces by Sea) and not otherwise provided Nevertheless that all Disorders and Misdemeanours Committed on Shore by any Captain Commander Lieutenant Master Officer Seaman Soldier or other person whatsoever belonging to 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 Admirall of Great Britain for the time being under the Seal of Our Admiralty may be Tryed and punished according to the Law of the place where any such disorders Offences and Misdemeanours shall be Committed on Shore notwithstanding such Offender be in Our Actual Service and borne in our Pay on Board any such 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 as aforesaid So as he shall not receive any protection for the Avoiding of Justice for such Offences Co itted on Shore from any pretence of his being employed in our Service at Sea And Our further Will and pleasure is that all publick Monies granted and raised for the publick Uses of Our said province be issued out by Warrant from You by and with the Advice and Consent of Our Council as aforesaid for the Support of the Government and not otherwise And Wee likewise give and grant unto You full power and Authority by and with the Advice and Consent of Our said Council to Settle and Agree with the Inhabitants of Our said province for such Lands Tenements and Hereditaments as now are or hereafter shall be in Our power to dispose of and them to grant to any person or persons upon such Terms and under such Moderate Quit Rents Services and Acknowledgements to be thereupon reserved unto us as You with the Advice aforesaid shall think fit * which said Grants are to pass and be Sealed by * our publick Seal of Our said province and being entered upon Record by such Officer or Officers as shall be Appointed thereunto shall be good and effectual in Law against Us Our Heirs and Successors* And Wee do hereby give you the said Guy Carleton full power and Authority to Order and Appoint ffairs Marts and Markets as also such and so many ports Harbours Bays Havens and other places for the Conveniency and Security of Shipping and for the better Loading and Unloading of Goods and Merchandizes in such and so many*places as by You with the Advice and Consent of Our said Council shall be thought fit and necessary And Wee do hereby require and Command all Officers and Ministers Civil and Military and all other Inhabitants of Our said province to be Obedient Aiding and Assisting unto You the said Guy Carleton in the Execution of this Our Commission and of the powers and Authorities therein contained And in Case of Your Death or absence from Our said province and Government to be Obedient Aiding and Assisting as aforesaid to the Lieutenant Governor or Commander in Chief for the time being to whom Wee do therefore by these presents Give and Grant all and singular the powers
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and Authorities herein granted to be by him Executed and enjoyed during Our pleasure or until Your Arrival within Our said province And if upon Your Death or absence out of our said province there be no person upon the place Commissionated or Appointed by Us to be Lieutenatnt Governor or Commander in Chief of Our said province Our Will and pleasure is that the Eldest Councillor being a Natural born Subject of Great Britain Ireland or* the plantations and professing the Protestant Religion who shall be at the time of Your Death or Absence residing within our said Province shall take upon him the Administration of the Government and Execute Our said Commission and Instructions and the several powers and Authorities therein Contained in the same manner and to all intents and purposes as other our Governor or Commander in Chief should or Ought to do in Case of your Absence untill your Return or in all Cases untill Our further pleasure be known therein* And Wee do hereby declare Ordain and Appoint that you the said Guy Carleton shall and may hold Execute and enjoy the Office and place of Our Captain General and Governor in Chief in and over our said province of Quebeck and all the Territories dependant thereon with all and singular the powers and Authorities hereby granted unto You for and during Our Will and pleasure In Witness etc.—Witness Our self at Westminster the Twenty seventh day of December in the fifteenth Year of Our Reign—
By Writ of Privy Seal
(Patent roll 29 April 16 Geo. III., Part 4, Nº 17, contains Carleton's Commission as Commander in Chief and revokes that to Gage.)
Patent roll 17 Geo. III., Part 5, Nº 6, contains Haldimand's Commission as Governor of the Province of Quebec, &c., dated 18th September, 1777. This Commission is in the same terms as Carleton's of 27 Decr 1774,—certain omissions and additions are noted in the margin.
Haldimand's Commission as Commander in Chief (Pat. 17, Geo. III., Part 5, Nº 5 (18 Septr, 1777) revokes Carleton's of 29 April, 1776.
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