SESSIONAL PAPER No. 18 The Governor shall have a negative voice against both Council and Assembly sent of the Council to Erect Courts of Judicature 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 power with the Con- James Murray, full 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 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 ate fit persons to ad appoint and commissionate fit persons in the several parts of your minister the Oaths ap- Government to administer the oaths mentioned in the aforesaid act pointed by Stat : 1. Intitled (an act for the further security of His Majesty's person & Geo: I, & the declaration agt popery to Government, and the succession of the Crown in the Heirs of the late persons belonging to 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. power to Commission such Courts Power to appoint Judges, CommissTMs of Oyer & Terminer, Justices of the peace, Sherriffs & other officers of Justice power to pardon Crime 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, Ecclesiastical Beni-Chappels, or other Ecclesiastical Benefices within our said province, as often as any of them shall happen to be void. power of Collating to fices And We do hereby give and grant unt you, the said James Murray, by yourself, or by your Captains and Commanders by you to be authpower to levy Troops orized, full power & Authority to Levy, Arm, Muster Command, and Employ them against Enemies pirates & Rebels, and Employ all persons whatsoever, residing within our said province, and as occasion shall serve them to march Enbark, 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 War : 6-7 EDWARD VII., A. 1907 And to execute Mar- our said province; and if it shall so please God, them to vanquish, 'tial Law in time of 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 authpower with the Con- ority, by and with the advice and Consent of our said Council, to sent of the Council, to build Forts & Castles And to Fortify & power in time of War, to appoint Captains and other Officers of ships, and to grant to execute the Law Martial according to the Stat : 22 Geo: 2. them Commissions This shall not affect any seamen or other persons on board ships Commissioned by the Admiralty, when they Commit River, Creek or 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 of an act passed in the Twenty Second year of our late Royal Grand Father, 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, Corrections and Executions upon every 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 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, Comoffences either on the mander, Lieutenant, Master, Officer, Seaman, Soldier, or person High Sea, or in any 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, Commander, Lieutenant, Master, Officer, Seaman, or Soldier, or other person, 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 eight of Henry the Eight directs, or by Commission from our said Commissioners for Executing the Office of High Admiral of Great Britain, or from our High Admiral of Great Britain for the time being according to the aforementioned Act Intitled (an act for amending, exaccording to the Stat. plaining and reducing into one act of parliament, the Laws relating 28 Hen 8; or by Commission from the to the Government of His Majesty's Ships, Vessels, and Forces by admiralty according Sea) and not otherwise.— But these persons shall be tried either by Commissions under the Great seal of Great Britain, to the Stat 22 Geo. 2 SESSIONAL PAFER No. 18 mitted on Shore, Provided Nevertheless that all disorders and misdemeanors ComBut for offences Committed on shore by any Captain, Commander, Lieutenant, Master, Officer, Seaman, Soldier, or other persons whatsoever belonging to any these persons shall be of our Ships of War, or other Vessels acting by immediate Commission tried & punished according to the laws or Warrant from our Commissioners for executing the Office of High of the place where the Admiral of Great Britain, or from our High admiral of Great Britain offence shall be com- for the time being; under the seal of our admiralty, may be Tried mitted. power with the Consent of the Council to dispose of publick money for the support of the Govern ment. power with the Consent of the Council to grant lands. and punished, according to the laws of the place where any such disorders, offences, and misdemeanors shall be Committed on shore, notwithstanding such offender be in our actual service, and Born 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 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 offence Committed on shore from any pretence of his being employed in our service at sea. And our Further will & pleasure is that all publick monies raised, or which shall be raised, by any act hereafter to be made within our said province, be issued out by Warrants from you, by and with the advice & Consent of our Council as aforesaid for the support of the Government & not otherwise.- And We likewise give and grant unto you full power and authority, by and with the advice & 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, seal, and to be regis. shall be good and effectual in the Law against us, our Heirs and The grants to be under the Pubilck tered. These grants must And these Instruc- Council, to appoint fairs & markets, harbours & wharfs. All officers Civil & military, and all other inhabitants of the province, are to be aiding and assisting to the Governor in the execution of his Commission & in case of the death or absence of the 18-3-91 Successors. Provided the same be conformable to the Instructions herewith delivered to you, or to such other instructions as may hereafter be sent to you under our Signet & Sign Manual, or by our order in our Privy Council, Which instructions, or any articles Contained therein, or any such order made in our Privy Council, so far as the same shall relate to the Granting of Lands as aforesaid, shall from time to time be published in the province and Entered of record, in like manner as the Said Grants themselves are hereby Directed to be entered. & And We do hereby give you the said James Murray full power authority to order Fairs, Marts, & Markets, and also such and so many Ports, Harbours, Bays, Havens, and other places for the conveniency and Security of shipping, and for the better loading & unloading of goods & Merchandizes, in such and so many places as, by and with the advice and Consent of our said Council, shall be thought fit and necessary. And We do hereby require & Command all Officers and Ministers Civil & Military, and all other inhabitants of our said Province, to be obedient, aiding, and assisting unto you, the said James Murray in the Execution of this our Commission, and of the powers & Authorities therein Contained, and in Case of your Death or Absence from our said province & Government, to be obedient, aiding and assisting as aforesaid to the Commander in Chief for the time being, to whom we do therefore by these presents, give and grant all and 6-7 EDWARD VII., A. 1907 Governor, to the singular the powers and Authorities herein Granted, to be by him Commander in Chief Executed & Enjoyed during our pleasure or untill your Arrival for the time being. Who shall be commander in Chief of the Province in case of the death or absence of the Governor. This Office of Captain General and Governor in Chief to be held only during the Kings pleasure. within our said province. And in Case of your Death or absence from our said province, our will and pleasure is, that our Lieutenant Governor of Montreal or Trois Rivières, According to the priority of their Commissions of Lieutenant Governors, do Execute our said Commission with all the powers and authorities therein mentioned as aforesaid, and in Case of the Death or absence of our Lieutenant Governor of Montreal and Trois Riviéres from our said province, and that there shall be no person within our said province appointed by us to be Lieutenant, Governor or Commander in Chief of our said province, Our Will and pleasure is, that the Eldest Counsellor, 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 to all intents and purposes, as other our Governor or Commander in Chief should or ought to do in Case of your Absence, or untill your Return, or in all Cases untill our further pleasure be Known therein. And we do hereby declare, ordain and appoint, that you the said James Murray, shall and may hold Execute and Enjoy the Office & place of our Captain General, and Governor in Chief in and over our said Province of Quebec, and all the Territories depending thereon, with all and singular the powers and authorities hereby Granted unto you, for & during our will and pleasure. In Witness Whereof, We have Caused these our Letters to be made patent, Witness our Self at Westminister the Twenty first Day of November, in the fourth Year of our Reign. Recorded at the Treasury Chambers Whitehall the 28th Day of November 1763 (Signed) T. TOMKYNS Recorded in the Registry Office in Quebec the 7th Day of June 1766 (Signed) J. GOLDFRAP D. Regi GEORGE R. [L.S.] INSTRUCTIONS TO GOVERNOR MURRAY.1 Instructions to Our Trusty and Wellbeloved JAMES MURRAY, Esq.', Our Captain General and Governor in Chief in and over Our Province of Quebec in America, and of all Our Territories dependent thereupon. Given at Our Court at St James's the Seventh Day of December 1763 in the Fourth Year of Our Reign. 1. With these Our Instructions You will receive Our Commission under Our Great Seal of Great Britain, constituting You Our Captain General and Governor in Chief in and over Our Province of Quebec in America, bounded on the Labrador Coast by the River St John, and from thence by a Line drawn from the Head of that River through the Lake S John to the South End of the Lake Nipissin; from whence the said Line crossing the River St Lawrence and the Lake Champlain in forty five 1 Copy from Public Record Office, Col. O. Plantations, 1763-1766: in Canadian Archives, M, 230, p. 1. CESSIONAL PAPER No. 18 Degrees of North Latitude, passes along the High Lands, which divide the Rivers that empty themselves into the said River St Lawrence, from those which fall into the Sea; and also along the North Coast of the Baye des Chaleurs and the Coast of the Gulph of St Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid River of St John: You are therefore to take upon You the Execution of the Office and Trust We have reposed in You, and the Administration of Government, and to do and execute all Things in due manner that shall belong to your Command, according to the several Powers and Authorities of Our said Commission under Our Great Seal of Great Britain, and these Our Instructions to You, or according to such further Powers and Instructions as shall at any Time hereafter be granted or appointed You under Our Signet and Sign Manual, or by Our Order in Our Privy Council. 1 2. And You are, with all due Solemnity, to cause Our said Commission to be published at Quebec, which We do appoint to be the Place of your Residence and the principal Seat of Government, in the Districts of Montreal and Trois Rivieres, and in such other parts of your Government as You shall think necessary and expedient, as soon as possible; which being done, You are in the next place to nominate and establish a Council for Our said Province, to assist You in the Administration of Government, which Council is, for the present, to be composed of the Persons, whom We have appointed to be Our Lieutenant Governors of Montreal and Trois Rivieres, Our Chief Justice of Our said Province, and the Surveyor General of Our Customs in America for the Northern District, and Eight other Persons to be chosen by You from amongst the most considerable of the Inhabitants of, or Persons of Property in Our said Province; which Persons so nominated and appointed by You as aforesaid, (Five of which We do hereby appoint to be a Quorum), are to be Our Council for Our said Province, and to have and enjoy all the Powers, Privilege and Authority usually exercised and enjoyed by the Members of. Our Councils in Our other Plantations, and also such others as are contained in Our said Commission under Our Great Seal of Great Britain, and in these Our Instructions to You; and they shall meet together at such Time or Times, Place or Places, as You, in your Discretion, shall think necessary and expedient: It is nevertheless Our Will and Pleasure, that the said Chief Justice, or Surveyor General of Our Customs, shall not be capable of taking the Administration of the Government upon the Death or Absence of You Our Governor, or the Commander in Chief for the Time being. 3. And You are forthwith to call Our said Council together, or such of them as can be conveniently assembled, and to cause Our said Commission to You to be read at such Meeting; which being done, You shall then take yourself, and also administer to Our Lieutenant Governors respectively, and to the Members of Our said Council, the Oaths mentioned in an Act, passed in the first Year of the Reign of His Majesty 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 to make and subscribe, and cause them to 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 Dangers which may happen from Popish Recusants." And You and every one of Them are likewise to take an Oath for the due Execution of your and their Places and Trusts, with regard to your and their equal and impartial Administration of Justice;-and You are also to take the Oath required by an Act passed in the seventh and eighth Years of the Reign of King William the Third to be taken by Governors of Plantations, to do their utmost that the Laws relating to the Plantations be observed 4. And You are forthwith to transmit unto Our Commissioners for Trade and Plantations, in order to be laid before Us for Our Approbation or Disallowance, the Names of the Members of the Council so to be appointed by You, as aforesaid; as also a List of the Names and Characters of Eight other Persons in Our said Provir ce, whom You judge properly qualified to serve in that Station; to the End that, if any of |