Royal Instructions to Thomas Carleton.
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Instructions to our Trusty and well beloved Thomas Carleton, Esqu'r, Our Captain General and Governor in Chief, in and over our Province of New Brunswick in America. Given at our Court of St. James's, the Eighteenth day of August, 1784, in the twenty-fourth Year of our Reign.
FIRST: 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 New Brunswick in America, you are therefore to fit yourself with all convenient speed to repair to which We do for the present1 appoint to be the place of your Residence in our said Province or New Brunswick, and being arrived there you are to take upon you the Execution of the office and Trust We have reposed in you, and the Administration of the Government. and to do and execute all things in due manner which shall belong your command, according to the several powers and Authorities of Our said Commission under our Great Seal or Great Britain, and these Our Instructions to you or according to such further Powers and Instructions as shall hereafter be granted, appointed or given you under Our Signet and sign Manual, or by our Order in Our privy Council.
Council2
2. And you are with all due solemnity to cause our said Commision to be published at 3 and such other parts of your Government as you shall think necessary and expedient, as soon as possible after your Arrival 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 following, viz:4 George Duncan Ludlow, Esq'r, Our Chief Justice of our said Province, and Beverley Robinson, James Putnam, Abijah Willard, Gabriel Ludlow, Isaac Allen, Joshua Upham, Edward Winslow, William Hazen, Daniel Bliss, Gilfred Studholme and Jonathan Odell, Esq'rs, and 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 whom we do hereby appoint to be a Quorum) are to be of our Council for our said Province, and to have and enjoy all the powers, Privileges, and Authorities usually exercised & 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 our said Council shall meet at such time and times, place and places, as you in your discretion shall think necessary and expedient, It is nevertheless our Will and Pleasure that the said Chief Justice shall not be capable of taking upon himself the administration of the Government, upon the Death or absence of you our Governor, or of the Commander in Chief of our said Province 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 cause our said Commission to be read at such meeting, which being done, you shall then take and also administer to each of the Members of Our said Council, the oaths mentioned in an Act passed in the first year of His late Majesty King George the First, intitled, "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 amd secret abettors," as altered and explained by an Act passed in the sixth year of Our Reign intitled, "An Act for altering the oath of Abjuration, and the Assurance, and for amending so much of an Act of the seventh year of Her late Majesty's Reign Queen Anne intitled, 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 Misprison of Treason," as also make and subscribe, and cause the Members of the said Council to make and subscribe the Declaration made in an act of Parliament, made in the Twenty-fifth Year of the Reign of King Charles Second intitled "An Act for Preventing dangers which may happen from Popish Recusants," and you and every 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 duly observed and you are forthwith to transmit unto us through one or our principal Secretaries of State the names of the Members of the Council to be appointed by you as aforesaid, as also a list of the names and Characters of other persons in our Said Province, whom you judge properly qualified to serve in that station, to the end that if any of the persons appointed by you as aforesaid shall not be approved and confirmed by Us under our Signet and Sign Manual, the place or places of such persons so disapproved may be forthwith supplied from the said List or otherwise as We shall think fit to direct.
Oaths of abjuration and supremacy in be administered to all persons appointed to places of trust or profit.
4. You shall also administer or cause to be administered the oaths appointed in the aforesaid recited Acts to all persons that shall he appointed to, and hold any office, Place of Trust or Profit in Our said Province, and you shall also cause them to make and subscribe the declaration mentioned in the aforesaid Act of the Twenty-fifth Year of the reign of king Charles the Second and also make and subscribe the declaration following, viz: "I, A. B. do promise and declare that I will maintain and defend to the utmost of my power the Authority of the King in his Parliament as the Supreme Legislature of this Province," without the doing of which you are not to admit any person whatsoever into any office nor suffer those that shall have been admitted to continue therein.
Names and Character of three persons to be transmitted in case of vacancy in the Council.
5. And that we may be always informed of the Names and Characters of persons fit to supply the Vacancies, which may happen in our said Council, you are in case of any vacancy to transmit to Us by one of our principal Secretaries of State the Names and Characters of Three Persons, Inhabitants of our said Colony, whom you shall esteem the best qualified for that Trust, and you are also to transmit a Duplicate of the said account to the Committee of Our Privy Council for Trade and Plantations for their Information.
To fill up vacancies in Council to the number of nine.
6. Whereas by Our Commission to you, you are empowered in case of the Death or absence of any of our Council of the said Province to fill up the vacancies in the said Council to the Number of nine, and no more; you are, from time to time, to send unto Us by one of Our principal Secretaries of State, the names and qualities of any Member or Members, by you put into the said Council, by the first conveyance after your so doing, and you are also to send a Duplicate of the said Account to the Committee of our privy Council for Trade and Plantations for their Information.
7. And in the choice and nomination of the Members of Our said Council as also of the chief Officers, Judges, Assistants, Justices of the peace and other officers of Justice, you are always to take care that they be Men of good Life, well affected to our Government, and of abilities suitable to their Employments.
8. You are neither to augment or diminish the number of Our said Council, as it is at present established, nor to suspend any of the Members thereof, without good and sufficient cause, nor without the consent of the Majority of our said Council signified in Council, after due examination of the charge against such Councillor and his answer thereunto; And in case of the suspension of any of them you are to cause your reasons for so doing, together with the Charges and proofs against the said person and their answers thereunto, to be duly entered upon the Council Books, and forthwith to transmit Copies thereof to Us, by One of our principal Secretaries of State, and also Duplicates to the Committee of Our Privy Council for Trade and Plantations for their Information; nevertheless if it should happen, that you have reasons for suspending any Councillor, not fit to be communicated to the Council, you may, in that case, suspend such person without their consent; But you are thereupon immediately to send to Us by one of Our principal Secretaries of State, an account of your proceedings therein, with your reasons at large for such suspension, as also for not communicating the same to the Council, and Duplicates thereof by the next opportunity, and you are also to transmit a Duplicate of such Account to the Committee of our privy Council for Trade and Plantations for their Information.
Councillors not to be absent above six months, without leave, in writing from the Governor.
9. And Whereas We are sensible, that effectual care ought to be taken to oblige the Members of our said Council to a due attendance therein, in order to prevent the many Inconveniences that may happen for want of a Quorum of the Council, to transact business as occasion may require; It is our Will and Pleasure that if any of our said Council residing in our said Province, shall hereafter wilfully absent themselves from the Province, and continue absent above the space of six Months together, without leave from you, or from the Commander in Chief of the said Province, for the time being, first obtained under your or his hand and seal, or shall remain absent for the space of one year without our leave given them under our Royal signature, their places in the said Council shall immediately thereupon become void; and that if any of the Members of Our Said Council, residing within Our said Province, shall wilfully absent themselves hereafter from the Council Board, when duly summoned, without a just and lawful cause, and shall persist therein, after admonition, you suspend the said Councillors absenting themselves, till our further pleasure be known, giving timely notice thereof to Us, by one of our principal Secretaries of State, and to the Committee of our privy Council for Trade and plantations for their Information; and We do hereby will and require you, that this Our Royal pleasure be signified to the the several Members of Our said Council, and that it is to be entered in the Council Books of the said province as a standing Rule.
10. And to the end that our Council may be assisting to you, or to the Commander in Chief of our s'd province for the time being, in all affairs relating to our service, you are to communicate to them such and so many of these our Instructions, wherein their advice and consent are mentioned to be requisite and likewise all such others from time to time, as you shall find convenient for our service to be imparted to them.
11. You are also to permit the Members of our said Council to have and enjoy freedom of Debate, and Vote, in all affairs of Public concern which may be Debated in Council.
Assembly to be called5.
12. And whereas it is directed by our Commission to you under our Great Seal, that as soon as the situation and circumstances of our said Province will admit thereof, you shall, with the advice of our Council, summon and call a General Assembly of the Freeholders in Our said Province in such numbers, and for such Districts and Parts thereof, as shall appear to form an equal Representation of the said Freeholders; you are therefore as soon as the more pressing affairs of Government will allow to give all possible attention to the carrying this important object into execution, but as it may he impracticable for the present to form such an Establishment, you are in the meantime to make such Rules and Regulations by the Advice of our said Council, as shall appear to be necessary for the Peace, order and good Government of Our said Province, taking care that nothing be passed or done, that shall anyways tend to affect the Life, Limb or Liberty of the Subject, or to the imposing any Duties or Taxes and that all such Rules and Regulations be transmitted by the first opportunily after they are passed and made for our Approbation or Disallowance; and it is our Will and Pleasure that when our Assembly shall have been summoned and met in such manner, as you in your discretion shall think most proper, or as shall hereafter be directed and appointed, the following regulations be carefully observed in the framing and passing all such Laws, Statutes and Ordinances as are to be passed by you, with the advice and consent of Our said Council and Assembly, viz:—
Stile of enacting laws.
That the Stile of enacting the said Laws, Statutes and Ordinances, be by the Governor, Council and Assembly, and no other.
That each different matter be provided for by a different Law, without including in one and the same Act, such things as have no proper relation to each other.
That no clause be inserted in any Act or Ordinance, which shall be foreign to what the Title of it imports, and that no perpetual clause be part of any temporary Law.
That no Law or Ordinance whatever be suspended altered, continued, revived or repealed by general words but that the Title and Date of such Law or Ordinance be particularly mentioned in the enacting part.
No law respecting private property to be passed without a suspending clause.
That no Law or Ordinance respecting private Properly be passed without a clause suspending its execution until our Royal Pleasure is known, nor without a saving of the right of Us, Our Heirs and Successors, and of all Bodies, Politic and Corporate, and of all other Persons, except such as are mentioned in the said Law or Ordinance, and before such Law or Ordinance is passed, proof must be made before you in Council, and entered in the Council Books, that public notification was made of the Party's intention to apply for such Act, in the several parish Churches where the Lands in question lie, for Three Sundays at least successively before any such Law or Ordinance shall be proposed, and you are to transmit and annex to the said Law or Ordinance a Certificate under your hand, that the same passed through all the forms above mentioned.
That in all Laws or Ordinances for levying money, or imposing Fines, Forfeitures, or Penalties, express mention be made that the same is granted or reserved to Us, our Heirs and Successors, for the public Uses of the said Province, and the support of the Government thereof, as by the said Law or Ordinance shall be directed, and that a Clause be inserted declaring that the Money arising by the operation of the said Law or Ordinance, shall be accounted for unto Us here in this Kingdom and to Our Commissioners of Our Treasury or Our High Treasurer for the time being, and audited by our Auditor General for our Plantations or his Deputy.
Laws to be transmitted to the Secretary of State in three months after passing.
That all such Laws, Statutes and Ordinances be transmitted by you within three Months after their passing, or sooner if opportunity offers, to Us, by one of Our Principal Secretaries of State, and Duplicates thereof to the Committee of Our Privy Council for Trade and Plantations for their Information, that they be fairly abstracted in the Margents, and accompained with very full and particular observations upon each of them, that is to say, whether the same is introductive of a New Law, Declaratory of a former Law, or does repeal a Law then before in being; and you are also to transmit in the fullest manner the reasons and occasion for enacting such Laws or Ordinances, together with fair copies of the Journals and Minutes of the proceedings of the Council and Assembly which you are to require from the Clerks of the said Council and Assembly.
13. And to the end that nothing may be passed or done to the prejudice of the true interests of this Our Kingdom, the just Rights of Us, Our Heirs and Successors, or the property of Our subjects, it is our express Will and Pleasure, that no Law whatever, which shall in anywise tend to affect the Commerce or Shipping of this Kingdom, or which shall any ways relate to the Rights and Prerogative of Our Crown, or the property of Our Subjects, or which shall be of an unusual or extraordinary nature, be finally ratified or assented to by you, until you shall have first transmitted a Draught of such Law, and shall have received our Directions thereupon, unless you take care, that a Clause be inserted suspending and deferring the Execution thereof until our Pleasure is known concerning the same.
No Laws to be enacted for less than two years.
14. And Whereas Laws have been formerly enacted in several of our Plantations in America, for so short a time, that our Royal Assent or Refusal thereof could not be had before the time for which such Laws were enacted did expire, you shall not give your assent to any Law that shall be enacted for a less time than two years, except in cases of imminent necessity or immediate temporary expediency; and you shall not re-enact any Law, to which Our Assent shall have been once refused, without express leave for that purpose first obtained from Us upon a full Representation by you to be made to Us by One of Our principal Secretaries of State, and to the Committee of Our Privy Council for Trade and Plantations, for their Information in order to be laid before Us, of the reasons and necessity for passing such Law; nor give your assent to any Law for repealing any other Law, which shall have passed in your Government and have received Our Royal Approbation, unless there be a clause inserted therein, suspending and deferring the Execution thereof until Our Pleasure shall be know concerning the same.
Bill for ascertaining the qualifications of Electors.6
15. And in order that the Election of the Members of the Assemblies to be held in Our said Province of New Brunswick may be in future settled upon a fixed and permanent footing; it is Our Will and Pleasure that during the first Session of the first Assembly to be by you called by virtue of these Our Instructions, you do propose to the said Assembly the Framing a Bill for ascertaining the qualifications of the Electors, and Persons to be elected Members, the Number of Representatives to be allowed for each County or Parish in Our said province and the mode of electing such Representatives, for which purpose, It is Our Will and Pleasure. that the same be divided into such Parishes and Counties as shall be thought expedient by any necessary Act or Acts of Assembly, a Draught of which Bill you shall transmit to Us, by One of Our Principal Secretaries of State, for Our Pleasure therein, or otherwise your assent may be given thereunto, provided the same contains a clause suspending the operation thereof until our Pleasure thereupon shall be signified.
No money to be raised by Lottery.
16. Whereas a practice hath for late years prevailed in several of our Colonies and Plantations in America, of passing Laws for raising Money, by instituting public Lotteries, and Whereas it hath been represented to Us, that such practice doth tend to disengage those, who become Adventurers therein, from that Industry and attention in their proper Callings and Occupations on which the public Welfare so greatly depends; and whereas it further appears that this practice of authorizing Lotteries, by Acts of Legislature hath been also extended to the enabling private persons to set up such Lotteries, by means whereof great frauds and abuses have been committed, It is therefore our Will and Pleasure that you do not give your assent to any such Act or Acts for raising Money by the institution of any public or private Lotteries whatsoever, until you shall have first transmitted unto Us, by One of Our principal Secretaries of State, a Draught or Draughts of such Act or Acts, and shall have received Our directions therein.
17. And it is Our express Will and Pleasure that no Law for granting unto Us any Sum or Sums of Money by Duties of Impost, Tonnage or Excise be made to continue for less than one whole year: as also that no other Laws whatsoever be made to continue for less time than two years, except only in cases where it may be necessary upon unforeseen emergency, to make Provision by Law for a Service in its nature temporary and contingent.
18. Whereas Laws have been passed in some of Our Colonies and Plantations in America, by which the Lands, Tenements, Goods, Chattles, Rights and Credits of Persons, who have never resided within the Colonies, where such Laws have been passed, have been made liable to be attached for the recovery of Debts in a manner different from that allowed by the Laws of England in like cases; and Whereas it hath been represented unto US that such Laws may have the consequence to prejudice and obstruct the Commerce between this Kingdom and Our said Colonies and to affect public credit; It is therefore Our Will and Pleasure that you do not on any pretence whatever give your assent to, or pass any Bill or Bills in Our Province under your Government by which the Lands, Tenements, Goods, Chattles, Rights and Credits of Persons who have never resided within Our said Province, shall be liable to be attached for the recovery of Debts due from such persons, in any manner inconsistent with the usage and practice within this Our Kingdom of Great Britain until you shall have first transmitted unto Us, by One of Our Principal Secretaries of State, the Draught of such Bill or Bills and shall have received Our Royal Pleasure thereupon, unless you take care in passing of such Bill or Bills, that a Clause or Clauses be inserted therein, suspending and deferring the Execution thereof, until Our Royal Will and Pleasure shall be known thereupon.
Paper bills not to be a legal tender.
19. Whereas by an Act of Our Parliament of Great Britain passed in the fourth year of Our Reign intitled "An Act to prevent Paper Bills of Credit, hereafter to be issued in any of His Majesty's Colonies or Plantations in America From being declared to be a legal Tender in payment of Money, and to prevent the legal Tender of such Bills as are now subsisting from being prolonged beyond the periods limited for calling in and sinking the same," it is enacted that no paper Bills or Bills of credit should be Created or issued by any Act, Order, Resolution or Vote of Assembly in any or Our Colonies or Plantations in America, to be a legal Tender in payment; and that any such Act, Order, Resolution or Vote for creating or issuing such paper Bills or Bills of Credit, or for prolonging the legal Tender of any such then subsisting and current in any of the said Colonies or Plantations should be null and void; And Whereas by another Act of Our said Parliament passed in the thirteenth year of Our Reign intitled "An Act to explain and amend the above recited Act passed in the fourth Year of Our Reign as aforesaid," It is enacted that any Certificates, Notes, Bills or Debentures, which shall or may be voluntarily accepted by the Creditors of the publick within any of the Colonies in America, as a security for the payment of what is due and owing to the said public Creditors may be made and enacted by the General Assemblies of the said Colonies respectively, to be a Tender to the public Treasurers in the said Colonies for the Discharge of any Duties, Taxes or other Debts whatsoever due to, and payable at, or in the said Public Treasuries of the said Colonies, in virtue of Laws passed within the same, and in no other case whatsoever; It is Our Will and Pleasure that you do in all things conform yourself to the provisions of the said recited Acts, both with respect to the not assenting to any Laws, which may be presented to you for the purpose of issuing or creating paper Bills, or Bills of Credit, to be a legal Tender in Payment, and the assenting to any Law, by which Certificates, Notes or Debentures, which may be voluntarily accepted in payment, by the Public Creditors, shall be made a legal Tender to the Treasury for Taxes, Duties and other payments to the Public Treasury.
Public money to be issued by warrant under the Governor's hand.
20. You are not to suffer any publick Money whatsoever to be issued or disposed of otherwise than by Warrant under your hand; but any future Assembly may nevertheless be permitted from time to time, to view and examine the Accounts of Money disposed of by virtue of Laws made by them, which you are to signify unto them as there shall be occasion.
21. And We do particularly require you to take care, that fair Books of Accounts of all Receipts and payments of all publick Monies be duly kept, and the truth thereof attested by Our Auditor General of Our Plantations, or his Deputy, who is to transmit Copies thereof to Our Commissioners of Our Treasury, or to Our High Treasurer for the time being: and that you do every half year or oftener send another Copy thereof attested by yourself to the Committee of Our Privy Council for Trade and Plantations, and Duplicates thereof by the next Conveyance, in which Books, shall be specified every particular sum raised or disposed of, together with the Names of the persons to whom any Payment shall be made, to the end We may be satisfied of the right and due application of the Revenue of our said Province with the probability of the increase and diminution of it, under every head and article thereof.
No duty to be laid on the product or shipping of Great Britain or Ireland.
22. And Whereas Complaints have been made by the Merchants of the City of London, in behalf of themselves and of several others, Our good Subjects of Great Britain, trading to Our Plantations in America, that greater Duties and Impositions are laid on their Ships and Goods, than on the Ships and Goods of Persons who are natives and Inhabitants of the said plantations: It is therefore Our Will and Pleasure, that you do not upon any pretence whatsoever, on pain of our highest Displeasure give your assent to any Law, wherein the Natives and Inhabitants of the province of New Brunswick are put on a more advantageous footing than those of this Kingdom, or whereby Duties shall be laid upon British or Irish Shipping, or upon the Product or Manufactures of Great Britain or Ireland upon any pretence whatsoever.
23. And Whereas Acts have been passed in some of Our Plantations for laying Duties on Felons imported, in direct opposition to an Act of Parliament passed in the fourth year of the Reign of His late Majesty King George the First, for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Transportation of Felons, It is Our Will and Pleasure that you do not give your assent to, or pass any Act whatsoever, for imposing Duties on the Importation of any Felons from this Kingdom into the province under your Government.
Appeals from the Common Law Courts to be made to the Governor in Council, provided the sum appealed for do exceed three hundred pounds; and to the King in Council, provided the sum do exceed five hundred pounds.
24. Our Will and Pleasure is, that you, or the Commander in Chief, for the time being do in all Civil Causes, on application being made to you or the Commander in Chief for the time being for that purpose, permit and allow Appeals from any of the Courts of Common Law in Our said province, unto you or the Commander in Chief and the Council of the said Province, and you are for that purpose to issue a Writ in the manner which has been usually accustomed, returnable before yourself, and the Council of the said Province, who are to proceed to hear and determine such Appeal wherein such of the said Council as shall be at that time Judges of the Court from whence such Appeal shall be so made to you, Our Captain General, or to the Commander in Chief for the time being, and to our said Council as aforesaid, shall not be admitted to vote upon the said Appeal; but they may nevertheless be present at the hearing thereof to give the reasons of the Judgment given by them in the Causes wherein such Appeal shall he made, provided nevertheless that in all such Appeals the sum or value appealed for do exceed the sum of Three hundred pounds sterling and that security be first duly given by the Appellant to answer such Charges as shall be awarded in case the first Sentence be affirmed; and if either party shall not rest satisfied with the Judgment of you, or the Commander in Chief for the time being and Council as aforesaid, Our Will and Pleasure is, that they may then Appeal unto us in Our Privy Council, provided the sum or value so appealed for unto Us do exceed Five hundred pounds, Sterling, and that such Appeal be made within fourteen days after Sentence, and good Security be given by the Appellant, that he will effectually prosecute the same and answer the Condemnation, as also pay such Costs and Damages as shall be awarded by Us, in case the Sentence of you, or the Commander in Chief for the time being and Council be affirmed; provided nevertheless where the matter in question relates to the taking or Demanding any Duty payable to Us or to any Fee of Office or Annual Rents, or other such like matter or thing where the Rights in future may be bound, in all such cases, you are to admit an Appeal to Us, in Our Privy Council though the immediate sum or value appealed for, be of a less value; And it is Our further Will and Pleasure that in all cases where, by your Instructions, you are to admit Appeals unto Us in Our Privy Council execution be suspended, until the final determination of such Appeal, unless good and sufficient security be given by the Appellee, to make ample restitution of all that the Appellant shall have lost by means of such Decree or Judgment, in case upon the Determination of such Appeal, such Decree or Judgment should be reversed and restitution awarded to the Appellant.
25. Yon are also to permit Appeals unto Us, in Our Privy Council in all cases of Fines imposed for Misdemeanors, provided the Fine so imposed amount to or exceed the sum of One hundred pounds Sterling, the Appellant first giving good security that he will effectually prosecute the same, and answer the Condemnation, if the Sentence by which such Fine was imposed in New Brunswick shall be confirmed.
The Governor not to remit fines above the sum of ten pounds.
26. You shall not remit any Fines or Forfeitures whatsoever above the sum of Ten pounds, nor dispose of any Forfeitures whatsoever, until, upon signifying unto the Commissioners of our Treasury, or Our High Treasurer for the time being, the nature of the Offence and the occasion of such Fines and Forfeitures with the particular Sums or value thereof (which you are to do with all speed) you shall receive Our Directions thereon; but you may in the meantime suspend the payment of the said Fines and Forfeitures.
27. It is Our Will and Pleasure that you do not dispose of any forfeitures or Escheats to any Person until the proper officer has made enquiry by a Jury upon their oaths into the true value thereof, nor until you shall have transmitted to our Commissioners of our Treasury a particular Account of such forfeitures Escheats and the value thereof, and you shall have received Our directions thereupon; and you are to take care that the produce of such forfeitures and escheats, in case We shall think proper to give you directions to dispose or the same, be duly paid to our Receiver General of the said Province, and a full account transmitted to the Commissioners or our Treasury, or Our High Treasurer for the time being with the names of the persons to whom disposed; and provided that in the Grants of all forfeited and escheated Lands, there be a Clause, obliging the Grantee, in case the same was not cultivated and planted before to the same terms amd conditions of cultivation and improvement, as are, or shall be directed with respect to all other Grants of Lands by you to be made within Our said Province, and that there be proper savings and reservations of Quit Rents to Us, Our Heirs and Successors.
28. And You are with the advice and consent of Our Council to take especial care to regulate as soon as may be all Salaries and Fees belonging to places or paid upon emergencies, that they be within the bounds of moderation,7 and that no exaction be made on any occasion whatever; as also, that Tables of Fees be publickly hung up in all places where such Fees are to be paid; And you are to transmit copies of all such tables of Fees to Us, by One of Our principal Secretaries of State, and duplicates thereof to the Committee of Our Privy Council for Trade and Plantations for their Information.
29. And you are to transmit to Us by one of Our principal Secretaries of State, with all convenient speed a particular account of all Establishments of Jurisdictions, Courts, offices and officers, Powers, Authorities, Fees
and Privileges granted and settled within Our said province; as likewise an Account of all the Expenses, if any, attending the establishment of the said Courts, and you are also to transmit duplicates of the said account to the Committee of Our Privy Council for Trade and Plantations, for their Information.
No Justice of the Peace to be appointed without the consent of three of the Council.
30. You shall not appoint any person to be a Judge or Justice of the peace without the advice and consent of at least three of Our Council; nor shall you execute by yourself, or by Deputy any Office of Judge within the said Province; And it is Our further Will and Pleasure, that all Commissions to be granted by you to any person or persons to be Judge, Justice of the Peace, or other necessary Officers, be granted during pleasure only.
Officers not to be displaced without Cause signified to the Secretary of State.
31. You shall not displace or suspend any of the Judges, Justices, Sheriffs, or other Officers or Ministers within Our said province without good and sufficient cause, to be signified in the most full and distinct rnanner to Us, by one of Our principal Secretaries of State, and to the Committee of Our Privy Council for Trade and Plantations for their Information.
32. And Whereas frequent complaints have been made of great delays and undue proceedings in the Courts of Justice in several of Our Plantations, whereby many of Our good subjects have very much suffered. and it being of the greatest importance to Our Service, and to the Welfare of Our plantations, that Justice be everywhere speedily and duly administered, and that all disorders, delays and other undue practices in the Administration thereof, be effectually prevented, We do particularly require you to take especial care, that in all Courts, where you are authorized to preside, Justice be impartially administered; and that in all other Courts Established within Our said Province, all Judges and other persons therein concerned, do likewise perform their Several duties without delay or partiality.
33. You are to take care no Court of Judicature be adjourned, but upon good Grounds, as also that no Orders of any Court of Judicature be entered or allowed, which shall not first be read and approved by the Justices in open Court; which Rule you are in like manner to see observed with relation to the Proceedings of Our Council of New Brunswick, and that all Orders there made be first read and approved in Council, before they are entered upon the Council Books.
34. You are to take care that all Writs, within our said Province, be issued within our Name.
Prisons to be erected.8
35. You shall take care, with the advice and assistance of Our Council, that proper prisons be forthwith erected and kept in such a condition, as may sufficiently secure the Prisoners that are or shall be there in Custody.
36. You shall not suffer any person to execute more offices than one by Deputy.
37. Whereas there are several offices in Our Plantations, granted under the Great Seal of Great Britain, and our Service may be very much prejudiced by reason of the absence of the Patentees, and by their appointing Deputies not fit to officiate in their stead, you are therefore to inspect such of the said offices as are in Our said Province under your Government, and enquire into the capacity and behaviour of the persons exercising them, to report thereupon to Us, by One of Our principal Secretaries of State, and to the Committee of Our Privy Council for Trade and Plantations for their Information, what you think fit to be done or altered in relation thereunto; and you are upon the misbehaviour of any of the said Patentees or their Deputies, to suspend them from the execution of their places, until you shall have represented the whole matter unto Us, by one or our principal Secretaries of State, and to the Committee of our Privy Council for Trade and Plantations for their Information, and shall have received our direction therein: and in case of the Death of any such Deputy, It is Our express Will and Pleasure, that you take care that the Person appointed to execute the place until the Patentee can be informed thereof, and appoint another Deputy, do give sufficient security to the Patentee; or in Case of suspension to the person suspended, to be answerable for the Profits accruing during such interval by Death, or during such suspension in case We shall think fit to restore the person suspended to his place again; It is nevertheless Our Will and Pleasure that the Person executing the Place during such intervals by Death or Suspension, shall for his Encouragement receive the same profits as the Person Dead, or suspended did receive; And it is Our further Will and Pleasure, that in case of the suspension of a Patentee, the person appointed by you, to execute the office during such suspension, shall for his Encouragement, receive a moiety of the Profits, which would otherwise have accrued and become due to such Patentee, giving security to such Patentee to be answerable to him for the other Moiety, in case We shall think fit to restore him to his place again: And Whereas an Act was passed in the Twenty-second year of our Reign intitled, "An Act to prevent the granting in future any patent office to be exercised in any Colony or Plantation now or at any time hereafter, belonging to the Crown of Great Britain, for any longer term than during such time, as the Grantee thereof, or Person appointed thereto shall discharge the Duty thereof in person, and behave well therein" ; It is Our Will and Pleasure, that you do in the case of future Patentees, strictly comply with the directions and Provisions of the said Act.
38. You shall not by colour of any Power or Authority, hereby or otherwise granted, or mentioned to be granted unto you, take upon you to give, grant or dispose of any place or office within Our said Province which now is, or shall be granted under the Great Seal of this Kingdom, or to which any person is or shall be appointed by Warrant under Our Signet and Sign Manual, any further, than that you may upon the vacancy of any such Office or Place, or upon the suspension of any such Officer, by you as aforesaid, put in any fit person, to officiate in the interval, till you shall have represented the matter unto Us, by One of Our principal Secretaries of State, and to the Committee of Our privy Council for Trade and plantations for their Information, as aforesaid, which you are to do by the first opportunity, and till the said office or Place is disposed of by Us, Our Heirs or Successors, under the Great Seal of this Kingdom, or until some Person shall be appointed thereunto, under Our Signet and Sign Manual, or our further directions be given therein; And It is Our express Will and Pleasure that you do countenance and give all due encouragement to all our Patent officers in the enjoyment of their legal and established Fees, Rights, Privileges and Emoluments, according to the true intent and meaning of their Patents.
Officers of the Customs to be excused from serving on Juries or in the Militia.
39. And Whereas several Complaints have been made by the Officers of Our Customs in Our Plantations in America, that they have been frequently obliged to serve on Juries, and personally to appear in Arms whenever the Militia is drawn out, and thereby are much hindered in the execution of their employments; our Will and Pleasure is that you take effectual care, and give the necessary directions that the several Officers of Our Customs be excused and exempted from serving on any Juries, or personally appearing in Arms, in the Militia unless in cases of absolute necessity, or serving any parochial Offices, which may hinder them in the execution of their Duties.
Original instructions for granting land. [This marginal note is not in Governor Carleton's hand-writing, but seems to have been added by a later hand.]
40. And Whereas nothing can more effectually tend to the speedy Settling Our said Province, the security of the property of Our subjects, and the advancement of Our Revenue, than the Disposal of such Lands as are Our Property upon reasonable Terms, and the establishing a regular, and proper method of proceeding with respect to the passing Grants of such Lands: It is therefore Our Will and Pleasure that all and every person and persons who shall apply to you for any Grant or Grants of Land shall, previous to their obtaining the same, make it appear before you in Council, that they are in a condition to cultivate and improve the same by settling thereon in proportion to the quantity of Acres desired, a sufficient number of settlers either Servants or others: And in case you shall upon a consideration of the circumstances of the person or persons, applying for such Grants, think it adviseable to pass the same, in such case you are to cause a Warrant to be drawn up directed to the Surveyor General, or other officers impowering him or them to make a faithful and exact Survey of the Lands so petitoned for, and to return the said Warrant within six Months at furthest from the Date thereof, with a Plot or Description of the Lands so surveyed, thereunto annexed, provided that you do take care that, before any such Warrant is issued, as aforesaid, a Docket thereof be entered in the Auditor's and Register's Offices, and when the Warrant shall be returned by the said Surveyor or other proper Officer the Grant shall be made out in due form, and the Terms and Conditions required by these Our instructions, be particularly and expressly mentioned in the respective Grants: And it is Our Will and Pleasure that the said Grants shall be registered within six Months from the Date thereof in the Register's Office, and a Docket thereof be also entered in Our Auditor's Office, or that in default of such Entry, such Grant shall be void; Copies of all which Entries shall be returned regularly by the proper officer to our Commissioners of Our Treasury, and to the
Committee of Our Privy Council for Trade and plantations within six months from the date thereof.
Conditions on which Lands are to be granted.
41. And Whereas great Inconveniences have heretofore arisen in many of the Colonies in America from the granting excessive quantities of Land to particular persons who have never cultivated or settled it.9 and have thereby prevented others more industrious from improving the same; in order therefore to prevent the like inconveniences for the future you are to take especial care in all Grants to be made by you, by and with the Advice and Consent of Our Council, to persons applying for the same, the Quantity be in proportion to their Ability to cultivate; And you are hereby directed to observe the following Directions and Regulations in all Grants to be made by you viz:—
That One hundred Acres of Land be granted to every person being Master or Mistress of a Family, for himself or herself, and Fifty Acres for every White and Black Man, Woman or Child, of which such Person's Family shall consist, at the actual time of making the Grant; And in case any person applying to you for Grants of Land shall be desirous of taking up a larger Quantity than the actual Number of Persons in his or her Family would entitle such Person to take up; It is Our Will and Pleasure and you are hereby allowed and permitted to Grant unto every Such Person or Persons such further Quantity of Land as they may desire not exceeding one Thousand Acres over and above what they are entitled to by the number of Persons in their respective Families, provided it shall appear to you they are in a condition and Intention to cultivate the same; And provided also that they do pay to the Receiver of Our Quit Rents, or to such other officer as shall be appointed to receive the same, the sum of Five Shillings only for every Fifty Acres so granted, on the day of the date of the Grant.
That all Grantees be subject to the payment of two shillings Sterling for every hundred Acres to commence at the expiration of Two Years from the Date of such Grant, and to be paid yearly and every year, or, in default of such payment the Grant to be void.
That every Grantee upon giving proof that he or she has fulfilled the Terms and Conditions of his or her Grant shall be entitled to another Grant in the proportion and upon the conditions above mentioned.
That for every Fifty Acres of Land accounted Plantable, each Patentee shall be obliged, within three years after the date of his Patent, to clear and work three Acres at the least in that part of this Tract which he shall judge most convenient and advantagous, or else to clear and drain three Acres of Swampy or sunken Grounds, or drain three Acres of Marsh, if any such be within the Bounds of his Grant.
That for every Fifty Acres of land accounted barren, every patentee shall be obliged to put and keep on his Land within three years after the Date of his Grant, Three neat Cattle, which number he shall be obliged to continue on his Land until three Acres of every Fifty be fully cleared and improved.
That if any person shall take up a Tract of Land wherein there shall be no part fit for present cultivation without manuring and improving the same, every such Grantee shall be obliged within three years from the Date of his Grant to erect on some part of his Land, One good Dwelling House to contain at least Twenty feet in length, and sixteen Feet in Breadth and also to put on his Land the like Number of three neat Cattle for every Fifty Acres.
That if any person who shall take up, any Stony or Rocky Grounds not fit for culture or Pasture shall Within three years after the passing of his Grant begin to employ thereon and so continue to work for three years then next ensuing in digging any Stone Quarry or other Mine, one good and able Hand for every Hundred Acres of such Tract, it shall be accounted a sufficient cultivation and Improvement.
That every Three Acres which shall be cleared and worked as aforesaid, shall be accounted a sufficient Seating, Planting, Cultivation and Improvement to save forever from Forfeiture, fifty Acres of Land in any part of the Tract contained within the same patent, and the Patentee shall be at liberty to withdraw his Stock, or to forbear working in any Quarry or Mine in proportion to such cultivation and Improvement as shall be made upon the plantable Lands, or upon the swamps, sunken Grounds and Marshes which shall be included in the same patent.
That when any persons, who shall hereafter take up and take out a Grant for any Land, shall have Seated, Planted and cultivated or improved the said Land, or any part of it according to the directions and conditions above mentioned, such Patentee may make proof of such Seating, Planting, Cultivation and Improvement, in the General Court of the County, District or Precinct where such Lands shall lie, and have such Proof certified to the Register's office, and there entered with the Record of the said Patent, a Copy of which shall be admitted on any Trial to prove the Seating and Planting of such Land.
And lastly in order to ascertain the true Quantity of Plantable and Barren Land contained in each Grant hereafter to be made within Our said Province, you are to take especial care that in all surveys hereafter to be made, every Surveyor be required and enjoined to take particular Notice according to the best of his Judgment and understanding, how much of the Land so surveyed is plantable, and how much of it is barren and unfit for cultivation, and accordingly to insert in the Survey and plot by him to be returned into the Register's Office, the true quantity of each kind of land.
42. And It is Our further Will and Pleasure, that in all Grants of Land to be made by you as aforesaid, regard be had to the profitable and unprofitable Acres, so that each Grantee may have a proportionable number of one Sort and the other, as likewise that the Breadth of each Tract of Land to be hereafter granted be one third of the Length of such Tract, and that the Length of such Tract do not extend along the Banks of any River, but into the Main Land, that thereby the Said Grantees may have each a convenient share of what acommodation the said River may afford for navigation or otherwise.10
43. And whereas it has been found by experience that the settling Planters in Townships, hath very much redounded to their Advantage, not only with respect to the assistance they have been able to afford each
other in their Civil Concerns, but likewise with regard to the security they have already acquired against the insults, and Insurrections of neighbouring Indians; you are therefore to lay out Townships of a convenient size and extent, in such places as you in your discretion shall judge most proper: And it is Our Will and Pleasure that each Township do consist of about One hundred thousand Acres having as far as may be natural boundaries, extending up into the Country and comprehending a necessary part of the sea Coast, where it can be conveniently had.
44. You are also to cause a proper place in the most convenient part of each Township, to be marked out for the building of a Town sufficient to contain such a number of Families as you shall judge proper to settle there, with Town and pasture lots convenient to each Tenement, taking care that the said Town be laid out upon, or as near as conveniently may be, to some Navigable River, or the Sea Coast, and you are also to reserve to Us proper Quantities of Land in each Township for the following purposes, Viz.:— For erecting Fortifications and Barracks, or for other Military or Naval Services, and more particularly for the Growth and production of Naval Timber, if there are any Wood Lands fit for that purpose.
45. And it is Our Further Will and Pleasure, that a particular spot, in or as near each Town as possible, be set apart for the building of a Church, and Four hundred Acres adjacent thereto allotted for the Maintenance of a Minister, and Two hundred for a School Master.
46. And you are to give strict orders to the Surveyors whom you shall employ to mark out the said Townships and Towns, to make returns to you of their Surveys as soon as possible with a particular description of each Township, and the nature of the soil within the same.
47. And You are to oblige all such Persons as shall be appointed to be Surveyors of the said lands in each Township, to take an Oath for the due performance of their Offices, and for obliging them to make exact surveys of all lands required to be set out.
Settlers coming from the United States as Loyal Subjects desirous to retain their allegiance. [This marginal note is not in Governor Carleton's hand-writing, but seems to have been added by a later hand, the same as in the margin of Instruction No. 40 ]
48. Whereas it has been represented to Us, that many of our loving Subjects, heretofore Inhabitants of the Colonies and Provinces, now the United States of America, are arrived in Our Province of New Brunswick in order to settle therein, and that others of our said subjects desirous to retain their Allegiance to Us, are also disposed to remove to and settle in our Said Province; in order therefore to give due countenance and encouragement to such their Intentions, to facilitate their taking up Lands for cultivation and Improvements, and to testify our acceptance and approbation of their Loyalty to Us, It is Our Will and Pleasure that in all cases of application for Lands in Our said province of New Brunswick from persons who have been residents in any of the Colonies or Provinces, now the United States of America, and who on account of their Loyalty to Us, shall willingly or by compulsion remove into our said Province, you with the advice of Our Council, shall in all things conform to Our foregoing Instructions with respect to the Granting of Lands, and in particular to the part of Our said Instructions by which you are authorized to Grant Lands to any Person who shall be of ability to improve the same, in addition to their Family Rights, provided that such addition do not exceed One Thousand Acres.
49. And for the further Encouragement of Our Subjects being under the above Description, It is Our Will and Pleasure that the purchase Money of Ten Shillings for every hundred Acres of Land to be granted in Addition, and which by Our said Instructions is directed in be paid by the Grantee shall be remitted, and that the Quit Rent to be reserved in the several Grants to be made to Our said Subjects shall not commence or be payable 'till after the End and Expiration of Ten years from the Date of the respective Grants: And it is Our further Will and Pleasure that the Lands to be Granted by you as aforesaid shall be laid out in such Townships as shall be most convenient and consistent with the views of the Settlers, and at the same time conformable to Our said Instructions, and with the same reservations of Lands for Fortifications and Allotments for building of Churches and Schools, and for Glebes, as are therein directed, allowing however a Quantity not exceeding One thousand Acres for a Glebe, and five hundred Acres for the Maintenance of a School Master in each Township.
50. And as a further Encouragement to Our Subjects who shall become settlers as aforesaid, It is Our Will and Pleasure that the said Townships and the respective Allotments within the same, together with the Lands to be reserved as aforesaid shall be run, and laid out by Our Surveyor General of Lands for the said Province, or some skilful person authorized by him for that purpose, which Surveys together with the Warrants and Grants for the respective Allotments, shall be made out for and delivered to the several Grantees, free of any expence or Fees whatsoever.
Surveyor-General's accounts to [be] given in every three months upon Oath.
51. It is nevertheless Our Will and Pleasure that the Surveyor General do once in three Months give in to you or Our Commander in Chief for the time being, an account of the Expences actually incurred by him or the Person employed by him as aforesaid in making the said surveys, which Account shall be upon Oath; for which Expences, and one half of the usual Fees of Office for the different Allotments and Grants, you or Our said Commander in Chief, shall grant a certificate directed to Our High Treasurer or the Commissioners of Our Treasury for the time being, and you or Our said Commander in Chief shall also once in every three Months Grant the like Certificate for one half of the usual Fees of Office upon such Warrants or Grants to the several officers entitled thereunto including in the Certificate for the Fees due to the Secretary of Our said Province, one half of the usual Fees due to you or Our Commander in Chief for the time being, upon such Warrants or Grants to be accounted for by the said Secretary, and you shall transmit at the same time to Our said High Treasurer or the Commissioners of Our Treasury, a distinct account of the Expences of Survey, and Fees of Office, for which such Certificates were given, together with proper vouchers for the same, audited and passed before you and the Members of Our Council, and also transmit Duplicates thereof to Us thro' One of Our principal Secretaries of State.
52. And Whereas We are desirous of testifying Our Approbation of the Services and Bravery of such of Our Land Forces who have been or may be reduced in Our said Province, It is therefore Our Will and Pleasure that you do grant to such of the non-commissioned Officers and Private men of Our Land Forces who shall be reduced therein and personally apply for the same with an Intent to become actual Settlers and not otherwise, the following Quantities of Land, subject to the usual conditions of Cultivation and Improvement and the usual reserved Quit Rent at the expiration of ten vears from the date of the Grant viz:— To every Non-Commissioned officer Two hundred Acres; to every Private Man one hundred Acres exclusive of the Quantity such Non-Commissioned or private Man may otherwise be entitled to for every person in Family except himself. And that the Warrants and Grants for the said Lands be delivered to them free of any Fees or Expence whatever, but that such Fees, together with the expence of Surveys be paid as hereinbefore directed in the ease of Grants of Land to Settlers removing from the United States of America into the said Province.
53. It is nevertheless Our Will and Pleasure that this Our Instruction with respect to the Remission of purchase Money for Lands granted in addition, the Time of Payment of Quit Rents, and the payment of half the usual Fees of Office, and the Expences of Survey, shall extend only to Lands actually granted to Persons within the meaning of this Instruction and that in all other cases you do conform to Our General Instructions relating to the Granting of Lands in our said Province.
54. And in order to prevent any Persons disaffected to Us and Our Government from becoming Settlers in Our said Province of New Brunswick, It is Our Will and Pleasure that no Warrants for Surveying of Lands be granted by you or Our Commander in Chief for the time being, unless the person or Persons applying for the same do at the time of making such Application besides taking the usual Oaths directed by Law also make and subscribe the Declaration mentioned in the Fourth Article of these Our Instructions in your or his presence, or in the presence of such person or persons as shall by you or him be appointed for that purpose, viz: "I, A. B. do promise and Declare that I will maintain and defend to the utmost of my power the Authority of the King in his Parliament as the Supreme Legislature of this Province." And It is Our further Will and Pleasure that in all Grants to be made of Lands Within Our said Province you do cause the following Exception and proviso to be inserted: "And provided also that if the Lands hereby given and granted to the said A. B. and his Heirs as aforesaid shall at any Time or Times hereafter come into the possession and Tenure of any person or persons whatever Inhabitants of our said Province either by virtue of any Deed of Sale, Conveyance, Enfeoffment or Exchange, or by Gift, Inheritance, Descent, Devise, or Marriage, such person or Persons being Inhabitants as aforesaid shall within Twelve Months after his, her or their Entry or possession of the same take the Oaths as aforesaid, and make and subscribe the foregoing Declaration before some one of the Magistrates of Our said Province, and such Declaration and Certificate of the Magistrate that such Oaths have been taken being recorded in Our Secretary'e Office for the said Province, The person or Persons, so taking the Oaths aforesaid and making and subscribing the said Declaration shall be deemed the lawful possessor or Possessors of such Lands, and in case of Default on the part of such person or persons in taking the oaths and making and subscribing the Declaration within Twelve Months as aforesaid, This present Grant and every part thereof shall, and We do hereby declare the same to be null and void to all intents and purposes, and the Lands hereby granted and every part and parcel thereof shall revert to and become vested in Us Our Heirs and Successors, anything herein contained to the contrary notwithstanding."
55. And Whereas We are desirous of testifying Our entire Approbation of the Loyalty, Sufferings and services of the Commissioned officers of Our provincial Forces who have been reduced, It is therefore Our Will and Pleasure that upon application of such of the said Commissioned officers who shall be willing immediately to settle and improve Lands in Our said province you do direct that warrants of Survey and Grants for the same be made out and given in the following proportions, that is to say, to every Field Officer One thousand Acres, To every Captain seven hundred Acres, To every Subaltern, Staff and Warrant Officer, Five hundred Acres, exclusive of the usual Number of Acres for each person of which the Family of such Officer shall consist, and that upon the same conditions as in Our said recited Instruction are mentioned and expressed. And in order to strengthen the proposed Settlements in Our said Province, and that they may be in a state of Security and Defence, It is Our Will and Pleasure that the Allotments to be made to the non-commissioned officers and Privates under our said Instruction shall be where the same is practicable, by Corps and as contiguous as may be to each other, and that the Allotments in be made to the several Commissioned Officers under this Our Instruction shall he interspersed therein that the same may be thereby united, and in case of Attack be Defended by those who have been accustomed to bear arms and serve together.11
56. And Whereas many of Our Loyal and deserving Subjects did take Arms and associate themselves in the provinces now the United States of America for the support of Our Government and authority under the name of associated Loyalists without being put upon any particular Establishment, many of Whom may take refuge in Our said province, It is Our Will and Pleasure that the Commissioned and non-commissioned Officers and privates of the said Associated Loyalists shall be in every respect entitled to the same allotments of Land and every Encouragement intended and given by our said recited Instruction to the non-commissioned Officers and Privates of Our Forces who have been reduced in the said province, and by this Our Instruction to the Commissioned Officers of Our Provincial Forces who have been so reduced.
57. Whereas the reserving such Bodies of Land within Our Province of New Brunswick, where there are considerable Growths of Timber fit for the use of Our Royal Navy is a matter of the utmost Importance for Our Service, It is Our Will and Pleasure that no Grants whatever be made of Lands within Our said Province of New Brunswick until Our Surveyor General of Woods, or his Deputy lawfully appointed shall have viewed and marked out such Districts within Our said Province as Reservations to Us, Our Heirs and Successors, as shall be found to contain any considerable Growth of Masting, or other Timber fit for the use of Our Royal Navy, and more especially upon the Rivers St. Croix, St. John and Chibbenaccadie12 or any other Rivers in Our said Province convenient for Transportation; And you are hereby Instructed to direct Our Surveyor General of Lands in Our said Province not to certify any Plots of Land, ordered and surveyed for any person or persons whatsoever, in order that Grants may be made out for the same until it shall appear to him by a Certificate under the Hand of Our said Surveyor of Woods or his Deputy that the Land so to be granted is not part of, or included within any District marked out as a Reservation for us, our Heirs and Successors as aforesaid for the purpose herein before mentioned; And in order to prevent any Deceit or Fraud being committed by the Persons applying for Lands in this respect, It is our Will and Pleasure that in all Grants to be hereafter made for Lands within Our said Province of New Brunswick, the following Proviso, Exception and Condition be inserted viz:
"And provided also that no part of the parcel or tract of a Land hereby granted to the said . . . . . . . . . . and his Heirs be within any Reservation heretofore made and marked for Us, Our Heirs and Successors by Our Surveyor General of Woods or his lawful Deputy in which case, This Our Grant for such part of the Land hereby given and granted to the said . . . . . . . . and his Heirs forever as aforesaid, and which shall upon a survey thereof being made, be found within any such Reservation shall be null, void and of none effect, any Thing herein Contained to the contrary notwithstanding."
And Whereas considerable Bodies of Land within Our said Province are claimed or held by Persons who have not improved and cultivated the same nor otherwise complied with the Terms and Conditions of their respective Grants, and in most Instances no Quit Rents reserved to Us, have been paid thereupon; And Whereas many of Our Loyal Subjects from the United States of America and others who have removed, and may hereafter come into our said Province, may be desirous of settling and Improving the Lands which are under the circumstances aforesaid; It is Our Will and Pleasure that you do give directions to the proper Officers that such legal steps be taken as may effectually revest in Us Our Heirs and Successors such Lands as by Law are liable to be escheated and forfeited within Our said Province, either by Non Improvement, uncultivation, Non performance of the Conditions of the Grant or non payment of Quit Rents,13 and thereupon to grant the same to such Persons in such Quantities, and upon such Conditions, as by Our General Instructions, or by this or any other Instruction to you in that Respect, you are directed and authorized.
58. And Whereas it is necessary that all persons who may be desirous of settling in Our Said Province should be fully informed of the Terms and Conditions, upon which Lands will be granted in Our said Province, you are therefore as soon as possible to cause a publication to be made by Proclamation or otherwise, as you in your discretion shall think most adviseable, of all and every the foregoing Terms, conditions and Regulations of every kind respecting the Granting of Lands in which Proclamation it may be expedient to add some short description of the natural advantages of the Soil and Climate, and its peculiar conveniences for Trade and Navigation; and you are to take Such steps as you shall think proper for the publishing such Proclamation in all the Colonies of North America.
59. And It is Our further Will and Pleasure, that all the foregoing Instructions to you, as well as any which you may hereafter receive, relative to the forms and method of passing Grants of Lands, and the Terms and Conditions to be annexed to such Grants, be entered upon Record for the Information and satisfaction of all parties whatever, that may be concerned therein.
60. And Whereas it hath been represented to Us, that many parts of the province under your Government are particularly adapted to the Growth and Culture of Hemp and Flax; It is therefore Our Will and Pleasure that in all Surveys for settlement, the Surveyor be directed to report, whether there is any, or what quantity of Lands, contained within such Survey, fit for the production of Hemp and Flax, and you are to take particular care to insert a clause in every Grant of Land, where any part thereof is fit for such production, obliging the Grantee annually to sow a proportionable part of his Grant with Hemp and Flax seed.14
61. And Whereas it hath been represented to Us, that several parts of Our Government of New Brunswick have been found to abound with Coals, It is Our Will and Pleasure that in all Grants of Land to be made by you, a Clause be inserted, reserving unto Us, Our Heirs and Successors, all Coals, and also all Mines of Gold, Silver Copper and Lead which shall be discovered upon such Lands.
62. And It is Our further Will and Pleasure that you do consider of a proper and effectual Method of collecting, Receiving and accounting for Our Quit Rents, when the same shall become payable, whereby all Frauds, concealment, Irregularity or neglect therein may be prevented, and whereby the Receipt thereof may be effectually checked and controlled, And if it shall then appear necessary to pass an Act for the more speedily and regularly collecting Our Quit Rents, you are to prepare the heads of such a Bill, as you shall think may most effectually conduce to the procuring the good Ends proposed, and to transmit the same to Us, by one of Our Principal Secretaries of State, for our further directions therein.
63. And Whereas it is highly necessary for Our Service that you should cultivate and maintain a strict Friendship and good correspondence with the Indians, Inhabiting within Our said Province of New Brunswick, that they may be induced by degrees not only to be good Neighbours to our Subjects, but likewise themselves to become good subjects to Us, you are therefore to use all proper means to attain those Ends,15 to have Interviews from time to time, with the several heads of the said Indian Nations or Clans and to endeavour to enter into Treaty with them promising them Friendship and Protection on Our part.
64. And Whereas for some years past, the Governors of some of Our plantations have seized and appropriated to their own use, the produce of Whales of several kinds, taken upon those Coasts upon pretence that Whales are Royal Fishes, which tends greatly to discourage that branch of Fishery in our Plantations, and to prevent persons from settling there; It is therefore Our Will and Pleasure that you do not pretend to any claim nor give any manner of discouragement to the Fishery of Our Subjects upon the Coast of the Province under your Government, but on the contrary you give all possible Encouragement thereto.
65. And Whereas you will receive from Our Commissioners, for executing the office of High Admiral of Great Britain and of the Plantations a Commission constituting you Vice Admiral of Our said Province, you are hereby required and directed carefully to put in Execution the several Powers thereby granted you.
The same fees to be taken by the Officers of the Admiralty Court as in Great Britain.
66. And Whereas We have been informed that the Fees for the condemnation of a Prize ship, in Our Courts of Admiralty, in the Plantations are considerably greater than those demanded on the like occasions in Our High Court of Admiralty here, And Whereas We are willing that Our subjects in the Plantations should have the same ease in obtaining the condemnation of Prizes there as in this Kingdom, you are in signify our Will and Pleasure to the officers of our Admiralty Court in New Brunswick, that they do not presume to demand or exact other Fees than what are taken in this Kingdom, which amount to about Ten Pounds for the condemnation of each Prize according to the List of such Fees.
67. And there having been great Irregularities in the manner of granting Commissions in the Plantations, to private Ships of War, you are to govern yourself whenever there shall be occasion, according to the Commissions and Instructions granted in this Kingdom; but you are not to grant Commissions of Marque or Reprisal against any Prince or State in amity with Us, to any person whatsoever, without our special command, and you are to oblige the Commanders of all Ships having private Commissions to wear no other Colours, than such as are described in an Order in Council of the 7th January 1730 in relation to Colours to be worn by all Ships of War.
68. Whereas Commissions have been granted unto several persons in our respective plantations in America, for trying of Pirates in those parts pursuant to the several Acts for the more effectual suppression of Piracy and a Commission will be prepared impowering you as Our Captain General and Governor in Chief of Our Province of New Brunswick with others therein mentioned to proceed accordingly in reference to the said Province, Our Will and Pleasure is, that in all matters relating to Pirates, you govern yourself according to the intent of the said Acts.
69. You are to permit a liberty of Conscience to all persons, so they be contented with a quiet and peaceable enjoyment of the same, not giving offence or Scandal to the Government.
70. You shall take especial care, that God Almighty be Devoutly and duly served throughout your Government, the Book of Common Prayer, as by Law Established read each Sunday and Holy day; and the blessed Sacrament administered according to the Rights [rites] of the Church of England.
71. You shall be careful that the Churches which may be hereafter erected in Our said Province, be well and orderly kept, and that beside a competent maintenance to be assigned to the Minister of each Orthodox Church, a convenient House be built at the common charge for each Minister.
72. And you are to take care, that the Parishes be so limited, by an Act of Assembly and settled as you shall find most convenient for accomplishing this good Work.
73. You are not to prefer any Protestant Minister to any Ecclesiastical Benefice in that Our Province without a certificate from the Right Reverend Father in God the Lord Bishop of London, of his being conformable to the Doctrine and Discipline of the Church of England, and of a good Life and Conversation; and if any person hereafter preferred to a Benefice shall appear to you to give scandal, either by his Doctrine or Manners you are to use the best means for his removal.
74. You are to give Order forthwith, that every Orthodox Minister within your Government be one of the Vestry in his respective Parish, and that no Vestry be held without him, except in case of sickness, or after notice given of a Vestry he omit to come.
75. And to the end that the Ecclesiastical Jurisdiction of the Lord Bishop of London may take place in Our Province under your Government so far as conveniently may be, We do think fit that you do give all countenance and Encouragement to the Exercise of the same, excepting only the Collating to Benefices16 granting Licences for Marriages, and Probates of Wills which We have reserved to you Our Governor, and to the Commander in Chief of Our Said Province for the Time being.
76. And We do further direct that no Schoolmaster who shall arrive in Our said Province from this Kingdom be hence forward permitted to keep School in that our said Province without the Licence of the said Lord Bishop of London, and that no person now there, or that shall come from other parts shall be admitted to keep school in New Brunswick without your Licence first obtained.
77. And you are to take especial care that a Table of Marriages, established by the Canons of the Church of England, be hung up in all places of Publick Worship, according to the Rites of the Church of England.
78. And it is Our further Will and Pleasure that in order to suppress as much as in you lies every species of vice and Immorality, you forthwith do cause all Laws already made against Blasphemy Profaneness, Adultery, Fornication, Polygamy, Incest, profanation of the Lord's Day, swearing and Drunkenness to be rigorously put in execution in every part of Our Government, and that you take due care for the punishment of these and every other vice and immorality, and that you earnestly recommend to the Assembly to provide effectual Laws for the restraint and Punishment of all such of the aforementioned vices, against which no Laws are yet provided, and also you are to use your endeavours to provide for the punishment of the aforementioned vices, by presentment to be made upon oath to the Temporal Courts by the Church Wardens of the several Parishes at proper times of the year to be appointed for that purpose. And for the further discouragement of vice, and encouragement of virtue and good living (that by such Example the Infidels may be invited and persuaded to embrace the Christian Religion) you are not to admit any person to publick Trusts and Employments in the province under your Government, whose ill Fame and Conversation may occasion Scandal; and it is Our further Will and Pleasure that you recommend to the Assembly to enter upon proper Methods for the Erecting and maintaining of Schools in order to the training up of youth to reading and to a necessary knowledge of the principles of Religion.
Naturalization and Divorce Bills not to be allow'd
79. Whereas We have thought fit by Our Orders in Our privy Council to disallow certain Laws passed in some of Our Colonies and Plantations in America for conferring the privileges of Naturalization on persons being Aliens, and for divorcing Persons who have been legally Joined together in holy Marriage, And Whereas Acts have been passed in other of Our said Colonies to enable persons who are our Liege Subjects by Birth or Naturalization to hold and inherit Lands, Tenements and Real Estates, although such Lands, Tenements and real Estates had been originally granted to or purchased by aliens antecedent to Naturalization; It is Our Will and Pleasure that you do not upon any pretence whatsoever give your assent to any Bill or Bills that may hereafter be passed by the Council and Assembly of the Province under your Government for the Naturalization of Aliens, nor for the Divorce of Persons joined together in holy Marriage, nor for establishing a Title in any persons to Lands, Tenements and Real Estates in our said Province originally granted to, or purchased by Aliens antecedent to Naturalization.
80. You shall send to Us by One of Our principal Secretaries of State, and to the Committee of Our Privy Council for Trade and Plantations for their Information, an account of the number of Planters and Inhabitants, Men, Women and Children, as well Masters as Servants, free and not free and of the Slaves in Our said Province, as also a yearly account of the Increase and decrease of them; and how many of them are fit to bear arms in the Militia of Our said Province.
81. You shall cause an exact account to be kept of all persons born, christened and Buried; and send yearly fair abstracts thereof to Us, by One of Our principal Secretaries of State, and Duplicates of such abstracts to the Committee of Our Privy Council for Trade and Plantations for their Information as aforesaid.
82. You shall take care that all Planters Inhabitants and Christian Servants, be listed under good Officers, and when and as often as shall be thought fit, mustered and trained, whereby they may be in a better readiness for the Defence of our said Province under your Government, and you are to use your utmost endeavours, that each Planter do keep a proper number of White Servants, and that they appear in Arms at all such times as they shall be required.
83. And you are to take especial care that neither the frequency nor unreasonableness of remote Marches, Musters and Trainings, be an unnecessary impediment to the affairs of the Inhabitants.
84. And you shall not upon any occasion whatsoever establish or put in execution any Articles of War, or other Law Martial upon any of Our Subjects inhabitants of Our said Province without the advice and consent of Our Council there.
85. Whereas it is absolutely necessary that We be exactly informed of the state of Defence of all Our Plantations in America as well in relation to the Stores of War that are in each plantation, as to the Forts and Fortifications there and what more may be necessary to be built for the Defence and Security of the same; you are as soon as possible to prepare an Account thereof with relation to our said Province in the most particular manner; and you are therein to express the present State of the Arms, Ammunition and other Stores of War belonging to the said province, either in any public Magazines or in the hands of private persons, together with a State of all places, either already Fortified, or that you judge necessary to be fortified for the security of our said province; And you are to transmit the said accounts to Us by One of Our principal Secretaries of State, and also Duplicates thereof to the Committee of Our Privy Council for Trade and plantations for their Information, and also Duplicates thereof to Our Master General or Principal officers of Our Ordnance: which Accounts are to express the particulars of Ordnance, Carriages, Balls, Powder and all other sorts of Arms and Ammunition now in Our publick Stores and so from time to time, of what shall be sent to you or bought with the public Money, and to specify the time of the disposal and the occasion thereof and other like accounts half yearly in the same manner.
86. You shall cause a Survey to be made of all the considerable Landing Places and Harbours in our said province, in case the same shall not have already been done, and erect in any of them such Fortifications as shall be for the security and advantage of the said Province, which shall be done at the public charge.
87. You are from time to time to give an account as before directed what strength your Neighbours have (be they Indians or others) by Sea or Land and of the condition of their Plantations, and what correspondence you do keep with them.
88. And in case of Distress of any other of our Plantations you shall upon application of the respective Governors thereof to you assist them with what aid the Condition and Safety of Our said province under your Government can spare.
89. Whereas We have been informed that during the time of War our Enemies have frequently got Intelligence of the State of Our plantations by Letters from Private Persons to their Correspondents in Great Britain, taken on board Ships coming from the Plantations, which has been of dangerous Consequences; Our Will and Pleasure therefore is, that you signify to all Merchants, Planters and others, that they be very cautious in time of War, whenever that shall happen, in giving any accounts by Letters, of the public State and Condition of Our province under Your Government, and you are further to give directions to all Masters of Ships and other persons, to whom you may entrust your Letters, that they put such Letters into a Bag with sufficient weight to sink the same immediately in case of imminent Danger from the Enemy, And you are also to let the Merchants and Planters know how greatly it is for their Interest that their Letters should not fall into the hands of the Enemy, and therefore that they should give like Orders to Masters of Ships, in relation to their Letters, and you are further to advise all Masters of Ships that they do sink all Letters in case of Danger in the manner before mentioned.
90. And Whereas the Merchants and Planters in America, have in time of War corresponded and Traded with our Enemies and carried Intelligence to them, to the great prejudice and hazard of the British Plantations, you are therefore by all possible Methods to hinder such Trade and correspondence in time of War.
9l. You are likewise from time to time to give unto Us, by Our principal Secretaries of State, an Account of the Wants and Defects of Our said Province; what are the chief products thereof, what New Improvements are made therein by the Industry of the Inhabitants or Planters; and what further Improvements you conceive may be made or Advantages gained by Trade, and which way We may contribute thereunto, and you are to transmit a Duplicate of such account to the Committee of Our Privy Council for Trade and Plantations for their Information.
92. If anything shall happen which may be of Advantage or Security to Our province under your Government, which is not herein or by your Commission provided for, We do hereby allow unto you with the advice and consent of our said Council to take order for the present therein; giving unto Us, by One of Our Principal Secretaries of State speedy Notice thereof, that you may receive Our Ratification if We shall approve the same; provided always that you do not by colour of any power or authority hereby given you; commence to declare War without our Knowledge and particular Commands therein, except it be against Indians on Emergencies wherein the consent of Our Council shall be had and speedy Notice given thereof to Us, by One of Our principal Secretaries of State; and you are also to transmit Duplicates of such Notice as aforesaid, to the Committee of Our privy Council for Trade and plantations for their Information.
93. And Whereas great prejudice may happen to Our Service, and to the Security of Our Said Province, by the absence of you Our Governor in Chief, or Our Lieutenant Governor for the time being, you shall not upon any pretence whatsoever come to Europe, without having first obtained leave for so doing from Us, under Our Sign Manual and Signet or by Our Order in Our Privy Council.17
94. And Whereas, We have thought fit, by Our Commission, to direct, that in case of your Death, or Absence from Our said Province, and in case there be at that time no person Commissionated or appointed by Us, to be Our Lieutenant Governor or Commander in Chief, the eldest Councillor18 who shall be at the time of your Death or Absence residing within Our said province of New Brunswick, 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 manner thereby directed; It is nevertheless Our express Will and Pleasure that in such case the said President shall forbear to pass any Acts, but what are immediatelv necessary for the Welfare of Our said Province, without our particular order for that purpose, and that he shall not take upon him to Dissolve the Assembly then in being, nor to remove or suspend any of the Members of Our said Council, nor any Judges, Justices of the Peace, or other Officers, Civil or Military without the advice and consent of the Majority of the Council, and the said President is by the first opportunity to transmit to Us, by one of Our Principal Secretaries of State the reasons for such alterations, signed by him and Our Council; and he is also to transmit a Duplicate of such reasons to the Committee of Our Privy Council for Trade and Plantation for their Information.
95. And Whereas We are willing in the best manner to provide for the support of the Government of Our Province aforesaid, of which you are Governor, by setting apart sufficient Allowances to such as shall be Our Lieutenant Governor, Commander in Chief, or President of the Council for the time being within the same, Our Will and Pleasure therefore is that when it shall happen that you shall be absent from Our said Province, One full Moiety of all the Salary, Perquisites and Emoluments whatsoever, which would otherwise become due unto you, shall during the time of your absence from our said province, be paid and satisfied unto such Lieutenant Governor, Commander in Chief, or president of our Council, who shall be resident upon the place for the time being, which We do hereby Order and Allot unto him, towards his Maintenance and for the better support of the dignity of that Our Government.
96. And you are upon all occasions, to send to Us, by One of Our principal Secretaries of State, a particular account of all your Proceedings, and of the condition of affairs within your Government, and also Duplicates thereof to the Committee of Our privy Council for Trade and Plantations for their Information except in cases of a secret nature.
G. R.