Chapter X: Part 10

Whereas Application has been made to Us, in order to prevent Disputes arising among the Flag Officers, who have been or may hereafter be employed in Our Service, upon the Construction of that Part of the Proclamation of Our Lords Justices, during Our Absence, on the Nineteenth Day of June, One thousand seven hundred and forty, appointing a Distribution of the Spanish Prizes and Bounty Money, which relates to the Shares granted to the Flag or Flag Officers, who shall be actually on Board at the taking any Prize, or shall be directing or assisting therein: And whereas We having taken the Opinion of Our Lords Commissioners of the Admiralty, do judge it expedient to make such a Regulation, as may explain and settle the Right of Flag Officers, and Commanders, in all Cases of Prizes taken from any of Our Enemies at Sea; We therefore, with the Advice of Our Privy Council, do by this Our Proclamation[1] publish, order, and declare, That the following Regulations be observed: First, That a Flag Officer commanding in Chief upon Service, shall have One Eighth Part of all Prizes taken by Ships under his Command: Secondly, That a Flag Officer sent to command at Jamaica, or elsewhere, shall have no Right to any Share of Prizes taken by Ships employed there before he arrives, within the Limits of his Command: Thirdly, That when an inferior Flag Officer, or Private Ships, are sent out to reinforce a superior Flag Officer at Jamaica, or elsewhere, the said superior Flag Officer shall have no Right to any Share in Prizes taken by them, before their Arrival within the Limits of his Command: Fourthly, That a Chief Flag Officer, returning home from Jamaica, or elsewhere, shall have no Share in Prizes taken by the Ships left at Jamaica, or elsewhere, after he has got out of the Limits of his Command: Fifthly, That if a Flag Officer is sent to command in the Out-ports of this Kingdom, he shall have no Share in Prizes taken by Ships that sail from that Port, by Order from the Admiralty: Sixthly, That when more Flag Officers than one serve together, the Eighth Part of all Prizes taken by any Ships of the Fleet or Squadron, shall be divided in the following Proportion, viz. If there be but Two Flag Officers, the Chief shall have Two Third Parts, and the other shall have the remaining Third Part; but if the Number of Flag Officers be more than Two, the Chief shall have only one half, and the other half shall be divided equally among the other Flag Officers: Seventhly, That Commodores, with Captains under them, shall be esteemed as Flag Officers, with respect to their Right to an Eighth Part of Prizes, whether commanding in Chief, or serving under Command.

Given at Our Court at Kensington, this Fourteenth Day of June, 1744, in the Eighteenth Year of Our Reign.

GOD SAVE THE KING.

London, Printed by Thomas Baskett and Robert Baskett, Printers to the King's most Excellent Majesty. 1744.

_1 p. folio. Copy in P. C. Entered on Patent Rolls; entered in Privy Council Register, II Geo., vol. 9, p. 355. Printed in "London Gazette," June 16, 1744._

FOOTNOTE:

[1] A long proclamation was issued November 7, 1744, providing for the distribution of the bounty for destroying French ships, which is omitted from this volume since it contains no direct reference to America. It was printed in the _London Gazette_ of November 10, 1744, and a copy of the original broadside is in the Privy Council Office.

1752, June 25.

[Continuing Officers in Georgia.]

BY THE LORDS JUSTICES.

A PROCLAMATION.

Hardwicke, C. Hartington,
Granville, P. Holdernesse.[1]

Whereas by Letters Patent of his present Majesty, under his great Seal, which erected the Territories and Country of Georgia in America into One Free Province, under the Trustees for establishing the Colony of Georgia in America, the immediate Government thereof was, after the Determination of a Term of Twenty-one Years therein mentioned, to come to his said Majesty, his Heirs and Successors; which Term is not yet expired: And whereas the said Trustees having voluntarily made a Proposal to his Majesty, to make an absolute Surrender of all the Powers, Rights, and Trusts, vested in them by the said Charter; which his Majesty having been pleased graciously to accept, the said Trustees did, by their Indenture of Grant and Surrender, bearing Date the Twentieth Instant, grant and surrender to his Majesty, his Heirs, and Successors, the said Charter, and all Powers, Jurisdictions, Countries, and Territories, thereby granted to them; by which, the immediate Care of the said Province, and of his Majesty's Subjects there, is now devolved upon his Majesty;[2] We being desirious of making Provision for the present Government of the said Province, and securing the Peace and good Order thereof, until his Majesty shall establish such other Form and Order of Government therein, as to his Majesty, in his Royal Wisdom, shall seem most for the Honour of his State, and the Happiness of his Subjects there; have thought fit, with the Advice of his Majesty's Privy-Council, to issue this Proclamation; and do hereby order, signify, and declare his Majesty's Pleasure, That all Persons who now are, or, at the Time of the Publication of this Proclamation, shall be duly and lawfully possessed of, or invested in, any Offices or Places of Authority, Government, or Employment, Ecclesiastical, Civil, or Military, in his Majesty's said Colony of Georgia, and particularly all Governors, Lieutenants, or Deputy Governors, President, and Assistants, Council, Judges, Justices, Magistrates, Provost Marshals, Sheriffs, Justices of the Peace, and all others in any Place or Rank of Government, or concerned in the Administration of Government, either Inferior or Superior, and all other Officers and Ministers holding any Office, Place, or Employment there, shall hold under his Majesty, and be continued in their said several and respective Places, Offices, or Employments, and enjoy the same with the like Salaries, Fees, and Emoluments thereto belonging, which have hitherto been actually paid, until his Majesty's Pleasure be further known, or other Provision be made for the due Government and Ordering of his Majesty's said Colony: And that in the mean Time, for the Preservation of the publick Peace and Tranquillity of the said Province, We do strictly command all the said Persons, of whatsoever Rank, Degree, or Condition, to proceed in the Execution of their respective Offices, and to perform all the Duties thereunto belonging: And further, We do hereby will and command all and singular his Majesty's Subjects in the said Colony, of what Estate or Degree they, or any of them, be, to be obedient to, and aiding, helping, and assisting the said Officers and Ministers in the Performance and Execution of their said Offices, Places, and Employments, as they tender his Majesty's Displeasure, and will answer the contrary at their utmost Perils: All which Matters and Things, herein before commanded and directed, We do, by this Proclamation, order and direct to be done, performed, submitted to, and obeyed, until his Majesty shall further make known his Royal Will and Pleasure thereupon.

Given at Whitehall the Twenty-fifth Day of June, 1752, in the Twenty sixth Year of his Majesty's Reign.

GOD SAVE THE KING

_Manuscript copy in P. C. No printed copy found. Entered on Patent Rolls, and in Crown Office Docquet Book, vol. 11; entered in Privy Council Register, II Geo., vol. 14, p. 105. Printed in "London Gazette," July 4, 1752, from which the above transcript was made._

FOOTNOTES:

[1] Issued by the Lords Justices, during the absence of the King at Hanover.

[2] The charter establishing the colony of Georgia, dated June 9, 1732, was formally surrendered by the Trustees, June 23, 1752, and the colony became a royal province (see C. C. Jones' _History of Georgia_, i, 450-459).

1756, May 17.

[Declaration of War against France.]

HIS MAJESTY'S

DECLARATION

OF WAR AGAINST THE FRENCH KING.

GEORGE R.

The unwarrantable Proceedings of the French in the West Indies, and North America, since the Conclusion of the Treaty of Aix la Chapelle, and the Usurpations and Encroachments made by them upon Our Territories, and the Settlements of Our Subjects in those Parts, particularly in Our Province of Nova Scotia, have been so notorious, and so frequent, that they cannot but be looked upon as a sufficient Evidence of a formed Design and Resolution in that Court, to pursue invariably such Measures, as should most effectually promote their ambitious Views, without any Regard to the most solemn Treaties and Engagements. We have not been wanting on Our Part, to make, from time to time, the most serious Representations to the French King, upon these repeated Acts of Violence, and to endeavour to obtain Redress and Satisfaction for the Injuries done to Our Subjects, and to prevent the like Causes of Complaint for the future: But though frequent Assurances have been given, that every thing should be settled agreeable to the Treaties subsisting between the Two Crowns, and particularly that the Evacuation of the Four Neutral Islands in the West Indies should be effected (which was expressly promised to Our Ambassadour in France) the Execution of these Assurances, and of the Treaties on which they were founded, has been evaded under the most frivolous Pretences; and the unjustifiable Practices of the French Governors, and of the Officers acting under their Authority, were still carried on, till, at length, in the Month of April, One thousand seven hundred and fifty four, they broke out in open Acts of Hostility, when, in Time of profound Peace, without any Declaration of War, and without any previous Notice given, or Application made, a Body of French Troops under the Command of an Officer bearing the French King's Commission, attacked in a hostile Manner, and possessed themselves of the English Fort on the Ohio in North America.

But notwithstanding this Act of Hostility, which could not but be looked upon as a Commencement of War, yet, from Our earnest Desire of Peace, and in Hopes the Court of France would disavow this Violence and Injustice, We contented Ourselves with sending such a Force to America, as was indispensably necessary for the immediate Defence and Protection of Our Subjects against fresh Attacks and Insults.

In the mean Time great Naval Armaments were preparing in the Ports of France, and a considerable Body of French Troops embarked for[1] North America; and though the French Ambassadour was sent back to England with specious Professions of a Desire to accommodate these Differences, yet it appeared, that their real Design was only to gain Time for the Passage of those Troops to America, which they hoped would secure the Superiority of the French Forces in those Parts, and enable them to carry their ambitions and oppressive Projects into Execution.

In these Circumstances We could not but think it incumbent upon Us, to endeavour to prevent the Success of so dangerous a Design, and to oppose the Landing of the French Troops in America; and in Consequence of the just and necessary Measures We had taken for that Purpose, the French Ambassadour was immediately recalled from Our Court, the Fortifications at Dunkirk, which had been repairing for some Time, were enlarged; great Bodies of Troops marched down to the Coast; and Our Kingdoms were threatened with an Invasion.

In order to prevent the Execution of these Designs, and to provide for the Security of Our Kingdoms, which were thus threatened, We could no longer forbear giving Orders for the seizing at Sea the Ships of the French King, and his Subjects. Notwithstanding which, as We were still unwilling to give up all Hopes that an Accommodation might be effected, We have contented Ourselves hitherto with detaining the said Ships, and preserving them, and (as far as was possible) their Cargoes intire, without proceeding to the Confiscation of them; but it being now evident, by the hostile Invasion actually made by the French King of Our Island of Minorca, that it is the determined Resolution of that Court to hearken to no Terms of Peace, but to carry on the War, which has been long begun on their Part, with the utmost Violence, We can no longer remain, consistently with what We owe to Our own Honour, and to the Welfare of Our Subjects, within those Bounds, which, from a Desire of Peace, We had hitherto observed.

We have therefore thought proper to declare War; and We do hereby Declare War against the French King, who hath so unjustly begun it, relying on the Help of Almighty God, in Our just Undertaking, and being assured of the hearty Concurrence and Assistance of Our Subjects, in Support of so good a Cause; hereby willing and requiring Our Captain General of Our Forces, Our Commissioners for executing the Office of Our High Admiral of Great Britain, Our Lieutenants of Our several Counties, Governors of Our Forts and Garrisons, and all other Officers and Soldiers under them, by Sea and Land, to do and execute all Acts of Hostility, in the Prosecution of this War against the French King, his Vassals and Subjects, and to oppose their Attempts: Willing and requiring all Our Subjects to take Notice of the same; whom We henceforth strictly forbid to hold any Correspondence or Communication with the said French King, or his Subjects. And We do hereby command Our own Subjects, and advertise all other Persons, of what Nation soever, not to transport or carry any Soldiers, Arms, Powder, Ammunition, or other Contraband Goods, to any of the Territories, Lands, Plantations, or Countries of the said French King; Declaring, that whatsoever Ship or Vessel shall be met withal, transporting or carrying any Soldiers, Arms, Powder, Ammunition, or any other Contraband Goods, to any of the Territories, Lands, Plantations, or Countries of the said French King, the same, being taken, shall be condemned as good and lawful Prize.

And whereas there are remaining in Our Kingdom, divers of the Subjects of the French King, We do hereby Declare Our Royal Intention to be, That all the French Subjects who shall demean themselves dutifully towards Us, shall be safe in their Persons and Effects.

Given at our Court at Kensington, the Seventeenth Day of May, 1756, in the Twenty ninth Year of Our Reign.

GOD SAVE THE KING.

London: Printed by Thomas Baskett, Printer to the King's most Excellent Majesty; and by the Assigns of Robert Baskett. 1756.

_1 p. folio. Copies in Antiq., B. M., and in Mass. Historical Society. Entered on Patent Rolls; entered in Privy Council Register, II Geo., vol. 16, p. 177. Printed in "London Gazette," May 18, 1756. Reprinted as a broadside by J. Parker, New York, 1756, of which a copy was in the N. Y. State Library._

FOOTNOTE:

[1] In the copy in the British Museum, this word is printed _from_, but the word _for_ is substituted in manuscript, and in a contemporaneous hand is appended the following note: "The above Error was not found out by either of the Clerks of the Secretaries of State, Offices, &c, but published and Publickly Stuck up at the 'Change, where a Country-fellow made his Remark on the Error, which occasion'd fresh Expresses to be dispatched to the [illegible] and Plantations abroad, at the additional Expense of £8000."

1759, October 23.

[Thanksgiving in England for Defeat of French.]

BY THE KING.

A PROCLAMATION

FOR A PUBLICK THANKSGIVING.

GEORGE R.

We do most devoutly and thankfully acknowledge the great Goodness and Mercy of Almighty God, who hath afforded Us his Protection and Assistance in the just War, in which, for the common Safety of Our Realms, and for disappointing the boundless Ambition of France, We are now engaged; and hath given such signal Successes to Our Arms, both by Sea and Land, particularly by the Defeat of the French Army in Canada, and the Taking of Quebec; and who hath most seasonably granted Us at this Time an uncommonly plentiful Harvest: And therefore, duly considering that such great and publick Blessings do call for publick and solemn Acknowledgments, We have thought fit, by and with the Advice of Our Privy Council, to issue this Our Royal Proclamation, hereby appointing and commanding, That a General Thanksgiving to Almighty God, for these His Mercies, be observed throughout Our Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, upon Thursday the Twenty ninth Day of November next. And, for the better and more religious and orderly Solemnizing the same, We have given Directions to the most Reverend the Archbishops, and the Right Reverend the Bishops of England, to compose a Form of Prayer suitable to this Occasion, to be used in all Churches and Chapels, and other Places of Publick Worship, and to take Care for the timely dispersing thereof throughout their respective Dioceses. And We do strictly charge and command, That the said publick Day of Thanksgiving be religiously observed by all Our loving Subjects, as they tender the Favour of Almighty God, and upon Pain of suffering such Punishment as We may justly inflict upon all such as shall contemn or neglect the Performance of so religious and necessary a Duty.

Given at Our Court at Kensington, the Twenty third Day of October, One thousand seven hundred and fifty nine, in the Thirty third Year of our Reign.

GOD SAVE THE KING.

London: Printed by Thomas Baskett, Printer to the King's most Excellent Majesty; and by the Assigns of Robert Baskett. 1759.

_1 p. folio. Only copy found in Mass. Historical Society. Entered on Patent Rolls; entered in Privy Council Register, II Geo., vol. 18, p. 170. Printed in "London Gazette," October 27, 1759. It was ordered by the Privy Council that the Thanksgiving should also be celebrated in Ireland, and a proclamation with practically the same wording was issued by the Lord Lieutenant and Council of Ireland, October 30, 1759. A printed copy of this latter proclamation is in the Dublin Public Record Office._

1759, October 23.

[Thanksgiving in Scotland for Defeat of French.]

BY THE KING.

A PROCLAMATION

FOR A PUBLICK THANKSGIVING.

GEORGE R.

We do most devoutly and thankfully acknowledge the great Goodness and Mercy of Almighty God who hath afforded Us his Protection and Assistance in the just War in which for the common safety of Our Realms and for disappointing the boundless Ambition of France We are now engaged; and hath given such signal Successes to Our Arms both by Sea and Land particularly by the defeat of the French Army in Canada and the taking of Quebeck and who hath most seasonably granted Us at this time an uncommonly plentiful Harvest And therefore duly considering that such great and publick Blessings do call for publick and solemn Acknowledgments, We have thought fit by and with the Advice of Our Privy Council to issue this Our Royal Proclamation hereby appointing and commanding That a general Thanksgiving to Almighty God for these His Mercies be observed throughout that part of Our Kingdom of Great Britain called Scotland upon Thursday the Twenty Ninth day of November next. And we do strictly charge and command That the said Publick Thanksgiving be reverently and decently observed by all Our loving Subjects in Scotland on the said Twenty Ninth day of November next as they tender the favour of Almighty God and would avoid his Wrath and Indignation and upon pain of such Punishment as We may justly inflict upon all such as shall contemn or neglect the Performance of so religious a Duty. Our Will and Pleasure is therefore and We charge That incontinent this Our Proclamation seen Ye pass to the Market Cross of Edinburgh and all other Places needful and there in Our Name and Authority make Publication thereof that none pretend Ignorance And Our Will and Pleasure is That Our Sollicitor do cause printed Copies hereof to be sent to the Sherifs of the several Shires Stewarts of Stewarties and Baillies of Regalities and their Clerks whom We ordain to see the same published; And We appoint them to send Doubles thereof to the several Paroch Kirks within their Bounds that upon the Lords day immediately preceding the Day above mentioned the same may be published and read from the Pulpits immediately after Divine Service.

Given at Our Court at Kensington the twenty third day of October One Thousand Seven hundred and Fifty nine in the thirty third Year of Our Reign.

GOD SAVE THE KING.

_1 p. folio. Only printed copy noted by the editor was advertised for sale by the Museum Book Store of London in 1909, priced at £27. 10s. Entered on Patent Rolls; entered in Privy Council Register, II Geo., vol. 18, p. 171, from which this transcript was made. Printed in "London Gazette," October 27, 1759._

1760, October 27.

[Continuing Officers in the Colonies.]

BY THE KING.

A PROCLAMATION

DECLARING HIS MAJESTY'S PLEASURE FOR CONTINUING THE OFFICERS IN HIS MAJESTY'S PLANTATIONS TILL HIS MAJESTY'S PLEASURE SHALL BE FURTHER SIGNIFIED.

GEORGE R.

Whereas by an Act of Parliament made in the Sixth Year of the late Queen Anne, of blessed Memory, intituled, "An Act for the Security of her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line," it was enacted (amongst other Things) That no Office, Place, or Employment, Civil or Military, within any of her said late Majesty's Plantations, should become void by Reason of the Demise or Death of her said late Majesty, her Heirs, or Successors, Kings or Queens of this Realm; but that the Person and Persons in any of the Offices, Places, or Employments aforesaid, should continue in their respective Offices, Places, and Employments, for the Space of Six Months next after such Death or Demise, unless sooner removed and discharged by the next in Succession to whom the Crown of this Realm should come, remain, and be, according to the several Acts of Parliament for limiting and settling the Succession of the Crown, as by the said recited Act may appear; And in regard it may happen, that Our Pleasure may not, within the said Time, be declared, touching the said Offices, Places, and Employments, in Our Foreign Plantations, which will, at the End of the said Six Months, become void; We, for preventing the Inconveniences that may happen thereby, in Our princely Wisdom and Care of the State (reserving to Our Judgement hereafter the Reformation and Redress of any Abuses in the Execution of any such Offices, Places, and Employments, upon due Knowledge and Examination thereof) have thought fit, with the Advice of Our Privy Council, to issue this Our Royal Proclamation, and do hereby order, signify, and declare, That all Persons that, at the Time of the Decease of Our late Royal Grandfather King George the Second, of glorious Memory, were duly and lawfully possessed of, or invested in, any Office, Place, or Employment, Civil or Military, in any of Our Plantations, and which have not been since removed from such their Offices, Places, or Employments, shall be, and shall hold themselves continued in the said Offices, Places, and Employments, as formerly they held and enjoyed the same, until Our Pleasure be further known, or other Provision be made, pursuant to the Commissions and Instructions of Our said late Royal Grandfather, to His Governors and Officers of the Plantations aforesaid; and that in the mean time, for the Preservation of the Peace, and necessary Proceedings in Matters of Justice, and for the Safety and Service of the State, all the said Persons, of whatsoever Degree or Condition, do not fail every one severally, according to his Place, Office, or Charge, to proceed in the Performance and Execution of all Duties thereunto belonging, as formerly appertained unto them, during the Life of Our said late Royal Grandfather: And further, We do hereby will and command all and singular Our Subjects in the said Plantations, of what Estate or Degree they, or any of them, be, to be aiding, helping, and assisting, at the Commandment of the said Officers, in the Performance and Execution of the said Offices and Places, as they tender Our Displeasure, and will answer the contrary at their utmost Perils.

Given at Our Court at Saville House, the Twenty Seventh Day of October, 1760, in the First Year of Our Reign.

GOD SAVE THE KING.

_No printed copy found. Entered on Patent Rolls; in Crown Office Docquet Book, vol. II, where it is dated October 25; and in Privy Council Register, III Geo., vol. 1, p. 11. Printed in "London Gazette," October 13, 1761, from which this transcript was made._

1763, October 7.

[Establishing New Governments in America.]

BY THE KING.

A PROCLAMATION

GEORGE R.

Whereas We have taken into Our Royal Consideration the extensive and valuable Acquisitions in America, secured to Our Crown by the late Definitive Treaty of Peace, concluded at Paris the Tenth Day of February last;[1] and being desirous, that all Our loving Subjects, as well of Our Kingdoms as of Our Colonies in America, may avail themselves, with all convenient Speed, of the great Benefits and Advantages which must accrue therefrom to their Commerce, Manufactures, and Navigation; We have thought fit, with the Advice of Our Privy Council, to issue this Our Royal Proclamation,[2] hereby to publish and declare to all Our loving Subjects, that We have, with the Advice of Our said Privy Council, granted Our Letters Patent under Our Great Seal of Great Britain, to erect within the Countries and Islands ceded and confirmed to Us by the said Treaty, Four distinct and separate Governments, stiled and called by the Names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows; viz.

First. The Government of Quebec, 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 St. John to the South End of the Lake nigh Pissin;[3] from whence the said Line crossing the River St. Lawrence and the Lake Champlain in Forty five 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.

Secondly. The Government of East Florida, bounded to the Westward by the Gulph of Mexico, and the Apalachicola River; to the Northward, by a Line drawn from that Part of the said River where the Chatahouchee and Flint Rivers meet, to the Source of St. Mary's River, and by the Course of the said River to the Atlantick Ocean; and to the Eastward and Southward, by the Atlantick Ocean, and the Gulph of Florida, including all Islands within Six Leagues of the Sea Coast.

Thirdly. The Government of West Florida, bounded to the Southward by the Gulph of Mexico, including all Islands within Six Leagues of the Coast from the River Apalachicola to Lake Pentchartrain; to the Westward, by the said Lake, the Lake Mauripas, and the River Mississippi; to the Northward, by a Line drawn due East from that Part of the River Mississippi which lies in Thirty one Degrees North Latitude, to the River Apalachicola or Chatahouchee; and to the Eastward by the said River.

Fourthly. The Government of Grenada, comprehending the Island of that Name, together with the Grenadines, and the Islands of Dominico, St. Vincents, and Tobago.

And, to the End that the open and free Fishery of Our Subjects may be extended to and carried on upon the Coast of Labrador and the adjacent Islands, We have thought fit, with the Advice of Our said Privy Council, to put all that Coast, from the River St. John's to Hudson's Streights, together with the Islands of Anticosti and Madelaine, and all other smaller Islands lying upon the said Coast, under the Care and Inspection of Our Governor of Newfoundland.

We have also, with the Advice of Our Privy Council, thought fit to annex the Islands of St. John's, and Cape Breton or Isle Royale, with the lesser Islands adjacent thereto, to Our Government of Nova Scotia.

We have also, with the Advice of Our Privy Council aforesaid, annexed to Our Province of Georgia all the Lands lying between the Rivers Altamaha and St. Mary's.

And whereas it will greatly contribute to the speedy settling Our said new Governments, that Our loving Subjects should be informed of Our Paternal Care for the Security of the Liberties and Properties of those who are and shall become Inhabitants thereof; We have thought fit to publish and declare, by this Our Proclamation, that We have, in the Letters Patent under Our Great Seal of Great Britain, by which the said Governments are constituted, given express Power and Direction to Our Governors of Our said Colonies respectively, that so soon as the State and Circumstances of the said Colonies will admit thereof, they shall, with the Advice and Consent of the Members of Our Council, summon and call General Assemblies within the said Governments respectively, in such Manner and Form as is used and directed in those Colonies and Provinces in America, which are under Our immediate Government; and We have also given Power to the said Governors, with the Consent of Our said Councils, and the Representatives of the People, so to be summoned as aforesaid, to make, constitute, and ordain Laws, Statutes, and Ordinances for the Publick Peace, Welfare, and Good Government of Our said Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England, and under such Regulations and Restrictions as are used in other Colonies: And in the mean Time, and until such Assemblies can be called as aforesaid, all Persons inhabiting in, or resorting to Our said Colonies, may confide in Our Royal Protection for the Enjoyment of the Benefit of the Laws of Our Realm of England; for which Purpose, We have given Power under Our Great Seal to the Governors of Our said Colonies respectively, to erect and constitute, with the Advice of Our said Councils respectively, Courts of Judicature and Publick Justice, within Our said Colonies, for the hearing and determining all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England, with Liberty to all Persons who may think themselves aggrieved by the Sentences of such Courts, in all Civil Cases, to appeal, under the usual Limitations and Restrictions, to Us in Our Privy Council.

We have also thought fit, with the Advice of Our Privy Council as aforesaid, to give unto the Governors and Councils of Our said Three New Colonies upon the Continent, full Power and Authority to settle and agree with the Inhabitants of Our said New Colonies, or with any other Persons who shall resort thereto, for such Lands, Tenements, and Hereditaments, as are now, or hereafter shall be in Our Power to dispose of, and them to grant to any such Person or Persons, upon such Terms, and under such moderate Quit-Rents, Services, and Acknowledgments as have been appointed and settled in Our other Colonies, and under such other Conditions as shall appear to Us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and Settlement of our said Colonies.

And whereas We are desirous, upon all Occasions, to testify Our Royal Sense and Approbation of the Conduct and Bravery of the Officers and Soldiers of Our Armies, and to reward the same, We do hereby command and impower Our Governors of Our said Three New Colonies, and all other Our Governors of Our several Provinces on the Continent of North America, to grant, without Fee or Reward, to such Reduced Officers as have served in North America during the late War, and to such Private Soldiers as have been or shall be disbanded in America, and are actually residing there, and shall personally apply for the same, the following Quantities of Lands, subject at the Expiration of Ten Years to the same Quit-Rents as other Lands are subject to in the Province within which they are granted, as also subject to the same Conditions of Cultivation and Improvement; viz.

To every Person having the Rank of a Field Officer, Five thousand Acres.--To every Captain, Three thousand Acres.--To every Subaltern or Staff Officer, Two thousand Acres.--To every Non-Commission Officer, Two hundred Acres.--To every Private Man, Fifty Acres.

We do likewise authorize and require the Governors and Commanders in Chief of all Our said Colonies upon the Continent of North America, to grant the like Quantities of Land, and upon the same Conditions, to such Reduced Officers of Our Navy, of like Rank, as served on Board Our Ships of War in North America at the Times of the Reduction of Louisbourg and Quebec in the late War, and who shall personally apply to Our respective Governors for such Grants.

And whereas it is just and reasonable, and essential to Our Interest and the Security of Our Colonies, that the several Nations or Tribes of Indians, with whom We are connected, and who live under Our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to, or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds; We do therefore, with the Advice of Our Privy Council, declare it to be Our Royal Will and Pleasure, that no Governor or Commander in Chief in any of Our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions; as also, that no Governor or Commander in Chief in any of Our other Colonies or Plantations in America, do presume, for the present, and until Our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantick Ocean from the West and North-West, or upon any Lands whatever, which, not having been ceded to, or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.

And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under Our Sovereignty, Protection, and Dominion, for the Use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three New Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West, as aforesaid; and We do hereby strictly forbid, on Pain of Our Displeasure, all Our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without Our especial Leave and Licence for that Purpose first obtained.

And We do further strictly enjoin and require all Persons whatever, who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described, or upon any other Lands, which, not having been ceded to, or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.

And whereas great Frauds and Abuses have been committed in the purchasing Lands of the Indians, to the great Prejudice of Our Interests, and to the great Dissatisfaction of the said Indians; in order therefore to prevent such Irregularities for the future, and to the End that the Indians may be convinced of Our Justice, and determined Resolution to remove all reasonable Cause of Discontent, We do, with the Advice of Our Privy Council, strictly enjoin and require, that no private Person do presume to make any Purchase from the said Indians of any Lands reserved to the said Indians, within those Parts of Our Colonies where We have thought proper to allow Settlement; but that if, at any Time, any of the said Indians should be inclined to dispose of the said Lands, the same shall be purchased only for Us, in Our Name, at some publick Meeting or Assembly of the said Indians to be held for that Purpose by the Governor or Commander in Chief of Our Colonies respectively, within which they shall lie: and in case they shall lie within the Limits of any Proprietary Government, they shall be purchased only for the Use and in the Name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose: And We do, by the Advice of Our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all our Subjects whatever; provided that every Person, who may incline to trade with the said Indians, do take out a Licence for carrying on such Trade from the Governor or Commander in Chief of any of Our Colonies respectively, where such Person shall reside; and also give Security to observe such Regulations as We shall at any Time think fit, by Ourselves or by Our Commissaries to be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade; And We do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all Our Colonies respectively, as well Those under Our immediate Government as those under the Government and Direction of Proprietaries, to grant such Licences without Fee or Reward, taking especial Care to insert therein a Condition, that such Licence shall be void, and the Security forfeited, in Case the Person, to whom the same is granted, shall refuse or neglect to observe such Regulations as We shall think proper to prescribe as aforesaid.

And We do further expressly enjoin and require all Officers whatever, as well Military as those employed in the Management and Direction of Indian Affairs within the Territories reserved as aforesaid for the Use of the said Indians, to seize and apprehend all Persons whatever, who, standing charged with Treasons, Misprisions of Treason, Murders, or other Felonies or Misdemeanors, shall fly from Justice, and take Refuge in the said Territory, and to send them under a proper Guard to the Colony where the Crime was committed of which they stand accused, in order to take their Tryal for the same.

Given at Our Court at St. James's, the Seventh Day of October, One thousand seven hundred and sixty three, in the Third Year of Our Reign.

GOD SAVE THE KING.

London: Printed by Mark Baskett, Printer to the King's most Excellent Majesty; and by the Assigns of Robert Baskett. 1763.

_1 p. folio. Copies in Antiq., and P. C.; also in Mass. State Archives, and John Carter Brown Library. Entered on Patent Rolls; entered in Privy Council Register, III Geo., vol. 3, p. 102. Printed in "London Gazette," October 8, 1763, and in several of the colonial newspapers, as the "Providence Gazette," December 17, 1763; also in the "Annual Register," vi, 208, Knox, "New Collection of Voyages," 1767, ii, 265, and elsewhere._

FOOTNOTES:

[1] Text of treaty can be consulted in Chalmers' _Collection of Treaties_, i, 467.

[2] The events leading up to the issuing of this proclamation have been so thoroughly treated in C. W. Alvord's "Genesis of the Proclamation of 1763" in _Michigan Pioneer and Historical Collections_, vol. xxxvi, p. 20, and in C. E. Carter's _Great Britain and the Illinois Country_ (Prize Essay of the Amer. Hist. Assoc., 1910) that any explanatory notes in this place seem unnecessary.

[3] _Nipissim_ in proclamation as printed in the _London Gazette_.

1764, March 26.

[Colonizing Granada and other Islands.]

BY THE KING.

A PROCLAMATION.

GEORGE R.

Whereas We have taken into Our Consideration, the great Benefit which will arise to the Commerce of Our Kingdoms and the Interests of Our Subjects, from the speedy Settlement of Our Islands of Grenada, the Grenadines, Dominica, St. Vincent, and Tobago. We do therefore think fit, with the Advice of Our Privy Council, to issue this Our Royal Proclamation to publish and declare to Our loving Subjects, that We have, with the Advice of Our said Privy Council, given the necessary Powers and Directions for an immediate Survey and Division into proper Parishes and Districts, of such of the said Islands as have not hitherto been so surveyed and divided, and for laying out such Lands in the said Islands, as are in Our Power to dispose of, into Allotments for Plantations of different Size and Extent, according as the Nature of the Land shall be more or less adapted to the Growth of Sugar, Coffee, Cocoa, Cotton, or other Articles of beneficial Culture, reserving to Us, Our Heirs, and Successors, such Parts of the said Islands as shall be necessary for erecting Fortifications thereon, and for all other military Purposes, for Glebes for Ministers, Allotments for Schoolmasters, for Woodlands, High Roads, and all other publick Purposes; and also reserving such Lands in Our Islands of Dominica and St. Vincent, as, at the Time of the Surrender of those Islands, were and still are in the Possession of the French Inhabitants of those Islands, which Lands, it is Our Will and Pleasure should be granted to such of the said Inhabitants as shall be inclined to accept the same, upon Leases for Terms absolute, or for renewable Terms, upon certain Conditions and under proper Restrictions. And We do hereby further publish and declare, that the Allotments for Plantations in Our Islands of Grenada, the Grenadines, Tobago, and St. Vincent, shall contain to Three Hundred Acres, with some few Allotments in each Island of Five Hundred Acres; and that the Allotments in Our Island of Dominica, which is represented to be not so well adapted to the Cultivation of Sugar, and which from its Situation requires in Policy to be well peopled with White Inhabitants, shall be in general from Fifty to One Hundred Acres.

And whereas We have thought fit to declare to Our Parliament at the Opening of the present Session, Our Gracious Intention of reserving for the publick Use, whatever Sums shall be produced by the Sale of any of the Lands belonging to Us in the Islands of the West Indies, which were ceded to Us by the late Treaty; We do further publish and declare, that when these Allotments, or a sufficient Part of them, shall have been laid out, the same shall be set up to Sale by Auction, at a Price per Acre, to be fixed thereon by Commissioners appointed for that Purpose, under Our Great Seal of Great Britain, who shall give publick Notice of the Time and Place of such Sale.

And We do hereby further publish and declare, that the Lands so set up to Sale by Auction, shall not be sold, but upon the following Terms, and under the following Conditions and Reservations, that is to say,

That each Purchaser shall immediately pay into the Hands of such Person as We shall appoint to receive the same, Twenty per Cent. of the whole Purchase-Money.

That the Remainder of the Purchase-Money shall be paid by different Installments, viz. Ten per Cent. within the First Year after the Purchase, Ten per Cent. more within the Second Year after such Purchase, and Twenty per Cent. within every successive Year, until the Whole is paid.

That each Purchaser of Lands which have been cleared and improved, shall, within the Space of Three Months from the Date of the Grant, settle and constantly keep upon the Lot purchased, One White Man or Two White Women for every Hundred Acres contained in the said Lot; and, in Default thereof, shall be subject to the Payment of Twenty Pounds per Annum for every White Woman, and Forty Pounds for every White Man, that shall be wanting to compleat the Number.

That the Purchaser of uncleared Lands shall clear and cultivate One Acre in every Twenty in each Year, until Half the Land so purchased shall be cleared; and, in Default thereof, shall pay Five Pounds per Annum for every Acre not cleared, pursuant to such Condition; and such Purchaser shall also be obliged to settle and constantly keep upon the Lot so purchased, One White Man or Two White Women for every Hundred Acres, as the same shall be cleared.

That each Purchaser shall, besides the Purchase-Money, be subject to the Payment of an Annual Quit-Rent to Us, Our Heirs, and Successors, of Six-pence per Acre, under the Penalty of Five Pounds per Acre upon Non-payment thereof; such Quit-Rents, in the Case of the Purchase of cleared Lands, to commence from the Date of the Grant; and the first Payment to be made at the Expiration of the First Year; and in Case of the Purchase of the uncleared Lands, such Quit-Rents to commence at the Expiration of Twelve Months from the Time each Acre is cleared.

That in Case of Failure in the Payment of the Purchase-Money in the Manner above directed, the Purchaser shall forfeit all Right to the Lands purchased.

That no Person shall purchase at any publick Sale more than Five Hundred Acres of cleared or uncleared Lands, in the Islands of Grenada, and the Grenadines, Tobago, and St. Vincent's, and in the Island of Dominica the Quantity shall be restrained to Three Hundred Acres; and in Order to enforce this necessary and essential Regulation, that a Condition shall be inserted in every Grant, to be made in Consequence of such Purchase, that in Case any Purchase shall be made contrary thereto, so that the Property of the Purchaser in the Islands where the Lands lie, shall thereby amount to more than the above Quantity respectively, the same shall be void, the Money paid thereon forfeited, and the consequential Grant of no Effect.

That all and every Purchaser of Lands, upon the foregoing Terms and Conditions, shall immediately, upon the Payment of the first Twenty per Cent. of the Purchase-Money, receive a Bill of Sale, signed by the said Commissioners, which shall entitle such Purchasers to a Grant of the said Lands, under the Seal of the Islands, containing the aforementioned Conditions and Reservations: Which said Purchase, and Grant in Consequence thereof, duly registered in the proper Offices, shall be good and valid in Law against Us, Our Heirs and Successors, unless the same shall be revoked: And We do hereby declare the same revocable by Our Commissioners of Our Treasury, or Our High Treasurer for the Time being, within Twelve Months from the Date thereof; in which Case such Purchase and Grant shall become void and of no Effect; and upon Notice of such Revocation, the said Commissioners shall return to such Purchaser the Money paid upon the Purchase, with legal Interest thereon, and reasonable Allowance for any Improvements made on the said Lands.

And whereas the Establishing Towns in proper Situations, within the said Islands, will conduce greatly to the Convenience of the Inhabitants, and the Benefit of Trade and Commerce; We have therefore thought fit, with the Advice of Our Privy Council, to direct a proper District in every Parish in each Island, to be laid out for that Purpose, into Lots for Tenements of different Size and Extent; and each Town-Lot to have a proportionate Allotment of Land contiguous to such Town, for a small Field or Pasture, allowing one Acre for every ten Foot in Front of the Town-Lot to which it is to be annexed; but no Field-Lot to exceed the Quantity of Six Acres.

And We do hereby further publish and declare, that such of these Town and Pasture-Lots, in each Island, as consist of Lands, which have been already cleared and improved, shall be set up to Sale by publick Auction, at a Price per Foot in Front of each Town-Lot, and a Price per Acre of the Field-Lot, to be fixed upon such Lot, by the said Commissioners, in like Manner as upon the Allotments for Plantations.

And We do further publish and declare, that the Lots, so set up to Sale by Auction, shall not be sold but upon the following Terms and Conditions; that is to say,

That the Purchase-Money, shall be paid in the same Proportion, by the like Installments and upon the same Conditions as are required in the Case of the Purchase of Allotments for Plantations.

That each Tenement shall be charged with the Payment of an Annual Ground-Rent to Us, Our Heirs, and Successors, of One Penny per Foot in Front, and Sixpence per Acre, for each Acre of the Field annexed to such Tenement; the said Rents to commence at the Expiration of one Year from the Date of the Purchase, and the Purchaser to be liable to the same Penalties, in Case of Failure of the Payment of the Purchase-Money, and the Ground-Rent and Quit-Rent, as We have already required in respect to the Purchase of Allotments for Plantations.

And We do further publish and declare, that the Reservations, which We have directed to be made for Town and Pasture-Lots of uncleared Lands, shall be granted in Fee Simple by Our Governor in Chief, under the Seal of the Islands, to any Persons, who will give such Security as Our Commissioners shall approve, for building on such Town-Lots within a reasonable Time, to be fixed by Our said Commissioners; and also for Inclosing, Fencing, and properly Clearing for Pasture, the Fields that shall be granted with such Tenement.

And We do further publish and declare, that We have directed that no more than one Town-Lot be granted to any one Person, and that no more than Six Acres of Pasture-Land be annexed to such Town-Lot, whatever Number of Feet in Front it shall consist of.

That each Grantee shall be obliged, under proper Penalties, to the Payment of an Annual Ground-Rent to Us, Our Heirs, and Successors, of One Penny per Foot in Front of the Town-Lot for a Tenement, and Sixpence per Acre for each Acre of the Pasture-Lot; the first Payment to be made within two Years from the Date of the Grant.

And in order the more effectually to conduce to the Peopling Our said Islands with industrious White Inhabitants, upon which their Strength and Security do essentially depend; We have thought fit, with the Advice of Our said Council, to direct a Quantity of Land, not exceeding Eight Hundred Acres, to be reserved in such Parts of every Parish in each Island respectively, as are not adapted for Sugar Plantations, for the Accommodation of poor Settlers, to be divided into Lots, of not less than Ten, not more than Thirty Acres each; And we do hereby further publish and declare, that the said Allotments are to be granted in Fee Simple, under the Seal of Our said Islands, to such poor Protestants as shall apply for the same, in Proportion to their respective Abilities to cultivate the said Lands; and subject to the following Conditions; that is to say,

That each Grantee shall, at the Expiration of four Years from the Date of the Grant, pay a Quit-Rent to Us, Our Heirs, and Successors, of Six-pence per Acre, for every Acre then cleared, and a Penalty of Two Shillings per Acre, for every Acre of Land uncleared; which said Penalty of Two Shillings per Acre shall be reduced to Six-pence per Acre, as the Land shall be cleared; and in Case of Failure of such Rent and Penalty, the Grantee shall be subject to the further Penalty of the Payment of Five Pounds for every Acre, for which such Quit-Rent shall not be paid.

That each Grantee shall enter upon and occupy the Land within Three Months from the Date of the Grant; and shall continue to occupy and improve the same, for Twelve successive Months, from the Time of such first Settlement.

That the Lands shall, for the Space of Seven Years, be unalienable by Sale, nor shall the same be let, set or assigned over during the same Term, otherwise than to the Use and Benefit of any Child or Children of such original Settler, without especial licence in Writing first had and obtained, from the Chief Governor or Commander in Chief of Our said Islands for the Time being; and in Case of Failure or Default in either of the two last mentioned Conditions, the Grant to be void.

And We do hereby further publish and declare, that all Grants made of the said Allotments for poor Settlers, as also all Grants made of Town and Pasture Lots of cleared and uncleared Lands, shall be absolute and final.

That in all Grants to be made of Allotments for Plantations and Town and Pasture Lots, and of Lands for poor Settlers, there shall be a Reservation to Us, Our Heirs, and Successors of all Mines of Gold and Silver.

And We do further publish and declare, that the first Sale of Lands shall be in the Month of June next, if the Surveys can be made so soon; due Notice of which, as also of the Place of Sale, will be given by Our Commissioners appointed as aforesaid, for the Disposal of the said Lands.