Our Great Seal of Great Britain, and of these Our Instructions to you, and according to such further Powers, Instructions and Authorities as you shall at any time hereafter receive under Our signet and sign manual, or by Our Order in Our Privy Council, or by Us through one of Our principal Secretaries of State.

2nd. [The Governor is to take at the Cape various oaths prescribed by Acts of Parliament.]

3rd. [The Governor is to administer oaths or take declarations from all persons appointed to places of trust or profit in the Colony.]

4th. It is Our Royal Will and Pleasure, That for the present, and until Our pleasure shall be further signified, the Temporary Administration of Justice and Police in the Settlement, should, as nearly as circumstances will permit, be exercised by you in conformity to the Laws and Institutions that subsisted under the antient Government of the said Settlement, subject to such Directions as you shall now or hereafter receive from Us, under Our signet or sign manual, or by Our Order in Our Privy Council, or from Us through one of our principal Secretaries of State, and to such Deviations, in consequence of sudden and unforeseen Emergencies, or to such Expedients and useful alterations as may render a Departure therefrom either absolutely necessary and unavoidable, or evidently beneficial and desirable, and which you are immediately to represent to one of Our Principal Secretaries of State for Our Information. But it is, nevertheless, Our especial Command that all the powers of Government within the said Settlement, as well Ĉivil as Military, shall be vested solely in you Our Governor, or in the person having the Government of the said Settlement for the time being, and that such powers as were heretofore exercised by any person or persons separately or in conjunction with the Governor of the said Settlement, shall belong solely to you Our Governor, or to the person having the Government of the said Settlement for the time being; And it is Our Will and Pleasure, that all public Acts and Judicial proceedings shall henceforth be done issued and performed in the name of the Governor, and shall, previous to their being published and put in execution, be signed by the Chief Secretary to the Government by the authority of the Governor or the person having the Government of the said Settlement for the time being.

5th. Whereas it has been represented to Us, That the practice of proceeding by Torture against persons suspected of Crimes, and of punishment after Conviction in many Capital Cases, by breaking upon the wheel and other barbarous modes of Execution, prevails in the said Settlement, It is Our Will

and Pleasure that you should wholly abolish these forms of Trial and Punishment, and provide other more lenient and equitable proceedings, which it is left to your Judgment and Discretion to establish and enforce in the said Settlement.

6th. [The Governor is to report fully on the establishments for the administration of justice and to recommend improvements where necessary.]

7th. Whereas from the Statements that have been laid before Us of the Financial System and Regulations established in the said Settlement, it appears to Us, that they are, in a high Degree, oppressive and vexatious, Our Will and pleasure therefore is, that you do make this Branch of the Publick administration one of the first objects of your attention, and that you do, without delay, afford Our subjects at the said Settlement such relief from the Fiscal oppressions under which they now labour, as you shall judge expedient, and particularly by abolishing monopolies, pre-emptions and exclusive privileges, and prohibitions and Restraints, to the free exercise of their Industry, either in Agriculture, Manufactures or other pursuits of interior Commerce, and establishing in lieu thereof such reasonable Duties or Taxes as shall appear to you expedient. And as the public Revenue of the said Settlement has been hitherto principally derived from these resources, or from others apparently grievous and injurious to the Interests and Prosperity of the said Settlement, We hereby require you to consider and carefully investigate this subject, and transmit a full and explicit Report thereon to one of Our principal Secretaries of State for Our Information, specifying, under distinct heads, the different Resources from which the Revenue was derived under the former Government, distinguishing those which shall have been abolished, and also the substitutes which shall have been established, or may, in your opinion, be established, and you will also transmit a Copy of this Report to Our High Treasurer, or The Lords Commissioners of Our Treasury for the time being, and also a Copy to the Committee of Our Privy Council for Trade and Plantations.

8th. Our Will and Pleasure is That the Revenue derived from the Annual Quit Rent paid by the Persons holding Lands granted to them by the Dutch Government shall continue to be collected, but that all arrears due anterior to the Capture of the Settlement by our Forces shall be remitted; And We hereby strictly require of you to take the necessary measures for ensuring hereafter a due regularity in the payment of the said Quit Rents, as the only means of preventing the Loss occasioned to the Revenue by the accumulation of such arrears, and if, in any case, the said Quit Rents should appear excessive and disproportioned to the means and Faculties of the Land

owners, We authorize you to grant such reductions as circumstances may appear to require.

9th. [The Governor is to send a full report on the paper money, observing how far it may be replaced by specie.]

10th. [The Governor is to send an account of the rules regulating the importation of slaves, the laws existing for their protection, etc., with his opinion as to the expediency of prohibiting such importation in future.]

11th. [The Governor and the Lieutenant-Governor are to form a court of appeal in civil cases. Vide document No. 65.]

12th. Our will and pleasure is, That all Orders, Regulations, or Laws, made by You or Our Lieutenant-Governor shall, when transmitted by You for Our Information, and for the signification of our pleasure thereon, be fairly abstracted in the margins, and accompanied with very full and particular observations, upon each of them,--that is to say-Whether the same is introductory to a new Order, Regulation or Law then before in being, and you are also to transmit in the fullest manner, the reasons and occasions for making such Orders, Regulations or Laws.

13th. You are to give Warrants under your hand for the issuing of public monies for all Services, and We do particularly require you to take care that regular accounts of all receipts and payments of public monies be duly kept, and that copies thereof, attested by you, be transmitted every half-year, or oftener if there should be occasion, to Our Commissioners of Our Treasury or to Our High Treasurer for the time being, and Duplicates thereof by the next conveyance; in which accounts shall be specified every particular sum raised or disposed of, to the end that We may take such measures as We may deem necessary for the Examination of the said accounts, and that We may be satisfied of the right and due application of the Revenues of the said Settlement, and with the probability of the increase or diminution of them under every head and article thereof.

14th. You shall not remit any Fines or 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 have received Our Directions thereon; but you may in the meantime suspend the payment of the said Fines and Forfeitures.

15th. And you are on every occasion to transmit to Us, through one of Our Principal Secretaries of State, with all convenient speed, a particular account of all new Establishments of Jurisdictions, Courts, Offices, and Officers, Powers

and Authorities, Fees and Privileges granted and settled within the said Settlement, as likewise an account of all the Expences (if any) attending the Establishment of the said Courts and Offices.

16th. [The Governor is to transmit a table of fees which he considers should be received by the Courts of Justice.]

17th. It is Our further Will and Pleasure, that all Commissions to be granted by you to any person or persons for exercising any Office or Duty, relating to the administration of Justice, or to the preservation of the public peace, or other necessary offices, be granted during pleasure only.

18th. [Justice must be administered impartially and without delay.]

19th. You shall not suffer any Person to execute more offices than one by Deputy.

20th. [The Governor is to draw up and transmit a table of custom-house dues which he may consider suitable for adoption at the ports.]

21st. 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 the said Settlement 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 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 to Us, through one of Our Principal Secretaries of State, 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 until Our further Directions be given therein.

22nd. [The Governor is to send a report on the Crown lands in the Colony, their nature, products, wealth in minerals, etc., and to recommend a manner of issuing grants of such lands on reasonable terms.]

23rd. [The Governor is to report on the rivers and harbours, observing how far any new fortifications would be necessary at the landing-places.]

24th. [The Governor is to report in how far the erection of fortifications in the interior is necessary for defence against the natives, and how the goodwill of the natives may be won and trade with them advanced.]

25th. Whereas the Establishment of proper regulations in matters of Ecclesiastical concern is an object of very great

Importance, it will be your indispensable Duty to take care that no arrangement in regard thereto be made, but such as may give full satisfaction to Our New Subjects, in every point in which they have a right to any indulgence on that head, and you are to permit liberty of Conscience, and the free exercise of Religious Worship, to all persons who inhabit and frequent the said Settlement, provided they be contented with a quiet and peaceable Enjoyment of the same, without giving offence or scandal to Government.

26th. [The Governor is to report his opinion as regards steps that may be taken for erecting and maintaining schools.]

27th. And it is Our further Will and Pleasure, That no person shall be allowed to keep a school in the said Settlement without your Licence first had and obtained, in granting which you are to pay the most particular attention to the morals and proper qualifications of the persons applying for

the same.

28th. And it is Our Will and Pleasure, that you, or, in your absence, Our Lieutenant-Governor, or the Person for the time being having the Government of the said Settlement, have the power of collating the Benefices, granting Licences for Marriages and Probates of Wills, commonly called the office of Ordinary, but it is our express Will and Pleasure, and you are hereby directed and required not to grant Deputations for the exercise of the said Powers, to any Person or Persons whatsoever in the said Settlement under your Government.

29th. [Annual returns must be transmitted showing the number of inhabitants, the state of the trade, agriculture and fisheries, and the number of ships employed at the settlement.] 30th. [The Governor is to act as Vice-Admiral of the settlement.]

31st. [His powers are restricted in the issuing of commissions to ships of war.]

32nd. [The Governor must proceed according to Acts of Parliament in trying persons for piracy.]

33rd. [He must report on the institutions of the Colony as they existed during the Dutch period.]

34th. [He must send returns of all ammunition and military stores in the Colony.]

35th. You are hereby particularly authorized and required, for the better security of the said Settlement, and for the maintenance of good order within the same, to raise such Troops therein, and to call out and embody such Companies of Corps of Militia as you shall judge necessary for that purpose, and fine or imprison such persons as refuse to be enrolled and to serve. With the same view of maintaining order and good Government, you are also authorized to