[Sections II-VIII make provision for enforcing the act and for extending its provisions to Ireland.]
IX. And it is hereby further enacted ..., That in case any sugar or paneles of the growth, produce or manufacture of any of the colonies or plantations belonging to or in the possession of his Majesty ..., which shall have been imported into Great Britain after the twenty-fourth day of June one thousand seven hundred and thirty-three, shall at any time within one year after the importation thereof, be again exported out of Great Britain, and that due proof be first made, by certificate from the proper officers, of the due entry and payment of the subsidies or duties charged or payable upon the importation thereof, together with the oath of the merchant or his agent importing and exporting the same, or in case such merchant or agent shall be one of the people called Quakers, by his solemn affirmation to the truth thereof, and that all other requisites shall be performed that are by law to be performed in cases where any of the said subsidies or duties are to be paid by any former statute, all the residue and remainder of the subsidy or duty, by any former act or acts of parliament granted and charged on such sugar or paneles as aforesaid, shall without any delay or reward be repaid to such merchant or merchants, who do export the same, within one month after demand thereof.[93]
[X. Rebate and bounty in England upon sugar refined from brown sugar imported from English colonies.]
101. The Duke of York's Charter for New York, March 12/22, 1663/4
O'Callaghan's Documents relating to the Colonial History of New York, II, 295-298.
This grant was made some months before the English were in actual possession of the territory. After the loss and recapture of the Province in 1673-1674, a second grant was issued by Charles II, practically identical with this one of 1664.
CHARLES the Second, ... [etc.] ... Know ye that we ... by these presents for us Our heirs and Successors Do Give and Grant unto our Dearest Brother James Duke of York his Heirs and Assigns All that part of the maine Land of New England[94] ... [detailed bounds, the Duke to pay yearly forty beaver skins, "when they shall be demanded, or within ninety days after">[. And We do further ... Grant unto our said Dearest Brother James Duke of York his Heirs, [etc] full and absolute power and authority to correct, punish, pardon, govern and rule all such the subjects of us Our Heirs and Successors who may from time to time adventure themselves into any the parts or places aforesaid or that shall or do at any time hereafter inhabit within the same, according to such Laws, Orders, Ordinances, Directions and Instruments as by our said Dearest Brother or his Assigns shall be established, And in defect thereof, in cases of necessity, according to the good discretions of his Deputies, Commissioners, Officers or Assigns respectively, as well in all causes and matters Capital and Criminal as civil both marine and others. So always as the said Statutes Ordinances and proceedings be not contrary to but as near as conveniently may be agreeable to the Laws, Statutes and Government of this Our Realm of England And saving and reserving to us our Heirs and Successors the receiving, hearing and determining of the Appeal and Appeals of all or any Person or Persons of in or belonging to the territories or Islands aforesaid in or touching any Judgment or Sentence to be there made or given[95] And further that it shall and may be lawful to and for our said Dearest Brother his Heirs and Assigns by these presents from time to time to nominate, make, constitute, ordain and confirm by such name or names stile or stiles as to him or them shall seem good and likewise to revoke, discharge, change and alter as well all and singular Governors, Officers and Ministers which hereafter shall be by him or them thought fit and needful to be made or used within the aforesaid parts and Islands And also to make, ordain and establish all manner of Orders, Laws, directions, instructions, forms and Ceremonies of Government and Magistracy fit and necessary for and Concerning the Government of the territories and Islands aforesaid, so always as the same be not contrary to the laws and statutes of this Our Realm of England but as near as may be agreeable thereunto ... And We do further ... Grant ... That it shall and may be lawful to and for the said James Duke of York his heirs and Assigns in his or their discretions from time to time to admit such and so many Person and Persons to trade and traffic unto and within the Territories and Islands aforesaid and into every or any part and parcel thereof and to have possess and enjoy any Lands or Hereditaments in the parts and places aforesaid, as they shall think fit, according to the Laws, Orders, Constitutions and Ordinances by Our said Brother his Heirs, Deputies, Commissioners and Assigns from time to time to be made and established ... and under such conditions, reservations, and agreements as Our said Brother his Heirs or Assigns shall set down, order, direct and appoint, and not otherwise....
[Observe the absence of any provision for participation by the settlers in lawmaking. The charter does not even contain the usual guarantee of the "rights of Englishmen," though the provision for appeals to English courts would secure such rights indirectly. Cf. American History and Government, § 109.]