Appendix, D. Proclamation

For the satisfaction of the inhabitants and people of Java, the following provisions are made public, in testimony of the sincere disposition of the British government to promote their prosperity and welfare. The refusal of their late government to treat for their interests, although disabled by the events of war from affording them any further protection, has rendered the consequent establishment of the British authority unconditional. But an English government does not require the articles of a capitulation to impose those duties which are prompted by a sense of justice and a beneficent disposition. The people of Java are exhorted to consider their new connection with England as founded on principles of mutual advantage, and to be conducted in a spirit of kindness and affection.

Providence has brought to them a protecting and benevolent government; they will cheerfully perform the reciprocal duties of allegiance and attachment.

1. His Majesty's subjects in Java will be entitled to the same general privileges as are enjoyed by the natural-born subjects of Great Britain in India, subject to such regulations as now exist, or may hereafter be provided, respecting residence in any of the Honourable Company's territories.

2. They will have the same privilege and freedom of trade to and with all countries to the east of the Cape of Good Hope, and also with His Majesty's European dominions, as are possessed by natural-born subjects of Great Britain.

3. Dutch gentlemen will be eligible to all offices of trust, and will enjoy the confidence of government, according to their respective characters, conduct, and talents, in common with British-born subjects.

4. The vexatious system of monopoly, which is understood to have heretofore prevailed, in some instances to an oppressive and inconvenient extent, will be revised, and a more beneficial and politic principle of administration win be taken into consideration as soon, and to such extent, as full information on the subject can be obtained, as established usage and habit may admit, and as may be consistent with a due regard to the health and morals of the people.

5. The Dutch laws will remain provisionally in force, under the modifications which will be hereinafter expressed, until the pleasure of the supreme authorities in England shall be known; and it is conceived that no material alteration therein is to be apprehended.

The modifications to be now adopted are the following:

First. Neither torture nor mutilation shall make part of any sentence to be pronounced against criminals.

Secondly. When a British-born subject is convicted of any offence, no punishment shall be awarded against him, more severe than would be inflicted by the laws of England for the same crime. And in case of doubt concerning the penalty by English law, reference shall be made to the Honourable the Recorder of Prince of Wales' Island, whose report shall be a sufficient warrant for awarding the penalty stated by him to be agreeable to the laws of England. No sentence against any British-born subject, for any crime or misdemeanor, shall be carried into execution, until a report shall have been made to the lieutenant-governor.

Thirdly. No sentence of death against any person whatever shall be carried into execution, until report shall have been made to the lieutenant-governor.

Fourthly. The lieutenant-governor will have the power of remitting, moderating, or confirming, all penalties; excepting inconsiderable fines, short imprisonment, or slight corporal punishment.

Fifthly. British-born subjects shall be amenable to the jurisdiction of the Dutch tribunals, and to the Dutch laws in all cases of civil complaint or demands, whether they be plaintiffs or defendants.

Sixthly. All British-born subjects shall be subject to the regulations of police, and to the jurisdiction of the magistrates charged with the execution thereof, and with the maintenance of the peace and of public tranquillity and security.

Seventhly. All persons belonging to or attached to the army, who are by their condition subject to military law, shall, for the present, be tried for any crimes they may commit only by courts-martial, unless sent by the military authorities to civil courts.

Eighthly. It being necessary in all countries that a power should exist of forming regulations in the nature of legislative provisions, adapted to change of circumstances, or to meet any emergency that may arise, and the great distance of the British authorities in Europe rendering it expedient that the said power should, for the present, reside in some accessible quarter, it is declared, that the lieutenant-governor shall have full power and authority to pass such legislative regulations, as, on deliberation, and after due consultation and advice, may appear to him indispensably necessary, and that they shall have the full force of law. But the same shall be immediately reported to the governor-general in council in Bengal, together with the lieutenant-governor's reasons for passing the said regulation, and any representations that may have been submitted to him against the same; and the regulations so passed will be confirmed or disallowed by the governor-general in council with the shortest possible delay. The mode in which the lieutenant-governor shall be assisted with advice will hereafter be made known, and such regulations will hereafter be framed as may be thought more conducive to the prompt, pure, and impartial administration of justice, civil and criminal.

Regulations respecting the paper currency, as well as the relative value of coins circulating in Java, will be published in a separate paper of this date.

Done at Molenvliet, the 11th September, 1811.
By His Excellency the Governor-General of British India.

(Signed) MINTO.