As also that you make use and subscribe the declaration mentioned in Act of Parliament made in the twenty-fifth year of the reign of King Charles the Second intituled "An Act for preventing dangers which may arise from Popish Recusants." 1787 2 April. No popery. And likewise that you take the usual oath for the due execution Oath of of the office and trust of our Captain-General and Governor-in- office. Chief in and over our said territory and its dependencies for the due and impartial administration of justice. And further that you take the oath required to be taken by Trade and navigation Governors in the plantations to do their utmost that the several laws. laws relating to trade and the plantations be duly observed. Which said oaths and declaration our Judge-Advocate in our said territory is hereby required to tender and administer unto you and in your absence to our Lieutenant-Governor if there be any upon the place. All which being duly performed you shall administer unto our Lieutenant-Governor if their be any upon the place and to our Judge-Advocate the oaths mentioned in the first-recited Act of Parliament altered as above as also cause them to make and subscribe the afore-mentioned declaration. And Wee do hereby authorize and empower you to keep and use the public seal which will be herewith delivered to you or shall be hereafter sent to you for sealing all things whatsoever that Public seal. shall pass the Great Seal of our said territory and its dependencies. Wee do further give and grant unto you the said Arthur Phillip full power and authority from time to time and at any time hereafter by yourself or by any other to be authorized by you in that behalf to administer and give the oaths mentioned in the said first- Power to recited Act of Parliament altered as above to all and every such administer person or persons as you shall think fit who shall at any time or times pass into our said territory or its dependencies or shall be resident or abiding therein. oaths. And Wee do hereby authorize and empower you to constitute and appoint justices of the peace coronors constables and other necessary officers and ministers in our said territory and its depend- Power to encies for the better administration of justice and putting the law appoint in execution and to administer or cause to be administered unto them such oath or oaths as are usually given for the execution and performance of offices and places. justices. and And Wee do hereby give and grant unto you full power and authority where you shall see cause or shall judge any offender or offenders in criminal matters or for any fine or fines or forfeitures due unto us fit objects of our mercy to pardon all such offenders and To pardon to remit all such offences fines and forfeitures treason and wilful murder only excepted in which cases you shall likewise have power upon extraordinary occasions to grant reprieves to the offenders reprieve. untill and to the intent our royal pleasure may be known therein. 1787 2 April. Lunatics. lunatics and And whereas it belongeth to us in right of our Royal Prerogative to have the custody of ideots and their estates and to take the profits thereof to our own use finding them necessaries and also to provide for the custody of lunaticks and their estates without taking the profits thereof to our own use. And whereas while such ideots and lunaticks and their estates remain under our immediate care great trouble and charges may arise to such as shall have occasion to resort unto us for directions respecting such ideots and lunaticks and their estates Wee have thought fit to entrust you with the care and committment of the custody of the said ideots and lunaticks and their estates and Wee do by these presents give and grant unto you full power and authority without expecting any further special warrant from us from time to time to give order and warrant for the preparing of Custody of grants of the custodies of such ideots and lunaticks and their their estates. estates as are or shall be found by inquisitions thereof to be taken by the Judges of our Court of Civil Jurisdiction and thereupon to make and pass grants and committments under our Great Seal of our said territory of the custodies of all and every such ideots and lunaticks and their estates to such person or persons suitors in that behalf as according to the rules of law and the use and practice in those and the like cases you shall judge meet for that trust the said Grants and grants and committments to be made in such manner and form or as nearly as may be as hath been heretofore used and accustomed in making the same under the Great Seal of Great Britain and to contain such apt and convenient covenants provisions and agreements on the parts of the committees and grantees to be performed and such security to be by them given as shall be requisite and needful. commit ments. Power to levy forces for defence. And Wee do hereby give and grant unto you the said Arthur Phillip by yourself or by your captains or commanders by you to be authorized full power and authority to levy arm muster and command and employ all persons whatsoever residing within our said territory and its dependencies under your government and as occasion shall serve to march from one place to another or to embark them for the resisting and withstanding of all enemies Pirates and pirates and rebels both at sea and land and such enemies pirates and rebels if there shall be occassion to pursue and prosecute in or out of the limits of our said territory and its dependencies and (if it shall so please God) them to vanquish apprehend and take and being so taken according to law to put to death or keep and preserve alive at your discretion. rebels. Martial law. And to execute martial law in time of invasion or other times when by law it may be executed and to do and execute all and every other thing and things which to our Captain-General and Governor-in-Chief doth or ought of right to belong. And Wee do hereby give and grant unto you full power and authority to erect raise and build in our said territory and its 1787 2 April. dependencies such and so many forts and platforms castles cities boroughs towns and fortifications as you shall judge necessary and the same or any of them to fortify and furnish Fortificawith ordnances and ammunition and all sorts of arms fit and tions. necessary for the security and defence of the same or any of them to demolish or dismantle as may be most convenient. And forasmuch as divers mutinies and disorders may happen by persons shipped and employed at sea during the time of war and to the end that such as shall be shipped and employed at sea during the time of war may be better governed and ordered Wee do hereby give and grant unto you the said Arthur Phillip full Naval discipline. power and authority to constitute and appoint captains lieutenants masters of ships and other commanders and officers and to grant to such captains lieutenants masters of ships and other commanders and officers commissions to execute the law-martial during the time of war according to the directions of an Act Martial law. passed in the twenty-second year of the reign of our late royal grandfather intituled "An Act for explaining amending and reducing into one Act of Parliament the laws relating to the government of his Majesty's ships vessels and forces by sea as the same is altered by an Act passed in the nineteenth year of our reign intituled an Act to explain and amend an Act made in the twenty-second year of the reign of his late Majesty King George the Second intituled an Act for amending explaining and reducing into one Act of Parliament the laws relating to the government of his Majesty's ships vessels and forces by sea." And to use such proceedings authorities punishments corrections Punishment executions upon any offender or offenders who shall be mutinous seditious disorderly or any way unruly either at sea or during the time of their abode or residence in any of the ports harbours or bays of our said territory as the case shall be found to require according to martial law and the said directions during the time of war as aforesaid. of offenders. tion where on the high seas. Provided that nothing herein contained shall be construed to the enabling you or any by your authority to hold plea or have any jurisdiction of any offence cause matter or thing committed or No jurisdiedone upon the high sea or within any of the havens rivers or offence creeks of our said territory and its dependencies under your committed Government by any captain commander lieutenant master officer seaman soldier or other person whatsoever who shall be in actual service in pay in or on board any of our ships of war or other vessels acting by immediate commission or warrant from our Commissioners for executing the office of our High Admiral of Great Britain or from our High Admiral of Great Britain for the time being under the seal of our Admiralty. But that such captain commander lieutenant master officer seaman soldier or other person so offending shall be left to be F 1787 2 April. Offenders seas to be tried by Commission. proceeded against and tried as the merits of their offences shall require either by commission under our Great Seal of Great Britain as the statute of the Twenty-eighth of Henry the Eighth on the high directs or by commission from our Commissioners for executing the office of our High Admiral of Great Britain or from our High Admiral of Great Britain for the time being according to the aforesaid Act intituled "An Act for amending explaining and reducing into one Act of Parliament the laws relating to the Government of his Majesty's ships vessels and forces by sea as the same is altered by an Act passed in the nineteenth year of our reign intituled "An Act to explain an Act made in the twenty-second year of his late Majesty King George the Second intituled An Act for amending explaining and reducing into one Act of Parliament the laws relating to the Government of his Majesty's ships vessels and forces by sea.' Offences committed officers or men belonging to the Navy to be dealt with on shore. Provided nevertheless that all disorders and misdemeanors comon shore by mitted on shore by any captain commander lieutenant master officer seaman soldier or any other person whatsoever belonging to any of our ships of war or other vessels acting by immediate commission or warrant from our Commissioners for executing the office of our High Admiral of Great Britain or from our High Admiral of Great Britain for the time being under the seal of our Admiralty may be tried and punished according to the laws of the place where any such disorders offences and misdemeanors shall be committed on shore notwithstanding such offender be in our actual service and borne in our pay on board any such our ships of war or other vessels acting by immediate commission or warrant from our Commissioners for executing the office of our High Admiral of Great Britain or from our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of justice for such offences committed on shore from any pretence of his being employed in our service at sea. Our will and pleasure is that all public monies which shall be raised be issued out by warrant from you and disposed of by you for the support of the Government or for such other purpose as shall be particularly directed and not otherwise. Public moneys. Power to grant land. And Wee do hereby likewise give and grant unto you full power and authority to agree for such lands tenements and hereditaments as shall be in our power to dispose of and them to grant to any person or persons upon such terms and under such moderate quit rents services and acknowledgments to be thereupon reserved unto us according to such instructions as shall be given to you under our sign manual which said grants are to pass and be sealed by our seal of our said territory and its dependencies and being entered upon record by such officer or officers as you shall appoint thereunto shall be good and effectual in law against us our heirs and successors. 1787 2 April. markets. And Wee do hereby give you the said Arthur Phillip full power to appoint fairs marts and markets as also such and so many ports harbours bays havens and other places for conveniency and To appoint security of shipping and for the better loading and unloading of fairs and goods and merchandizes as by you shall be thought fit and necessary. And Wee do hereby require and command all officers and ministers civil and military and all other inhabitants of our said territory and its dependencies to be obedient aiding and assisting you the said Arthur Phillip in the execution of this our commission and of the powers and authorities herein contained and in case of your death or absence out of our said territory to be obedient aiding and assisting to such person as shall be appointed by us to be our Lieutenant- General Governor or Commander-in-Chief of our said territory and its depenjucisdiction. dencies to whom Wee do therefore by these presents give and grant all and singular the powers and authorities herein granted to be by him executed and enjoyed during our pleasure or until your arrival within our said territory and its dependencies. for vacancy And if upon your death or absence out of our said territory and Provision its dependencies there be no person upon the place commissioned in office. or appointed by us to be our Lieutenant-Governor or Commanderin-Chief of our said territory and its dependencies our will and pleasure is that the officer highest in rank who shall be at the time of your death or absence upon service within the same and who shall take the oaths and subscribe the declaration appointed to be taken and subscribed by you or by the Commander-in-Chief of our said territory and its dependencies 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 same manner and to all intents and purposes as other our Governor or Commander-in-Chief should or ought to de in case of your absence until your return or in all cases untill our further pleasure be known therein. And Wee do hereby declare ordain and appoint that you the Term of said Arthur Phillip shall and may hold execute and enjoy the office. office and place of our Captain-General and Governor-in-Chief in and over our said territory and its dependencies together with all and singular the powers and authorities hereby granted unto you for and during our will and pleasure. In witness &c. Witness ourself at Westminster the second day of April in By writ of Privy Seal. THE ACT OF PARLIAMENT ESTABLISHING THE COLONY. (27 George III, 1787.) WHEREAS by an Act made and passed in the twenty-fourth year 24 Geo. III of his present Majesty's reign, intituled, An Act for the effectual c. 56. |