The Labrador Boundary


Privy Council Documents


Volume II
Contents




         [20 April,
1775.]  


p. 474                                           C



No. 114.

Newfoundland.

COMMISSION PASSED UNDER THE GREAT SEAL OF GREAT BRITAIN.

APPROVING ROBERT DUFF TO BE GOVERNOR AND COMMANDER-IN-CHIEF IN AND OVER THE ISLAND OF NEWFOUNDLAND.



PATENT ROLL. 15 GEO. III. PART III. NO. 17.

Rear Admiral
Robert Duff Governor
of Newfoundland

George the Third by the Grace of God of Great Rear Admiral Britain ffrance and Ireland King Defender of the Robert Duff Governor ffaith &c To Our Trusty and Welbeloved Robert Duff Esquire Rear Admiral of the Blue Squadron of Our ffleet Greeting Whereas We did by Our Letters Patent under Our Great Seal of Great Britain bearing date at Westminster the Sixteenth day of March in the Twelfth Year of Our Reign constitute and appoint Molineux Shuldham Esquire to be Our Governor and Commander in Chief in and over Our Island of Newfoundland and all the Coast of Labrador from the Entrance of Hudsons Streights to the River Saint John, which discharges itself into the Sea nearly opposite to the West End of the Island of Anticosti including that Island with any other small Islands on the said Coast of Labrador and also the Islands of Madelaine in the Gulph of Saint Lawrence as also of all Our fforts and Garrisons Erected and established or that should be erected and established in Our Islands of Newfoundland Anticosti and Madelaine or on the Coasts of Labrador within the Limits aforesaid for and during Our Will and Pleasure as by the said Letters Patent relation being thereunto had may more fully and at large appear Now Know You that We have revoked and determined and made void and by these Presents do revoke determine and make void the said recited Letters Patent and every Clause Article and thing therein contained And We reposing especial Trust and Confidence in the Prudence Courage and Loyalty of You the said Robert Duff of Our Especial Grace certain knowledge and meer Motion have thought fit to constitute and appoint and by these Presents Do constitute and appoint You the said Robert Duff to be Our Governor and Commander in Chief in and over Our said Island of Newfoundland and of the Islands of Madelaine in the Gulph of Saint Lawrence as also of all Our fforts and Garrisons erected and established in Our said Islands of Newfoundland and Madelaine as aforesaid And We do hereby require

p. 475

and command You to do and execute all things in due manner that shall belong to your said Command and the Trust We have reposed in You according to the several Powers and Directions granted or appointed You by this present Commission and the Instructions either herewith given You or by such further Powers Instructions or Authorities as shall at any time hereafter be granted or appointed You under Our Signet and Sign Manual or by Our Order in Our Privy Council And We do further give and grant unto You the said Robert Duff full Power and Authority from time to time and at all times hereafter by Yourself or by any other to be authorized by You in that behalf to administer and give the Oaths mentioned in an Act passed in the ffirst Year of the Reign of King George the ffirst intituled [An Act for the further Security of his Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the Pretended Prince of Wales and his open and secret Abettors] as the same is altered and explained by an Act passed in the Sixth Year of Our Reign Intituled [An Act for altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the Seventh Year of her late Majesty Queen Anne Intituled An Act for the improvement of the Union of the two Kingdoms as after the time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons Indicted of High Treason or Misprision of Treason to and every such Person or Persons as You shall think fit who shall at any time or times pass into Our said Islands or shall be resident or abiding there And We do by these Presents give and grant unto You full Power and Authority to constitute and appoint Judges and in Cases requisite Commissioners of Oyer and Terminer for the hearing and determining of all Criminal Causes Treason Excepted according to Law and for awarding Execution thereupon with all reaonable and necessary Powers Authorities ffees and Priviledges belonging thereunto Justices of the Peace with other necessary Officers and Ministers for the better Administration of Justice and keeping the Peace and Quiet of the said Islands which Justices of the Peace so authorized may and shall hold and keep general Quarter Sessions of the Peace in such Places as You shall appoint according to the Custom of this Part of Great Britain called England and adjourn such Sessions from time to time and from Place to Place as shall be most convenient and necessary for the Peace and Welfare of Our Subjects inhabiting there Provided neither You nor they do anything by virtue of this Commission or the Powers hereby granted contrary or repugnant to the Act for encouraging the Trade to Newfoundland passed in the Tenth and Eleventh Years of the Reign of King William the Third nor any way obstruct the powers thereby given and granted to the Admirals of Harbours or Captains of Our Ships of War or any other matter or thing either Prescribed by the said Act or by such Instructions as You shall receive from Us as aforesaid And We do hereby give and grant unto You full Power and Authority when You shall see Cause or shall judge any Offender or Offenders in Criminal Matters or for any ffines or fforfeitures due unto Us fit Objects of Our Mercy to pardon all such Offenders and to remit all such Offences ffines and fforfeitures Wilful Murder only

p. 476

Excepted In which Case You shall likewise have Power upon extraordinary Occasions to grant Reprieves to the Offenders until and to the intent Our Royal Pleasure may be known therein and all such Justices of the Peace and their inferior Officers and Ministers whom you or they shall appoint amongst the Planters or Inhabitants resident and abiding there are strictly required and enjoyned in all Cases and times whenever necessary to be aiding and assisting to the utmost of their Power to the Commodore or Commander of Our Ships of War and to the several Admirals in their respective Harbours in putting in Execution the several good Rules and Orders prescribed by the said Act for encouraging the Trade to Newfoundland And provided also that no Person or Persons so by You appointed to be Justices of the Peace as aforesaid or other Officers or Ministers belonging or appertaining to them do presume or be suffered to Act in such Office or Place until he or they shall have taken the aforesaid Oaths mentioned in the aforesaid Act Intituled [An Act for the further Security of his Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the Pretended Prince of Wales and his open and secret Abettors] as the same is altered and explained by the said Act intituled [An Act for altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the Seventh Year of her late Majesty Queen Anne intituled An Act for the improvement of the Union of the two Kingdoms as after the time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason] as also made and subscribed the Declaration mentioned in an 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 happen from Popish Recusants] And also taken such proper Oath or Oaths as are usually taken in this Kingdom by Persons executing such Offices and Trusts which said Oaths and Declaration you shall administer and give or cause the same to be administered and given to all and every Person and Persons who ought to take the Same according to the Laws and Customs of this Kingdom And We do hereby give and grant unto You the said Robert Duff full Power to erect appoint and set apart one or more convenient Court house or Court Houses for the more Orderly Meeting of such Justices of the Peace in Order to hold such their Quarter or other Sessions with a convenient Prison adjoining thereto for the keeping of such Offenders as may be found necessary to be committed to safe Custody until such Court or Sessions can conveniently be held for trying and delivering Offenders against Our Laws and the Peace of Our Subjects And We do hereby require and command all Officers Civil and Military and all other Inhabitants of Our said Islands to be obedient aiding and assisting unto You in the Execution of this Our Commission and of the Powers and Authorities herein contained And in case of Your Death Our Will and Pleasure is that the Person upon whom the Command of Our Ships under Your Comand[sic] shall devolve do take upon him the Administration of the Government of Our said Islands and execute Our said Commission and Instructions and the several Powers and

p. 477

Authorities therein contained in the same manner to all intents and purposes as You Our said Governor and Comander in Chief might or ought to do for and during Our Will and Pleasure And We do hereby declare ordain and appoint that You the said Robert Duff shall and may hold and enjoy the Place of Our Governor and Commander in Chief in and over Our said Island of Newfoundland and of the Islands of Madelaine in the Gulph of Saint Lawrence as also of all Our fforts and Garrisons erected and established or that shall be erected and established in Our said Islands of Newfoundland and Madelaine as aforesaid 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 Twentieth day of April

By Writ of Privy Seal.    

[1927lab]


 

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