The Labrador Boundary


Privy Council Documents


Volume IV
Contents




[31 May,
1729.]

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p. 1838                                  C



No. 758.

COMMISSION PASSED UNDER THE GREAT SEAL OF GREAT BRITAIN

APPOINTING HENRY OSBORNE TO BE GOVERNOR AND COMMANDER-IN-CHIEF IN AND OVER THE ISLAND OF NEWFOUNDLAND.



PATENT ROLL, 2 GEO. II., PART 3, NO 2.

D Con Osborn
Ar Coission

George the Second by the Grace of God &c. To Our Trusty and welbeloved Henry Osborne Esquire Coander of Our Ship the Squirrel Greeting whereas wee did by Our Letters Patents vnder our Great Seal of Great Britain

bearing date at Westminster the Eleventh day of September in the Second year of Our Reign Constitute and Appoint Richard Phillips Esquire Governour of Placentia in Newfoundland and our Captain General and Governor in Chief in and over Our Province of Nova Scotia or Accadie in America for and during Our will and pleasure And whereas wee have since thought it necessary for Our Service that Newfoundland Placentia and all other the fforts Islands and places thereunto belonging should be vnder the Government of one and the same Person and that a Governor should be appointed there to prevent the Great Irregularities Outrages Rapes ffelonies murthers and other heinous offences which are frequently Coitted in Our Island of Newfoundland and especially during the winter Season by wicked people for want of Proper Persons legally Authorized to restrain and Punish such Offenders Now know you therefore that wee have Revoked Determined and made void And by these presents do Revoke Determine and make void so much of the recited Letters Patents and every part Clause and Article therein contained so farr as the same menons or relates to the Government of our Garrison of Placentia or any other ffort Place or Part of Our said Island of Newfoundland or the fforts or Garrisons Erected or to be Erected thereon or any the People or Inhabitants abiding or resorting thereto  And reposing especial Trust and Confidence in the Prudence Courage and Loyalty of you the said Henry Osborn of Our especial Grace certain knowledge and meer mocon have thought fit to Constitute and appoint and by these presents do Constitute and appoint you the said Henry Osborne to be Our Governor and Commander in Chief in and over our said Island of Newfoundland Our fort and Garrison at Placentia and all other fforts and Garrisons Erected or to be Erected in that Island And wee do hereby require and Coand you to do and Execute all



p. 1839

things in due manner that shall belong to your said Coand and the Trust wee have reposed in you according to the several powers and Direcons Granted or appointed you by this present Coission and the Instrucons either herewith given to you or by such further Powers Instrucons or Authorities as shall at any time hereafter be Granted or appointed you vnder our Signet or Sign manual or by Our Order in Our Privy Council  And wee do further Give and Grant vnto you the said Henry Osborne full power and Authority from time* and at any time hereafter by your selfe or by any other to be Authorized by you in that behalfe to Administer and give the Oathes menconed in* Act passed in the first Year of Our late Royal ffathers Reign Entituled (An Act for the further Security of his maiesties Person and Government and the Succession of the Crown in the heires of the late Princess Sophia being Protestants and for Extinguish[ing] the hopes of the Pretended Prince of Wales and his open and Secret abettors) and to all and every such Person and Persons as you shall think* who shall at any time or times pass into our said Island or shall be resident or Abiding there And wee do by these presents Give and Grant vnto you full power and Authority to Constitute and Appoint Justices of the Peace with other necessary Officers and Ministers for the better Administracon of Justice and keeping the Peace and Quiet of the said Island 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 Custome of this part of Great Britain called England and to Adiourn such Session 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 you nor they do any thing by virtue of this Our Coission 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 warr or any other matter or thing either prescribed by the said Act or by such Instrucons as you shall receive from vs as aforesaid and all such Justices of the Peace and their Inferiour Officers and Ministers whom you or they shall Appoint amongst the Planters or Inhabitants resident and abiding there be Strictly required and enioyned in all Cases and times whenever necessary to be Aiding and Assisting to the vtmost of their Power to the Commadore or Coanders of Our Ships of warr and to the several Admirals in their respective harbours in putting in Execucon the several good Rules and Orders prscribed 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 Office or ministers belonging or Appertaining to them do presume or be suffered to Act in such Officers or place vntill he or they have taken the aforesaid Oaths menoned in the said Act (ffor the further Security of his majesties 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 also make and Subscribe the Declaracon



p. 1840

menoned in an Act of Parliament made in the five and twentieth year of the Reign of King Charles the Second Entituled (An Act for preventing Dangers which may happen from Papish Recusants) and also to take such Proper Oath or Oaths as are usally taken in this kingdom by persons Executing such Offices and Trusts which said Oathes and Declaracon you shall Administer and give or cause* same to be Administered and given to all and every Person and Persons who ought to take the same according to the laws and Customes of this kingdom And wee do hereby give and Grant vnto you the said Henry Osborn full power to Erect appoint and sett 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 adioyning thereto for the keeping of such Offenders as may be found necessary to be comitted to safe Custody vntill such Court or Sessions conveniently be held for trying and delivering Offenders against our Laws and the Peace of our Subiects And wee do hereby require and Command all Officers Civil and military and all other Inhabitants of Our said Island to be Obedient Aiding and Assisting vnto you in the Execution of this Our Coission and of the Powers and Authorities herein contained And in Case of your Death Our will and pleasure is that William Coalsett first lievtenant of Our Ship the Oxford or the first lievtenant of Our said Ship for the time being do take vpon him the Administracon of the Government of Our said Island and Execute our said Coission and Instrucons and the several Powers and Authorities therein contained in the same manner to all intents and purposes as you Our said Governor and Coander in Chief might or ought to do for and during Our will and pleasure And wee do hereby Declare Ordain and appoint that you the said Henry Osborne shall and may hold Execute and Enioy the Place of Our Governor and Coander in Chief in and over our said Island of Newfound[land] with all and Singular the Powers and Authorities hereby Granted vnto you for and during Our Will and pleasure In Witness &c Witness Caroline Queen of Great Britain &c Guardian of the said Realm at Westminster the one and Thirtieth day of May

                                                         By Writt of Privy Seal

[1927lab]


 

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