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.
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
Co itted
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
men ons
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 Co and you to do and Execute all
p. 1839
things in due manner that shall belong to your said
Co and
and the Trust
wee have reposed in you according to the several powers and
Direc ons
Granted or appointed you by this present
Co ission
and the
Instruc ons
either herewith given to you or by such further Powers
Instru cons
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 Co ission
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
Instru cons
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
Co anders
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
men oned
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
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men oned
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
Co ission
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
Co ission and
Instru cons
and the several Powers and Authorities therein contained in the same manner to all intents and purposes
as you Our said Governor and
Co ander
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
Co ander
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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