p. 1844 C
No. 761.
COMMISSION PASSED UNDER THE GREAT SEAL OF GREAT BRITAIN
APPOINTING
FRANCIS
WM.
DRAKE TO BE
GOVERNOR AND
COMMANDER-IN-CHIEF IN AND OVER THE
ISLAND OF
NEWFOUNDLAND.
PATENT
ROLL,
23 GEO.
II., PART
IV., NO
4.
ffrancis William Drake
Governor of Newfoundland
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George the Second by the Grace of God of Great Britain ffrance and Ireland King Defender of the
ffaith &c To our Trusty and Welbeloved
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ffrancis William Drake Esquire Greeting
Whereas We did by our Letters Patents under our Great Seal of
Great Britain bearing date at Westminster the Twenty sixth day
of January in the Twenty third Year of Our Reign Constitute and
Appoint You the said ffrancis William Drake to be our Governor and
Commander in Chef in and over our Island of Newfoundland in America
our ffort and Garrison at Placentia and all other fforts and Garrisons Erected
and to be Erected in that Island for and during our Will and Pleasure as by
the same Letters patent relation being thereunto had may more fully and at
large appear Now Know You that We have Revoked 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 ffrancis William Drake 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 ffrancis William
Drake to be our Governor and Commander in Chief in and over our said
Island of Newfoundland Our ffort and Garrison at Placentia and all other
fforts and Garrisons Erected or to be Erected in that Island And We do
hereby require 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
to You or by such further powers Instructions or Authorities as shall at any
time hereafter be Granted or Appointed You under our Signet or Sign Manual
or by Our Order in our Privy Council And We do further Give and Grant
unto You the said ffrancis William Drake full Power and authority from time
p. 1845
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 first Year of our late Royal ffathers Reign Entituled (An Act
for 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) to all and every such Person and Persons as
You shall think fit who shall at any time [or times] pass into our said Island
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 reasonable and necessary
powers authorities flees 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 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 Custom of this part of Great Britain called England and to Adjourn
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 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 where you
shall see cause or shall Judge any Offender or Offenders in Criminal matters
or for any ffines or forfeitures due unto Us fit Objects of our Mercy to Pardon
all such Offenders and to remit all such Offences ffines and forfeitures Wilful
Murder only 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 Inferiour 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 have taken the aforesaid Oaths mentioned in the said Act
p. 1846
for the further Security of his Majestys 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 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 Entituled 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 ffrancis William Drake 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 adjoyning for* 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 Island 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 Command shall
devolve do take upon him the Administration of the Government of our said
Island and Execute our said Commission and Instructions and the several
powers and authorities therein contained in the same manner to all intents
and purposes as You our said Governor and Commander 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 ffrancis William Drake shall and may
hold Execute and Enjoy the Place of the* Governor and Commander in Chief
in and over our said Island of Newfoundland with all and singular the Powers
and Authorities hereby Granted unto You for and during our Will and Pleasure
In Witness &c Witness &c the Twenty third day of April in the Twenty third
Year of our Reign.
By Writ of Privy Seal
[1927lab]
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