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
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
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]


 

Partnered Projects Government and Politics - Table of Contents Site Map Search Heritage Web Site Home