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No. 800.

LIMITED COMMISSION OF THE PEACE, BY GOVERNOR SHULDHAM.



RECORD BOOK, ST. JOHN'S, NFLD.   VOL. 5, p. 79.

        By His EXCELLENCY MOLINEUX SHULDHAM, Esq., Governor &c.

        By virtue of the power and authority to me given by His Majesty's Letters made Patent, bearing date at Westminster the Sixteenth day of March, in the Twelfth year of the reign of Our Sovereign Lord George the Third, of Great Britain, France and Ireland, King Defender of the Faith &c. to constitute and appoint Justices of the Peace with other Officers and Ministers for the better administration of Justice and keeping the peace in the Island of Newfoundland in America. I do constitute and appoint you Edward White, Edward Langman, Charles Garland (4th August) Rob Grey, Nicholas Gill and 28 September James Brooks... ... ... ... ...Esquires His Majesty's Justices to keep the Peace in the District of Saint John's, Newfoundland, and to keep and cause to be kept all ordinances and statutes, made for the good of the Peace and for the conservation of the same ; and for the quiet rule and Government of the people in all and every the articles thereof in the said District (as well within liberties as without) according to the Force Form and effect of the same ; and to chastise and punish all persons offending against the Form of those ordinances and statutes, as shall be fit to be done, and to cause to come before you all those persons, who shall threaten any of the people in their persons, or in the burning of their houses, to find sufficient security for their Peace or for their good behavior towards His Majesty and the people, and if they shall refuse to find such security then to cause them to be kept safe in prison until they find such security. I have also appointed you or either of you the said Edward White, Edward Langman, Charles Garland, Robt. Grey, Nicholas Gill and James Brooks... ... ... ... ...Esquires His Majesty's Justices to enquire by the oath of good and lawful men of the District aforesaid, by whom the truth may be better known, of all and all manner of felonies, trespasses, forestallings, regratings, engrossings, and extortions whatsover, and of all and singular other misdeeds and offences, of which Justices of the Peace may and ought lawfully to enquire by whomsoever or howsoever done and perpetrated, which hereafter shall happen howsoever to be done or attempted in the District aforesaid, who have either gone or riddn or shall hereafter presume to go or ride in companies with armed force against the Peace and to the disturbance of the people, and also those who have lain in wait or shall hereafter presume to lay in wait to maim and kill His Majesty's people or the native savages of the said Island of Newfoundland. And also of all Inholders and of all and singular other persons who have offended or attempted or



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shall hereafter presume to offend and attempt in the abuse of Weights and Measures, or in the sale of Victuals against the form of the ordinances and statutes, or any of them in that behalf made for the common good of England and the people thereof in the District aforesaid ; also of all Sheriffs, Bailiffs, Stewards, Constables, Gaolers, and other Officers whatsoever, who in the execution of their Offices about the premisses, or any of them have unlawfully demeaned themselves or hereafter shall presume unlawfully to demean themselves, or have been, or hereafter shall be careless, remiss or negligent in the District aforesaid, and of all and singular articles and circumstances and all other things whatsover by whomsoever or howsoever done or perpetrated in the District, aforesaid or which hereafter shall happen howsoever to be attempted or done, in any wise more fully concerning the truth of the premisses or any of them and to inspect all indictments whatsoever so before you, or either of you taken or made, or taken before others late Justices of the Peace in the District aforesaid and not yet determined, and to make and constitute the process thereupon against all and singular persons so indicted or which hereafter shall happen to be indicted before you, until they be apprehended, or render themselves or be outlaws ; and to hear and determine all and singular the felonies, trespassings, forestallings, regratings, engrossings, extortions, unlawful assembles indictment aforesaid, and all and singular other premisses according to the laws and statutes of England, as in the like cases hath been used or ought to be done, and to chastise and punish the said persons offending and every of them for their offences by fines, ransoms, amercements, forfeitures or otherwise, as ought and hath been used to be done according to the laws and custom of England or the ordinances and statutes aforesaid. Provided always that if a cause of difficulty upon the determination of any of the premisses shall happen to arise before you, or either of you, or any Capital offences be brought before you, such as robberies, murders, and felonies, then you nor either of you do proceed to give judgment therein, but take care all persons guilty of such Offences be sent to the County Prison at St. John's, in order to take their Trials at the Asizes yearly to be held there. And therefore you and every of you are hereby required, that you diligently Intend keeping the Peace, Ordinances and Statutes and all and singular other the Premisses, and at certain days and places, which you or either of you as is aforesaid shall in that behalf appoint that you hold a Quarter Sessions of the Peace and that you hear and determine all and singular the premisses, and perform and fulfill the same in Form aforesaid, doing therein that which to Justice appertaineth, according to the Laws and Customs of England, saving to His Majesty the amercements and all other things to him thereof belonging, and by Virtue of these Presents at certain days and places, which you or either of you, as aforesaid, shall make known to them, you are required to cause to come before you, or either of you, as aforesaid such and as many good and lawful men of the District by whom the Truth of the Premisses may be better known and Enquired of. And FURTHERMORE you are hereby required and directed, to appoint at certain Times and Places as aforesaid of such of the Inhabitants



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and Planters, residing and abiding in the Winter in the District aforesaid a Proper number of Constables and other Ministers of Justice, as is necessary towards preserving the Peace and Quiet of His Majesty's Subjects.
        Provided always that you nor any such Person or Persons or other Officer or Minister so by you appointed, do presume or be suffered to act in such Offices untill he or they have taken the Oaths mentioned in the Act passed in the First Year of the Reign of King George the First Intituled an Act for the further security 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, and also to make and subscribe 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 have taken such proper Oath or Oaths as are usually taken in the Kingdom of Great Britain by Persons Executing such Offices and Trusts ; which Oaths and Declaration you are jointly hereby Authorized and Impowered to Administer and give to all and every Person and Persons that ought to take the same, according to the Laws and Customs of the Kingdom of Great Britain. And that you nor either of you do any thing by Virtue of these Presents 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 in any manner abstract the Power thereby Granted and Given to the Admirals of the Harbours or Captains of the ships of War, or any other matter or thing either prescribed by the said Act or by such Instructions as you shall receive from me : But that you or either of you and your Inferior Officers and Ministers, whom you shall appoint amongst the Planters or Inhabitants residing and abiding in the District aforesaid, be strictly required and enjoined in all Cases and Times wheresoever necessary, to be aiding and assisting to the utmost of their Power to the Commodore or Commander of His Majesty's Ships of War, and to the several Admirals in the respective Harbours, in putting in Execution the several good Rules and Orders prescribed by the said Act for Encouraging the Trade to Newfoundland. And I do strictly require all and singular the Planters and Inhabitants, of the District aforesaid, to be observant, aiding and assisting unto you and every one of you, and the Officers so by you appointed, in preserving the Peace and Executing the Power and Authority herein contained, as they will answer the contrary. Finally I have appointed you Edward White Esquire Keeper of the Rolls of the Peace, in the said District, and therefore you shall cause to be brought before yourself and your said Fellows, at the said Days and Places, the Writs, Precepts, Processes and Indictments aforesaid that the same may be Inspected and by a due course determined as aforesaid. In Witness whereof I have hereunto affixed my Hand & Seal, at Saint John's this 26th day of June 1772.
M. SHULDHAM.
        By His Excellency's Command,
                    E
DWD. BRAGG.

[1927lab]


 

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