20/06/2006
History of New South Wales From the Records
VOLUME 1 - GOVERNOR PHILLIP 1783-1789G. B. Barton - 1889
PART III
Phillip's Commission
Arthur Phillip, Esq.,
Governor of New South Wales.George the Third by the Grace of God King of Great Britain France and Ireland Defender of the Faith &c. to our right trusty and well-beloved Councillor Edward Lord Thurlow Baron Thurlow our Chancellor of Great Britain, Greeting:-
WEE will and command that under our Great Seal of Great Britain (remaining in your custody) you cause these our letters to be made forth patent in form following: George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c.
To our trusty and well-beloved ARTHUR PHILLIP Esquire
Wee reposing especial trust and confidence in the prudence and courage and loyalty of you the said Arthur Phillip 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 Arthur Phillip to be our Captain-General and Governor-in-Chief in and over our territory called New South Wales extending from the Northern Cape or extremity of the coast called Cape York in the latitude of ten degrees thirty-seven minutes south to the southern extremity of the said territory of New South Wales or South Cape in the latitude of forty-three degrees thirty-nine minutes south and of all the country inland westward as far as the one hundred and thirty-fifth degree of east longitude reckoning from the meridian of Greenwich including all the islands adjacent in the Pacific Ocean within the latitudes aforesaid of ten degrees thirty-seven minutes south and forty-three degrees thirty-nine minutes south and of all towns garrisons castles forts and all other fortifications or other military works which may be hereafter erected upon the said territory or any of the said islands.
And Wee do hereby require and command you to do and execute all things in due manner that shall belong to your said command and trust Wee have reposed in you according to the several powers and directions granted or appointed you by this present Commission and the instructions and authorities herewith given to you or by such further powers instructions and authorities as shall at any time hereafter be granted or appointed you under our signet and sign manual or by our order in our Privy Council.
And our will and pleasure is that you the said Arthur Phillip after the publication of these our Letters Patent do in the first place take the oaths appointed to be taken by an Act passed in the first year of the reign of King George the First intituled An Act for the further security of his Majesty's 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 altered and explained by an Act passed in the sixth year of our reign intituled An Act for altering the oath of abjuration and the assurance and for amending so much of an Act of the seventh year of her late Majesty Queen Anne intituled An Act for the improvement of the Union of the two Kingdoms as after the time therein limitted requires the delivery of certain lists and copies therein mentioned to persons indicted of high treason or misprision of treason:
As also that you make use 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 arise from Popish Recusants.
And likewise that you take the usual oath for the due execution of the office and trust of our Captain-General and Governor-in-Chief in and over our said territory and its dependencies for the due and impartial administration of justice.
And further that you take the oath required to be taken by Governors in the plantations to do their utmost that the several laws relating to trade and the plantations be duly observed which said oaths and declaration our Judge-Advocate in our said territory is hereby required to tender and administer unto you and in your absence to our Lieutenant-Governor if there be any upon the place all which being duly performed you shall administer unto our Lieutenant-Governor if there be any upon the place and to our Judge-Advocate the oaths mentioned in the first recited Act of Parliament altered as above, as also cause them to make and subscribe the aforementioned declaration.
And Wee do hereby authorise and empower you to keep and use the public seal which will be herewith delivered to you or shall be hereafter sent to you for sealing all things whatsoever that shall pass the Great Seal of our said territory and its dependencies. Wee do further give and grant unto you the said Arthur Phillip full power and authority from time to time and at any time hereafter by yourself or by any other to be authorised by you in that behalf to administer and give the oaths mentioned in the said first-recited Act of Parliament altered as above to all and every such person or persons as you shall think fit who shall at any time or times pass into our said territory or its dependencies or shall be resident or abiding therein.
And Wee do hereby authorise and empower you to constitute and appoint justices of the peace coroners constables and other necessary officers and ministers in our said territory and its dependencies for the better administration of justice and putting the law in execution, and to administer or cause to be administered unto them such oath or oaths as are usually given for the execution and performance of offices and places.
And Wee 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 fine or fines or forfeitures due unto us fit objects of our mercy to pardon all such offenders and to remit all such offences fines and forfeitures treason and wilful murder only excepted in which cases 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 whereas it belonged to us in right of our Royal Prerogative to have the custody of ideots and their estates and to take the profits thereof to our own use finding them necessaries and also to provide for the custody of lunaticks and their estates without taking the profits thereof to our own use.
And whereas while such ideots and lunaticks and their estates remain under our immediate care great trouble and charges may arise to such as shall have occasion to resort unto us for directions respecting such ideots and lunaticks and their estates Wee have thought fit to entrust you with the care and committment of the custody of the said ideots and lunaticks and their estates and Wee do by these presents give and grant unto you full power and authority without expecting any further special warrant from Us from time to time to give order and warrant for the preparing of grants of the custodies of such ideots and lunaticks and their estates as are or shall be found by inquisitions thereof to be taken by the Judges of our Court of Civil Jurisdiction and thereupon to make and pass grants and committment under our Great Seal of our said territory of the custodies of all and every such ideots and and lunaticks and their estates to such person or persons suitors in that behalf as according to the rules of law and the use and practice in those and the like cases you shall judge meet for that trust the said grants and committments to be made in such manner and form or as nearly as may be as hath been heretofore used and accustomed in making the same under the Great Seal of Great Britain and to contain such apt and convenient covenants provisions and agreements on the parts of the committees and grantees to be performed and such security to be by them given as shall be requisite and needful.
And Wee do hereby give and grant unto you the said Arthur Phillip by yourself or by your captains or commanders by you to be authorised full power and authority to levy arm muster and command and employ all persons whatsoever residing within our said territory and its dependencies under your government and as occasion shall serve to march from one place to another or embark them for the resisting and withstanding of all enemies pirates and rebels both at sea and land, and such enemies pirates and rebels if there shall be occasion to pursue and prosecute in or out of the limits of our said territory and its dependencies and (if it shall so please God) them to vanquish apprehend and take and being so taken according to law to put to death or keep and preserve alive at your discretion.
And to execute martial law in time of invasion or other times when by law it may be executed and to do and execute all and every other thing and things which to our Captain-General and Governor-in-Chief doth or ought of right to belong.
And Wee do hereby give and grant unto you full power and authority to erect raise and build in our said territory and its dependencies such and so many forts and platforms castles cities boroughs towns and fortifications as you shall judge necessary and the same or any of them to fortify and furnish with ordnances and
ammunition and all sorts of arms fit and necessary for the security and defence of the same or any of them to demolish or dismantle as may be most convenient.And forasmuch as divers mutinies and disorders may happen by persons shipped and employed at sea during the time of war and to the end that such as shall be shipped and employed at sea during the time of war may be better governed and ordered Wee do hereby give and grant unto you the said Arthur Phillip full power and authority to constitute and appoint captains lieutenants masters of ships and other commanders and officers and to grant to such captains lieutenants masters of ships and other commanders and officers commissions to execute the law martial during the time of war according to the directions of an Act passed in the twenty-second year of the reign of our late royal grandfather intituled An Act for explaining amending and reducing into one Act of Parliament the laws relating to the government of his Majesty's ships vessels and forces by sea as the same is altered by an Act passed in the nineteenth year of our reign intituled An Act to explain and amend an Act made in the twenty-second year of the reign of his late Majesty King George the Second intituled An Act for amending explaining and reducing into one Act of Parliament the laws relating to the government of his Majesty's ships vessels and forces by sea and to use such proceedings authorities punishments corrections executions upon any offender or offenders who shall be mutinous seditious disorderly or any way unruly either at sea or during the time of their abode or residence in any of the ports harbours or bays of our said territory as the case shall be found to require according to martial law and the said directions during the time of war as aforesaid.
Provided that nothing herein contained shall be construed to the enabling you or any by your authority to hold plea or have any jurisdiction of any offence cause matter or thing committed or done upon the high sea or within any of the havens rivers or creeks of our said territory and its dependencies under your Government by any captain commander lieutenant master officer seaman soldier or other person whatsoever who shall be in actual service in pay in or on board any of our ships-of-war or other vessels acting by immediate commission or warrant from our Commissioners for executing the office of our High Admiral of Great Britain for the time being under the seal of our Admiralty:
But that such captain commander lieutenant master officer seaman soldier or other person so offending shall be left to be proceeded against and tried as the merits of their offences shall require either by commission under our Great Seal of Great Britain as the statute of the twenty-eighth of Henry the Eighth directs or by commission from our Commissioners for executing the office of our High Admiral of Great Britain or from our High Admiral of Great Britain for the time being according to the aforesaid Act intituled An Act for amending explaining and reducing into one Act of Parliament the laws relating to the Government of his Majesty's ships vessels and forces by sea as the same is altered by an Act passed in the nineteenth year of our reign intituled An Act to explain an Act made in the twenty-second year of his late Majesty King George the Second intituled An Act for amending explaining and reducing into one Act of Parliament the laws relating to the Government of his Majesty's ships vessels and forces by sea.
Provided nevertheless that all disorders and misdemeanours committed on shore by any captain commander lieutenant master officer seaman soldier or any other person whatsoever belonging to officers or any of our ships-of-war or other vessels acting by immediate commission or warrant from our commissioners for executing the office of our High Admiral of Great Britain or from our High Admiral of Great Britain for the time being under the seal of our Admiralty may be tried and punished according to the laws of the place where any such disorders offences and misdemeanours shall be committed on shore, notwithstanding such offender be in our actual service and borne in our pay on board any such our ships-of-war or other vessels acting by immediate commission or warrant from our Commissioners for executing the office of our High Admiral of Great Britain or from our High Admiral of Great Britain for the time being as aforesaid, so as he shall not receive any protection for the avoiding of justice for such offences committed on shore from any pretence of his being employed in our service at sea.
Our will and pleasure is that all public monies which shall be raised be issued out by warrant from you and disposed of by you for the support of the Government or for such other purpose as shall be particularly directed and not otherwise.
And Wee do hereby likewise give and grant unto you full power and authority to agree for such lands tenements and hereditaments as shall be in our power to dispose of and them to grant to any person or persons upon such terms and under such moderate quit-rents services and acknowledgements to be thereupon reserved unto us according to such instructions as shall be given to you under our sign manual which said grants are to pass and be sealed by our seal of our said territory and its dependencies and being entered upon record by such officer or officers as you shall appoint thereunto shall be good and effectual in law against us our heirs and successors.
And Wee do hereby give you the said Arthur Phillip full power to appoint fairs marts and markets as also such and so many ports harbours bays havens and other places for conveniency and security of shipping and for the better loading and unloading of goods and merchandizes as by you shall be thought fit and necessary.
And Wee do hereby require and command all officers and ministers civil and military and all other inhabitants of our said territory and its dependencies to be obedient aiding and assisting you the said Arthur Phillip in the execution of this our Commission and of the powers and authorities herein contained, and in case of your death or absence out of our said territory to be obedient aiding and assisting to such person as shall be appointed by us to be our Lieutenant-Governor or Commander-in-Chief of our said territory and its dependencies, to whom Wee do therefore by these presents give and grant all and singular the powers and authorities herein granted to be by him executed and enjoyed during our pleasure or until your arrival within our said territory and its dependencies.
And if upon your death or absence out of our said territory and its dependencies there be no person upon the place commissioned or appointed by us to be our Lieutenant-Governor or Commander-in-Chief of our said territory and its dependencies, our will and pleasure is that the officer highest in rank who shall be at the time of your death or absence upon service within the same, and who shall take the oaths and subscribe the declaration appointed to be taken and subscribed by you or by the Commander-in-Chief of our said territory and its dependencies, shall take upon him the administration, of the Government and execute our said Commission and Instructions and the several powers and authorities therein contained in the same manner and to all intents and purposes as other our Governor or Commander-in-Chief should or ought to do in case of your absence until your return or in all cases until our further pleasure be known therein.
And Wee do hereby declare ordain and appoint that you the said Arthur Phillip shall and may hold execute and enjoy the office and place of our Captain-General and Governor-in-Chief in and over our said territory and its dependencies together with all and singular the powers and authorities hereby granted unto you for and during
our will and pleasure.In witness &c.
Witness ourself at Westminster the second day of April in the twenty-seventh year of our reign.
By writ of Privy Seal.
20/06/2006
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