Page:History of New South Wales from the records, Volume 1.djvu/600

This page needs to be proofread.

476 PHILLIP'S 1787 No popery. Oath of office. Trade and Navigation laws. Public Sea). Power to administer oaths. Power to appoint Justices. To pardon and reprieve. As also that jou make use and subscribe the declaration men- tioned in an Act of Parliament made in the twenty-iifth year of the reign of King Charles the Second intituled An Act for pre- venting dangers which may arise from Popish Recusants. Ajid likewise that you take the usual oath for the due execution of the office and trust of our Captain-General and Govemor-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 here- after 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 officera and ministers in our said territory and its depend- encies 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 offendera until and to the intent our royal pleasure may be known therein. Digitized by Google