Page:History of New South Wales from the records, Volume 1.djvu/665

COURT. 541 Or you the said Andrew Millar Esquire, Commissary of Stores 1787 and Provisions in the said territory called New South Wales, or the Commissary of Stores and Provisions for the time being, Or you the said Augustus Alt Esquii-e, Surveyor of Lands in the said territory called New South Wales, or the Surveyor of Lands in the said territory for the time being, Or you the said John Hunter Esquire, second Captain of our ship Sirius, William Bradley Esquire, first Lieutenant, Philip Gidley King Esquire, second Lieutenant, and George William Maxwell Esquire, third Lieutenant, of the said ship Sirius, or you the said Henry Lidgbird Ball Esquire, Lieutenant and Commander of the Supply, armed tender, or a commander of one of our ships (as the place of tryall shall appear) to be always one. Shall have full power and authority by virtue of the said recited eniTOwered Acts and these presents to call and assemble any other persons on qJ^^ * shipboard or upon the land to make up the number of seven. Provided that no persons but such as are known merchants, factors, or planters or such as are captains, lieutenants or warrant (^uaiiflca- officers in any of our ships-of-war or captains masters or mates of *^°°'- some English ship shall be capable of being so called sitting and acting in the said Court And our further pleasure is, and We do hereby expressly declare and command, that such persons called and such other persons hereby authorised and assembled as aforesaid, shall have full power powew of and authority according to the course of Admiralty to issue war- ^JJionera. rants for bringing any persons accused of such piracy, robbery, or felony or as accessory thereto, and to give sentence and judgment of death and to award execution of the offenders convicted and attainted as aforesaid according to the civil law and the methods and rules of the Admii^ty : And that all and every person and persons so convicted and attainted of piracy, robbery, or felony or as accessory thereto, shall Effect of have and suffer such losses of lands goods and chattels as if they sentences, had been attainted and convicted of any piracies, felonies, and robberies according to the aforementioned statute made in the reign of King Henry the Eighth. And our express will and pleasure is, and We do hereby direct and command that so soon as any Court shall be assembled as afore- said, either on shipboard or upon the land, this our Commission Com- shall first be openly read and the said Court then and there shall ^^^ ^ be solemnly and publicly called and proclaimed, and then the Pre- open Court sident of such Court shall in the first place publicly in open Court take the oath mentioned and appointed to be taken by the said recited Act of the eleventh and twelfth years of the reign of his Procedure said late Majesty King WilUam the Third, and such President "»«««!«»»• having taken the oath in manner aforesaid shall immediately Digitized by Google