Page:History of Australia, Rusden 1897.djvu/54

 the opinion of the major part of the persons composing such Court that the party accused is or is not, as the case shall appear to them, guilty of the charge, and by pronouncing judgment therein (as upon a conviction by verdict) of death if the offence be capital, or of such corporal punishment not extending to capital punishment as to the said Court shall seem meet; and in cases not capital by pronouncing judgment of such corporal punishment not extending to life or limb as to the said Court shall seem meet."

Clause 2 provides that the provost-marshal or other officer to be appointed for that purpose by such Governor shall cause the execution of such judgment, according to the warrant under hand and seal, and not otherwise. "Provided always that execution shall not be had or done upon any capital convict or convicts unless five persons present in such court shall concur until the proceedings shall have been transmitted to His Majesty and by him approved."

Clause 3 enacts that the said court shall be a Court of Record, and have all powers incident thereto.

Phillips' commission (of 2nd April) gave him power to pardon and reprieve, to "execute martial law in time of invasion or other times when by law it may be executed," to raise monies by warrant, to grant lands, &c.

Surely more vast powers were never conferred upon any individual by an Act of a legislature and the fiat of a king; and yet there is to be traced some tenderness of the life