Page:History of New South Wales from the records, Volume 1.djvu/601

 COMMISSION. 477 And whereas it belonged to us in right of our Royal Prerogative 1797 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 Lunaticy. 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 Custody of do by these presents give and grant unto you full power and JSXthcir authority without expecting any further special warrant from Us estates, 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 Juiisdiction 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 Grants and lunaticks and their estates to such person or persons suitors in ^^JJ^**" that behalf as according to the rules of law and the use and prac- tice 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 provi- sions 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 Power to command and employ all persons whatsoever residing within our }o]J^defen^. 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 pirates and rebels both at sea and land, and such enemies pirates and rebels if "*'«^8- there shall be occasion to pursue and prosecute in or out of the limits of our said teriitory 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 Martial law. 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 Govemor-in-Chief doth or ought of right to belong. Digitized by Google