being vested in him by his Majesty's commission.

His excellency, having caused one example to be made, extended lenity to
some others who were tried the following day; and one convict, James
Freeman, was pardoned on condition of his becoming the public
executioner.

It appeared by the letters patent under the great seal of Great Britain,
which were read after the governor's commission, that 'the appointment of
the place to which offenders should be transported having been vested in
the crown by an act of parliament, his Majesty, by two several orders in
council, bearing date the 6th of December 1786, had declared, that
certain offenders named in two lists annexed to the orders in council
should be transported to the eastern coast of New Holland, named New
South Wales, or some one or other of the islands adjacent:' and it being
deemed necessary that a colony and civil government should be established
in the place to which such felons should be transported, and that a court
of criminal jurisdiction should also be established therein, with
authority to proceed in a more summary way than is used within the realms
of Great Britain, according to the known and established laws thereof,
his Majesty, by the 27th Geo. 3. cap. 56. was enabled to authorise, by
his commission under the great seal, 'the governor, or in his absence the
lieutenant-governor of such place, to convene from time to time, as
occasion may require, a court of criminal jurisdiction, which court is to
be a court of record, and is to consist of the judge-advocate and such
six officers of the sea and land service as the governor shall, by
precept issued under his hand and seal, require to assemble for that
purpose.' This court has power to inquire of, hear, determine, and punish
all treasons, misprisions of treasons, murders, felonies, forgeries,
perjuries, trespasses, and other crimes whatsoever that may be committed
in the colony; the punishment for such offences to be inflicted according
to the laws of England as nearly as may be, considering and allowing for
the circumstances and situation of the settlement and its inhabitants.
The charge against any offender is to be reduced into writing, and
exhibited by the judge-advocate: witnesses are to be examined upon oath,
as well for as against the prisoner; and the court is to adjudge whether
he is guilty or not guilty by the opinion of the major part of the court.
If guilty, and the offence is capital, they are t