1761 Decr. 2d.
Draught of an Instruction for the Governors of Nova Scotia New Hampshire, New York, New Jersey, Virginia North Carolina, South Carolina Georgia, Barbados, Leeward Islands, Bermuda, Bahama, and Jamaica relative to the Tenure of the Commissions to be by them granted to the Judges and other Officers and Ministers of Justice in the said Colonies.
Whereas Laws have been lately passed or attempted to be passed in several of Our Colonies in America enacting that the Judges of the several Courts of Judicature or other chief Officers of Justice in the said Colonies shall hold their Offices during good Behaviour, And Whereas the Governors or other chief Officers of several other of Our said Colonies have granted Commissions to the Judges or other chief Officers of Justice by which they have been impower'd to hold their said Offices during good Behaviour, contrary to the express Directions of the Instructions given to the said Governors or other chief Officers by Us or by Our Royal Predecessors; And whereas it does not appear to Us that, in the present Situation and Circumstances of our said Colonies, it would be either for the Interest or Advantage of the said Colonies or of this Our Kingdom of Great Britain that the Judges or other Chief Officers of Justice should hold their Offices during good Behaviour; It is therefore Our express Will and Pleasure that you do not, upon any pretence whatever, upon pain of being removed from your Government, give your Assent to any Act by which the Tenure of the Commissions to be granted to the Chief Judges, or other Justices of the several Courts of Judicature, shall be regulated or ascertained in any manner whatsoever; And You are to take particular Care in all Commissions to be by you granted to the said Chief Judges or other Justices of the Courts of Judicature that the said Commissions are granted during Pleasure only, agreable to what has been the ancient Practice and Usage in our said Colonies and Plantations.