Mail to Lieut-Gen Brownrigg

C.O. 54/40

Downing Street,
5th Nov, 1811.

To Lieut. Govn. Brownrigg
No. 2

Sir,

An opportunity has been afforded to His Majesty's Ministers, by the return to this country of Lieut. General The Rt. Hon. Thos Maitland, of entering into a full consideration of every circumstance connected with the Administration of Government in the British Settlements on the Island of Ceylon; and the local knowledge and experience of that officer have pointed out in the Instrument prepared in August 1810 for making further provision for the Administration of Justice in those Settlements, certain clauses which it is apprehended might lead to much practical inconvenience, and to changes in the system of Colonial Government altogether unnecessary and unadvisable. In consequence of the information and explanation which have been obtained in the course of this deliberation, the expediency of revoking the provisions alluded to has been submitted to His Royal Highness The Prince Regent, and you will herewith receive a new Instrument prepared by His Royal Highness Command in which the exceptional provisions have been corrected.

It becojmes therefore necessary that I should in transmitting to you the Patent containing these amendments, point out such parts of the Instructions conveyed in my letter to Lt. General Maitland of the 30th. Sept. 1810 and which accompanied the former Patent, as under the present circumstances become either inapplicable or unnecessary.

I annex a copy of my letter above mentioned with references more distinctly to mark the passages to which it will be requisite to refer.

Those which first claim observation are Paragraphs 4, 5, and 6, included under reference A concerning the reference of the Jurisdiction of the Supreme Court and the powers of the Chief Justice.

The Jurisdiction of the Court is by the New Patent restrained within its former limits, and the power of the Court to act in matters of revenue remains restricted as under the original Charter of the 18th April 1801 to cases in which warrants shall for that purpose be issued by the Governor, and the power of re-establishing Courts of Land Raad, of fixing the extent of their Jurisdiction, and of appointing their respective officers vested as heretofore in the Governor, who will of course in all judicial arrangements confer with the Judges of the Supreme Court upon any points on which it may be proper to consult their opinion.

The Chief Justice being conswequently furnished with no new authority in these respects I am commanded to signify to you the pleasure of the Prince Regent that the Instructions contained in paragraphs 4, 5, and 6, are to be considered null and void. he Instructions contained in paragraphs 16, 17, 18, 19, 20 and 21, included under reference B, which relate to the formation and functions of the Great Seal - the framing of Legislative Acts, and the passing of Grants of Land, are also to be considered void and of no effect and it is His Royal Highness's pleasure that every matter and thing therein mentioned should be ordered and regulated by the sole authority of the Governor according to the practice which has obtained in the Colony during the administration of Lt. Gen. Maitland, founded on the orders and instructions furnished to him and his predecessors.

His Majesty having been pleased to direct that a Public Seal should be provided for the use of the Colonial Government and the same having been forwarded to Ceylon under the charge of Sir A Johnston - it is the pleasure of His Royal Highness The Prince Regent that the custody thereof shall belong to the Governor for the purpose of being affixed under his authority to such a publick (public) Instrument as he shall judge proper to direct.

I am to desire that a Regulation of Government may be forthwith framed, wherein shall be particularly specified all such acts and Instruments as it may be deemed adviseable hereafter to issue under the Seal of the Colony, and you will as soon as conveniently may be transmit to me a copy of the said Regulation.