Appendix 1

    GENERAL INSTRUCTIONS AS GOVERNOR OF MASSACHUSETTS, 18 March, 1760

    Instructions to Our Trusty and Well beloved Francis Bernard Esquire Our Captain General and Governor in Chief in and over Our Province and Territory of the Massachusets Bay in New England in America. Given at Our Court at St. James’s the 18, Day of March 1760 in the Thirty Third Year of Our Reign.

    1. First. With these Our Instructions you will receive Our Commission under Our Great Seal of Great Britain constituting You Our Captain General and Governor in Chief in and over Our Province of the Massachusets Bay, and likewise Captain General and Commander in Chief of the Militia and of all Our Forces by Sea and Land within the Colonies of Rhode Island, Providence Plantation and the Narraganset Country or Kings Province in New England, and of the Forts and Places of Strength within the same, You are therefore to fit yourself with all convenient Speed, and to repair to Our said Province of the Massachusets Bay, and being arrived there, you are to take upon You the Execution of the Place and Trust We have reposed in You and forthwith to call together the Members of the Council in that Province.
    2. 2d. You are with all due and usual Solemnity to cause Our said Commission to be read and published at the said Meeting, and Notification to be also given to Our Colonies of Rhode Island, Providence Plantation, and the Narraganset Country of the Power wherewith You are intrusted concerning the Militia Forces and Forts within the said Colonies & Country as aforesaid, which being done you shall then take and also administer unto each of the Members of the said Council the Oaths appointed to be taken by An Act passed in the first Year of His late Majesty’s Reign Entituled, An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors,978 as also to make and subscribe and cause them to make & subscribe the Declaration mentioned in An Act of Parliament made in the Twenty fifth Year of the Reign of King Charles the Second Entituled, An Act for preventing Dangers which may happen from Popish Recusants;979 And You and every of them are likewise to take an Oath for the due Execution of your and their Places and Trusts with regard to your and their equal and impartial Administration of Justice, And You are likewise to take the Oath required by An Act passed in the 7th and 8th. Years of the Reign of King William the third980 to be taken by Governors of Plantations to do their utmost that the Laws relating to the Plantations be observed.
    3. 3. You shall administer or cause to be administred the Oaths mentioned in the aforesaid Act Entituled, An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors,981 to the Members and Officers of the House of Representatives, and to all Judges, Justices and all other Persons that hold any Office or Place of Trust or Profit in our said Province, whether by Virtue of any Patent under the Great Seal of Great Britain or the publick Seal of the Massachusets Bay or otherwise, And You shall also cause them to make and subscribe the aforesaid Declaration, without the doing of all which You are not to admit any Person whatsoever into any publick Office, nor suffer those who have been admitted formerly to continue therein.
    4. 4. You are forthwith to communicate unto the said Council such and so many of these Our Instructions, wherein their Advice and Consent are mentioned to be requisite, as likewise all such Others from time to time as You shall find convenient for Our Service to be imparted to them.
    5. 5. You are to permit the Members of the said Council to have and enjoy Freedom of Debate and Vote in all Affairs of publick Concern that may be debated in Council.
    6. 6. You are to observe in the passing of all Laws that the Stile of enacting the same be by the Governor Council and House of Representatives and no other, You are also, as much as possible, to observe in the passing of all Laws that whatever may be requisite upon each different Matter be accordingly provided for by a different Law without intermixing in one and the same Act, such Things as have no proper relation to each other, And You are more especially to take Care that no Clause or Clauses be inserted in or annexed to any Act which shall be foreign to what the Title of such respective Act imports, and that no perpetual Clause be part of any temporary Law, and that no Act whatever be suspended, altered, revived, continued or repealed by general Words, but that the Title and Date of such Act so suspended, altered, revived, continued or repealed be particularly mentioned and expressed in the Enacting Part.
    7. 7. And Whereas Laws have formerly been enacted in several of Our Plantations in America for so short a time, that the Royal Assent or Refusal thereof could not be had thereupon before the Time for which such Laws were enacted did expire, You shall not therefore give your Assent to any Law that shall be enacted for a less time than two Years, except in the Cases hereinafter mentioned, And it is Our further Will and Pleasure, that you do not re-enact any Law to which the Assent of Us or Our Royal Predecessors has once been refused, without express Leave for that purpose, first obtained from Us upon a full Representation by you to be made, to Our Commissioners for Trade and Plantations, in order to be laid before Us, of the Reason and Necessity for passing such Law, nor give your Assent to any Law for repealing any other Law passed in your Government, altho’ the same should not have received the Royal Approbation, unless you take Care, that there be a Clause inserted therein, suspending and deferring the Execution thereof untill Our Pleasure shall be known concerning the same.
    8. 8. And Whereas great Mischiefs do arise by passing Bills of an unusual and extraordinary Nature and Importance in the Plantations, which Bills remain in force there from the Time of enacting untill Our Pleasure be signified to the contrary, We do hereby Will and require you not to pass or give your Assent to any Bill or Bills in the Assembly of the said province of an unusual or extraordinary Nature and Importance, wherein Our Prerogative or the Property of Our Subjects may be prejudiced, or the Trade or Shipping of this Kingdom any ways affected, untill you shall have first transmitted to Our Commissioners for Trade and Plantations, in order to be laid before Us, the Draught of such Bill or Bills and shall have received Our Royal Pleasure thereupon, unless you take Care in the passing of any Bill of such Nature, that there be a Clause inserted therein suspending and deferring the Execution thereof untill Our Pleasure shall be known concerning the same.
    9. 9. You are to take Care, that no private Act, whereby the Property of any private person may be affected, be passed, in which there is not a Saving of the Right of Us Our Hiers & Successors, all Bodies Politick or Corporate, and all other Persons except such as are mentioned in the said Act, and those claiming by, from or under them, And further you shall take Care, that no private Act be passed without a Clause suspending the Execution thereof untill the same shall have received Our Royal Approbation; It is likewise Our Will and Pleasure, that you do not give your Assent to any private Act, untill Proof be made before you in Council, and entred in the Council Books, that publick Notification was made of the Party’s Intention to apply for such Act in the several Parish Churches where the Premises in Question lye for three Sundays at least successively, before any such Act shall be brought into the Assembly, and a Certificate under your hand be transmitted with and annexed to every such private Act, signifying that the same has passed through all the Forms above mentioned.
    10. 10. You are to take Care that in all Acts or Orders to be passed within Our said Province in any case for the levying Money or imposing Fines and Penalties, express mention be made that the same is granted or reserved to Us Our Heirs and Successors for the publick Uses of that Our Province and the Support of the Government thereof, as by the said Act or Order shall be directed, And You are particularly directed not to pass any Law, or do any Act by Grant Settlement or otherwise, whereby Our Revenue may be lessened or impaired without our especial Leave or Command therein.
    11. 11. Whereas an unwarrantable Practice hath of late Years been introduced into the Proceedings of the Assembly of the Province of the Massachusets Bay, of raising Money and supplying the Current Service of the Year by a Vote or Resolve, instead of An Act of Assembly, and of reserving thereby to the said Assembly a Power of determining what Accounts shall or shall not be paid, even after the Service performed, which Practice is expressly contrary to the Tenor of the Charter granted to that Province by Our Royal Predecessors King William and Queen Mary, whereby the said Assembly are impowered to raise Monies for the Support of the Government, and for the Defence of the Inhabitants by Act or Acts of Assembly only, And the issuing of the said Money when raised is expressly reserved to Our Governor for the time being, with the Advice and Consent of the Council of Our said Province, Now Our Will and Pleasure is, and We do hereby require you to take Care for the future, that no Money be raised or Bills of Credit issued in the Province of the Massachusets Bay but by Act or Acts of Assembly, in which Act or Acts one or more Clauses of Appropriation may be inserted, but that the passing all Accounts for payment, and the issuing of all Monies so raised or Bills of Credit be left to Our Governor or Commander in Chief of Our said Province, with the Advice and Consent of the Council, according to the said Charter, subject nevertheless to a future Enquiry of the then present or any other Assembly, as to the Application of such Monies.
    12. 12. You are not to permit any Clause whatsoever to be inserted in any Law for levying Money or the Value of Money, whereby the same shall not be made liable to be accounted for to Us and to Our Commissioners of Our Treasury or to Our High Treasurer for the time being, and audited by Our Auditor General of Our Plantations or his Deputy for the time being; And We do hereby particularly require and enjoyn You, upon pain of Our highest Displeasure, to take Care that fair Books of Accounts of all Receipts and Payments of all publick moneys be duly kept, and the Truth thereof attested upon Oath, and that all such Accounts be audited by Our Auditor General of Our Plantations or his Deputy, who is to transmit Copies thereof to Our Commissioners of Our Treasury or Our high Treasurer for the time being, and that you do every half Year or oftner send another Copy thereof attested by yourself to Our Commissioners for Trade and Plantations, and Duplicates thereof by the next Conveyance, in which Books shall be specified every particular Sum raised or disposed of, together with the Names of the Persons to whom any Payments shall be made, to the end We may be satisfied of the right and due Application of the Revenue of Our said Province, with the Probability of the Increase or Diminution of it under every Head or Article thereof.
    13. 13. Whereas several Inconveniences have arisen to Our Governments in the Plantations by Gifts and Presents made to Our Governors by the Assemblies, It is Our express Will and Pleasure, that neither You Our Governor, nor any Governor, Lieutenant Governor, Commander in Chief, or President of the Council of Our said Province for the time being, do give your or their Assent to any Act for any Gift or Present to be made to you or them by the Assembly, and that neither you nor they do receive any Gift or Present from the Assembly or Others on any Account, or in any way whatsoever upon pain of Our highest Displeasure and of being recalled from that Government.
    14. 14. And it is Our Express Will and Pleasure that no Law for raising any Imposition on Wines or other strong Liquors be made to continue for less than one whole Year, as also that all other Laws whatsoever for the Supply and Support of Our Government shall be without Limitation of Time, except the same be for a temporary Service, and which shall expire and have their full Effect within the Time therein prefix’d.
    15. 15. And Whereas Complaints have been made to Us by the Merchants of Our City of London, in behalf of themselves and of several others our good Subjects of Great Britain trading to Our Plantations in America, that greater Duties and Impositions are laid on their Ships and Goods ^than on the Ships & Goods^ of Persons who are Natives and Inhabitants of the said Plantations, It is therefore Our Will and Pleasure that you do not upon any pretence whatsoever, upon pain of Our highest Displeasure, give your Assent to any Law, whereby the Natives or Inhabitants of Our Province of the Massachusets Bay under your Government may be put on a more advantageous footing than those of this Kingdom, or whereby any Duties shall be laid upon British Shipping or upon the Product or Manufacture of Great Britain upon any pretence whatsoever.
    16. 16. You are to transmit authentick Copies of all Laws Statutes and Ordinances which at any time hereafter shall be made or enacted within the said Province, each of them seperately under the publick Seal, unto Our Commissioners for Trade and Plantations within three Months or by the first Opportunity after their being enacted, together with Duplicates thereof by the next Conveyance, upon pain of Our highest Displeasure and of the Forfeiture of that Years Salary wherein you shall at any Time, or upon any Pretence whatsoever, omit to send over the said Laws, Statutes and Ordinances as aforesaid, within the Time above limited, as also of such other Penalty as We shall please to inflict, but if it shall happen that no Shipping shall come from our said Province within three Months after making such Laws, Statutes and Ordinances, whereby the same may be transmitted as aforesaid, then the said Laws Statutes and Ordinances are to be transmitted by the next Conveyance after the making thereof whenever it may happen, for Our Royal Approbation or Disallowance of the same.
    17. 17. And you are to take especial Care that the Copies and Duplicates of the said Acts so to be transmitted as aforesaid be fairly abstracted in the Margins, and that in every Act the several Dates or respective Times when the same passed the House of Representatives, the Council, and received your Assent be particularly expressed, and you are to be as explicit as may be in your Observations to be sent to Our Commissioners for Trade and Plantations upon every Act, that is to say, whether the same is introductive of a new Law, declaratory of a former Law, or does repeal a Law then before in being, And you are likewise to send to Our said Commissioners the Reasons for the passing of such Law, unless the same do fully appear in the Preamble of the said Act.
    18. 18. You are to require the Secretary of our said Province or his Deputy for the time being to furnish you with Transcripts of all such Acts and publick Orders as shall be made from time to time, together with a Copy of the Journal of the Council, and that all such Transcripts and Copies be fairly abstracted in the Margins, to the end, the same may be transmitted to Our Commissioners for Trade and Plantations in order to be laid before us, which he is duly to perform upon pain of incurring the Forfeiture of his Place.
    19. 19. You are to require from the Clerk of the House of Representatives or other proper Officer, Transcripts of all the Journals and other Proceedings of the said House, fairly abstracted in the Margins, to the end the same may in like Manner be transmitted as aforesaid.
    20. 20. Whereas many of the Laws heretofore passed in Our Colonies and Plantations in America respectively have from time to time been either entirely or in part repealed, and Others of them are expired, altered, amended, or explained, by means whereof, Persons not well acquainted with the said Laws may be led into Mistakes, and Great Prejudice and Inconvenience may arise to Our Service, and whereas nothing can more effectually tend to promote Order and good Government, secure the Properties and Possessions of Our Subjects, and prevent litigious Controversies and Disputes than a clear and well digested Body of Laws, It is therefore Our Will and Pleasure, and We do hereby require and direct you, jointly with the Council and Assembly, of Our Province of the Massachusets Bay under your Government, forthwith to consider and revise all and every the Laws, Statutes and Ordinances which are in force within the said Province, excepting only such as relate to private Property, or are otherwise of a private Nature, and in lieu thereof, to frame and pass a compleat and well digested Body of new Laws for the said Province, taking especial Care, that in the passing of each Law due Regard be had to the Methods and Regulations prescribed by these Our Instructions to you, and that no Law of any kind whatsoever, making a part of such new Body of Laws be passed without a Clause inserted therein suspending and deferring the Execution thereof untill Our Royal Will and Pleasure may be known thereupon, And it is Our further Will and Pleasure that when the said new Body of Laws shall have been so framed and passed as aforesaid, You do forthwith transmit each Law seperately under the Seal of Our said Province, together with my particular Observations thereupon, to Our Commissioners for Trade & Plantations in order to be laid before Us, in Our Privy Council for Our Approbation or Disallowance.
    21. 21. And Whereas An Act of Parliament was passed in the 6th: Year of the Reign of Her late Majesty Queen Anne, Entituled An Act for ascertaining the Rates of foreign Coins in Her Majesty’s Plantations in America,982 which Act the respective Governors of all Our Plantations in America have from time to time been instructed to observe and carry into due Execution, And whereas notwithstanding the same Complaints have been made that the said Act has not been observed as it ought to have been, in many of Our Colonies and Plantations in America, by means whereof many indirect Practices have grown up, and various and illegal Currencies have been introduced in several of the said Colonies and Plantations, contrary to the true Intent and Meaning of the said Act, and to the Prejudice of the Trade of Our Subjects; It is therefore Our Will and Pleasure, and you are hereby strictly required and commanded under pain of Our highest Displeasure and of being removed from your Government to take the most effectual Care for the future that the said Act be punctually and bona fide observed and put in Execution according to the true Intent and Meaning thereof.
    22. 22. You are to examine what Rates and Duties are charged and payable upon Goods imported and exported within our said Province, whether of the Growth or Manufacture of Our said Province or otherwise, And You are to suppress the engrossing of Commodities as tending to the Prejudice of that Freedom which Trade and Commerce ought to have, and to use your best Endeavours in the improving the Trade of those Parts by settling such Orders and Regulations therein with the Advice of the said Council as may be most acceptable to the Generality of the Inhabitants, and to send unto our Commissioners for Trade and Plantations yearly or oftner, as occasion may require, the best and most particular Account of any Laws that have had any time been made, manufactures set up, or Trade carried on in the Province of the Massachusets Bay, which may in any wise affect the Trade and Navigation of this Kingdom.983
    23. 23. And in the Choice and Appointment of all Judges, Justices, Sheriffs and all other Officers to be by you appointed, you are always to take Care that they be Men of good Life well affected to Our Government, of good Estates, and of Abilities suitable to their Employments.
    24. 24. You are to take Care that no Man’s Life, Member,984 Freehold or Goods be taken away or harmed in Our said Province under your Government, otherwise than by established and known Laws, not repugnant to, but as near as may be agreable to the Laws of this Kingdom, and that no Persons for the future be sent as Prisoners to this Kingdom from the said Province under your Government without sufficient Proof of their Crimes, and that Proof transmitted along with the said Prisoners.
    25. 25. You shall endeavour to get a Law passed (if not already done) for the restraining of any inhuman Severity which by ill Masters or Overseers may be used towards their Christian Servants and their Slaves, and that Provision be made therein, that the wilful killing of Indians and Negroes may be punished with Death, and that a fit Penalty be imposed for the maiming of them.
    26. 26. You are to take Care that all Writs be issued in Our Name throughout Our said Province.
    27. 27. You are to take Care by and with the Advice and Assistance of the said Council, that the Prisons there, if they want Reperation, be forthwith repaired and put into and kept in such a Condition as may sufficiently secure the Prisoners that are or shall be there in Custody.985
    28. 28. You shall not remit any Fines or Forfeitures whatsoever above the Sum of Ten Pounds, nor dispose of any Forfeitures whatsoever, untill upon signifying to the Commissioners of Our Treasury or Our High Treasurer for the time being, and to Our Commissioners for Trade and Plantations, the Nature of the Offence, and the Occasion of such Fines and Forfeitures or Escheats, with the particular Sums or Value thereof (which You are to do with all Speed) You shall have received Our Directions therein, But you may in the mean time suspend the Payment of the said Fines and Forfeitures.
    29. 29. You shall likewise take especial Care, with the Advice and Consent of the Council, to regulate all Salaries and Fees belonging to Places or paid upon Emergencies that they be within the Bounds of Moderation and that no Exaction be made upon any Occasion whatsoever; As also that Tables of all Fees be publickly hung up in all Places where such Fees are to be paid; And You are to transmit Copies of all such Tables of Fees unto Our Commissioners for Trade and Plantations as aforesaid, in order to be laid before Us.986
    30. 30. And Whereas several Complaints have been made by the Surveyor General and other Officers of Our Customs in Our Plantations in America, that they have frequently been obliged to serve on Juries, and personally to appear in Arms whenever the Militia is drawn out and thereby are much hinder’d in the Execution of their Employments; Our Will and Pleasure is, that you take effectual Care and give the necessary Directions that the several Officers of Our Customs be excused and exempted from serving on any Juries or personally appearing in Arms in the Militia, unless in Cases of absolute Necessity, or serving any Parochial Offices, which may hinder them in the Execution of their Duties.
    31. 31. And Whereas the Surveyors General of Our Customs in Our Plantations are impowered, in case of the Vacancy of any of the Officers of Our Customs, by Death, Removal or otherwise, to appoint other Persons to execute such Offices untill they receive further Directions from Our Commissioners of Our Treasury, or Our High Treasurer, or Commissioners of Our Customs for the time being; But in regard the Districts of Our said Surveyors General are very extensive, and that they are required at proper Times to visit the Officers in the several Governments under their Inspection, and that it may happen that some of the Officers of Our Customs in Our Province of the Massachusets Bay may dye at the Time when the Surveyor General is absent in some distant part of his District, so that he cannot receive Advice of such Officer’s Death within a reasonable Time, and thereby make Provision for carrying on the Service, by appointing some other Person in the room of such Officer who may happen to dye, Therefore that there may be no Delay given on such Occasions unto the Masters of Ships, or Merchants in their Dispatches, It is Our further Will and Pleasure, in case of such Absence of the Surveyor General or if he should happen to dye, and in such cases only, that upon the Death of any Collector of Our Customs within that Province, You shall make Choice of a Person of known Loyalty Experience, Diligence and Fidelity to be employed in such Collector’s Room for the Purposes aforesaid, untill the Surveyor General of Our Customs shall be advised thereof, and appoint another to succeed in their Places, or that further Directions shall be given therein by Our Commissioners of Our Treasury or Our high Treasurer, or by the Commissioners of Our Customs for the time being, which shall be first signified, taking Care that you do not under pretence of this Instruction interfere with the Powers and Authorities given by the Commissioners of Our Customs to the said Surveyor General, when he is able to put the same in Execution.
    32. 32. And Whereas you will receive from Our Commissioners for executing the Office of High Admiral of Great Britain and of Our Plantations a Commission constituting you Vice Admiral of Our said Province of the Massachusets Bay, You are hereby required and Directed carefully to put in Execution the several Powers thereby granted You.
    33. 33. And Whereas We have been informed that the Fees for the Condemnation of a Prize Ship in Our Courts of Admiralty in Our Plantations are considerably greater than those demanded on the like Occasion in Our High Court of Admiralty here; And Whereas We are willing that Our Subjects in the Plantations should have the same Ease in obtaining the Condemnation of Prizes there, as in this Kingdom, You are to signify Our Will and Pleasure to the Officers of Our Admiralty Court in the Massachusets Bay, that they do not presume to demand or exact other Fees than such as are taken in this Kingdom which amount to about Ten Pounds for the Condemnation of each Prize, according to the List of such Fees.
    34. 34. And there having been great Irregularities in the manner of granting Commissions in the Plantations to private ships of War, You are to govern yourself whenever there shall be Occasion, according to the Commissions and Instructions granted in this Kingdom, Copies whereof will be herewith delivered you; But you are not to grant Commissions or Marque or Reprizal against any Prince or State, or their Subjects in Amity with Us, to any Person whatsoever without Our especial Command; And You are to oblige the Commanders of all Ships having private Commissions, to wear no other Colours than such as are described in Our Order in Council of the 7th: of January 1730, in relation to Colours to be worn by all Ships and Vessels to except Our Ships of War a Copy of which Order will herewith be delivered to You.
    35. 35. Whereas Commissions have been granted unto several Persons in Our ^respective^ Plantations in America for the trying of Pirates in those Parts pursuant to the Acts for the more effectual Suppression of Piracy, And by a Commission already sent to Our Province of the Massachusets Bay, You (as Captain General and Governor in Chief of Our said Province) are impowered together with Others therein mentioned to proceed accordingly in reference to Our said Province, Our Will and Pleasure is, that in all Matters relating to Pirates, you govern yourself according to the Intent of the said Acts and Commissions.
    36. 36. Whereas We have thought it necessary for Our Royal Service to constitute authorize and appoint a Receiver General of the Rights and Perquisites of the Admiralty, It is therefore Our Will and Pleasure, that you be aiding and assisting to Our said Receiver General his Deputy or Deputies in the Execution of the said Office of Receiver General, And We do hereby enjoin and require you to make up your Accounts with him his Deputy or Deputies of all Rights of Admiralty, (Effects of Pirates included) as You or Your Officers have received or shall or may receive for the future, and to pay over to the said Receiver General, his Deputy or Deputies for Our Use, all such Sum or Sums of Money as shall appear upon the foot of such Accounts, to be and remain in your Hands or in the Hands of any of your Officers. And Whereas Our said Receiver General is directed in case the Parties chargeable with any part of such Revenue, refuse, neglect or delay Payment thereof, by himself or sufficient Deputy, to apply in Our Name to Our Governors, Judges, Attorneys General or any other Our Officers or Magistrates, to be aiding and assisting to him in recovering the same; It is therefore Our Will & Pleasure and You Our Governor, Our Judges, Our Attorney General and all other Our Officers whom the same may concern are hereby required to use all lawfull Authority for the recovering and levying thereof.
    37. 37. You are to transmit unto Us and to Our Commissioners for Trade & Plantations with all convenient Speed a particular Account of all Establishments of Jurisdictions, Courts and Offices and Officers, Powers, Authorities, Fees, and Priviledges granted or settled within our said Province together with an Account of all the Expenses attending the Establishment of the said Courts and of such Funds as are settled and appropriated for discharging such Expenses.
    38. 38. And Whereas We have been graciously pleased to constitute and appoint a Surveyor General of all Our Woods in North America with proper Deputies under him, in order the better to secure and preserve for the Use of Our Royal Navy, such Trees as shall be found proper for that Service; It is Our Will and Pleasure that you be aiding and assisting to the said Surveyor and his Deputies; And that you give Orders to all Officers Civil and Military, that they in their several stations and Places be aiding and assisting to the said Surveyor or his Deputies, in preventing the Destruction of the Woods in that Province, or in punishing such as shall be found offending therein
    39. 39. And Whereas An Act was passed here in the 3d and 4th: Years of Queen Anne Entituled, An Act for encouraging the Importation of Naval Stores from Her Majesty’s Plantations in America,987 and another passed in the Ninth Year of the said Queen’s Reign, Entituled An Act for the Preservation of white and other Pine Trees growing in Her Majesty’s Colonies of New Hampshire, the Massachusets Bay and Province of Main, Rhode Island and Providence Plantation, the Narraganset Country or King’s Province, and Connecticut in the New England, and New York and New Jersey in America for the Masting Her Majestys Navy;988 An also An Act passed in the 8th: Year of his late Majesty’s Our Royal Father’s Reign Entituled An Act giving further Encouragement for the Importation of Naval Stores and for other Purposes therein mentioned,989 yet nevertheless We have been informed that great Spoils are dearly committed in Our Woods in the Province of Main and other Parts within your Government of the Massachusets Bay, by cutting down and converting to private Use such Trees as are or may be proper for the Service of Our Royal Navy; And it being necessary that all such Abuses which tend so evidently to deprive Us of those Supplies be effectually redressed; It is Our Will and Pleasure that you take Care and give in Charge, that the said Acts, as also that passed in the Second Year of Our Reign Entituled, An Act for the better Preservation of His Majesty’s Woods in America, and for the Encouragement of the Importation of Naval Stores from thence, and to encourage the Importation of Masts, Yards and Bowsprits from that part of Great Britain called Scotland,990 and every Clause, Article and Proviso therein be strictly and duly complied with.
    40. 40. Whereas the Number of Townships in Our Province under your Government is of late Years very much increased, and may in time prove inconvenient, in case the present Method of splitting and dividing old Towns, and of erecting new ones should continue. And Whereas any future Settlements may be erected into Precincts, Parishes or Villages, with all the Offices and Privileges necessary for their good Government and Security, without the Liberty of sending Representatives to the General Assembly; It is Our Will and Pleasure that you do not give your Assent for the future to any Bill for erecting a new Town or dividing an Old one without a Clause be[ing] inserted therein, suspending & deferring the Execution thereof untill Our Pleasure shall be known thereupon.991
    41. 41. You are to permit a Liberty of Conscience to all Persons (except Papists) so they be contented with a quiet and peaceable Enjoyment of the same, not giving Offence or Scandal to the Government.
    42. 42. The Right Reverend Father in God Edmund late Bishop of London having presented a Petition992 to his late Majesty our Royal Father humbly beseeching him to send Instructions to the Governors of all the several Plantations in America, that they cause all the Laws already made against Blasphemy, Prophaness, Adultery, Fornication, Polygamy, Incest, Prophanation of the Lords Day, Swearing and Drunkenness in their respective Governments to be vigorously executed; And We thinking it highly just that all Persons who shall offend in any of the Particulars aforesaid should be prosecuted and punished for their said Offences, It is therefore Our Will and Pleasure that you take due Care for the Punishment of the aforementioned Vices, and that you earnestly recommend it to the Council and House of Representatives of the Massachusets Bay to provide effectual Laws for the Restraint and Punishment of all such of the aforementioned Vices against which no Laws are as yet provided; And also You are to use your Endeavours to render the Laws in being more effectual by providing for the Punishment of the aforementioned [Vices by Presentment upon oath]993 be made to the Temporal Courts by the Church Wardens of the several Parishes, or other proper Officers to be appointed for that purpose; And for the further Discouragement of Vice and Encouragement of Virtue and good living (that by such Example the Infidels may be invited and perswaded to embrace the Christian Religion) You are not to admit any Person to publick Trusts and Employments in the said Province under your Government whose ill Fame and Conversation may occasion Scandal; And it is Our further Will and Pleasure that you recommend to the Assembly to enter upon proper Methods for the erecting and maintaining of Schools in order to the training up of Youth to reading and to a necessary Knowledge of the Principles of Religion.
    43. 43. You shall send an Account to Our Commissioners for Trade and Plantations in order to be laid before Us, by the first Conveyance, of the present Number of Planters and Inhabitants, Men, Women and Children, as well Masters as Servants, free and unfree, and of the Slaves in Our said Province; As also Yearly Accounts of the Increase or Decrease of them, and how many of them are fit to bear Arms in the Militia of Our said Province.
    44. 44. You shall also cause an exact Account to be kept of all Persons, Born, and Christned and buried, and you shall Yearly send fair Abstracts thereof to Our Commissioners for Trade and Plantations as aforesaid.994
    45. 45. You shall take Care that all Planters and Christian Servants be well and fitly provided with Arms, and that they be listed under good Officers, and when and often as shall be thought fit, muster’d and trained, whereby they may be in a better Readiness for the Defence of Our Province under your Government.995
    46. 46. But You are to take especial Care that neither the Frequency nor Unreasonableness of remote Marches Musters and Trainings be an unnecessary Impediment to the Affairs of the Inhabitants.
    47. 47. You shall not upon any Occasion whatsoever establish or put in Execution any Articles of War or other Law Martial upon any of Our Subjects Inhabitants of Our said Province without the Advice and Consent of the Council there.
    48. 48. And Whereas there is no Power given You by your Commission to execute Martial Law in time of Peace, upon Soldiers in Pay, And yet nevertheless it may be necessary that some Care be taken for the keeping of good Discipline amongst those that we may at any time hereafter think fit to send into Our said Province (which may properly be provided for by the Legislative Power of the same) You are therefore to recommend unto the General Assembly of Our said Province that (if not already done) they prepare such Act or Law for the punishing of Mutiny, Desertion and false Musters, and for the better preserving of good Discipline among the said Soldiers as may best answer those Ends.
    49. 49. And Whereas by our Commission for the Government of Our said Province of the Massachusets Bay, We have given you all the Powers and Authorities of any Captain General over Our Colonies of Rhode Island, Providence Plantation and the Narraganset Country or Kings Province, Our Royal Pleasure and Intention is, that in Time of Peace the Militia within each of the said Colonies be left to the Government and Disposition of the respective Governors of the same, but so as nevertheless in case of apparent Danger or other Exigency You do at all Times take upon yourself the superior Command of those Forces as in the said Commission is directed.
    50. 50. Whereas it is absolutely necessary that We be exactly informed of the State of Defence of all Our Plantations in America, as well in relation to the Stores of War that are in each Plantation as to the Forts and Fortifications there, and what more may be necessary to be built for the Defence and Security of the same, You are so soon as possible to prepare an Account thereof with relation to Our said Province in the most particular Manner, And You are therein to express the present State of the Arms Ammunition and other Stores of War belonging to Our said Province, either in any publick magazines or in the Hands of private Persons together with the State of all Places either already fortified or that you judge necessary to be fortified for the Security of Our said Province; And You are to transmit the said Accounts to Our Commissioners for Trade and Plantations, in order to be laid before Us, As also a Duplicate thereof to Our Master General or Principal Officers of Our Ordnance, which Accounts are to express the Particulars of Ordnance, Carriages, Ball, Powder and all other Sorts of Arms & Ammunition in our publick Stores at your Arrival, and so from time to time of what shall be sent to you or bought with the publick Money, and to specify the Time of the Disposal, and the Occasion thereof, and other like Accounts half Yearly in the Same Manner.
    51. 51. You are to take especial Care that fit Storehouses be settled in Our Province of the Massachusets Bay, for receiving and keeping of Arms Ammunition and other publick Stores.996
    52. 52. And Whereas Our Royal Predecessors have been constantly at great Charge in sending thither and maintaining Ships of War to cruize upon the Coasts of that Province in order to their Protection against Enemies by Sea, You are therefore to require and press the Council and House of Representatives vigorously to exert themselves in fortifying all Places necessary for the Security of the said Province by Land, and in providing what else may be necessary in all Respects for their further Defence. In order whereunto You are also to cause a Survey to be made of all the considerable Landing Places and Harbours within the said Province, and with the Advice of the said Council to erect in any of them such Fortifications as shall be necessary for their Security and Advantage.
    53. 53. You shall transmit to Our Commissioners for Trade and Plantations by the first Opportunity in order to be laid before Us, a Map with the exact Description of the whole Territory under your Government with the several Plantations and Fortifications upon it, And You are likewise to use you best Endeavours to procure a good map to be drawn of all the Indian Country in the Neighbourhood of Our Plantations in those Parts marking the Names of the several Nations as they call themselves, and are called by the English and French and the Places where they inhabit, and to transmit the same in like manner.
    54. 54. You are from time to give an Account as before directed what Strength your Neighbours have (be they Indians or Others) by Sea and Land and of the Condition of their Plantations and what Correspondence you do keep with them.
    55. 55. And in case of any Distress of any Others of Our Plantations, You shall, upon Application of the respective Governors thereof to You, assist them with what Aid the Condition and Safety of Our Province under Your Government can permit.
    56. 56. Whereas We have been informed that in the Times of War Our Enemies have frequently got Intelligence of the State of Our Plantations by Letters from private Persons to their Correspondents in Great Britain taken on board Ships coming from the Plantations which has been of dangerous Consequence, Our Will and Pleasure therefore is, that You signify to all Merchants Planters and Others, that they be very cautious in time of War in giving any Account by Letters of the publick State & Condition of Our Province of the Massachusets Bay, And You are further to give Directions to all Masters of Ships or other Persons to whom you may intrust your Letters that they put such Letters into a Bag with a sufficient Weight to sink the same immediately in case of imminent Danger from the Enemy, And You are also to let the Merchants and Planters know how greatly it is for their Interest, that their Letters should not fall into the Hands of the Enemy, and therefore that they should give the like Orders to Masters of Ships in relation to their Letters; And You are further to advise all Masters of Ships that they do sink all Letters in case of Danger in the manner before mentioned.
    57. 57. And Whereas the Merchants and Planters in America have in Time of War corresponded, traded with Our Enemies and carryed Intelligence to them to the great Prejudice and Hazard of the British Plantations, You are therefore by all possible Methods to endeavour to hinder all such Trade and Correspondence in time of War.
    58. 58. You are from time to time to give unto Our Commissioners for Trade and Plantations as aforesaid in order to be laid before Us An Account of the Wants and Defects of Our said Province, what are the Chief Products thereof, what new Improvements are made therein by the Industry of the Inhabitants or Planters, and what further Improvements you conceive may be made or Advantages gained by Trade, and which way We may contribute thereunto.
    59. 59. If any thing shall happen which may be of Advantage or Security to Our said Province under your Government, which is not herein or by Your Commission provided for, We do hereby allow unto You with the Advice and Consent of the said Council to take Order for the present therein, giving to Our Commissioners for Trade and Plantations speedy Notice thereof in order to be laid before Us, that so you may receive our Ratification, if We shall approve the same; Provided always that you do not, by Colour of any Power or Authority hereby given you, commence or declare War without Our Knowledge and particular Command therein, except it be against Indians upon Emergencies, wherein the Consent of the Council shall be had, and speedy Notice thereof given to Our Commissioners for Trade and Plantations in order to be laid before Us.
    60. 60. And Whereas by Our Instructions in the third Year of Our Reign to Jonathan Belcher Esqr. Our late Governor of the Province of the Massachusets Bay, We did order and direct our said Governor to acquaint the Council and House of Representatives of Our said Province that as they hoped to recommend themselves to Our Royal Grace and Favour, We did expect that they should manifest the same by establishing a fixed and honorable Salary for the Support of the Dignity of Our Governor there for the time being, and that We deemed One Thousand Pounds Sterling per Annum a competent Sum for that Purpose to be constantly paid out of such Monies as should from time to time be raised for the Support of the Government & Defence of the Inhabitants of the said Province; Now it is Our Express Will & Pleasure that you recommend it in the most pressing and effectual Manner to the Assembly to pass An Act for settling a fixed Salary of One Thousand Pounds Sterling per Annum clear of all Deductions on yourself and your Successors in that Government, or at least on yourself, during the whole time of your Government. But in case the Assembly should not readily comply with this reasonable Recommendation, you may in the mean time, for the Support of Your Dignity as Governor of the said Province, and You are hereby impowered to give your Assent to such Bill as shall be annually passed for paying to you a Salary of One Thousand Pounds Sterling, or the Value thereof in Money of that Province, untill Our Royal Pleasure shall be signified to the contrary; Provided such Act be the first that shall be passed by the Assembly of the said Province before they proceed upon the Other Business of that Session, wherein such Act shall be proposed.
    61. 61. Whereas for some Years past the Governors of some of Our Plantations have seized and appropriated to their own Use the Produce of Whales of several kinds taken upon those Coasts, upon pretence that Whales are Royal Fishes, which tends greatly to discourage this Branch of Fishery in Our Plantations, and prevents Persons from settling there; It is therefore Our Will and Pleasure that you do not pretend to any such Claim, nor give any Manner of Discouragement to the Fishery of Our Subjects upon the Coast of the Province under your Government, but on the contrary that you will give all possible Encouragement thereto.
    62. 62. And Whereas great Prejudice may happen to Our Service, and the Security of Our said Province by your Absence from those Parts, Our Will and Pleasure is, that you shall not upon any pretence whatsoever come to Europe from your Government without having first obtained Leave from Us for so doing, under Our Sign Manual and Signet, or by Our Order in Our Privy Council.
    63. 63. Whereas We have been pleased by Our Commission to direct that in case of your Death or Absence from our said Province, and in case there be at that Time no Person upon the Place commissionated or appointed by Us to be Our Lieutenant Governor or Commander in Chief, the then present Council of Our aforesaid Province of the Massachusets Bay shall take upon them the Administration of the Government, and execute our said Commission and the several Powers and Authorities therein contained in the manner thereby directed; It is nevertheless Our Will and Pleasure, that in such Case the said Council shall forbear to pass any Acts but what are immediately necessary for the Peace and Welfare of Our said Province without Our particular Order for that Purpose.
    64. 64. And Whereas We are willing in the best Manner to provide for the Support of the Government of Our said Province by setting apart a sufficient Allowance to such as shall be Our Lieutenant Governor or Commander in Cheif residing for the time being within the same Our Will & Pleasure therefore is, that when it shall happen that You shall be absent from Our said Province, One full Moiety of the Salary & of all Perquisites and Emoluments whatsoever which would otherwise become due unto You during the Time of Your Absence from Our said Province, be paid and satisfied unto such Lieutenant Governor who shall be resident upon the Place for the time being, which We do hereby Order and allot unto him towards his Maintenance and for the better Support of the Dignity of that Our Government, Provided nevertheless, and it is Our Intent and Meaning that whenever You shall think it necessary for Our Service to go into the Colony of Rhode Island to view and regulate the Militia whereof We have appointed You Our Captain General and Commander in Chief, or whenever You shall be required by especial Order from Us or from Our Commander in Chief of Our Forces in America, to repair to any other of Our Governments on the Continent of America for Our particular Service, that then and in such Case you shall receive your full Salary, Perquisites and Emoluments as if You were then actually residing within Our Province of the Massachusets Bay, Any thing in these Instructions to the contrary in anywise notwithstanding.
    65. 65. And You are upon all Occasions to send unto Our Commissioners for Trade and Plantations only, a particular Account of all your Proceedings, and of the Condition of Affairs within Your Government, in order to be laid before Us, Provided nevertheless when any Occurrence shall happen within your Government of such a Nature and Importance as may require our more immediate Direction by one of Our principal Secretaries of State, and also upon all Occasions, and in all Affairs wherein you may receive Our Orders by one of Our Principal Secretaries of State, You shall in such Cases transmit to Our Secretary of State only, An Account of all such Occurrences and of your Proceedings relative to such Orders.

    G.R.997

    ADft, AC CO 5/897, pp. 208-242.

    The transcript shown here is a clear version of the draft approximating to how it stood when first prepared by John Pownall for the Board of Trade in 1760. The manuscript contains annotations and emendations by John Pownall when he used it as a boiler plate for the instructions prepared for Gov. Thomas Hutchinson in 1771. The emendations are partly of style, with Pownall substituting “secretary of state” for “Lords Commissioners for Trade and Plantation” in accordance with policy changes implemented in 1766 (for which see above, p. 8). But there are some substantive revisions. Pownall’s marginal annotations indicate which particular instructions were to be omitted or updated in Hutchinson’s set. The emendations and annotations were cross-referenced to Labaree, Royal Instructions, in order to confirm the status of all the instructions in both 1760 and 1771; they were originally recorded in a draft transcript along with appropriate editorial commentaries, which copy has been kept on file for reference.