Appendix 2

    TRADE INSTRUCTIONS AS GOVERNOR OF MASSACHUSETTS, 18 March 1760

    George R.

    Orders and Instructions to Our Trusty and Well-beloved Francis Bernard Esqr// Our Captain General and Governor in Chief in and over Our Province and Territory of the Massachusets Bay in New England in America. In pursuance of several Laws relating to the Trade and Navigation of this Our Kingdom of Great Britain and Our Colonies and Plantations 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. You shall inform yourself of the principal Laws relating to the Plantation Trade, Vizt: An Act for the encouraging and increasing of Shipping and Navigation; made in the twelfth year of the Reign of King Charles the second.998 An Act for preventing Fraud and regulating Abuses in the Customs, made in the thirteenth and fourteenth years of the said King’s Reign.999 an Act for the Encouragement of Trade, made in the fifteenth year of the said King’s Reign.1000 an Act to prevent planting of Tobacco in England; and for regulating the Plantation Trade, made in the twenty second and twenty third years of the said King’s Reign.1001 an Act for the Encouragement of the Greenland and Eastland Trades, and better securing the Plantation Trade, made in the twenty fifth year of the said King’s Reign.1002 an act for preventing Frauds and regulating Abuses in the Plantation Trade, made in the seventh and eighth years of the Reign of King William the third.1003 an Act for the Encrease and Encouragement of Seamen, made in the same years of the said King’s Reign.1004 an Act to enforce the Act for the Increase and Encouragement of seamen, made in the eighth year of the said King’s Reign.1005 an Act for raising a sum not exceeding two Millions &ca// and for settling the Trade to the East Indies, made in the ninth and tenth years of the said King’s Reign.1006 an Act to prevent the Exportation of Wool out of Ireland and England into foreign parts, and for the Encouragement of the Woollen Manufacture in the Kingdom of England, made in the tenth and eleventh years of the said King’s Reign.1007 an Act to encourage the Trade to Newfoundland made in the same years of the said King’s Reign.1008 an Act for the more effectual Suppression of Piracy, made in the eleventh and twelfth years of the said King’s Reign.1009 an Act to punish Governors of Plantations in this Kingdom for Crimes by them committed in the Plantations, made in the same years of the said King’s Reign.1010 an Act for granting a further Subsidy on Wines and Merchandizes imported, made in the third and fourth years of the Reign of Queen Anne.1011 an Act to permit the Exportation of Irish Linen Cloth to the Plantations &ca// made in the same years of the said Queens Reign.1012 an Act for encouraging the Importation of Naval Stores from Her Majesty’s Plantations in America, made in the same years of the said Queen’s Reign.1013 an Act for an Union of the two Kingdoms of England and Scotland, made in the fifth year of the said Queen’s Reign.1014 an Act for ascertaining the Rates of Foreign Coins in Her Majesty’s Plantations in America, made in the sixth year of the said Queen’s Reign.1015 an Act for the Encouragement of the Trade to America, made in the same year of the said Queen’s Reign.1016 an Act for continuing several Impositions &ca// and to limit a time for Prosecution upon certain Bonds called in the Act Plantation Bonds, made in the eighth year of the said Queen’s Reign.1017 an Act for the Encouragement of the Trade to America made in the same year of the said Queen’s Reign.1018 an Act for the Relief of Merchants importing Prize Goods from America, made in the tenth year of the said Queen’s Reign.1019 an Act for the further preventing Robbery, Burglary and other Felonies &ca// and for declaring the Law upon some Points relating to Pirates, made in the 4th year of His late Majesty Our Royal Father’s Reign.1020 an Act against clandestine running of uncustomed Goods, and for the more effectual preventing of Frauds relating to the Customs, made in the fifth year of His said late Majesty’s Reign.1021 an Act for the better securing the lawfull Trade of His Majesty’s Subjects to and from the East Indies, and for the more effectual preventing all His Majesty’s Subjects trading thither under foreign Commissions, made in the same year of His said late Majesty’s Reign.1022 an Act for the further preventing His Majesty’s Subjects from trading to the East Indies under foreign Commissions and for encouraging and further securing the lawfull Trade thereto, made in the seventh year of His said late Majesty’s Reign.1023 an Act for giving further Encouragement for the Importation of Naval Stores; and for other purposes therein mentioned, made in the eighth year of His said late Majesty’s Reign.1024 an Act for Encouragement of the silk Manufactures of this Kingdom &ca., and for Importation of all Furrs of the Product of the British Plantations into this Kingdom only &ca// made in the same year of His said late Majesty’s Reign.1025 an Act to prevent the clandestine Running of Goods &ca// and to subject Copper Ore of the Production of the British Plantations to such Regulations as other enumerated Commodities of the like production are subject to, made in the same year of His said late Majesty’s Reign.1026 an Act for the more effectual Suppression of Piracy, made in the same year of His said late Majesty’s Reign.1027 an Act for encouraging the Greenland Fishery, made in the tenth year of His said late Majesty’s Reign.1028 an Act for repealing the Duties laid upon Snuff &ca// and for giving a further Encouragement to the Greenland Fishery, made in the twelfth year of His said late Majesty’s Reign.1029 an Act to revive the Laws therein mention’d &ca// for making Copper Ore of the British Plantations and enumerated Commodity; for making perpetual an Act therein mentioned for Suppression of Piracy, &ca// made in the second year of Our Reign.1030 an Act for the better Preservation of His Majesty’s Woods in America, and for the Importation of Naval Stores from thence &ca// made in the same year of Our Reign.1031 an Act for reducing the Annuity or Fund of the united East India Company, and for ascertaining their Right of Trade to the East Indies, made in the same year of Our Reign.1032 an Act for importing from His Majesty’s Plantations in America directly into Ireland, Goods not enumerated in any Act of Parliament, made in the fourth year of Our Reign.1033 an Act for granting an Allowance upon the Exportation of British made Gunpowder, made in the same year of Our Reign.1034 an Act for further encouraging the Manufacture of British made Sail Cloth by taking off the Duties and Drawbacks therein mentioned, and allowing an additional Bounty &ca// made in the same year of Our Reign.1035 an Act for the more easy Recovery of Debts in His Majesty’s Plantations and Colonies in America, made in the fifth year of Our Reign.1036 an Act to prevent the Exportation of Hats out of any of His Majesty’s Colonies or Plantations in America, and to restrain the Number of Apprentices taken by Hatt Makers in the said Colonies or Plantations; and for the better encouraging the making Hats in Great Britain, made in the same year of Our Reign.1037 an Act for encouraging the Growth of Coffee in His Majesty’s Plantations in America, made in the same year of Our Reign.1038 an Act for encouraging the Greenland Fishery, made in the same year of Our Reign.1039 an Act for reviving an Act for better securing the lawful Trade of His Majesty’s Subjects to and from the East Indies, &ca// made in the same year of Our Reign.1040 an Act for the further Encouragement of the Whale Fishery; made in the sixth year of Our Reign.1041 an Act for encouraging and regulating the Manufacture of British Sail Cloth &ca// made in the ninth year of Our Reign.1042 an Act for laying a Duty upon Apples imported and for continuing an Act passed in the fourth year of Our Reign for granting an Allowance upon the Exportation of British made Gunpowder and for taking off the Drawback upon Exportation of Foreign paper and for the better securing the Payment of the Bounty on the Exportation of British made Sail Cloth; made in the tenth year of Our Reign.1043 an Act to continue two several Acts therein mention’d One for encouraging the Growth of Coffee in His Majesty’s Plantations in America, & the other for the better securing and encouraging the Trade of His Majesty’s Colonies in America, made in the eleventh year of Our Reign.1044 an Act for taking off the duties upon Woollen and Bay Yarn imported from Ireland to England and for the more effectual preventing the Exportation of Wool from Great Britain and of Wool and Wool manufactured from Ireland to Foreign parts; made in the twelfth year of Our Reign.1045 an Act for granting a Liberty to carry Sugars of the Growth, Produce, or Manufacture of any of His Majesty’s Sugar Colonies in America from the said Colonies directly to foreign parts in Ships built in Great Britain and navigated according to Law, made in the same year of Our Reign.1046 an Act to rectify a mistake in an Act made in the sixth year of the Reign of of His late Majesty King George the first for preventing Frauds &ca// to obviate a Doubt which has arisen upon an Act made in the seventh year of His said late Majesty’s Reign for the further preventing His Majesty’s Subjects from Trading to the East Indies under foreign Commissions &ca// made in the same year of Our Reign.1047 an Act to continue several Laws therein mention’d &ca// and for better securing the lawfull Trade of His Majesty’s Subjects to and from the East Indies &ca// made in the same year of Our Reign.1048 an Act for the better Supply of mariners and seamen to serve in His Majesty’s Ships of War and on Board Merchants Ships and other trading Ships and Privateers, made in the thirteenth year of Our Reign.1049 an Act for the more effectual securing and encouraging the Trade of His Majesty’s British Subjects to America, and for the Encouragement of Seamen to enter into His Majesty’s Service, made in the same year of our Reign.1050 an Act for continuing the several Laws therein mentioned relating to the Premiums upon the Importation of Masts, Yards, and Bowsprits, Tar, Pitch and Turpentine, to British made Sail Cloth and the Duties payable on foreign made Sail Cloth, to the Greenland and to the Whale Fishery, and for granting a further Bounty &ca// &ca// made in the same year of Our Reign.1051 an Act for naturalizing such foreign Protestants and others therein mentioned as are settled or shall settle in any of His Majesty’s Colonies in America; made in the same year of Our Reign.1052 an Act for restraining and preventing several unwarrantable Schemes and Undertakings in His Majesty’s Colonies and Plantations in America, made in the fourteenth year of Our Reign;1053 an Act for the Encouragement and increase of Seamen and for the better and speedier manning His Majesty’s Fleets, made in the same year of Our Reign.1054 an Act to revive several Acts &ca// &ca// and for extending the Liberty given by the Act of the twelfth year of the Reign of His present Majesty for carrying Sugar of the Growth of the British Sugar Colonies in America &ca// to Ships belonging to any of His Majesty’s subjects residing in Great Britain, and navigated according to Law &ca// &ca// made in the fifteenth year of Our Reign.1055 an Act for further regulating the Plantation Trade &ca// made in the same year of Our Reign.1056 an Act to continue several Laws for the Encouragement of the making of Sail Cloth in Great Britain; made in the same year of Our Reign.1057 an Act for continuing several Laws relating to the Exportation of British made Gunpowder to the Importation of Navall Stores from the British Colonies in America &ca// made in the sixteenth year of Our Reign.1058 an Act to continue the several Laws therein mention’d for preventing Theft and Rapine &ca// and for granting a Liberty to carry Sugars of the Growth, Produce or Manufacture of any of His Majesty’s Sugar Colonies in America from the said Colonies directly to foreign parts &ca// made in the seventeenth year of Our Reign.1059 an Act for the better Encouragement of Seamen in His Majesty’s Service and Privateers to annoy the Enemy, made in the same year of Our Reign.1060 an Act for giving a public Reward to such Person or Persons His Majesty’s Subject or Subjects as shall discover a North West Passage through Hudson’s Streights to the Western and Southern Ocean of America, made in the eighteenth year of Our Reign.1061 an Act to amend an Act made in the eleventh year of the Reign of King William the third, entituled an Act for the more effectual Suppression of Piracy, made in the same year of Our Reign.1062 an Act to continue two Acts of Parliament, one for encouraging the Growth of Coffee in His Majesty’s Plantations in America, and the other for the better securing and encouraging the Trade of His Majesty’s Sugar Colonies in America, made in the nineteenth year of Our Reign.1063 an Act for the more effectual securing the Duties now payable on foreign made sail Cloth imported into this Kingdom and for charging all foreign made Sails with a Duty, and for explaining a Doubt concerning Ships being obliged at their first setting out to sea to be furnished with one compleat set of Sails made of British Sail Cloth, made in the same year of Our Reign.1064 an Act for the better Encouragement of the Trade of His Majesty’s Sugar Colonies in America, made in the same year of Our Reign.1065 an Act for the better securing the Payment of Shares of Prizes taken from the Enemy to the Royal Hospital at Greenwich and for preventing the Embezzelment of Goods and Stores belonging to the said Hospital, made in the twentieth year of Our Reign.1066 an Act to extend the Provision of an Act made in the thirteenth year of His present Majesty’s Reign intituled, an Act for naturalizing such foreign Protestants and others therein mentioned as are settled or shall settle in any of His Majesty’s Colonies in America, to other Foreign Protestants who conscientiously scruple the taking of an Oath, made in the same year of Our Reign.1067 an Act to continue several Laws for prohibiting the Importation of Books reprinted abroad &ca// and for better securing the lawfull Trade of His Majesty’s Subjects to and from the East Indies &ca// made in the same year of Our Reign.1068 an Act to continue several Laws relating to the manufactures of Sail Cloth and Silk, and to give further time for the payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices, &c. &ca// made in the same year of Our Reign.1069 an Act to continue several Laws &ca// relating to Rice, to Frauds in the Customs &ca// and to Copper Ore of the British Plantations &ca// made in the same year of Our Reign.1070 an Act for further regulating the Proceedings upon Courts Martial in the Sea Service; and for entending the Discipline of the Navy to the Crews of His Majesty’s Ships wrecked, lost or taken; and for continuing to them their Wages upon certain Conditions, made in the twenty first year of Our Reign.1071 an Act for permitting Tea to be exported to Ireland and His Majesty’s Plantations in America, without paying the inland Duties charged thereupon by an Act of the eighteenth year of His present Majesty’s Reign &ca// made in the same year of Our Reign.1072 an Act for encouraging the making of Indico in the British Plantations in America, made in the same year of Our Reign.1073 an Act to continue and amend several Laws for Relief of Debtors &ca// and to rectify a Mistake in an act passed in the last Session of Parliament for continuing several Laws therein mention’d &ca// made in the same year of Our Reign.1074 an Act for encouraging the People known by the name of Unitas Fraternum or united Brethren to settle in His Majesty’s Colonies in America, made in the twenty second year of Our Reign.1075 an Act for amending, explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty’s Ships, Vessels and Forces by sea, made in the same year of Our Reign.1076 an Act for the further Encouragement & Enlargement of the Whale Fishery, and for continuing such Laws as are therein mentioned relating thereto, and for the naturalizing of such foreign Protestants as shall serve for the time therein mentioned on Board such Ships as shall be fitted out for the said Fishery, made in the same year of Our Reign.1077 an Act for encouraging the Growth and Culture of Raw Silk in His Majesty’s Colonies or Plantations in America, made in the twenty third year of Our Reign.1078 an Act to encourage the Importation of Pig and Bar Iron from His Majesty’s Colonies in America, and to prevent the Erection of any Mill or other Engine for slitting of rolling Iron, or any plateing Forge to work with a Fill Hammer, or any Furnace for making Steel in any of the said Colonies, made in the same year of Our Reign.1079 an Act for regulating the Commencement of the year, and for correcting the Calendar now in use, made in the twenty fourth year of Our Reign.1080 an Act for the more effectual securing the Duties upon Tobacco, made in the same year of Our Reign.1081 an Act for encouraging the making of Pott Ashes and Pearl Ashes in the British Plantations in America, made in the same year of Our Reign.1082 an Act for continuing several Laws therein mentioned relating to the Præmiums upon the Importation of Masts, Yards and Bowsprits, Tar, Pitch and Turpentine, to British made Sail Cloth and the Duties payable on foreign sail Cloth, and to the Allowance upon the Exportation of British made Gunpowder, made in the same year of Our Reign.1083 an Act to regulate and restrain Paper Bills of Credit in His Majesty’s Colonies or Plantations of Rhode Island and Providence Plantation, Connecticut, the Massachusetts Bay and New Hampshire in America, and to prevent the same being legal Tender in payment of Money, made in the same year of Our Reign.1084 an Act to continue several Laws therein mentioned, and for granting a Liberty to carry Sugars of the Growth, Produce or Manufacture of any of His Majesty’s Sugar Colonies in America from the said Colonies directly into foreign Parts in Ships built in Great Britain, and navigated according to Law &ca. &ca// made in the same year of Our Reign.1085 an Act for avoiding and putting an end to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning real Estate in that part of Great Britain called England, and in His Majesty’s Colonies and Plantations in America, made in the twenty fifth year of Our Reign.1086 an Act to restrain the making [of] Insurances on foreign Ships bound to or from the East Indies, made in the same year of Our Reign.1087 an Act to amend an Act made in the last Session of Parliament, intituled; an Act for regulating the Commencement of the year, and for correcting the Calendar now in use, made in the same year of Our Reign.1088 an Act for continuing the Act for encouraging the Growth of Coffee in His Majesty’s Plantations in America; and also for continuing under certain Regulations so much of an Act as relates to the Præmiums upon the Importation of Masts, Yards and Bowsprits, Tar, Pitch and Turpentine, made in the same year of Our Reign.1089 an Act for continuing several Laws relating to the Punishment of Persons going armed or disguised in Defiance of the Laws of Custom or Excise &ca. &ca// and for encouraging the Trade of the Sugar Colonies in America, &ca &ca// made in the twenty sixth year of Our Reign.1090 All which Laws you will herewith receive, and you shall take a solemn Oath to do your utmost that all the Clauses, Matters and things contained in the before recited Acts and in all other Acts of Parliament now in force or that hereafter shall be made relating to Our Colonies or Plantations, be punctually and bona Fide observed according to the true Intent and meaning thereof.
    2. 2. And as by the aforesaid Act, made in the seventh and eighth years of King William the third1091 the Officers appointed for Performance of certain things mentioned in the aforesaid Act for the Encouragement of Trade,1092 commonly known by the name of the Naval Officers, are to give Security to the Commissioners of Our Customs in Great Britain for the time being, or such as shall be appointed by them for Our Use for the true and faithful Performance of their Duty, you shall take Care that the said Naval Officers do give such Security to the said Commissioners of Our Customs, or the Surveyor General of the Customs for the Northern District, who is empower’d to take the same in the manner thereby enjoin’d; and that he or they produce to you a Certificate from them of his or their having given Security pursuant to a Clause in the said Act, and you are not to admit any Person to act as naval Officer, who does not within two months, or as soon as conveniently may be, after he has entered upon the Execution of his Office, produce a Certificate of his having given such Security as aforesaid.
    3. 3. And whereas it is necessary for the more effectual Dispatch of Merchants and others that the naval Officer and the Collectors of the Customs should reside at the same Ports or Towns, you are therefore to take Care that this Regulation be observed, and to consult with the Surveyor General of Our Customs in what place it may be most convenient to have the Custom House fix’d in each part of his District, and to take Care that the Collector and naval Officer reside within a Convenient Distance of the Custom House for the dispatch of Business.
    4. 4. Whereas by the said Act of Navigation1093 no Goods or Commodities whatsoever are to be imported into or exported out of any of Our Colonies or Plantations in any other Ships or Vessels whatsoever, but in such as do truly and without Fraud belong only to Our People of Great Britain or Ireland, or are of the Built of and belonging to any of Our Lands, Islands or Territories as the Proprietors and right Owners thereof, and whereof the master and three fourths of the Marines at least are British, under the penalty of the Forfeiture and Loss of all the Goods and Commodities, which shall be imported into or exported out of any of the said Places in any other Ship or Vessel, as also of the Ship or Vessel, with her Guns, Furniture, &ca And whereas by a Clause in the aforesaid Act of Frauds,1094 no foreign built Ship, that is to say, not built in any of Our Dominions of Asia, Africa or America, shall enjoy the Privilege of a Ship belonging to Great Britain or Ireland, altho’ owned and manned by British Subjects, (except such Ships only as shall be taken at Sea by Letters of Mart or Reprizal and Condemnation thereof made in Our Court of Admiralty as lawful Prize;) but all such Ships shall be deemed as Aliens Ships, and be liable to all Duties that Aliens Ships are liable to by virtue of the aforesaid Act for the encouraging and encreasing of Shipping and Navigation;1095 and whereas by a Clause in the aforesaid Act for preventing Frauds and regulating Abuses in the Plantation Trade,1096 it is enacted that no Goods or Merchandizes whatsoever shall be imported into or exported out of any of Our Colonies or Plantations in Asia, Africa or America, or shall be laden in or carried from any one Port or Place in the said Colonies or Plantations to any other Port or Place in the same or to Our Kingdom of Great Britain, in any Ship or Bottom, but what is, or shall be of the Built of Great Britain or Ireland, or of the said Colonies or Plantations, and wholly owned by the People thereof or any of them, and navigated with the Master and three fourths of the Mariners of the said Places only, (except such Ships only as shall be taken Prizes and Condemnation thereof made in one of the Courts of Admiralty in Great Britain, Ireland, or the said Plantations, to be navigated by the Master and three fourths of the Mariners British, or of the said Plantations as aforesaid, and whereof the Property doth belong to British Subjects,) on pain of Forfeiture of Ship and Goods; and whereas by another Clause in the said Act for the more effectual Prevention of Frauds, which may be us’d by colouring foreign Ships under British Names, it is further enacted, that no Ship or Vessel whatsoever shall be deemed or pass as a Ship of the Built of Great Britain, Ireland, Guernsey, Jersey, or any of Our Plantations in America, so as to be qualified to trade to, from or in any of the said Plantations, until the Person or Persons claiming Property in such Ship or Vessel shall register the same in manner thereby appointed; you shall take Care and give in Charge that these Matters and Things be duly observed within Our said Province under your Government, according to the True Intent and Meaning of the said Acts, and the Offences and Offenders prosecuted according to the Directions thereof, and where it is required that the Master and three fourths of the Mariners be British, you are to understand, that the True Intent and Meaning thereof is, that they shall be such during the whole Voyage, unless in case of Sickness, Death or being taken Prisoners in the Voyage, to be proved by the Oath of the Master or other Chief Officer of the Ship, and none but Our Subjects of Great Britain, Ireland or the Plantations are to be accounted British.
    5. 5. Whereas by the said Act of Navigation,1097 as the same stands amended and altered by the aforesaid Act for regulating the Plantation Trade,1098 it is enacted that for every Ship or Vessel which shall set Sail out of or from Great Britain for any British Plantation in America, Asia or Africa sufficient Bond shall be given with one surety to the Chief Officer of the Customs of such Port or Place, from whence the said Ship shall set sail, to the Value of one thousand pounds, if the Ship be of less Burthen than one hundred Tons, and of the sum of two thousand pounds, if the Ship shall be of greater Burthen, that in case the said Ship or Vessel shall load any of the Commodities therein enumerated, Vizt. Sugar, Tobacco, Cotton, Wool, Indigo, Ginger, Fustick or other Dying Wood of the Growth, Production or Manufacture of any British Plantation in America, Asia or Africa, at any of the said British Plantations, the said Commodities shall by the said Ship be brought to some Port of Great Britain, and be there unloaden and put on Shore, the Danger of the Seas only excepted, and for all Ships coming from any Port or Place to any of the aforesaid Plantations, which by this Act are permitted to trade there, that the Governors of such British Plantations shall, before the said Ship or Vessel be permitted to load on Board any of the said Commodities, take Bond in manner and to the Value aforesaid for each respective Ship or Vessel, that such Ship or Vessel shall carry all the aforesaid Goods that shall be loaden on Board the said Ship or Vessel to some other of the said British Plantations or to Great Britain, and that every Ship or Vessel, which shall load or take on Board any of the aforesaid Goods until such Bond be given to the said Governor or Certificate produced from the Officers of any Custom House of Great Britain, that such Bond hath been there duly given, shall be forfeited, with her Guns, Tackle, Apparel and Furniture, to be employed and recovered as therein is directed; And whereas by the Two aforementioned Acts passed in the third & fourth years of Queen Anne, the one, entituled, an Act for encouraging the Importation of Naval Stores from Her Majesty’s Plantations in America,1099 and the other, an Act for granting to Her Majesty a further Subsidy on Wines and Merchandizes imported,1100 and by two other aforementioned Acts passed in the eighth year of His said late Majesty’s Reign, the one entituled, an Act for Encouragement of the Silk Manufactures of this Kingdom, and for taking off several Duties on Merchandizes exported, and for reducing the Duties upon Beaver Skins, Pepper, Mace, Cloves and Nutmegs imported, and for Importation of all Furs of the Product of the British Plantations into this Kingdom only,1101 the other entituled, an Act to prevent the Clandestine running of Goods, &ca// and to subject Copper Ore of the Production of the British Plantations to such Regulations as other enumerated Commodities of the like Production are subject,1102 continued by an Act passed in the eighth year of Our Reign,1103 and is still in force, all Rice (except under the Regulations prescribed in the beforementioned Acts of the third and eighth years of Our reign,) Molasses, Furs, Hemp, Pitch, Tar, Turpentine, Masts, Yards, Bowsprits, and Copper Ore are under the like Securities and Penalties restrain’d to be imported into this Kingdom as the other abovementioned enumerated Commodities; you are therefore to take particular Care, and give the necessary Directions, that the true Intent and Meaning of all the said Acts be strictly and duly complied with.
    6. 6. You shall carefully examine all Certificates which shall be brought to you of Ships giving Security in this Kingdom to bring their lading of Plantation Goods hither, as also Certificates of having discharged their Ladings of Plantation Goods in this Kingdom pursuant to their Securities. And whereas the better to prevent any of the aforesaid Certificates from being counterfeited, the Commissioners of Our Customs have thought fit to sign the same, it is therefore Our Will and Pleasure, that no such Certificates be allowed of, unless the same be under the Hands and Seals of the Customer, Collector & Comptroller of the Customs in some Port of this Kingdom, or two of them, as also under the Hands of four of Our Commissioners of the Customs at London, or three of Our Commissioners of the Customs at Edinburgh, and where there shall be reasonable Ground of Suspicion, that the Certificate of having given Security in this Kingdom is false & counterfeit, in such Case you or the Person or Persons appointed under you shall require and take sufficient Security for the Discharge of the Plantation Lading in this Kingdom, and where there shall be cause to suspect, that the Certificate of having discharged the Lading of Plantation Goods in this Kingdom is false and counterfeit, you shall not cancel or vacate the Security given in the Plantations, untill you shall be informed from the Commissioners of Our Customs in Great Britain, that the matter of the said Certificate is true; And if any Person or Persons shall counterfeit, raze or falsify any such Certificate for any Vessel or Goods, or shall knowingly or willingly make use thereof, you shall prosecute such Person for the Forfeiture of the sum of five hundred pounds, according to a Clause of the aforesaid Act for preventing Frauds and regulating Abuses in the Plantation Trade; and pursuant to the said Act you shall take Care, that in all such Bonds to be hereafter given, or taken in the Province under your Government, the Sureties therein named be Persons of known Residence and Ability there for the Value mentioned in the said Bonds, & that the Condition of the said Bonds be within eighteen Months after the Date thereof, the Danger of the Seas excepted, to produce a Certificate of having landed and discharged the Goods therein mentioned in one of Our Plantations or in this Kingdom, otherwise to attest the Copy of such Bonds under your hand and Seal, and to cause Prosecutions thereof. And it is Our further Will and Pleasure, that you do give Directions to the Naval Officer or Officers not to admit any person to be Security for another who has Bonds standing out undischarged, unless he be esteemed responsible for more than the Value of such Bonds.
    7. 7. And you are also to give Directions to the said Naval Officer or Officers to advise with the Collector of the Port or District in taking Bonds, and not to admit any Person to be Security in any Plantation Bond, untill approved by the said Collector. And whereas Lists of all Certificates granted in South Britain for the Discharge of Bonds given in the Plantations are every Quarter sent to the Collectors of the Districts where such Bonds are given, the said Naval Officer or Officers is or are to take Care, that no Bond be discharged or cancelled by him or them without first advising with the Collector and examining the said List to see that the Certificate is not forged or counterfeited. And whereas the Surveyors General of Our Customs in America are directed to examine from time to time, whether the Plantation Bonds be duly and regularly discharged, you are to give Directions, that the Surveyor General for the Northern District be permitted to have recourse to the said Bonds as well as the Book or Books in which they are or ought to be entred, and to examine as well whether due Entry thereof be made, as whether they are regularly taken and discharged, and where it shall appear that Bonds are not regularly discharged you are to order that such Bonds be put in Suit.
    8. 8. You are to understand that the Payment of the Rates and duties imposed by the aforesaid Act for the Encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade,1104 on the several Plantation Commodities therein enumerated, doth not give Liberty to carry the said Goods to any other Place than to some of Our Plantations or to great Britain only; and that notwithstanding the Payment of the said Duties, Bond must be given to carry the said Goods to some of the said Plantations, or to Great Britain, and to no other Place.
    9. 9. You shall every three Months or oftner, or otherwise as there shall be Opportunity of Conveyance, transmit to the Commissioners of Our Treasury or Our High Treasurer for the time being, to Our Commissioners for Trade and Plantations, and to the Commissioners of Our Customs in London, a List of all Ships and Vessels trading in the said Province according to the Form and Specimen hereunto annexed, together with a list of the Bonds taken, pursuant to the Act passed in the twenty second and twenty third years of King Charles the second’s Reign, entituled, an Act to prevent planting Tobacco in England, and for regulating the Plantation Trade;1105 and you shall cause Demand to be made of every Master at his clearing, of an Invoice of the Content and Quality of his Lading &ca// according to the Form hereunto also annexed, and to inclose a Copy of thereof by some other Ship, or, for want of such Opportunity, by the same Ship under Cover sealed and directed to the Commissioners of Our Treasury or Our High Treasurer for the time being, to Our Commissioners for Trade and Plantations, and to the Commissioners of Our Customs in London, and send another Copy of the said Invoice in like manner to the Collector of that Port in this Kingdom for the time being, to which such Ship shall be said to be bound.
    10. 10. Whereas by the aforesaid Act for the Encouragement of Trade,1106 no Commodities of the Growth, Production or Manufacture of Europe, except Salt for the Fishery of New England and Newfoundland, Wines of the Growth of the Maderas, or Western Islands or Azores, Servants and Horses from Ireland and all Sorts of Victuals of the Growth & Production of Ireland, and Salt to the Provinces of Pennsylvania and new York in pursuance of two Acts, the one passed in the thirteenth year of His said late Majesty’s Reign,1107 & the other in the third year of Our Reign1108 shall be imported into any of Our Colonies or Plantations, but what shall be bona fide & without Fraud laden & shipp’d in Great Britain, & in Ships duly qualified, you shall use your utmost Endeavour for the due Observance thereof; & if contrary hereunto, any Ship or Vessel shall import into Our said Province under your Government any Commodities of the Growth, Production or Manufacture of Europe but what are before excepted, of which due Proof shall not be made that the same were Ship’d or laden in some Port of Great Britain by producing Cocquet or Certificates under the Hands & Seals of the Officers of Our Customs in such Port or Place where the same were laden, such Ship or Vessel, & Goods shall be forfeited; & you are to give in Charge that the same be seized and prosecuted accordingly.
    11. 11. And in order to prevent the Acceptance of forged Cocquets or Certificates, which hath been practised to Our great Prejudice, you are to give effectual Orders, that for all such European Goods as by the said Act are to be ship’d and Laden in Great Britain, Cocquets for [blank] the same from hence be produced to the Collectors or other Officers of Our Customs in Our fore-said Province under your Government for the time being before the unlading thereof, and you shall give order that no European Goods be landed but by Warrant from the said Collector in the Presence of an Officer appointed by him. And for the better Prevention of Frauds of this kind, you shall take Care that, according to the said Act of Trade, no Ship or Vessel shall be permitted to Lade or Unlade any Goods or Commodities whatsoever, until the Master or Commander thereof shall first have made known to you or such Officer or other Person as shall be thereunto Authorized and appointed, the Arrival of such Ship or Vessel, with her Name and the Name and Sir Name [surname] of the Master, and hath shewn that She is a Ship duly Navigated and otherwise qualified according to Law, and hath delivered to you or such other Person as aforesaid a true and perfect Inventory of her Lading, together with the Place or Places in which the said Goods were Laden and taken into the said Ship or Vessel, under Forfeiture of such Ship and Goods.
    12. 12. You shall not make or allow of any Law, By Laws, Usages or Customs in Our said Province under your Government, which are repugnant to the Laws herein before mentioned, or any of them; or to any other Law already made or hereafter to be made in this Kingdom, so far as such Laws relate to and mention the said Plantations; but you shall declare all such Laws By Laws, Usages or Customs in Our said Province under your Government, which are any wise repugnant to the said Laws or any of them, to be illegal, null and void to all Intents and purposed whatsoever.
    13. 13. You shall be aiding and assisting to the Collectors and other Officers of Our Admiralty and Customs appointed or that shall hereafter be appointed by the Commissioners of Our Customs in this Kingdom by and under the Authority and Direction of the Commissioners of Our Treasury or Our High Treasurer of Great Britain for the time being, or by Our High Admiral or Commissioners for executing the Office of High Admiral of Great Britain for the time being, in putting in execution the several Acts of Parliament before mentioned; and you shall cause due Prosecution of all such Persons as shall anyways hinder or resist any of the said Officers of Our Admiralty or Customs in the Performance of their Duty, It is likewise Our Will and Pleasure, and you are hereby required by the first Opportunity to move the Assembly of Our said Province, that they Provide for the expence of Making Copies for the Surveyor General of Our Customs in Our said Province for the time being of all Acts and Papers which bear any Relation to the Duty of his Office; and in the meantime you are to give Orders, that the said Surveyor General for the time being as aforesaid be allowed a free Inspection in the Publick Offices within your Government of all such Acts and Papers without paying any Fee or Reward for the same.
    14. 14. Whereas the Commissioners appointed for Collecting the Six Pence Per Month from Seamens Wages for Our Royal Hospital at Greenwich pursuant to an Act of Parliament passed in the second Year of Our Reign, entitled, An Act for the more effectual Collecting in Great Britain, Ireland and other Parts of his Majesty’s Dominions the Duties granted for the Support of the Royal Hospital at Greenwich,1109 have given Instructions to their Receivers in foreign Parts for their Government therein; It is therefore Our Will and Pleasure, that you be aiding and Assisting to the said Receivers in your Government in the due Execution of their Trusts.
    15. 15. And whereas by an Act passed in the sixth Year of Our Reign, entitled, an Act for the better securing and encouraging the Trade of His Majesty’s Sugar Colonies in America,1110 a Duty is laid on all Rum, Melasses, Syrups, Sugar & Paneles1111 of the Produce and Manufacture of any of the Plantations not in Our Possession or under Our Dominion, which shall be imported into any of Our Colonies or Plantations; Notwithstanding which We are informed, that great quantities of foreign Rum, Melasses, Syrups, Sugar and Paneles are clandestinely landed in Our Plantations without Payment of the said Duty, Our Will and Pleasure is, that you be aiding and Assisting to the Collectors and other Officers of Our Customs in your Government in Collecting the said Duties, and seizing all such Goods as shall be so clandestinely landed or put on Shore without Payment of the Duty; and you shall cause due Prosecution of all such Rum, Melasses, Syrups, Sugar and Paneles, as shall be seized for Non-Payment of the Duty, as well as the Persons Aiding or Assisting in such unlawfull Importations, or that shall hinder, resist or molest the Officers in the Due Execution of the said Law.
    16. 16. You shall take care that upon any Actions, Suits and informations that shall be brought, commenced or Entred in Our said Province under your Government upon any Law or Statute concerning Our Duties, or Ships or Goods to be forfeited by Reason of any unlawful Importations or Exportations, there be not any Jury but of such as are Natives of Great Britain or Ireland or are born in any of Our said Plantations.
    17. 17. You shall take Care that in all Places of Trust in the Courts of law, or in what relates to the Treasury of Our said Province under Government, be in the hands of Our native Born Subjects of Great Britain, or Ireland or the Plantations.
    18. 18. And that there may be no Interruption or Delay in matters of Prosecution, and Execution of Justice in Our Courts of Judicature within Our said Province under your Government by the Death or Removal of any of Our Officers employed therein, until We can be advised thereof and appoint others to succeed in their Places, You shall make Choice of Persons of known Loyalty, Experience, ^Diligence and^ Fidelity, to be employed for the Purposes aforesaid, until you shall have Our Approbation of them or the Nomination of others from hence.
    19. 19. You shall from time to time Correspond with the Commissioners of Our Customs in London for the time being, and advise them of all Failures, Neglects, Frauds, and Misdemeanours of any of the Officers of Our Customs in Our said Province under your Government, and shall also advise them, as Occasion shall offer, of all Occurrences necessary for their Information, relating either to the aforesaid Laws of Trade and Navigation, or to Our Revenue of Customs, and other Duties under their Management both in Great Britain and the Plantations.
    20. 20. If you shall discover that any Persons or their Assigns claiming any Right or Property in any Island or Tract of Land in America by Charter or by Letters Patents, who shall at any time hereafter Alien, Sell or dispose of such Island, Tract of Land, or Propriety, other than to Our Natural born Subjects of Great Britain, without the Licence or Consent of Us, Our Heirs or Successors, signified by Our or their Order in Council first had and obtained, you shall give notice thereof to Us, and to Our Commissioners of Our Treasury, or to Our High Treasurer of Great Britain for the time being.
    21. 21. Whereas by the aforesaid Act for preventing Frauds and regulating Abuses in the Plantation-Trade,1112 it is provided for the more effectual Prevention of Frauds, which may be used to elude the Intention of the said Act by Colouring foreign Ships under British Names, that no Ship or Vessel shall be deemed or pass as a Ship of the Built of Great Britain or Ireland, Guernsey, Jersey or any of Our Plantations in America, so as they be qualified to trade to, from or in any of Our said Plantations, until the Person or Persons claiming Property in such Ship or Vessel shall Register the same in manner thereby directed, you shall take care that no foreign built ship be permitted to pass as a Ship belonging to Our Kingdom of Great Britain or Ireland, until Proof be made upon Oath of one or more of the Owners of the said Ship before the Collector or Comptroller of Our Customs in such Port to which she belongs, or upon like Proof before your self with the Principal Officer of Our Revenue residing in Our aforesaid Province under your Government, if such Ship shall belong to the said Province; which Oath you and the Officers of Our Customs respectively are Authorized to administer in manner thereby directed, and being Attested by you and them so administring the same, and registered in due form according to the Specimen hereunto annexed, you shall not fail immediately to transmit a Duplicate thereof to the Commissioners of Our Customs in London, in order to be entred in a general Register to be there kept for that purpose, with Penalty upon every Ship or Vessel trading to, from or in any of Our said Plantations in America, as aforesaid, and not having made Proof of her Built and Property, as by the aforementioned Act is directed, that she shall be liable to such Prosecution and forfeiture as any foreign Ship, (except Prizes condemned in Our High Court of Admiralty) would for Trading with Our Plantations by the said Law be liable unto; with this Proviso, that all such Ships as have been or shall be taken at Sea by Letters of Mart or Reprizal, and Condemnation or thereof made in Our High Court of Admiralty as lawfull Prize, shall be specially registered, mentioning the Capture and Condemnation instead of the time and place of Building, with Proof also upon Oath that the entire Property is British, before any such Prize be allowed the Privilege of a British built Ship according to the meaning of the said Act: and that no Ships Name registred be afterwards changed without registring such Ship de Novo, in which by the said Act is required to be done upon any transfer of Property to another Part, and delivering up the former Certificate to be Cancelled, under the same Penalties of and in like method; and in case of any alteration of Property in the same Port by the Sale of one or more Shares in any Ship after registring thereof, such Sale shall always be acknowledged by endorsment on the Certificate of [blank] Register before two Witnesses, in order to prove that the entire Property in such Ship remains to some of Our Subjects of Great Britain, if any Dispute shall arise concerning the same.
    22. 22. Whereas by the Act passed the Twenty first Year of Our Reign for encouraging the making of Indigo in the British Plantations in America,1113 a Premium of Six pence per Pound is allowed on the importation of Indigo of the growth of the British Plantations, and there are likewise contained in the said Act several Provisions to prevent Frauds by importing foreign Plantation-made Indigo, or any false Mixtures in what is made in the British Plantations with a view to recover the said Premiums; It is therefore Our Will and Pleasure, that, if there now are or here shall be any Plantation of Indigo within Our said Province under your Government; you do not take particular Care, that the said Provisions be duly and punctually complied with, and do likewise from time to time transmit to Our Commissioners for Trade and Plantations, in order to be laid before Us, an Account of all such Plantations of Indigo, with the Names of the Planters and the quantity of [blank] Indigo they make, as also the quantity of such Indigo Exported from the said Province, distinguishing the time when exported and the Port where shipped, the Name of the Vessels, and the Port to which bound, and if there be any foreign Indigo imported into the said Province, it is Our further Will and Pleasure, that you do in like manner transmit an Account of such ^foreign^ Indigo Imported, distinguishing the time when and the place from whence imported, together with an Account of such foreign Indigo exported, and the Port where Shipped, the Names of the Vessels, and the Ports to which bound.
    23. 23. Whereas by the Act passed in the tenth Year of the Reign of King William the third to prevent the Exportation of Wool out of the Kingdoms of Ireland and England into foreign Parts, And for the Encouragement of the Woollen Manufactures in the Kingdom of England,1114 It is among other things therein enacted, that no Wool, Woolfels, shortlings, Mortlings, Wool flocks, Worsted, Bay or Woolen Yarn, Cloth, Serge, Bays, Kerseys, Says, Frizes, Druggets, Cloth-Serges, Shalloons, or any other Drapery Stuffs or Woolen Manufactures whatsoever, made or Mixed with Wool or Wool Flocks, being of the Product or Manufacture of any of the British Plantations in America, shall be laden or laid on board in any Ship or Vessel in any Place or Port within any of the said British Plantations upon any Pretence whatsoever: As also that no such Wool or other the said Commodities, being of the Product or Manufacture of any of the said British Plantations, shall be loaden upon any Horse, Cart or other Carriage, to the Intent and Purpose to be exported, transported, carried or conveyed out of the said British Plantations to any other of Our [blank] Plantations or to any other Place whatsoever, upon the same and like Pains, Penalties and Forfeitures to and upon all the Offender and Offenders therein within all and every of Our said British Plantations respectively, as are provided and prescribed by the said Act for the like Offences committed within Our Kingdom of Ireland, You are to take effectual Care, that the true Intent and Meaning thereof, so far forth as it relates to you, be duly put in Execution.
    24. 24. In the Act made in the Twenty fourth Year of Our Reign for the more effectual securing the Duties upon Tobacco,1115 there is a Clause to prevent Frauds in the Importation of Bulk Tobacco, enacting that no Tobacco shall be imported into this Kingdom otherwise that in Cash, Chest or Case containing Four hundred and fifty Pounds Weight of Tobacco each, under Penalty of Forfeiture thereof; You shall take Care that this Part of the said Act be made publick, that none may pretend Ignorance, And that the true Intent and meaning thereof be duly put in Execution within your Government.
    25. 25. And whereas His said late Majesty was informed, that a Clandestine Trade had been carried on as well by British as foreign Ships from Madagascar and other Parts beyond the Cape of Bona Esperanza1116 within the limits of [blank] Trade granted to the United East India Company, directly to Our Plantations in America to the great Detriment of these Realms and in breach of the Several Laws in force relating to Trade and Navigation; Our Will and Pleasure is, that you the said Francis Bernard or in your Absence the Commander in Chief of Our said Province of Massachusets Bay for the time being do duly and Strictly observe and Cause to be Observed the several good Laws and Statutes now in force for the regulating of Trade and Navigation, particularly the several Acts of Parliament already mentioned in your General and in these Instructions; and in order to the better Execution of the Laws and Statues abovementioned, upon the first Notice of the Arrival of any Ship or Ships within the Limits of any Port of or belonging to Your Government, which have or are suspected to have on board any Negroes, Goods or Commodities of the Growth, Produce or Manufacture of the East Indies, Madagascar, or any other Parts or Places beyond the Cape of Bona Ezperanza within the Limits of Trade granted to the United East India Company, pursuant to the aforementioned Act of the Ninth and tenth of King William,1117 you shall immediately cause the Officers of Our Customs in your Government, and any other Officers or Persons in Aid of them to go on board such Ship or Ships, and to visit the same, and to examine the Masters or other Commanders the Officers and Sailors on board such Ship or Ships, and their Charter Parties, Invoices, Cocquets and other Credentials, Testimonials, or Documents; and if they find that such Ship or Ships came from the East Indies, Madagascar, or any other Parts or Places beyond the Cape of Bona Ezperanza, within the Limits of Trade granted to the said United East India Company, and that there are on board any such Goods, Commodities or Negroes as is above mentioned, that they do give Notice to the Master or other Person having then the Command of such Ship or Ships forthwith to depart out of the Limits of your Government, without giving them any Relief, Support, Aid, or Assistance, altho’ it should be pretended that such Ship or Ships were, or the same really should be in Distress, Want, Disability, Danger of Sinking, or for or upon any other Reason or Pretence whatsoever; And that you Our Governor or Commander in Chief do by no means suffer any Goods, Merchandize or Negroes from on board such Ship or Ships to be landed or brought on Shore upon any Account or Excuse whatsoever. And it is Our further Will and Pleasure, that if any such Ship or Ships being foreign having on board any such Goods, Merchandize or Negroes, do not, upon Notice given to the Master or other Persons having the Command thereof, as soon as conveniently may be, depart out of the Limits of your Government and from the Coasts thereof, without Landing, Seeing or Bartering any of the said Goods or Negroes, You Our Governor or the Commander in Chief for the time being shall cause the said Ship or Ships, and Goods and Negroes to be seized and proceeded against according to Law. But if such Ship or Ships having such Goods or Negroes on board, and entring into any Port or Place, or coming upon any of the Coasts or Shores of the said Province under your Government, do belong to Our Subjects, & do break Bulk, or Sell, barter, exchange, or otherwise dispose of the said Goods or Negroes or any Part thereof, contrary to Law, you are to take Care that such Ship or Ships with the Guns, Tackle, Apparel and Furniture, thereof, and all Goods and Merchandizes laden thereupon and the proceed[s] and Effects of the same be immediately seized, and that the Laws in such Case made and provided be put in Execution with the greatest Care, Diligence and application. But if any Ship belonging to the Subjects of any foreign State or Potentate, having on board any Negroes or East India Commodities, shall be Actually bound to some place or port in the West Indies belonging to any foreign Prince or State from some European Port, and such Ship shall happen to be driven in by Necessity, and be in real distress, the same may be supplied with what is absolutely necessary for her Relief: But you shall not take, have or receive, nor permit or suffer any Person to take, have or receive any Negroes or other the said East India Commodities in payment or satisfaction for such Relief; that if any Officer of Our Customs or other Officer employed by you Our Governor or Commander in Chief in visiting, Searching or Seizing such Ship or Ships, Goods, Merchandizes or Negroes be Corrupt, Negligent or remiss in the discharge of his Duty therein, We do hereby require you to suspend him from the Execution of his said Office, and that you do by the first Opportunity send an Account of such Officer’s Behaviour to Our Commissioners for Trade and Plantations, that Care may be taken that such Officer be removed from his Employment, and further punished according to his Demerit. And Our further Will and Pleasure is, that you Our Governor or Commander in Chief do constantly from time to time and by the first Opportunity that shall Offer, send to Our Commissioners for Trade and Plantations, a true, full and exact Account of your Proceedings, and of all other Transactions and Occurrences in or about the Premises or any of them, in order to be laid before Us.
    26. 26. And whereas notwithstanding the many good Laws made from time to time for preventing of Frauds in the Plantation Trade, which have been enumerated in these and former Instructions, it is manifest, that very great Abuses have been and continue still to be practised to the prejudice of the same; which Abuses must needs arise from the insolvency of Persons who are accepted for Security, or from the Remissness or Connivance of such as have been or are Governors in the several Plantations, who ought to take care that those Persons who give Bond should be duly Prosecuted in case of non-performance, You are to take Notice that We take the Good of Our Plantations and the Improvement of the Trade thereof by a Strict and punctual Observance of the several Laws in Force concerning the same, to be of so great Importance to the Benefit of this Kingdom, and to the advancing the Duty of Our Customs here, that if We shall hereafter be informed that at any time there shall be any Failure in the due Observance of those Laws and of these present Instructions by any Wilful Fault or Neglect on your Part, We shall esteem such Neglect to be a Breach of the aforesaid Laws. And it is Our fixed and determined Will and Resolution, that you or the Commander in Chief respectively be for such Offence not only immediately removed from your Employments, and be liable to the Fine of one Thousand Pounds, as likewise suffer such other Fines, Forfeitures, Pains, and Penalties as are inflicted by the several Laws now in force relating thereunto; but shall also receive the most rigorous Marks of Our Highest Displeasure, and be prosecuted with the utmost Severity of the Law for your Offence against Us in a Matter of this Consequence that We now so particularly charge you with.

    G. R.

    MsS, RC BP, 13: 149-222.