SAMUEL SHUTE’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

15 June, 1716

DRAUGHT OF A COMMISSION FOR SAMUEL SHUTE ESQR TO BE GOVERNOR OF THE MASSACHUSETTS BAY

May the 10^th

George by the Grace of God, king of great Britain, France and Ireland, Defender of the Faith, &c^a To Our Trusty & Well beloved Samuel Shute Esq^r Greeting.

Whereas by a Royal Charter, under the Great Seal of England bearing date the seventh day of Oct^r in the third Year of the Reign of King William the third, the Colony of the Massachusets Bay, the Colony of New Plimouth, the Province of Maine in New England, the Territory of Accadie or Nova Scotia, and the Lands lying between the said Territory of Nova Scotia and the Province of Maine aforesaid, were united, erected & incorporated into one Real Province, by the name of our Province of the Massachusets Bay in New England, & his said Majesty did thereby grant to our loving Subjects the Inhabitants of our said Province or Territory of the Massachusets Bay in New England & their Successors, that there shall be a Governor, a Lieu^t Governor & Secretary of our Said Province and Territory, to be from time to time appointed & Commissionated by the said King William, his Heirs and Successors with several Priviledges, Franchises and Immunities thereby granted to our said loving subjects; We therefore reposing especial Trust & Confidence in your Prudence, Courage and Loyalty, out of our especial Grace, certain Knowledge and Meer Motion, have thought fitt to constitute and appoint, and by these Presents, do constitute and appoint You the said Samuel Shute to be our Cap^t General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England; And for your better Guidance and Direction,

We do hereby require and command you to do and execute all things in due manner, that shall belong unto the Trust We have reposed in you, according to the several Powers and Authorities mentioned in the said Charter, and in these Presents, and such further Powers and Instructions & Authorities as you shall receive, or which shall at any time hereafter be granted or appointed you under our Sign Manual and Signet, or by Order of our Privy Council, in pursuance of the said Charter, and according to such reasonable Laws and Statutes as are now in Force or which hereafter shall be made and agreed upon, in such manner and form as by the said Charter is directed.

To execute this Commission according to Instructions

And Our Will and Pleasure is, that you the said Samuel Shute after the Publication of these our Letters Patents do in the first Place take the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance & Supremacy & the Oath mentioned in an Act pass’d in the first year of our Reign, entituled, An Act for the further Security of his Majesty’s Person and Government & the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; And the Extinguishing the Hopes of the Pretended Prince of Wales and his open and secret Abettors. As also that you make and subscribe the Declaration mentioned in an Act of Parliam^t made in y^e 25^th year of the Reign of King Charles the 2^nd Entituled An Act for preventing Dangers which may happen from Popish Recusants; And likewise that you take the usual Oath for the due Execution of the Office & Trust of our Captⁿ General and Gov^r in Chief in and over Our said Province, for the due and impartial Administration of Justice; And further that you take the Oath required to be taken by Gov^rs of Plantations to do their utmost that the several Laws relating to Trade and Plantations, be observed; which said Oaths and Declarations Our Council of Our said Province or any three of the Members thereof have hereby full Power and Authority and are required to tender and administer unto you, and in your Absence to Our Lieu^t Governor of our said Province, if there be any upon the Place. All which being duly performed, You shall administer to Each of the members of our said Council, and to Our said Lieu^t Governor, if there be any upon the Place, the said Oaths appointed by Law to be taken instead of the Oaths of Allegiance and Supremacy and the Oath mentioned in the said Act entituled, An Act for the further Security of his Majesty’s Person and Govemm^t & 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. As also to cause them to make and subscribe the foremention’d Declaration, & to administer to them the Oath for the due Execution of their Places and Trusts. As also that you administer or cause to be administered unto all the Members that shall be elected to serve in the Generall Assembly of our said Province the said Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance Supremacy, and the Oath mention’d in the foresaid Act Entituled, An Act for the further Security of his Majesty’s Person and Government & 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. And likewise cause them to make and subscribe the forementioned Declaration, And until the same shall be so taken & subscribed, no person shall be capable of sitting, tho’ elected.

To take the Oaths

To administer the Oaths to the L^t Govr and Council

To Administer the Oaths to Assembly Men

And We do hereby give and grant unto you full Power and Authority, where you shall see cause, and shall judge any Offender or Offenders in Capitall or Criminal Matters, or for any Fines or Forfeitures due unto Us, fit objects of our Mercy, to pardon all such Offenders, & to remit such Fines and Forfeitures (Treason and Wilfull Murder only excepted) In which Cases you shall likewise have Power upon extraordinary Occasions to grant Reprieves to the Offenders therein, to the End and until our Pleasure shall be further known.

To pardon or Reprieve Offenders

And We do hereby give and grant unto You the said Samuel Shute, by yourself, your Captains & Commanders by you to be Authorized, full Power and Authority, to levy, arm, muster, Com̄and or employ all Persons whatsoever, residing within our said Province & Territory of the Massachusets Bay in New England, and as occasion shall require, them to transport from one Place to another, for resisting & withstanding of all Enemies, Pirates & Rebels, both at Land & Sea, and such Forces with their own Consent or with the Consent of our Council and Assembly to transport to any of our Plantations in America as occasion shall require, for the Defence of the same, against the Invasion or Attempts of any of our Enemies; and such Enemies, Pirates and Rebels, if occasion shall require, to persue and prosecute in or out of the Limits of our said Province or any parts thereof.

To Arm &c the People against Enemies

And if it shall so please God, them to vanquish apprehend and take, and being taken, either according to the Law of Arms, to put to Death, or to keep and preserve alive, at your Discretion.

To put Enemies to Death at Discretion

We do further give and grant unto you full Power and Authority to erect, raise and build, within our Province and Territory aforesaid, such and so many Forts, Platforms, Castles and Fortifications as you shall judge necessary; And the same or any of them to fortify and furnish with Ordinance, Ammunition, and all sorts of Arms, fit and necessary for the Security and Defence of our said Province, and from time to time to commit the Government of the same to such Person or Persons as to you shall seem meet, and the said Forts and Fortifications again to demolish or dismantle as may be most Convenient; And to do and execute all & every other thing w^ch to a Captain Gen^l doth or ought of Right to belong, as fully & amply as any other our Cap^t General doth or hath usually done, according to the Powers hereby granted or to be granted to You.

To build Forts

And we do hereby give and grant unto You the said Samuel Shute full Power and Authority to constitute and appoint Captains, Masters and other Commanders of Ships, and grant unto such Captains, Masters and other Commanders of Ships, Commissions to execute the Law Martial, during the time of actual War, Invasion or Insurrection, and to use such Proceedings, Authorities, Punishm^ts Correction & Execution upon any Offender or Offenders which shall be Mutinous, Seditious, disorderly or any way unruly either at sea, or during the time of their Abode or Residence in any of the Ports, Harbours or Bays of our said Province and Territory, as the Cause shall be found to require, according to Martial Law, during the time of War, as aforesaid.

To appoint Commander of ships

Provided that nothing herein contained shall be construed to the inabling you or any by your Authority, to hold plea or have Jurisdiction of any Offence, Cause Matter or thing committed or done upon the high Sea, or within any of the Havens Rivers or Creeks of our said Province or Territories under your Governm^t by any Captain, Commander, Lieu^t, Master or other Officer, Seaman, Soldier or Person whatsoever, who shall be in actual Service & Pay in or on Board any of our Ships of War or other Vessells acting by Immediate Commission or Warrant from our Commiss^rs for executing the Office of Our High Admiral of Great Brittain under the Seal of Our Admiralty, or from our High Admiral of Great Brittain for the time being; But that such Captain, Commander, Lieu^t, Master, officer Seaman, Soldier or other Person so offending, shall be left to be proceeded against, and tryed, as the merit of their Offences shall require, either by Commission under our Great Seal of Great Brittain, as the Statute of the 28^th of Henry the 8^th directs, or by Commission from our said Commissioners for executing the Office of Our High Admiral of Great Britain or from Our High Admiral of Great Britain for the time being, according to the Act of Parliam^t passed in the 13^th year of the Reign of King Charles the 2^d, Entituled An Act for the establishing Articles and Orders for the regulating and better Government of His Majesty’s Navy, Ships of War and Forces by sea, and not otherwise. Provided also that all Disorders and Misdemeanors committed on Shore, by any Cap^t, Commander, Lieu^t, Master or other Officer, Seaman, Soldier or Person whatsoever, belonging to any of Our Ships of War, or other Vessells, acting by im̄ediate Commission or Warrant from Our Commiss^rs for Executing the Office of Our High Admiral of Great Brittain under the Seal of our Admiralty, or from Our High Admiral of Great Brittain for the time being, may be tryed and punished according to the Laws of the Place, where any such Disorders, Offences & Misdemeanors shall be so committed on shore, notwithstanding such Offender be in Our actual service, & born in our Pay on Board any such our Ships of War or other Vessells acting by Immediate Commission or Warrant from Our Commiss^rs for executing the Office of Our High Admiral, or from Our High Admiral, as aforesaid, so as He shall not receive any Protection for the avoiding of Justice, for such Offences com̄itted on shore from any pretence of his being imployed in Our Service at Sea.

Not to punish offences on Board Ships of War

And further Our Will & Pleasure is, that you shall not at any time hereafter, by colour of any Power or Authority hereby granted or mention’d to be granted, take upon You to give, grant or dispose of any Office or Place within our said Province and Territories, which now is, or shall be granted, under the Great Seal of Great Brittain, any further than that You may upon the Vacancy of any such Office or Suspension of any Officer by You, put in any Person to officiate in the Interval until the said place be disposed of, by Us Our Heirs, or Successors under the Great Seal of Great Brittain, or that Our Directions be otherwise given therein.

Not to dispose of Patent Places

And We do hereby require and Command all Officers and Ministers Civil and Military, And all other the Inhabitants of Our said Province and Territory, to be obedient, aiding and assisting unto you the said Samuel Shute in the Execution of this Our Commissⁿ and of the Powers & Authorities therein contain’d, and in case of your Death or Absence out of Our said Province and Territories, to be obedient, aiding and assisting unto such Person as shall be appointed by Us to be Our Lieu^t Governor Commander in Chief of Our said Province and Territories, to whom We do therefore by these Presents give and grant all and singular the Powers and Authorities herein granted, to be by him executed and enjoyed during Our Pleasure, or until your Arrival within Our said Province.

All persons to aid the Governor

And if upon your Death, or Absence out of Our said Province, there be no Person upon the Place commissionated or appointed by us to be our Lieu^t Gov^r or Commander in Chief of Our said Province and Territories, Our Will and Pleasure is, that Our Council of Our said Province for the time being do take upon them the Administration of the Government, and execute Our said Commission and Instructions, and the several Powers and Authorities therein contained, in the same manner and to all Intents and Purposes, as Our Gov^r or Commander in Chief of Our said Province & Territory should or ought to do in case of your Absence untill your Return or in all cases untill Our further109 be known therein and that in such case the Eldest Councillor: present at each Meeting of the said Council shall always preside therein.

Devolution of Government

And Our Pleasure is that You the said Samuel Shute shall and may hold execute and enjoy the Office and Place of Our Cap^t General and Gov^r in Chief in and over Our said Province and Territories of the Massachusets Bay in New England, with all and singular the Powers and Authorities hereby granted unto You, for & during Our Will and Pleasure.

To be Govr during the King’s Pleasure

And whereas there are divers Colonies adjoyning to Our Province of the Massachusets Bay, for the Defence and Security whereof, it is requisite that due care be taken in the time of War, We have therefore thought it further necessary for Our Service, and for the better Protection & Security of Our Subjects inhabiting those Parts, to constitute and appoint, And We do by these Presents constitute and appoint You the said Sam^l Shute to be Our Cap^t General and Commander in Chief of the Militia and of all the Forces by Sea and Land, within Our Collonies of Rhode Island & Providence Plantation, the Narraganset Country or King’s Province, and of all Our Forts and Places of Strength within the same in time of War or imminent Danger.

To Command the Militia of Rhode Island

And for the better ordering Governing, and ruling Our said Militia & all Our Forces, Forts and Places of Strength within Our said Colonies of Rhode Island & Providence Plantation, and the Narraganset Country or King’s Province; We do hereby give and grant unto You the said Samuel Shute, and in your absence to Our Lieu^t Gov^r or Commander in Chief of Our Province of the Massachusets Bay, all & every the like Powers as in these Presents are before granted and recited, for the Ruling, Governing and Ordering our Militia, and all Our Forces, Forts & Places of Strength within Our Province of the Massachusets Bay to be exercised by You the said Samuel Shute and in your Absence from Our Territory and Dominion of New England, by Our said Lieu^t Gov^r or Commander in Chief of our said Province of the Massachusets Bay for the time being, within Our said Colonies of Rhode Island & Providence Plantation, & the Narraganset Country or King’s Province, during time of War or imminent Danger, as aforesaid.

Lieu^t Governor To Command the same Militia of Rhode Island in Gov^rs Absence

Lastly, We have revoked, determined & made void, & by these Presents do revoke, determine & make void the like Commission or Letters Patents granted by Us unto Elizeus commission Burgess Esq^r for the Gov^t of our said Province of y^e Massachusets Bay, under the Great Seal of Great Brittain bearing Date at Westminster the day of in the first Year of our Reign,

Revocation of Col: Burgess’s Commission

In Witness whereof We have caused these Our L^rs to be made Patents. Witness Ourself at Westminster, the day of second Year of Our Reign.

Teste 15^o Junii 1716, A^o Regni 2^do

— Public Record Office, Colonial Office, Class 5, Volume 914, pp. 331–368.

1 Later Mr. Goodell gave copies of the Commissions of Vice-Admiral.

2 In an Instruction issued to Addington on December 11 it is stated that “His Majesty” has “been Graciously pleased, by his Letters Patents under the Great Seal of England, to Grant unto you the Office and Place of Secretary of their Majesties Province of the Massachusetts Bay in New England” (Public Record Office, Colonial Office, Class 5, Vol. 905, p. 404). Hence Addington’s Commission must have been issued on or before December 11, 1691.

3 Stoughton’s Commission was presumably issued in December, 1691.

4 This Commission of Tailer was presumably issued in the spring or summer of 1711, as he was sworn on October 4th (Council Records, v. 456).

5 The exact date of this Commission has been obtained from the Council Records (vi. 379) for September 24, 1715.

6 Dummer’s Commission was presumably issued in the spring or summer of 1716, as he was sworn on October 5th (Boston News Letter, October 8, 1716, p. 2/1).

7 The Commission of Burges (1715).

8 These two volumes, it may be added, contain many documents besides Royal Commissions. The volume labelled “Crown Commissions, 1677–1774” has no index. The volume labelled “Crown Commissions, 1628–1663” has an index, doubtless made many years ago, but this index is worthless since it wrongly describes some of the documents and omits others altogether. Consequently, in order to ascertain exactly what documents are in the two volumes, the latter must be examined page by page. Moreover, the documents in the two volumes are not included in the Index volumes to the Archives. Hence an adequate index to the two volumes would be serviceable.

9 As already stated in the text, however, copies of two earlier Commissions (1685 and 1686) are in the Massachusetts Archives, cxxvi. 95–96, 7–16.

10 Council Records, iii. 325.

11 Council Records, ix. 83.

12 There are two pieces of evidence to support the statement in the text. First, the words “Old volume 3” are written in ink on the recto of the first leaf, unnumbered and otherwise blank, of the volume labelled “Crown Commissions, 1677–1774.” That volume contains, besides the leaf just mentioned, two leaves unnumbered and blank; seventy-nine leaves containing records, the folios numbered from 1 to 158; and then forty-nine unnumbered and blank leaves.

Second, on pp. 45–48 of the volume labelled “Crown Commissions, 1628–1663” is recorded the “Commission of William Burnet &c Commissioners for the trial of Pirates,” dated December 13, 1728. After the Commission is written (on p. 48) “Examined p^r J Willard Se͞c͞r͞y,” the words “J Willard Se͞c͞r͞y” being in the hand of Willard himself. Then follow these words, not in the hand of Willard: “Recorded in the Secretary’s Office in Boston in the Book of Commissions &c^a from the Crown, from Page 297, to Page 303. — ꝑ J Willard Sec̄ry Dec^r 23. 1729.” This “Book of Commissions &c^a from the Crown,” which must have been in existence in 1729, is not now extant. Following the entry dated December 23, 1729, are these entries:

Recorded the 6^th of October 1738 ꝑ Ja^s Martin Sec͞ry

The fifteen preceeding Pages make a true Copy of his Majesty’s Commission for the Trial of Pirates &c. as the Same stands on the Publick Records of the English Colony of Rhode Island &c. taken therefrom & duly Examined this first day of April 1748 By Tho Ward Sec͞ry.”

It is obvious, therefore, that this Commission of December 13, 1728, was not entered in “Crown Commissions, 1628–1663” before April, 1748. Cf. the note immediately below.

13 The fire of 1747 occurred on the morning of December 9. The same afternoon a committee was appointed in the Legislature to consider what should be done with regard to the loss of documents, and on the 11th —

Josiah Willard Esq^r from the Committee of both Houses appointed to consider the Circumstances of the Province in relation to the Desolation of the Court House, gave in the following report, viz^t

The Committee . . . Report as their Opinion . . . That the Secretary record in his Office the first or old Charter of this Province & the Charter of King William & Queen Mary with the Commissions of the Governour, Lieu^t Governour Justices of the Superiour Court & his own (Court Records, xviii. 275–276).

Now the first forty-five pages of “Crown Commissions, 1628–1663” contain, in the order named, the Colony Charter (1629), the Province Charter (1691), the Explanatory Charter (1725), Secretary Willard’s First (1717) and Second (1728) Commissions, Lieutenant-Governor Phips’s Commission (1732), and Shirley’s Commissions (1741) as Governor and as Vice-Admiral. All these, with the exception of the last two, are in the hand of Willard, and even the last two are attested by Willard. The inference is irresistible that this particular volume, which in no event could have been begun later than 1756 (in which year Willard died), must have been begun soon after the fire of 1747 in response to the report of the committee made December 11, 1747. The three Charters were saved and so could be copied, while the Commissions were doubtless in the possession of the three officials and not in the Town House. Cf. p. xviii note 4, ante. It may be added that on December 11, 1747, the house “Voted, That his Excellency the Governour be desired . . . to appoint a Day of Humiliation and Prayer throughout this Province . . . on Occasion of the great Difficulties the Province Labours under, and the Frowns of Divine Providence, more especially in Regard of the Destruction of the Court-House in Boston, and great Part of the publick Records by Fire” (House Journal, p. 186). Whoever has had occasion to search in vain for documents that must once have been in the State House realizes how fearful was the loss occasioned by the fire of 1747.

14 None of the Commissions in Vice-Admiralty previous to 1741 are in the State House, and consequently those from 1685 to 1730 are printed from copies obtained from the Royal Courts of Justice. The Commissions from 1741 to 1774 are in the State House and are here printed from copies obtained from that source. But copies of these Commissions are also in the Royal Courts of Justice, Admiralty Registry, Muniment Books, the references being as follows: Shirley (1741), Vol. 8, p. 182; Pownall (1757), Vol. 9, p. 114; Bernard (1760), Vol. 9, p. 127; Bernard (1761), Vol. 9, p. 139; Hutchinson (1771), Vol. 10, p. 128; Gage (1774), Vol. 10, p. 155.

15 The figures within parentheses, here and elsewhere in these extracts, of course refer to the twelve stages mentioned in the text, pp. xxi–xxii.

16 Second Report of the Deputy Keeper of the Public Records, London, 1841, pp. 26–27, 28, 30, 32–33, 40, 41.

17 Ibid. pp. 41, 43, 44, 46.

18 Statutes at Large (1734), vi. 307. The Act of 4 George II, Ch. 26, was in 1733 extended to Wales by the Act of 6 George II, Ch. 14 (Statutes at Large, vi. 485).

19 For this information, the Editor is indebted to Miss Lucy Drucker.

20 Some Notes on the Commissions are in preparation and will be printed in a later volume of Publications.

21 All dates in the Preface, in these Lists, and in the Index, are New Style.

22 This date is approximate: see p, xvi note 2, ante.

23 His Commission is not extant.

24 This date is approximate: see p. xvi note 1, ante.

25 His Commission is not extant.

26 The exact date of this Commission is not known: see p. xvii note 1, ante.

27 His Commission is not extant.

28 His Commission is not extant: see p. xvii note 2, ante.

29 The exact date or this Commission is not known: see p. xvii note 3, ante.

30 His Commission is not extant.

31 His Commission is not extant.

32 This date is approximate: see p. xvi note 1, ante.

33 His Commission of 1716 is not extant.

34 The exact date of this Commission is not known: see p. xvii note 3, ante.

35 His Commission is not extant.

36 This date is approximate: see p. xvi note 2, ante.

37 His Commissions of 1711 and 1715 are not extant.

38 The exact date of this Commission is not known: see p. xvii note 1, ante.

39 This List is based on data obtained from the Council Records, the Court Records, the Massachusetts House Journals, the Boston newspapers, and other contemporary sources.

40 Stoughton held this office not by Royal commission, but by appointment from President Dudley.

41 The Andros government was overthrown on April 18, 1689.

42 The Andros government was overthrown on April 18, 1689.

43 The Andros government was overthrown on April 18, 1689.

44 The names or Acting-Governors are printed in italics, as is also the Council when the government devolved upon the latter.

45 Stoughton died July 7, 1701.

46 Burges never came to this country.

47 Burnet died September 7, 1729.

48 Spencer Phips died April 4, 1757.

49 The outbreak or the Revolution makes it impossible to say exactly when Gage, Thomas Oliver, and Flucker left office.

50 This date is approximate: see p. xvi note 2, ante.

51 Stoughton died July 7, 1701.

52 This date is approximate.

53 The exact date of this Commission is not known: see p. xvii note 1, ante.

54 The exact date of this Commission is not known: see p. xvii note 3, ante.

55 Tailer died March 1, 1732.

56 Spencer Phips died April 4, 1757.

57 Andrew Oliver died March 3, 1774.

58 See p. xxxiv note 6, ante.

59 This date is approximate: see p. xvi note 1, ante.

60 Addington died March 19, 1715. On March 26, 1715, Gov. Dudley appointed Addington Davenport and Paul Dudley to keep the Seals.

61 This date is approximate.

62 Willard died December 7, 1756.

63 Andrew Oliver was appointed Secretary by Lt.-Gov. Phips on December 13 and took office December 15, 1756. He was sworn under his Royal Commission June 1, 1758.

64 See p. xxxiv note 6, ante.

65 See Province Laws, i. 753, footnote †, respecting the change in enumerating the Year occasioned by the death of Queen Mary which occurred 28 December, 1694.

66 Sic.

67 These words occur in the printed copies, but are not in the original. See also Colony Charter.

68 Omitted in the original.

69 Sic.

70 Sic.

71 Sic.

72 Liberties.

73 Narragansett.

74 Sic.

75 Sic.

76 In printed copies this is “the,” but the omission in the original seems better supplied as above.

77 Sic.

78 Sic in the original, but “for” in the printed copies.

79 profession.

80 Sic.

81 Sic.

82 rejected.

83 Sir John Trevor, Sir William Rawlinson, and Sir George Hutchins were appointed Lords Commissioners of the Great Seal, 15 May, 1690; and were succeeded by Lord Somers as Chancellor, 3 May, 1693.

84 This heading, as throughout the volume, is not a part of the Commission, having been inserted for convenience by the Editor. A short rule always separates the heading from the Commission.

85 Sic.

86 Sic.

87 Sic.

88 Sic.

89 Sic.

90 Sic: our high.

91 Sic: settle.

92 The copy of Dudley’s Commission as President recorded in the Public Record Office, Colonial Office, Class 5, Vol. 904, pp. 252–258, bears date 27 September; but the copy on the Patent Roll bears date 8 October: see p. 43, ante.

93 In the Commissions of which there are copies both in the Public Record Office in London and in the office of the Secretary of the Commonwealth, words and letters in brackets are such as appear in the Record Office copies, but not in the copies in the Secretary’s office; and words in brackets, italicized, occur in the copies in the Secretary’s office, but not in the copies in the Record Office. Trivial differences — such as the use of the ampersand, punctuation, initial capital letters, and spelling (as “Massachusetts” or “Massachusets,” “mere” or “meer,” “tried” or “tryed,” “shore” or “shoar,” “well beloved” or “welbeloved,” “Lieutenant” or “Lieu^t,” “territories” or “territorys,” etc.) — are not noted.

94 Sic: on.

95 Sic: any.

96 Sic.

97 Sic: and grant.

98 Sic: the same.

99 Sic: by you.

100 Sic.

101 Sic.

102 Dudley’s Commission of 13 February, 1701–2, of which a copy came too late for insertion in its proper place, will be found in the Appendix, pp. 391–396, post.

103 The final “e” or “æ” is omitted for lack of space on the parchment.

104 This paragraph is in the Exemplification, but not in the copy in the Patent Roll.

105 These words are in the copy in the Patent Roll, but not in the Exemplification.

106 What follows is found in the Exemplification only.

107 This Exemplification, which was given to the Massachusetts Historical Society about 1810, is the only document of the sort (among the Commissions printed in this volume) that is now known to be extant. It is engrossed on three sheets of parchment (the initial letter containing a representation of George I), and appending is the Great Seal of England (now broken).

108 The differences between the Exemplification and the copy in the Patent Roll are noted in footnotes.

109 Sic: further Pleasure.

110 Sic.

111 Sic: if it.

112 Sic: same or.

113 Sic.

114 Sic: the Third.

115 Sic.

116 Sic.

117 Sic: Province.

118 Sic: which shall.

119 Sic: to.

120 See footnote, p. 56, ante.

121 Sic.

122 See footnote, p. 56, ante.

123 Gov. Bernard was created a Baronet 5 April, 1760.

124 See footnote, p. 56, ante.

125 See footnote, p. 56, ante.

126 See footnote, p. 56, ante.

127 Doubtless a clerical error for “twenty eighth:” see p. 173, ante.

128 See footnote, p. 56, ante.

129 In our texts of Latin documents, abbreviations are expanded in italics, and letters omitted without marks of abbreviation are placed within square brackets.

130 Sic: Portorico.

131 Sic: per.

132 Sic: eorum.

133 Sic: eorum.

134 Sic: eorum.

135 Sic: assistentium.

136 Sic: repertis.

137 Sic: Forisfactis.

138 Sic: Poenis.

139 Sic: ad.

140 Sic: commissa.

141 Sic: eorum.

142 Sic: dependentibus.

143 Sic: Potestate.

144 Sic: eorum.

145 Sic: earundem.

146 Sic: eorum.

147 Sic: eorum.

148 Sic: eaque.

149 Sic: et.

150 Sic: exiget.

151 Sic: eorundem et eorum.

152 Sic: provisorum.

153 Sic: earundem et earum.

154 Sic: eorundem et eorum.

155 Sic: eorundem et eorum.

156 A translation of this Commission will be found in the Appendix, pp. 357–368, post.

157 Sic: quadraginta.

158 “Lord” omitted by mistake.

159 See pp. 187–198, ante. A translation of this Commission will be found in. the Appendix, p. 369, post.

160 See pp. 187–198, ante.

161 Sic: quadraginta.

162 Sic: but the letters doubtless belong to the next entry.

163 See pp. 187–198, ante. A translation of this Commission will be found in the Appendix, pp. 370–371, post.

164 Sic: observata.

165 Sic: exigendam.

166 Sic: positorum sive poneudorum.

167 Sic: flumiua.

168 Sic: crassitudinem.

169 Sic: nostra.

170 Sic: nostra.

171 Sic: nostra.

172 Sic: contingente.

173 Sic: nostra.

174 Sic: duraturas.

175 Sic: receperis.

176 A translation of this Commission will be found in the Appendix, pp. 372–380, post.

177 The Commission of Sir William Beeston, Governor of Jamaica, dated 15 September, 1692, is entered in Royal Courts of Justice, Admiralty Registry, Muniment Books, Vol. 4, p. 98. It is identical with that of Sir William Phips (pp. 206–215, ante) except as regards the names and date and that against the words “(Judice Registrario et Mariscallo exceptis)” (p. 213, ante) there is written in the margin “This clause was by order of Sir Ch. Hedges y^e Judge left out in this patent.”

178 This Commission and the five following Commissions were not enrolled in full, the Commissions to Beeston, Crow, etc., mentioned therein having numbers put in to correspond with the numbers in the margin to show where the differences lay. This was a common practice in these Admiralty Muniment Books to save time in enrolling.

179 The Commission of Mitford Crow, Governor of Barbados, dated 26 February, 1701–2, is entered in Royal Courts of Justice, Admiralty Registry, Muniment Books, Vol. 5, p. 58. It is identical with that of Sir William Phips (pp. 206–215, ante) except as regards names and date, and as follows: The words “(Judice Registrario et Mariscallo exceptis)” (p. 213, ante) do not appear, nor is there any note about them. Also, at the end, where Phips’s Commission reads “decet sub pena Juris et periculo incumbenti” (p. 215, ante), Crow’s Commission reads “decet sub poena contemptua Literarum patentium ipsius Regiae Majestatis de et super premissis omnibus et singulis Nobis factarum et concessarum et periculo incumbente Datum” etc. And at the end is this note:

This I approve of as a standing forme of a vice Admirall’s Patent for the Forreigne Plantations.

Feb. 23 1701–2	HEN: NEWTON.
19° Feb. 1701°	Jurat sub valore 50^ɫ ꝑ annum

180 The Commission of Robert Lowther, Governor of Barbados, dated 12 February, 1714–5, is entered in Royal Courts of Justice, Admiralty Registry, Muniment Books, Vol. 6, p. 161^b, and is identical with that of Sir William Phips (pp. 206–215, ante) except as regards the names and date and that the words “(Judice Registrario et Mariscallo exceptis)” (p. 213 ante) do not appear, nor is there any note about them.

181 See the note to Elizeus Burges’s Commission, page 225, ante.

182 The Commission of Robert Hunter, Governor of Jamaica, dated 11 September, 1727, is entered in Royal Courts of Justice, Admiralty Registry, Muniment Books, Vol. 7, p. 120, and is identical with that of Sir William Phips (pp. 206–215, ante) except as regards names and date and that the words “(Judice Registrario et Mariscallo exceptis)” (p. 213, ante) do not appear, nor is there any note about them.

183 The Commission of George, Lord Forbes, Governor of the Leeward Islands, dated 8 January, 1729–30, is entered in Royal Courts of Justice, Admiralty Registry, Muniment Books, Vol. 8, p. 10^b, and is identical with that of Sir William Phips (pp. 206–215, ante) except as regards names and date and that the words “(Judice Registrario et Mariscallo exceptis)” (p. 213, ante) do not appear, nor is there any note about them.

184 Sic: Rowers.

185 Sic.

186 Sic: wont.

187 Sic: forfeitures.

188 Sic.

189 Sic.

190 Sic.

191 Sic: Treasures.

192 See pp. 257–266 ante.

193 Sic.

194 Sic: artificers.

195 Sic: our.

196 Sic.

197 Sic: Sentence.

198 Dummer’s First commission (1716) is not know to be extant.

199 Tailer’s First Commission (1711) and his Second Commission (28 April, 1715) are not known to be extant.

200 See footnote, p. 56, ante.

201 See footnote, p. 56, ante.

202 See footnote, p. 56, ante.

203 Sic.

204 See footnote, P. 56, ante.

205 See footnote, p. 56, ante.

206 See footnote, P. 56, ante.

207 Sic: to be.

208 See footnote, p. 56, ante.

209 See footnote, P. 50, ante.

210 Sic: New England.

211 The late Mr. R. E. G. Kirk of London, to whom we were indebted for collating our copy of this Commission with the Patent Roll, stated that this enrolment is a transcript from the original letters patent, which may still be extant, perhaps in the Registry of the Bishop of London. As usual in enrolments, the first and last clauses are abbreviated. The letters patent no doubt began thus: “Georgius, Dei gratia Rex Magne Britannie,” etc.; and ended thus:

In cuius rei testimonium presentes has literas nostras fieri fecimus patentes. Teste meipso, apud Westmonasterium, nono die Februarij, anno regni nostri terciodecimo.

With respect to this Commission, see the Publications of this Society, v. 112–115, where will be found an English translation of a part of the Commission and a letter from Mr. Goodell relating to it. A translation of the Commission in full will be found in the Appendix to this volume, pp. 381–385, post. This Commission was revoked and a new Commission, which follows, was issued to Gibson by George II on 29 April, 1728.

212 Mr. Kirk, who furnished us with a copy of this Commission from the Patent Roll, stated that in the printed copy “ꝑtiñ ꝑagenđ” are said to be inserted in the original, “as it seems by mistake of the clerk.”

213 Mr. Kirk stated that the original, in Colonial Office, Class 323, Volume 9, No. 10, begins thus: “Georgius Secundus, Dei gratia Magnæ Britanniæ, Franciæ, et Hiberniæ, Rex, fidei defensor, &c. Reverendo,” etc.; and ends thus:

In cujus rei Testimonium, has literas nostras fieri fecimus patentes. Teste meipso apud Westmonasterium, vicesimo nono die Aprilis, Anno Regni nostri primo. Per Bre’ de Privato Sigillo. Bisse & Bray.

It should be added that this Commission is printed, both in Latin and in English, in Documents relative to the Colonial History of the State of New York, v. 849–854. A translation will be found in the Appendix to this volume, pp. 386–390, post.

214 The translation of the Latin Commissions of Vice-Admirals (pp. 187–236, ante) has been made with constant reference to the English phraseology of William Shirley’s Commission (pp. 237–246, ante), and of the Commission of Hans Stanley as Vice-Admiral in the Isle of Wight in 1765 (as printed in Sir Sherston Baker, The Office of Vice-Admiral of the Coast, 1884, pp. 51–63).

215 The Latin text of this Commission will be found on pp. 187–198, ante.

216 Or Binney, as Benin was then sometimes called. See Rymer’s Fœdera, xix. 370. The Latin text (p. 187, ante) has Binniœ.

217 The Latin text (p. 188, l. 26, ante) has vel, but we should certainly read per (“throughout”). See Andros’s Second Commission, p. 204, l. 23, ante, and cf. Rymer’s Fœdera, xv. 158, 194.

218 Here ubicunque should doubtless be inserted in the Latin text (p. 188, l. 31, ante). See Phips’s Commission, p. 207, l. 2, ante.

219 The Latin text (p. 189, l. 29, ante) erroneously omits quœ. See Phips’s Commission, p. 207, l. 29, ante.

220 The Latin text (p. 190, l. 22, ante) has existentium by error for assistentium. See Phips’s Commission, p. 208, l. 22, ante.

221 The Latin text (p. 190, l. 30, ante) has reportis by error for repertis. See Phips’s Commission, p. 208, l. 30, ante.

222 An old word for “whale.”

223 The Latin text (p. 191, l. 23, ante) has forisfacturis by error for forisfactis. See Phips’s Commission, p. 209, l. 18, ante.

224 Made agrees with letters, above.

225 Here the Latin text (p. 192, l. 6, ante) has Ac and begins a new paragraph. The ms is unreadable as printed. The scrivener or copying clerk did not heed or understand the sense. The emendation ad is certain (see the formula in Rymer’s Fœdera, xv. 195). The connection is: “appointed or to be appointed . . . for hearing and determining . . . all and singular the treasons,” etc.

226 These participles and adjectives belong grammatically to “amercements, issues, fines, perquisites, mulcts, and pecuniary punishments whatsoever and forfeitures of [all] recognizances” in lines 26–28, p. 361, ante.

227 I. e., the premises.

228 The Latin text (pp. 192–193, ante) is somewhat corrupt here. For a better reading, see Phips’s Commission (p. 211, ante; with translation, p. 376, post, and the footnote).

229 The Latin text (p. 194, l. 3, ante) erroneously omits “being” (existentibus) here and adds “and being” (ac existentia) to “adjacent” (adjacentia). Compare Phips’s Commission, p 211, l. 11, ante.

230 See p. 377 note 1.

231 Literally “made” (factam) (p. 194, l. 17, ante).

232 The Latin text (p. 195, l. 2, ante) has eosque by error for eaque. See Phips’s Commission, p. 212, l. 9, ante.

233 The Latin text (p. 195, l. 8, ante) has ad (“to or for”) by error for et (“and”). See Phips’s Commission, p. 212, l. 14, ante.

234 See p. 378 note 1.

235 The Latin text (p. 195, l. 14, ante) has exigit (“requires”) doubtless by error for exiget (“shall require”). See Phips’s Commission, p. 212, l. 20, ante.

236 Per is accidently omitted in the Latin text (p. 195, l. 20, ante). Cf. p. 358 note 1, ante.

237 Grammar requires editorum et provisorum for the edits, et provisa of the Latin text (p. 195, l. 30, ante.) The sense is beyond question.

238 Happening belongs to mayhem.

239 See p. 379 note 2.

240 The Latin text of this Commission will be found on pp. 199–200, ante.

241 The Latin text (p. 200, l. 1, ante) has quadrigenos (“four hundred”), an error for quadraginta (“forty”). The same error occurs in Andros’s Second Commission, p. 204, l. 4, ante.

242 The Latin text of this Commission will be found on pp. 203–205, ante.

243 The Latin text (p. 204, l. 4, ante) has quadrigenis (“four hundred”), a manifest error for quadraginta (“forty”). Cf. Dudley’s Commission, p. 200, l. 1, ante.

244 The Latin text of this Commission will be found on pp. 206–215, ante.

245 The Latin text (p. 208, ante) omits aut.

246 The words here translated by “to be heard and determined, assigned or to be assigned” (audiendis et terminanais assignatis seu assignandis, p. 209, ll. 33–34, ante), are an erroneous adaptation by the scrivener of a formula belonging to a provision not contained in Phips’s Commission (see pp. 192, 209, ante). They may be disregarded. The participles that follow (“happening,” etc.) belong to “amercements, issues,” etc., in l. 14, above.

247 I. e., the premises.

248 The words translated thus (“to proceed . . . thing”) refer to summary process. The Latin (p. 211, ll. 1–2, ante) is “velo levato sine strepitu et figura judicii sola facti et rei veritate inspecta procedendum.” Velo levato is a formula of the civil law meaning “openly and plainly” (literally, “the curtain being raised”). Strepitus judicialis (or judicii) and figura judicii are practically synonymous phrases for “formalities or technicalities in procedure.” An English commission for the trial of pirates (May 29, 1519) authorizes the court to proceed “summariè et de piano sine strepitu et forma seu figura Judicii ac solâ Facti Veritate inspectâ” (Rymer’s Fœdera, 2d edition, xiii. 700), these phrases occurring in a treaty of 1518 between England and France which had for its object the execution of summary justice in such cases, with avoidance of vexatious appeals and dilatory motions (Fœdera, xiii. 650). See Ducange, s. vv. velum, strepitus, figura, planum; Fœdera, xv. 161, 197; R. G. Marsden, Select Pleas in the Court of Admiralty, vol. i. p. lvi (Selden Society Publications, vi).

249 The words translated thus (“to proceed . . . thing”) refer to summary process. The Latin (p. 211, ll. 1–2, ante) is “velo levato sine strepitu et figura judicii sola facti et rei veritate inspecta procedendum.” Velo levato is a formula of the civil law meaning “openly and plainly” (literally, “the curtain being raised”). Strepitus judicialis (or judicii) and figura judicii are practically synonymous phrases for “formalities or technicalities in procedure.” An English commission for the trial of pirates (May 29, 1519) authorizes the court to proceed “summariè et de piano sine strepitu et forma seu figura Judicii ac solâ Facti Veritate inspectâ” (Rymer’s Fœdera, 2d edition, xiii. 700), these phrases occurring in a treaty of 1518 between England and France which had for its object the execution of summary justice in such cases, with avoidance of vexatious appeals and dilatory motions (Fœdera, xiii. 650). See Ducange, s. vv. velum, strepitus, figura, planum; Fœdera, xv. 161, 197; R. G. Marsden, Select Pleas in the Court of Admiralty, vol. i. p. lvi (Selden Society Publications, vi).

250 The words in brackets are not omitted in the Latin by accident; they are involved in the Latin conservandum et exequi et conservari faciendum (p. 211, l. 27, ante).

251 The Latin text (p. 211, l. 21, ante) has “as” (quam).

252 Of course per Transitum is to be read as one word (pertransitum), as in Willoughby’s Commission, p. 195, l. 5, ante.

253 “Mere office, i. e., inquisition. Office promoted, i. e., accusation.” (Sir Sherston Baker, The Office of the Vice-Admiral of the Coast, p. 83 note.)

254 Happening belongs to mayhem.

255 So the MS.

256 The Latin text (p. 214, l. 13, ante) has duraturum by error for duraturas.

257 All these titles belong to one and the same person.

258 The Latin text of this Commission will be found on pp. 341–347, ante.

259 That is, Chief Justice of the King’s Bench.

260 The Latin text of this Commission will be found on pp. 348–353, ante.

261 Sic.