THOMAS HUTCHINSON’S COMMISSION as VICE-ADMIRAL OF THE PROVINCE OF THE MASSACHUSETTS BAY

4 January, 1771

COM^N TO T. HUTCHINSON ESQ^R TO BE VICE ADMIRAL OF MASS^A BAY

George the Third by the Grace of God of Great Britain, France and Ireland king Defender of the Faith.

To our beloved Thomas Hutchinson Esquire our Captain General and Governor in Chief of our Province of Massachusetts Bay in America Greeting;

We confiding very much in your fidelity, care & circumspection in this behalf, do by these presents which are to continue during our pleasure only, Ordain, Constitute and depute you the said Thomas Hutchinson Esq^r our Captain General and Governor in Chief aforesaid, our Vice Admiral, Commissary and Deputy in the office of Vice Admiralty in our Province of Massachusetts Bay in America aforesaid and Territories thereon depending in the room of Sir Francis Bernard Baronet, and in the maritime parts of the same and thereto adjoining whatsoever, with power of taking and receiving all and every the Fees, profits advantages, emoluments, Commodities and appurtenances whatsoever due and belonging to the said Office of Vice Admiral, Commissary and Deputy in our said Province of Massachusetts Bay in America and Territories dependant thereon & maritime parts of the same and adjoining to them whatsoever according to the Ordinances and Statutes of our high Court of Admiralty of England; And we do hereby commit and grant unto you the aforesaid Thomas Hutchinson Esq^r our power and authority in and throughout our Province of Massachusetts Bay in America aforementioned and Territories thereof and maritime parts whatsoever adjacent thereto, and also throughout all and every the Shores, Public Streams, Ports, fresh Waters, Rivers, Creeks and Arms as well of the Sea as of the Rivers and Coasts whatsoever of our said Province of Massachusetts Bay in America and Territories dependant thereon and maritime parts whatsoever of the same and thereto adjacent as well within Liberties and Franchises as without to take Cognizance of and proceed in all Causes Civil and Maritime and in Complaints, Contracts, Offences or suspected offences, Crimes, pleas, Debts, exchanges, accounts, Charter parties, Agreements, Suits, Trespasses, Injuries, extortions and demands and businesses Civil and maritime whatsoever commenced or to be commenced between Merchants, or between Owners and Proprietors of Ships and other Vessels and Merchants or others whomsoever with such owners and Proprietors of Ships and all other Vessels whatsoever imployed or used within the maritime Jurisdiction of our Vice Admiralty of our said Province of Massachusetts Bay in America and Territories depending on the same or between any other Persons whomsoever, had, made, begun or contracted for any matter, thing, cause or business whatsoever done or to be done within our Maritime Jurisdiction aforesaid, together with all and singular their Incidents Emergencies dependencies annexed and connexed, Causes whatsoever, wheresoever or howsoever, and such Causes, Complaints, Contracts and other the premises abovesaid or any of them which may happen to arise, be contracted had or done, to hear and determine according to the Rights, Statutes, Laws, Ordinances & Customs anciently observed. And moreover in all and singular Complaints, Contracts, Agreements, Causes and Businesses Civil and Maritime to be performed beyond the Sea or contracted there howsoever arising or happening and also in all and singular other Causes & matters which in any manner whatsoever touch or any way concern or anciently have and do or ought to belong unto the Maritime Jurisdiction of our aforesaid Vice Admiralty in our said Province of Massachusetts Bay in America and Territories depending thereon and Maritime parts thereof and to the same adjoining whatsoever and generally in all and singular all other Causes, Suits, Crimes, Offences, Excesses Injuries, Complaints, misdemeanours or suspected misdemeanours, Trespasses, Begratings, Forestallings and Maritime Businesses whatsoever throughout the places aforesaid within the Maritime Jurisdiction of our Vice Admiralty of our Province of Massachusetts Bay in America aforesaid and Territories thereon depending by Sea or water or the Banks or Shores of the same howsoever done, committed, perpetrated or happening, and also to enquire by the Oaths of honest and lawful men of our said Province of Massachusetts Bay in America and Territories dependant thereon and Maritime parts of the same and adjoining to them whatsoever dwelling both within Liberties and Franchises and without as well of all & singular such matters and things which of right and by the Statutes, Laws, Ordinances and Customs anciently observed were wont and ought to be inquired after as of Wreck of the Sea and of all and singular the Goods and Chattels of whatsoever Traitors, Pirates, Manslayers and Felons howsoever offending within the Maritime Jurisdiction of our Vice Admiralty of our Province of Massachusetts Bay in America aforementioned and Territories thereunto belonging and of the Goods, Chattels and Debts of all and singular their maintainers, accessaries, Councellors, abettors or assistants whomsoever and also of the Goods, Debts and Chattels of whatsoever person or persons, Felons of themselves by what means or howsoever coming to their Death within our aforesaid Maritime Jurisdiction wheresoever any such Goods, debts & Chattels or any parcel thereof by Sea, Water, or Land in our said Province of Massachusetts Bay in America aforementioned and Territories thereon dependant and maritime parts of the same and thereto adjacent whatsoever as well within Liberties and Franchises as without, have been or shall be found forfeited or to be forfeited or in being. And moreover as well of the Goods, Debts and Chattels of whatsoever Traitors Felons and Manslayers wheresoever offending and of the Goods, Debts and Chattels of their maintainers, accessaries, Counsellors, abettors or assistants as of the Goods, Debts and Chattels of all Fugitives, Persons Convicted, attainted, condemned, outlawed or howsoever put or to be put in exigent for Treason, Felony, Manslaughter or Murder or any other offence or Crime whatsoever, and also concerning Goods waving Flotzen Jetzon Lagon Shares and Treasure found or to be found Deodands and of the Goods of all others whatsoever taken or to be taken as Derelict or by chance found or to be found or howsoever due or to be due, and of all other Casualty’s as well in, upon or by the Sea and Shores, Creeks or Coasts of the Sea or Maritime parts as in upon or by all Fresh waters, Ports, public Streams, Rivers or Creeks or places overflown whatsoever within the ebbing and flowing of the Sea or high water or upon the Shores or Banks of any of the same within our Maritime Jurisdiction aforesaid howsoever whensoever or by what means soever arising happening or proceeding or wheresoever such Goods Debts & Chattels or other the premises or any parcel thereof may or shall happen to be met with or found within our Maritime Jurisdiction aforesaid and also concerning Anchorage, Lastage and Ballast of Ships and of Fishes Royal, namely, Sturgeons, Whales, Porpusses, Dolphins, Biggs and Crampusses193 and generally of all other Fishes whatsoever which are of a great or very large bulk or fatness anciently by right or custom, or any appertaining or belonging to us, And to ask, require, levy take, collect receive and obtain and to the use of us and the office of our high Admiral of Great Britain aforesaid for the time being to keep and preserve the said Wreck of the Sea and the Goods, Debts and Chattels and all and singular other the premises, together with all and all manner of Fines, Mulcts, Issues, forfeitures, amerciaments, Ransoms and Recognizances whatsoever forfeited or to be forfeited and pecuniary punishments for Trespasses, Crimes, Injuries, Extortions, contempts and other misdemeanors whatsoever howsoever imposed or inflicted or to be imposed or inflicted for any matter Cause or thing whatsoever in our said Province of Massachusetts Bay in America and Territories thereunto belonging and maritime parts of the same and thereto adjoining in any Court of our Admiralty there held or to be held presented, or to be presented assessed brought forfeited or adjudged and also all amerciaments, Issues, Fines, perquisites, mulcts and pecuniary punishments whatsoever and forfeitures of all manner of Recognizances before you or your Lieutenant, Deputy or Deputys in our said Province of Massachusetts Bay in America and Territories thereunto belonging and maritime parts of the same and thereto adjacent whatsoever, happening or imposed or to be imposed or inflicted or by any means assessed, presented, forfeited or adjudged or howsoever by reason of the premises due or to be due in that behalf to us or our Heirs and Successors. And further to take all manner of recognizances, Cautions, obligations and Stipulations as well to our use as at the instance of any parties for agreements or Debts and other Causes whatsoever and to put the same into execution and to cause and command them to be executed. And also to Arrest and Cause & Command to be Arrested according to the Civil & Maritime Laws and ancient Customs of our said Court all Ships, Persons, things, Goods, Wares and Merchandizes for the premises and every of them and for other Causes whatsoever concerning the same wheresoever they shall be met with or found throughout our said Province of Massachusetts Bay in America and Territories thereunto belonging and Maritime parts thereof and thereto adjoining within Liberties and Franchises as without and likewise for all other agreements, Causes or Debts howsoever contracted or arising so that the Goods of the persons of the Debtors may be found within our Jurisdiction aforesaid, and to hear, examine, discuss and finally determine the same with their Emergencies, dependencies, Incidents annexed and connexed Causes and Businesses whatsoever together with all other Causes, Civil & Maritime and Complaints, Contracts and all and every the respective premises whatsoever above expressed according to the Laws and Customs aforesaid and by all other lawful ways means and methods according to the best of your skill and Knowlege, and to compel all manner of Persons in that behalf as the Case shall require to appear and to answer with power of using any temporal Coertion and of inflicting any other penalty or mulct according to the Laws and Customs aforesaid and to do and minister Justice according to the right order and course of the Law summarily and plainly looking only into the truth of the Fact, and to Fine, Correct, punish, chastize and reform and imprison and cause and command to be imprisoned in any Goals being within our Province of Massachusetts Bay in America aforesaid and Territories thereunto belonging the parties guilty and the contemners of the Law and the Jurisdiction of our Admiralty aforesaid and violaters, usurpers, delinquents and contumacious absenters, masters of Ships, mariners, Bowers Fishermen, Shipwrights and other Workmen and artifices194 whatsoever exercising any kind of maritime affairs according to the Rights Statutes, Laws, Ordinances and Customs anciently observed and to deliver and absolutely discharge and cause and command to be discharged whatsoever persons imprisoned in such cases who are to be delivered and to preserve and cause to be preserved the Public Streams, Ports, Rivers, fresh waters and Creeks whatsoever within our Maritime Jurisdiction aforesaid in whatsoever place they be in our Province of Massachusetts Bay in America aforesaid and Territories thereunto belonging and maritime parts of the same and thereto adjacent whatsoever as well for the preservation of our Navy Royal and of the Fleets and Vessels of our Kingdoms and Dominions aforesaid of whatsoever Fishes increasing in the Rivers and places aforesaid and also to keep and cause to be executed and kept in our Province of Massachusetts Bay in America and Territories thereunto belonging and maritime parts thereof and thereto adjacent whatsoever the Rights, Statutes Laws, Ordinances and Customs anciently observed and to do exercise, expedite and execute all & singular other things in the premises and every of them as they by right and according to the Laws & Statutes, Ordinances and Customs aforesaid should be done and moreover to reform nets too close and other unlawful Engines or Instruments whatsoever for the catching of Fishes wheresoever by Sea or public Streams, Ports, Rivers, Fresh waters or Creeks whatsoever throughout or195 Province of Massachusetts Bay in America aforesaid and Territories dependant thereon and maritime parts of the same and thereto adjacent used or exercised by Water within our Maritime Jurisdiction aforesaid wheresoever and to punish and correct the exercisers and occupiers thereof according to the Statutes, Laws, Ordinances and Customs aforesaid, and to pronounce, promulge & interpose all manner of Sentences & Decrees and to put the same in Execution with cognizance and Jurisdiction of whatsoever other Causes Civil and Maritime which relate to the Sea or which any manner or ways respect or concern the Sea or passage over the same or Naval or maritime Voyages or our said maritime Jurisdiction or the places or limits of our said Admiralty and Cognizance aforementioned and all other things done or to be done, with power also to proceed in the same according to the Statutes, Laws, Ordinances and Customs aforesaid anciently used as well of meer office mixt or promoted as at the instance of any party as the case shall require and seem convenient and likewise with Cognizance and decision of Wreck of the Sea great or small, and of the death, drowning and view of dead Bodies of all Persons howsoever killed or drowned or murthered or which shall happen to be killed drowned or murthered or by any other means come to their death in the Sea or public Streams, Ports, Fresh waters or Creeks whatsoever within the flowing of the Sea & high water mark throughout our aforesaid Province of Massachusetts Bay in America and Territories thereunto belonging and maritime parts of the same and thereto adjacent or elsewhere within our maritime Jurisdiction aforesaid together with the Cognizance of Mayhem in the aforesaid places within our maritime Jurisdiction aforesaid and flowing of the Sea and water there happening with power also of punishing all delinquents in that kind according to the exigencies of the Law and Customs aforesaid And to do exercise, expedite and execute all and singular other things which in and about the premises only shall be necessary or thought meet according to the Rights, Statutes, Laws, Ordinances and Customs aforesaid with power of deputing & Surrogating in your place for the premises one or more Deputy or Deputies as often as you shall think fit And also with power from time to time of naming, appointing ordaining, necessary fit & convenient officers and ministers under you for the said office and execution thereof in our said Province of Massachusetts Bay in America and Territories thereunto belonging and maritime parts of the same and thereto adjacent whatsoever Saving always the Right of our high Court of Admiralty of England and also of the Judge and Registrar of the said Court from whom or either of them it is not our intention in any thing to derogate by these presents and saving to every one who shall be wronged or grieved by any definite Sentence or Interlocutory Decree which shall be given in the Vice Admiralty Court of our Province of Massachusetts Bay in America aforesaid and Territories thereunto belonging the right of appealing to our aforesaid high Court of Admiralty of England Provided nevertheless and under this express condition that if you the aforesaid Thomas Hutchinson Esquire our Captain General and Governor in Chief aforesaid shall not yearly (to wit) at the end of every year between the Feasts of S^t Michael the Archangel and all Saints duly certify and cause to be effectually certified, if you shall be thereunto required, to us and our Lieutenant official principal and Commissary General and special and Judge and President of the high Court of our Admiralty of England aforesaid all that which from time to time by virtue of these presents you shall do execute, collect or receive in the premises or any of them, together with your full and faithful account thereupon to be made in an authentic form and Sealed with the Seal of our office remaining in your Custody that from thence and after default therein these our Letters Patent of the office of Vice Admiral aforesaid as above granted shall be null and void and of no force or effect — Further We do in our name Command all and singular our Governors, Justices, Mayors, Sheriffs, Captains, Marshalls, Bailiffs, Keepers of all our Goals and Prisons, Constables and all other our officers and faithful and liege Subjects whatsoever and every of them as well within Liberties and Franchises as without that in & about the execution of the premises and every of them they be aiding, favouring, assisting submissive and yield obedience in all things as is fitting to you the aforesaid Thomas Hutchinson Esq^r our Captain General and Governor in Chief of our Province of Massachusetts Bay in America aforesaid and to your Deputy whomsoever and to all other officers (by you appointed or to be appointed) of our said Vice Admiralty in our Province of Massachusetts Bay in America aforesaid and Territories thereunto belonging & Maritime parts of the same and thereto adjoining under pain of the Law and the peril which will fall thereon. Given at London in the high Court of our admiralty of England aforesaid under the Great Seal thereof the fourth day of January in the year of our Lord One thousand seven hundred and seventy one and of our Reign the Eleventh.

GODF: LEE FARRANT Registrar

Great Seal of the high Court of admiralty appending

Exam^d ꝑ In^O Cotton D. Secr͞y

— Crown Commissions, 1677–1774, pp. 126–132.

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.