INDEX

JOSEPH DUDLEY’S FIRST COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

13 February, 1701–2

William the third by the grace of god king of England Scotland France and Ireland Defender of the Faith &c. To Our Trusty and welbeloved Joseph Dudley Esq^r Greeting

Whereas we have by our Royall Charter under Our Great Seale of England, bearing date the seaventh Day of October in the third yeare of Our Reign United Erected and Incorporated the Colony of the Massachusets Bay the Colony of New Plymouth the Province of Maine in New England the Territorie of Accadia or Nova Scotia and the lands lying between the said Territorie of Nova Scotia and the Province of Maine aforesaid into one reall Province by the Name of Our Province of the Massachusets Bay in New England and have thereby granted to Our Loveing Subjects the Inhabitants of our said Province or Territory of the Massachusets Bay in New England and their Successors That there shall be a Governor a Lieutenant Governor and a Secretary of Our said Province and Territory to be from time to time appointed and Commissionated by us our Heirs and Successors with severall Priviledges Franchises and Immunities thereby Granted to Our said Loving Subjects We therefore reposeing especial Trust and confidence in your prudence Courage and Loyalty out of Our especiall Grace certaine knowledge and meer Motion have thought fitt to constitute and appoint and by these presents doe constitute and appoint you the said Joseph Dudley to be our Captaine General and Governor in Cheife in and over our said Province of the Massachusets Bay in New England And for your better Guidance and Directions Wee doe hereby require and Command you to doe and execute all things in due manner that shall belong unto the Trust Wee have reposed in you according to the severall Powers and Authorities menc̄oned in Our said Charter and in these Presents and such further Powers and Instruccons and Authorities as you shall receive or which shall at any time hereafter be granted or appointed you under Our Signe Manuall and Signett Or by Order of Our Privy Councill in Pursuance of Our 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 forme as by our said Charter is directed And we do hereby give and Grant unto you full power & authority where you shall see cause and shall Judge any offender or offenders in Capital or Criminal matters or for any Fines or Forfeitures due unto Us fitt objects of our mercy to pardon all such offenders and 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 untill our Pleasure shall be further knowne And we do hereby give & grant unto you the said Joseph Dudley by your selfe your Captaines and Com̄anders by you to be Authorized full Power and Authority to Levy Arme Muster Com̄and or Employ all Persons whatsoever resideing within Our said Province & Territory of the Massachusets Bay in New England and as occasion shall require them to transferr from one place to another for the resisting & withstanding of all Enemies Pirates and Rebells both at Land and Sea And such forces with their own consent or with the consent of Our Councill and Assembly to Transport to any of Our Plantacons 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 Rebells if occasion shall require to pursue and prosecute in or out of the Limitts of our said Province or any part thereof 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 Wee 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 Platformes Castles and Fortificaco͞ns as you shall judge necessary And the same or any of them to Fortifie and furnish with Ordnance Am̄unico͞n and all sorts of Armes fitt and necessary for the security & Defence of Our said Province and from time to time to com̄it the Government of the same to such person or persons as to you shall seem meet and the said Forts and Fortifications againe to Demolish or Dismantle as may be most convenient And to do and Execute all and every other thing which to a Captaine Generall doth or ought of right to belong as fully and amply as any other our Captaine Generall doth or hath usually done according to the Powers hereby granted or to be granted unto you And Wee do hereby give & grant unto you the said Joseph Dudley full Power and Authority to constitute and appoint Captaines Masters and other Commanders of Ships and to grant unto such Captaines Masters and other Com̄anders of ships Com̄issions to Execute the Law Martial dureing the time of actuall Warr Invasion or Insurrecco͞n and to use such Proceedings Authorities Punishments Correcco͞ns and Execuco͞ns upon any offender or offenders which shall be mutinous seditious disorderly or any way unruly either at sea or dureing the time of their abode or residence in any of the Ports Harbours or Bays of Our said Province & Territory as the Cause shall be found to require according to Martial Law during the time of Warr as aforesaid Provided that nothing herein contained shall be construed to the enabling you or any by your Authority to hold Plea or have Jurisdicco͞n of any offence cause matter or thing comitted or done upon the High Sea or within any the Havens Rivers or Creeks of Our said Province or Territories under your Government by any Captaine Com̄ander Lieutenant Master or other Officer seaman Soldier or Person whatsoever who shall be in Actuall Service & Pay in or on Board any of our ships of war or other vessells acting by im̄ediate Com̄ission or Warrant from Our Com̄issioners for executeing the Office of Our High Admirall of England under the Seale of Our Admiralty or from Our High Admirall of England for the time being But that such Captaine Commander Lieutenant 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 Com̄ission under Our Great Seale of England as the Statute of the eight & twentieth of Henry the Eighth directs or by Comission from our said Com̄issioners for executeing the Office of Our High Admirall of England or from our High Admirall of England for the time being according to the Act of Parliament passed in the thirteenth yeare of the Reigne of Our Dearest Uncle King Charles the Second of Blessed Memory Entituled (An Act for the Establishing Articles & Orders for the regulateing and better Government of his Majesties Navy Ships of warr and Forces by Sea) and not otherwise saveing onely that it may and shall be lawfull for you upon any such Captaine or Commanders refuseing or neglecting to execute or upon his negligent or undue Execuco͞n of any of the written Orders he shall receive from you for our Service and the service of our said Province & Territory to suspend him the said Captaine or Commander from the Exercise of his said Office of Commander and comitt him in safe Custody either on Board his owne Ship or elsewhere at your Discretion in order to his being brought to answer for the same by Comission either under Our Great Seale of England or from our said Com̄issioners for executeing the Office of High Admirall of England or from Our said High Admirall of England for the time being as is before expressed In which case Our Will & Pleasure is That the Captaine or Commander so by you suspended shall dureing such his Suspenco͞n and Committment be succeeded in his said Office by such Comission or Warrant Officer of Our said ship appointed by Our Com̄issioners for executeing the Office of Our High Admirall of England or by Our said High Admirall of England for the time being as by the known Practice and discipline of our Navy does and ought next to succeed him as in case of death sicknesse or other ordinary disability happening to the Commanders of any of our Ships of Warr and not otherwise You standing also accountable to Us for the Truth and Importance of the Crimes & misdemeanours for which you shall so proceed to the Suspending of such our Captaine or Commander Provided also that all disorders and misdeanous261 com̄itted on shore by any Captaine Commander Lieutenant Master or other Officer Seaman Soldier or person whatsoever belonging to any Our Ships of warr or other vessells acting by Im̄ediate Comission or Warrant from our Comissioners for Executeing the office of Our High Admirall of England under the Seale of Our Admiralty or from Our High Admirall of England for the time being may be Tryed & punished according to the Laws of the Place where any such Disorders Offences & Misdemeanors shall be so comitted on Shore Notwithstanding such offender be in our actual Service and in Our Pay on Board any such Our Shipps of Warr or other vessells acting by im̄ediate Com̄ission or Warrant from our Commissioners for Executing the Office of Our High Admirall or from our High Admirall as aforesaid so as he shall not receive any Protection for the avoyding of Justice for such Offences Comitted on Shore from any pretence of his being imployed in Our service at sea. And further Our Will & Pleasure is That you shall not at any time hereafter by coulour of any Power or authority hereby Granted or menco͞ned 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 Seale of England any further than that you may upon the vacancy of any such office or Suspenco͞n of any officer by you put in any person to officiate in the Interval untill the said Place be disposed of by Us Our Heirs or Successors under the Great Seale of England or that our Direcco͞ns be otherwise given therein And we do hereby require and Command all Officers and Ministers Civill and Military and all other the Inhabitants of Our said Province and Territory to be obedient aiding and assisting unto you the said Joseph Dudley in the Execuco͞n of this Our Comission and of the Powers and Authorities therein contained and upon your Death or Absence out of our said Province and Territories to our Lieutenant Governor of our said Province and upon such your Death or Absence and the Death or Absence of our said Lieutenant Govern^r to our Councill of our said Province and Territory for the time being to whome Wee do by these Presents give and Grant all and singular the Powers & Authorities hereby Granted unto you to be by him or them respectively exercised and enjoyed untill the returne of you our Governor or of our Lieutenant Governor or the Arrival or Constitucio͞n of such other Governour as shall be thereupon Comissionated and appointed by Us And Our Will and Pleasure is that you the said Joseph Dudley shall and may hold execute and enjoy the Office and place of Our Captaine General and Governour in Cheif 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 and dureing our Will and Pleasure. And whereas there are diverse Colonies adioyning 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 Warr Wee have therefore thought it further necessarye for Our Service and for the better protection and Security of our subjects Inhabiting those parts to Constitute and appoint And Wee do by these Presents Constitute and Appoint you the said Joseph Dudley to be Our Captaine Generall and Comander in Cheif of the Militia and of all the Forces by Sea and Land within our Colonies of Rhode Island and Providence Plantaco͞n and the Narraganset Country or King’s Province and of all our Forts and Places of Strength within the same. And for the better Ordering Governing and Ruleing our said Militia and all our Forces Forts and Places of Strength within our said Colonies of Rhode Island and Providence Plantacon and the Narraganset Countrey or King’s Province Wee doe hereby give and Grant unto you the said Joseph Dudley and in your absence to our Lieutenant Governor or Commander in Cheif of Our Province of Massachusets Bay, all and 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 and Places of Strength within Our Province of the Massachusets Bay to be exercised by you the said Joseph Dudley and in your absence from our Territory and Dominion of New England by our said Lieutenant Governour or Commander in Cheif of our said Province of the Massachusets Bay for the time being within our said Colonies of Rhode Island and Providence Plantation and the Narraganset Countrey or King’s Province for and dureing our Pleasure. In Witness &c. Witness our selfe at Westminster the thirteenth day of February

— Public Record Office, Patent Roll, 14 William III, No. 2.

BISHOP GIBSON’S SECOND COMMISSION260

29 April, 1728

The king, etc., to the Reverend Father in Christ, Edmund, by divine permission Bishop of London, Greeting:

1. 1. Inasmuch as our colonies, plantations, and other dominions in America have not yet been divided or formed [into dioceses] or annexed to any diocese within our Kingdom of Great Britain (by reason of which, jurisdiction in ecclesiastical causes arising in them or any one of them belongs to us alone as supreme head of the Church on earth), and inasmuch as it has seemed necessary to us that in turn spiritual and ecclesiastical jurisdiction in those regions in the cases undermentioned in these presents be established and exercised by our royal authority according to the laws and canons of the English Church [that are] lawfully received and sanctioned in England, in order that the incorrupt worship of God and the pure profession of the Christian religion may be the better promoted, and inasmuch as our royal father George the First, lately King of Great Britain, etc., by his letters patent made under his great seal of Great Britain, bearing date at Westminster on the ninth day of February in the thirteenth year of his reign, gave and granted to you, the foresaid Bishop of London full power and authority to exercise, by yourself or by your sufficient commissary or your sufficient commissaries by you to be substituted and named, spiritual and ecclesiastical jurisdiction in his respective colonies, plantations, and other dominions in America during the good pleasure of the said late King, as by the same letters patent (reference being had thereto) more fully is evident and appears:
2. 2. Know ye, now, that we have revoked and terminated, and by [these] presents do revoke and terminate, the said recited letters patent and all and singular the things contained in the same; and further know ye that we, trusting very much in your pure religion and doctrine and uprightness of character and in your provident care and zeal in conducting affairs in this behalf, of our special grace and certain knowledge and mere motion have given and granted, and by [these] presents do give and grant, to you, the foresaid Bishop of London, full power and authority to exercise, by yourself or by your sufficient commissary or your sufficient commissaries by you to be substituted and named, spiritual and ecclesiastical jurisdiction in our respective colonies, plantations, and other dominions in America, according to the laws and canons of the English Church [that are] lawfully received and sanctioned in England, in the special causes and matters expressed and specified below in these presents, and for a declaration of our royal will as to the special causes and matters in which we wish the jurisdiction aforesaid to be exercised by virtue of this our commission, we have further given and granted, and by [these] presents do give and grant, to you, the foresaid Bishop of London, full power and authority, by yourself or by your sufficient commissary or your sufficient commissaries by you to be substituted and named, to visit all churches in our foresaid colonies, plantations, and other dominions in America in which divine service according to the rites and liturgy of the English Church shall be celebrated, and all rectors, curates, ministers, and incumbents (or by whatsoever other name [they may be] called) of the churches [aforesaid], and all priests and deacons instituted in holy orders of the English Church, with all and all manner of ecclesiastical jurisdiction, power, and coercion requisite as to the premises, and at days, hours, and fit places (whatsoever, how often, and whensoever to you or your commissary or commissaries aforesaid shall seem more suitable and convenient) to summon the foresaid rectors, curates, ministers, incumbents, priests or deacons instituted in holy orders of the English Church, or any one or more of them, and no other persons whomsoever, before you or the commissary or commissaries aforesaid, and by witnesses to be sworn in due form of law by you or the commissary or commissaries aforesaid, and in other lawful ways and manners in which this may of right be better and more effectually done, to inquire concerning the morals of the same according to the laws and canons of the English Church, and also to administer whatsoever lawful oaths [are] customary in ecclesiastical courts, and to correct and punish the foresaid rectors, ministers, incumbents, priests and deacons instituted in holy orders of the English Church according to their deserts, whether by removal, suspension, excommunication, or whatsoever other kind of due ecclesiastical censures or corrections according to the canons and ecclesiastical laws aforesaid:
3. 3. And further, of our more abundant grace, we have given and granted, and do hereby give and grant, to you, the foresaid Bishop of London, full power and authority from time to time to name and substitute, under your hand and your episcopal seal, sufficient commissaries for exercising and executing effectually all and singular the premises in the several and respective colonies, plantations, and dominions aforesaid in America according to the tenor and true intent of this our commission, and to remove and change such commissaries from time to time as it shall seem to you expedient:
4. 4. To have and to enjoy all and singular the powers and authorities aforesaid, to you, the foresaid Bishop of London, as long as it shall be our pleasure.
5. 5. We wish, nevertheless, and we do hereby declare and ordain, that it be freely allowed, and it shall be allowed, to any person or any persons whomsoever against whom any judgment, decree, or sentence shall be given or pronounced by virtue of this our commission, to appeal from such judgment, decree, or sentence to our well-beloved and right trusty counsellors the Right Reverend Father in Christ, William Archbishop of Canterbury, and the Archbishop of Canterbury for the time being; Peter Lord King, Baron of Ockham, our Chancellor of Great Britain, and our Chancellor of Great Britain or the Keeper of our Great Seal of Great Britain for the time being; the Right Reverend Father in Christ, Lancelot Archbishop of York, and the Archbishop of York for the time being; our High Treasurer of Great Britain for the time being; William Duke of Devonshire, President of our Privy Council, and the President of our Privy Council for the time being; Thomas Lord Trevor, Keeper of our Privy Seal, and the Keeper of our Privy Seal for the time being; Lionel Cranfield Duke of Dorset, Marshal of our Household [, and the Marshal of our Household] for the time being; Charles Duke of Grafton, Chamberlain of our Household, and the Chamberlain of our Household for the time being; Thomas Duke of Newcastle, one of our Principal Secretaries of State; Thomas Earl of Westmoreland; Charles Viscount Townshend, the other of our Principal Secretaries of State, and our Principal Secretaries of State for the time being; George Viscount of Torrington, Principal Commissioner of our Admiralty, and our High Admiral and the Principal Commissioner of our Admiralty for the time being; Arthur Onslow, Gentleman, Speaker of our House of Commons, and the Speaker of our House of Commons for the time being; Robert Walpole, Knight of the Most Noble Order of the Garter, Chancellor of our Exchequer and Principal Commissioner of our Treasury, and the Chancellor of our Exchequer and Principal Commissioner of our Treasury for the time being; Robert Raymond, Knight, our Chief Justice appointed for the Pleas to be held in our presence, and our Chief Justice appointed for the Pleas to be held in our presence for the time being; Joseph Jekyll, Knight, Master of the Rolls of our Chancery, and the Master of the Rolls of our Chancery for the time being; and Robert Eyre, Knight, our Chief Justice of the Common Bench, and our Chief Justice of the Common Bench for the time being, — to whom, namely, William Archbishop of Canterbury, and the Archbishop of Canterbury for the time being; Peter Lord King, and our Chancellor of Great Britain or the Keeper of our Great Seal of Great Britain for the time being; Lancelot Archbishop of York, and the Archbishop of York for the time being; our High Treasurer of Great Britain for the time being; William Duke of Devonshire, and the President of our Privy Council for the time being; Thomas Lord Trevor, and the Keeper of our Privy Seal for the time being; Lionel Cranfield, Duke of Dorset, and the Marshal of our Household for the time being; Charles Duke of Grafton, and the Chamberlain of our Household for the time being; Thomas Duke of Newcastle, Thomas Earl of Westmoreland, Charles Viscount Townshend, and our Principal Secretaries of State for the time being; George Viscount Torrington, and our High Admiral and the Principal Commissioner of our Admiralty for the time [being]; Arthur Onslow, and the Speaker of our House of Commons for the time being; Robert Walpole, and the Chanceller of our Exchequer and Principal Commissioner of our Treasury for the time being; Robert Raymond, and our Chief Justice appointed for the pleas to be held in our presence for the time being; Joseph Jekyll, and the Master of the Rolls of our Chancery for the time being; and Robert Eyre, and our Chief Justice of Common Bench for the time being, — being of our Privy Council, — or to any three or more of the same, being of our Privy Council, we hereby give and grant full power and authority from time to time to hear and finally to determine all and singular such appeals, and to affirm, change, or revoke such judgments, decrees, or sentences, and to give and pronounce judgments and sentences finally thereupon, in as ample manner and form as the Commissioners under our Great Seal of Great Britain constituted and appointed by virtue of the statute made in the twenty-fifth year of the reign of the Lord Henry the Eighth, late King of England, entitled “An Act for the Submission of the Clergy and Restraint of Appeals,” can and ought to proceed in appeals subject to their own determination by the statute aforesaid, anything herein contained to the contrary in anything notwithstanding:
6. 6. Commanding, furthermore, and hereby by firm injunction instructing as well all and singular our governors general, judges, and justices, as all and singular rectors, incumbents, ministers, officers, and our subjects whomsoever within the colonies, plantations, and other our dominions aforesaid in America, that they themselves and every of them be assiduous and assistant to you, the foresaid Bishop of London, and to the commissary or commissaries aforesaid, in the due execution of the premises in all things as is fitting.

In [testimony] whereof, etc. Witness the King at Westminster on the twenty-ninth day of April.

By Writ of Privy Seal

BISHOP GIBSON’S FIRST COMMISSION258

9 February, 1726–7

The king, etc., to the Reverend Father in Christ, Edmund, by divine permission Bishop of London, Greeting:

1. 1. Inasmuch as our colonies, plantations, and other dominions in America have not yet been divided or formed into dioceses, or annexed to any diocese within our kingdom of Great Britain (by reason of which, jurisdiction in ecclesiastical causes arising in them or any one of them belongs to us alone, as supreme head of the Church on earth), and inasmuch as it has seemed necessary to us that in turn spiritual and ecclesiastical jurisdiction in those regions in the cases undermentioned in these presents be instituted and exercised by our royal authority according to the laws and canons of the English Church [that are] lawfully received and sanctioned in England, in order that the incorrupt worship of God and the pure profession of the Christian religion may be the better promoted:
2. 2. Know ye, now, that we, trusting very much in your pure religion and doctrine and uprightness of character and in your provident care and zeal in conducting affairs in this behalf, of our special grace and certain knowledge and mere motion have given and granted, and by [these] presents do give and grant, to you the foresaid Bishop of London, full power and authority to exercise, by yourself or by your sufficient commissary or your sufficient commissaries by you to be substituted and named, spiritual and ecclesiastical jurisdiction in our respective colonies, plantations, and other dominions in America, according to the laws and canons of the English Church [that are] lawfully received and sanctioned in England, in the special causes and matters expressed and specified below in these presents; and for a declaration of our royal will as to the special causes and matters in which we wish the foresaid jurisdiction to be exercised by virtue of this our commission, we have further given and granted, and by [these] presents do give and grant, to you, the foresaid Bishop of London, full power and authority, by yourself or by your sufficient commissary or your sufficient commissaries by you to be substituted and named, to visit all churches in our colonies, plantations, and other dominions aforesaid in America in which divine service according to the rites and liturgy of the English Church shall be celebrated, and all rectors, curates, ministers, and incumbents (or by whatsoever other name [they may be] called) of the churches aforesaid, and all priests and deacons instituted in holy orders of the English Church, with all and all manner of ecclesiastical jurisdiction, power, and coercion requisite in the premises, and at days and hours and fit places (whatsoever, how often, and whensoever to you or to the commissary or commissaries aforesaid shall seem more suitable and convenient) to summon the foresaid rectors, curates, ministers, incumbents, priests or deacons instituted in holy orders of the English Church, or any one or more of them, before you or the commissary or commissaries aforesaid, and by witnesses to be sworn in due form of law by you or by the commissary or commissaries aforesaid, and in other lawful ways and manners in which this may of right be better and more effectually done, to inquire concerning the morals of the same, and concerning the morals of the parish clerks and concerning the skill, care, and diligence of the same in performing all duties pertaining to the place of a parish clerk according to the laws and canons of the English Church, and also to administer whatsoever lawful oaths [are] customary in ecclesiastical courts, and to correct and punish the foresaid rectors, curates, ministers, incumbents, priests and deacons instituted in holy orders of the English Church, and parish clerks, according to their deserts, whether by removal, deprivation, suspension, excommunication, or whatsoever other kind of due ecclesiastical censures or corrections, according to the canons and ecclesiastical laws aforesaid:
3. 3. And further we have given and granted, and by [these] presents do give and grant, to you, the foresaid Bishop of London, full power and authority to inquire, by yourself or your sufficient commissary or your sufficient commissaries, concerning the condition and repair of parish churches and of houses belonging or pertaining to any rector, minister, incumbent, or by whatsoever other name [he may be] called, within our colonies, plantations, and other dominions aforesaid in America, and concerning the provision of all those things whatsoever [that are] requisite and necessary for the decent and regular celebration of divine service and the administration of the sacraments in the foresaid churches according to the requirement of the law, and to compel and coerce all and singular persons who by the laws shall thereunto respectively be held and obliged, to repair and maintain the same churches and houses, and respectively, and to provide and supply other things and materials abovementioned, according to the form and process of ecclesiastical law, with all and all manner of lawful jurisdiction, power, and coercion requisite in the premises, and also to correct and punish such persons abovementioned as in the premises shall be found delinquent or contumacious, according to their deserts, by excommunication or any other kind of due ecclesiastical censures or corrections according to the canons and ecclesiastical laws aforesaid, and generally to do, exercise, and execute all and singular the things which lawfully belong and pertain to the execution of ecclesiastical jurisdiction in all and singular the premises or shall be necessary about them:
4. 4. And further, of our more abundant grace, we have given and granted, and do hereby give and grant, to you, the foresaid Bishop of London, full power and authority from time to time to name and substitute, under your hand and your episcopal seal, sufficient commissaries for exercising and executing effectually all and singular the premises in the several and respective colonies, plantations, and dominions aforesaid in America according to the tenor and true intent of this our commission, and to remove and change such commissaries from time to time as it shall seem to you expedient:
5. 5. To have and to enjoy all and singular the powers and authorities aforesaid, to you, the foresaid Bishop of London, as long as it shall be our pleasure.
6. 6. We wish, nevertheless, and we do hereby declare and ordain, that it be freely allowed, and it shall be allowed, to any person or any persons whomsoever against whom any judgment, decree, or sentence shall be given or pronounced by virtue of this our commission, to appeal from such judgment, decree, or sentence to our well-beloved and right trusty and our counsellors, the Right Reverend Father in Christ, William Archbishop of Canterbury and the Archbishop of Canterbury for the time being; Peter Lord King, Baron of Ockham, our Chancellor of Great Britain, and our Chancellor of Great Britain or the Keeper of our Great Seal of Great Britain for the time being; the Right Reverend Father in Christ, Lancelot Archbishop of York, and the Archbishop of York for the time being; our High Treasurer of Great Britain for the time being; William Duke of Devonshire, President of our Privy Council, and the President of our Privy Council for the time being; Thomas Lord Trevor, Keeper of our Privy Seal, and the Keeper of our Privy Seal for the time being; Lionel Cranfield, Duke of Dorset, Marshal of our Household, and the Marshal of our Household for the time being; Charles Duke of Grafton, Chamberlain of our Household, and the Chamberlain of our Household for the time being; Thomas Duke of Newcastle, one of our Principal Secretaries of State; Thomas Earl of Westmoreland; James Earl of Berkeley, Principal Commissioner of our Admiralty, and our High Admiral and the Principal Commissioner of our Admiralty for the time being; Charles Viscount Townshend, the other of our Principal Secretaries of State, and our Principal Secretaries of State for the time being; Spencer Compton, Knight of the Bath, Speaker of our House of Commons, and the Speaker of our House of Commons for the time being; Robert Walpole, Knight of the most noble Order of the Garter, Chancellor of our Exchequer and Principal Commissioner of our Treasury, and the Chancellor of our Exchequer and Principal Commissioner of our Treasury for the time being; Robert Raymond, Knight, our Chief Justice appointed for the pleas to be held in our presence,259 and our Chief Justice appointed for the pleas to be held in our presence for the time being; Joseph Jekyll, Knight, Master of the Rolls of our Chancery, and the Master of the Rolls of our Chancery for the time being; and Robert Eyre, Knight, our Chief Justice of the Common Bench, and the Chief Justice of the Common Bench for the time being — to whom, namely William Archbishop of Canterbury, and the Archbishop of Canterbury for the time being; Peter Lord King and our Chancellor of Great Britain or the Keeper of our Great Seal of Great Britain for the time being; Lancelot Archbishop of York, and the Archbishop of York for the time being; our High Treasurer of Great Britain for the time being; William Duke of Devonshire, and the President of our Privy Council for the time being; Thomas Lord Trevor, and the Keeper of our Privy Seal for the time being; Lionel Cranfield Duke of Dorset, and the Marshal of our Household for the time being; Charles Duke of Grafton, and the Chamberlain of our Household for the time being; Thomas Duke of Newcastle; Thomas Earl of Westmoreland; James Earl of Berkeley, and our High Admiral and the Principal Commissioner of our Admiralty for the time being; Charles Viscount Townshend, and our Principal Secretaries of State for the time being; Spencer Compton, and the Speaker of our House of Commons for the time being; Robert Walpole, and the Chancellor of our Exchequer and Principal Commissioner of our Treasury for the time being; Robert Raymond, and our Chief Justice appointed for the Pleas to be held in our presence for the time being; Joseph Jekyll, and the Master of the Rolls of our Chancery for the time being; and Robert Eyre, and our Chief Justice of the Common Bench for the time being — being of our Privy Council — or to any three or more of the same, being of our Privy Council, we hereby give and grant full power and authority from time to time to hear and finally to determine all and singular such appeals and to affirm, change or revoke such judgments, decrees, or sentences, and to give and pronounce judgments and sentences finally thereupon, in as ample manner and form as the Commissioners under our Great Seal of Great Britain constituted and appointed by virtue of the Statute made in the twenty-fifth year of the reign of the Lord Henry the Eighth, late King of England, entitled “An Act for the Submission of the Clergy and Restraint of Appeals,” can or ought to proceed in appeals subject to their determination by the statute aforesaid, anything herein contained to the contrary in anything notwithstanding:
7. 7. Commanding, furthermore, and hereby for ourself, our heirs and successors by firm injunction instructing as well all and singular our governors general, judges, and justices, as all and singular rectors, incumbents, ministers, officers, and our subjects whomsoever within the colonies, plantations, and other our dominions aforesaid in America, that they themselves and every of them be assiduous and assisting to you, the foresaid Bishop of London, and to the Commissary or Commissaries aforesaid, in the due execution of the premises in all things, as is fitting.

In [testimony] of which, etc., Witness the King at Westminster on the ninth day of February.

By Writ of Privy Seal

SIR WILLIAM PHIPS’S COMMISSION244 as VICE-ADMIRAL OF THE PROVINCE OF THE MASSACHUSETTS BAY

29 December, 1691

William and Mary by the Grace of God of England, Scotland, France, and Ireland king and Queen, Defenders of the Faith, &c. To our beloved William Phips, Knight, Greeting:

1. 1. To take cognizance of and proceed in whatsoever 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 employed or used within the maritime jurisdiction of our Admiralty of our Province and Territory of Massachusetts Bay in New England, or between any other persons whomsoever, howsoever had, made, begun, or contracted for any thing, matter, cause, or business, or injury 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 such causes, complaints, contracts and other premises abovesaid, or any one of them, may happen to arise, be celebrated, contracted, or done, to hear and determine according to the rights, statutes, ordinances, laws, and customs anciently observed:
2. 2. And moreover in all and singular complaints, contracts, agreements, and causes and businesses civil and maritime, to be performed beyond the sea, or contracted beyond the sea, howsoever arising or happening:
3. 3. And also in other the causes and matters all and singular which in any manner whatsoever touch or in any way concern, or anciently ought to have belonged or ought to belong unto the maritime jurisdiction of our foresaid Admiralty in our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjoining whatsoever:
4. 4. And generally in all and singular other causes, suits, crimes, offences, excesses, injuries, complaints, misdemeanors or suspected misdemeanors, trespasses, regratings, forestallings, and maritime businesses whatsoever, throughout the places aforesaid within the maritime jurisdiction of our Admiralty of our Province and Territory of Massachusetts Bay aforesaid, by sea or water or the banks or shores of the same, howsoever done, committed, perpetrated or arising:
5. 5. And also to inquire by the oath of honest and lawful men of our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjoining whatsoever, wheresoever dwelling, as well within liberties and franchises as without, as well concerning all and singular the things which of right, by the statutes, laws, ordinances, and customs anciently observed, are wont or ought to be inquired after, as concerning wreck of the sea, and concerning all and singular the goods and chattels of whatsoever traitors, pirates, manslayers, and felons, howsoever offending within the maritime jurisdiction of our Admiralty of our Province and Territory of Massachusetts Bay aforesaid, and concerning the goods, debts, and chattels of all and singular their maintainers, accessories, counsellors, abettors or assistants whomsoever:
6. 6. And also concerning the goods, debts, and chattels of whatsoever persons, felons of themselves, and of whatsoever person felon of himself, in whatsoever manner or howsoever coming to their death within our maritime jurisdiction aforesaid, wheresoever such goods, debts, and chattels, or any parcel of the same, by sea, water, or land, in our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and adjacent to the same whatsoever, as well within liberties and franchises as without, shall be found or to be found, forfeited or to be forfeited, or in being, whatsoever [they may be]:
7. 7. And also concerning whatsoever goods, debts, and chattels of whatsoever other persons felons of themselves, and of whatsoever other person felon of himself, found or to be found [or]245 happening within our maritime jurisdiction aforesaid:
8. 8. And, moreover, as well concerning the goods, debts, and chattels of whatsoever other traitors, felons, [and] manslayers, wheresoever offending, and concerning the goods, debts, and chattels of their maintainers, accessories, counsellors, abettors, or assistants, as concerning the goods, debts, and chattels of whatsoever 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:
9. 9. And also concerning goods waving, flotsam, jetsam, lagan, shares, treasure found or to be found, deodands, and concerning the goods of [all] others whomsoever had or to be had as derelict, or by chance found or to be found, or howsoever due or to be due, and concerning all other casualties, as well in, upon, or by the sea and shores, creeks, or coasts of the sea, or maritime parts, as in, upon, or by fresh waters, ports, public rivers, streams, or creeks, or places overflowed whatsoever, within the flowing and ebbing of the sea, or to high-water mark, or upon the shores or banks of any one of the same, within our maritime jurisdiction aforesaid, howsoever, whensoever, or in what manner soever arising, happening, or proceeding, whatsoever [they may be], or wheresoever such goods, debts, and chattels or other the premises or any parcel of the same may be found or shall happen to be met with or to be found within our maritime jurisdiction aforesaid:
10. 10. And further concerning anchorages and lastages or sand ballast of ships, and concerning fishes royal (to wit, sturgeons, baleens, whales, porpoises, dolphins, rigs, and grampuses) and generally concerning all other fishes whatsoever having in themselves great or huge bulk or fatness, anciently by right or custom to us in any manner soever appertaining or belonging or in any way customary:
11. 11. And to ask, require, levy, take, collect, receive, and obtain, and to the use of us and the office of our foresaid High Admiral of England for the time being to keep and preserve the same wreck of the sea and goods, debts, and chattels and all and singular the other premises, together with all and all manner of fines, mulcts, issues, forfeitures, amercements, ransoms, and recognizances whatsoever, forfeited or to be forfeited, and pecuniary punishments for trespasses, crimes, injuries, extortions, contempts, and [all] other misdemeanors whatsoever, or for any thing, matter, or cause whatsoever, howsoever imposed or inflicted, to be imposed or inflicted, in our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjoining whatsoever, in any court of our Admiralty there held or to be held, presented or to be presented, assessed, brought, forfeited, or adjudged, and also together with [all] amercements, issues, fines, perquisites, mulcts, and pecuniary punishments whatsoever, and forfeitures of [all] recognizances whatsoever before you or your lieutenant, deputy, or deputies in our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, to be heard and determined, assigned or to be assigned,246 happening, or imposed or to be imposed or inflicted or in any manner to be assessed, brought, forfeited, or adjudged or in any manner by reason of the premises due or to be due howsoever in that behalf to us or our heirs or successors:
12. 12. And further to take all manner of recognizances, cautions, obligations, and stipulations, as well to our use as at the instance of whatsoever parties, for agreements or debts and other causes whatsoever, and to put them in execution and to cause and command them to be executed:
13. 13. And also to arrest actually and cause and command to be arrested, according to the civil and maritime laws and customs anciently used, ships, persons, things, goods, wares, and merchandises whatsoever, for the premises and every of them and for [all] other causes whatsoever concerning them,247 wheresoever they shall be met with or found throughout our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjoining whatsoever, within liberties or franchises or without, and also for [all] other agreements, causes, or debts whatsoever, howsoever contracted or arising, provided that the goods or 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 and maritime, and complaints, contracts, and all and every the other premises whatsoever above respectively expressed, according to the laws and customs aforesaid and by other lawful ways, manners, and means according to the best of your knowledge and ability:
14. 14. And to compel all manner of persons in that behalf, as the case shall require, to appear and to answer, with power of any temporal coercion whatsoever and of other penalty and mulct according to the laws and customs aforesaid, and to do and administer justice, preserving the regular order of law, or248 to proceed openly and plainly, without judicial technicalities and formalities, looking only into the truth of the fact and thing249 and to fine, correct, punish, chastise, and reform, and imprison and cause and command to be imprisoned in any jails being within our said Province and Territory of Massachusetts Bay aforesaid, the parties guilty and the contemners and violators of the law or jurisdiction of our Admiralty aforesaid, usurpers, delinquents, and contumacious absenters, masters of ships, mariners, rowers, fishermen, shipwrights, and other workmen and artificers whatsoever exercising any kind of maritime affairs, according to the rights, statutes, laws, ordinances, and customs anciently observed, and to deliver and absolutely to discharge and cause and command to be discharged whatsoever persons imprisoned in that behalf are to be delivered:
15. 15. And [to preserve and cause to be preserved]250 the public rivers, ports, streams, and fresh waters and creeks whatsoever within our maritime jurisdiction aforesaid wheresoever they are in being in our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, for the preservation as well of our fleet and251 of the fleets and vessels of our kingdoms and dominions aforesaid, as of whatsoever fishes increasing in the same rivers and the places aforesaid:
16. 16. And also to keep and cause to be executed and kept, in our said Province and Territory of Massachusetts Bay and maritime parts of the same and to the same adjacent whatsoever, the rights, statutes, laws, ordinances, and customs anciently observed, and to do, exercise, expedite, and execute all and singular other things in the premises and every of them as they by right and according to the laws and statutes, ordinances, and customs aforesaid should be done:
17. 17. And moreover to punish, correct, and reform nets too close and other unlawful contrivances or instruments whatsoever for the catching of fishes wheresoever, by sea or public rivers, ports, streams, fresh waters or creeks whatsoever throughout our Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, used or exercised by water within our jurisdiction aforesaid wheresoever, and the exercisers and occupiers of the same, according to the rights, statutes, laws, ordinances, and customs aforesaid, and to pronounce, promulgate, and interpose all manner of sentences and decrees and to put them in execution, with cognizance and jurisdiction of whatsoever other causes civil and maritime relate to the sea, or in any manner of ways concern or respect the sea or transit252 or passage of the sea or naval or maritime voyage or our maritime jurisdiction aforementioned or the places or limits of our Admiralty aforesaid and cognizance aforementioned and [all] other things whatsoever, done or to be done, with power also to proceed in the same according to the rights, statutes, laws, ordinances, and customs aforesaid anciently used, as well of mere office, mixed or promoted,253 as at the instance of any party, as the case shall require and it shall seem expedient:
18. 18. And also with cognizance and decision concerning wreck of the sea, great or small, and concerning the death, drowning, and view of dead bodies of [all] persons whomsoever, in the sea or public rivers, ports, fresh waters, or creeks whatsoever, within the flowing of the sea and to high-water mark, throughout our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, or elsewhere within our jurisdiction aforesaid, howsoever killed or drowned or to be killed or drowned or murdered or to be murdered or in any other way coming to their death there:
19. 19. Together with the cognizance of mayhem in the places aforesaid within our maritime jurisdiction aforesaid and flowing of the sea and water, there happening,254 with power also of punishing [all] delinquents in that kind whomsoever according to the exigency of the law and according to the customs aforesaid, and to do, exercise, expedite, and execute all and singular the other things which in the premises only, and about them, shall be necessary or in any way soever fitting by and according to the rights and statutes, laws, ordinances, and customs aforesaid:
20. 20. To you, in whose fidelity and care of circumspection255 we confide very much in this behalf, we do by [these] presents commit and grant our place and authority in and throughout our Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, and also throughout all and every the shores of the sea, and public rivers, ports, fresh waters, streams, creeks, and arms as well of the sea as of rivers, and coasts whatsoever of our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, within liberties and franchises and without, with power of deputing and surrogating in your place in the premises one or more others as deputy or deputies as often as shall seem to you fitting, and also with power from time to time of naming, appointing, ordaining, assigning, making, and constituting whatsoever other necessary, fit, and convenient officers and ministers (judge, register, and marshal excepted) under you for the said office and execution of the same in our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, saving always the right of the High Court of our Admiralty of England and also of the Judge and Register of the same Court, from whom and either of them we should be unwilling in anything to derogate by [these] presents, and saving the right of every one wronged and grieved by any definitive sentence or interlocutory decree which shall be given in the Court of Vice-Admiralty of our Province and Territory of Massachusetts Bay aforesaid, to appeal to the aforesaid High Court of Admiralty of England:
21. 21. And you, the foresaid William Phips, Knight, we ordain, appoint, and depute by these presents (which are to continue during our good pleasure only)256 our Vice-Admiral, Commissary, and Deputy in the office of Vice-Admiralty in our Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjoining whatsoever, together with all and every the fees, profits, advantages, emoluments, commodities, and appurtenances whatsoever due and belonging to the same office of Vice-Admiral, Commissary, and Deputy in our said Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjacent whatsoever, according to the ordinances and statutes of the High Court of our Admiralty of England aforesaid:
22. 22. Always provided, nevertheless, and under this law and condition, that if you, the foresaid William Phips shall not yearly (to wit, at the end of every year between the Feasts of Saint Michael the Archangel and All Saints) duly certify and cause to be effectually certified to us and our Lieutenant of the High Court of our Admiralty of England and in the said court both official principal and Commissary General and Special, and President and Judge of the same Court,257 concerning all that which from time to time by virtue of [these] presents you shall do and execute, collect, or receive in the premises or any one of the premises, together with your full and faithful account thereupon to be made under authentic form and to be sealed with the seal of our office, remaining in your custody, — from thence and after such default in that kind, our letters patent of the office of Vice-Admiral aforesaid, to you (as is aforesaid) granted, shall be null and void and of no force or effect:
23. 23. Commanding all and singular our governors, justices, mayors, sheriffs, captains, marshals, bailiffs, and keepers of [all] our jails and prisons whatsoever, and constables and all other our officers and faithful subjects and lieges whatsoever, and every of them, as well within liberties and franchises as without, that, about the execution of the premises and of every of them, they be assiduous, favoring, assisting, submissive, and obedient in all things, in such a manner as is fitting, to you and to your deputy whomsoever and to other officers (by you appointed or to be appointed) of our said Vice-Admiralty in our Province and Territory of Massachusetts Bay aforesaid and maritime parts of the same and to the same adjoining whatsoever, under pain of the law and the peril falling thereon.

Given at London in the High Court of our Admiralty of England under the great seal of the same on the twenty-ninth day of the month of December in the Year of our Lord 1691 and of our Reign the third.

SIR EDMUND ANDROS’S SECOND COMMISSION242 as VICE-ADMIRAL OF NEW ENGLAND

30 April, 1688

James king.

James the Second by the Grace of God of England, Scotland, France, and Ireland king, Defender of the Faith, &c.

Inasmuch as the office of Lord High Admiral, formerly to us by the Most Serene King Charles the Second, our most dear brother, by his letters patent under the great seal of England granted, still remains in our royal person from divers causes us in that behalf specially moving, — to our beloved Edmund Andros, Knight, Greeting:

To take cognizance of and proceed in whatsoever causes civil and maritime, and in complaints, contracts, offences or suspected offences, crimes, pleas, debts, exchanges, accounts, charter parties, agreements, suits, trespasses, injuries, extortions, demands, and businesses civil and maritime, commenced or to be commenced, whatsoever, between merchants or between owners and proprietors of ships and all other vessels and merchants, or others whomsoever, with such owners and proprietors of ships and all other vessels whatsoever employed or used within the jurisdiction of our Admiralty of our Colonies of Massachusetts Bay and New Plymouth, of our Provinces of New Hampshire and Maine, of our Country of Narranganset, or of our Province of New York and East and West Cæsarea, and of the whole tract of land, circuit, continent, borders, and limits in America, being in latitude from forty243 degrees of latitude north of the Equator to the River of St. Croix on the east, and thence directly toward the north to the River of Canada, and in longitude throughout the whole latitude aforesaid into and through the continent from the sea and the Atlantic or Western Ocean on the east to the South Sea on the west, together with all the islands, seas, rivers, waters, rights, members, and appurtenances whatsoever belonging to the same (our Province of Pennsylvania and our Country of Delaware alone excepted), to be named and known (as heretofore) by the name and title of the Territory and Dominion of New England in America, or between whatsoever other persons, had, made, begun, or contracted for any thing, matter, cause, or business, or injury whatsoever, done or to be done as well in, upon, or by the sea or public rivers, or fresh waters, ports, streams, or creeks and places overflowed whatsoever within the flowing and ebbing of the sea and to high-water mark, or upon the shores or banks whatsoever adjacent to the same or to any one of them, from whatsoever first bridges toward the sea, throughout our Colony of New England and the parts aforesaid respectively, or elsewhere beyond the sea or in whatsoever parts beyond the sea, together with all and singular their incidents, emergencies, dependencies, annexed and connexed causes and businesses whatsoever, wheresoever or howsoever such causes and complaints, contracts and other premises abovesaid, or any one of them, may happen to arise, be celebrated, contracted, or done, to hear and determine according to the laws civil and maritime and the customs received in the Principal Court of our Admiralty of the Colony of New England and the parts aforesaid and every of them, and moreover, &c.

Given in our palace of Whitehall under our seal of Admiralty, representing an anchor, which we use in this behalf, on the 30th day of April in the Year of our Reign the fourth and the Year of our Lord 1688.

By Command of the Most Serene Lord the King

S. PEPYS

JOSEPH DUDLEY’S COMMISSION240 as VICE-ADMIRAL OF THE COLONY OF NEW ENGLAND

13 November, 1685

J. R.

James the Second, by the Grace of God of England, Scotland, France, and Ireland king, Defender of the Faith, &c.

Inasmuch as the office of Lord High Admiral of New England and other maritime places, formerly to us by the Most Serene King Charles the Second, our most dear brother, by his letters patent under the great seal of England granted, still remains in our royal person from divers causes us in that behalf specially moving, — to our beloved Joseph Dudley, Gentleman, Greeting:

To take cognizance of and proceed in whatsoever causes civil and maritime, and complaints, contracts, offences or suspected offences, crimes, pleas, debts, exchanges, accounts, charter parties, agreements, suits, trespasses, injuries, extortions, demands, and business civil [and] maritime, commenced or to be commenced, whatsoever, between merchants or between owners and proprietors of ships and all other vessels and merchants, or others whomsoever, with such owners and proprietors of ships and all other vessels whatsoever occupied or used within the jurisdiction of our Admiralty of our Colony of New England and maritime parts to the same adjoining, that is, from New York and Long Island toward the south and southwest to forty241 degrees of North Latitude, or between whatsoever other persons, etc.

LORD WILLOUGHBY’S COMMISSION as VICE-ADMIRAL OF BARBADOS, ETC.

26 January, 1666–7

James, Duke of York and Albany, Earl of Ulster, Constable of the Castle of Dover, Lord Warden of the Cinque Ports, Governor of the Town of Portsmouth, Knight of the Illustrious Order of the Garter, Lord High Admiral of England and Ireland and Wales and of the dominions and islands of the same, Captain General of the Town of Calais or the Marches of the same, of Normandy, Gascony, and Aquitaine, and of the fleet and seas of the said Kingdoms of England and Ireland, and likewise Lord High Admiral of the dominions of New England, Jamaica, Virginia, Barbados, Saint Christopher, [and] Antigua, in America, of Guinea, Benin,216 and Angola in Africa, of Tangia or Tangiers, a province of the Kingdom of Fez in Africa aforesaid, and of the islands and dominions of the same, and of all and singular other dominions whatsoever in parts beyond the sea unto our Most Serene Lord and brother Charles the Second, by the Grace of God King of Great Britain, France, and Ireland, etc., belonging, and Captain General of the fleets and seas of the said places, — to our beloved William Baron Willoughby of Parham, Captain General and Governor in Chief of the Island of Barbadoes and of the other Caribbee Islands, etc., Greeting:

1. 1. To take cognizance of and proceed in whatsoever causes civil and maritime, and in complaints, contracts, offences or suspected offences, crimes, pleas, debts, exchanges, accounts, charter parties, agreements, suits, trespasses, injuries, extortions, demands, or businesses civil and maritime whatsoever, commenced or to be commenced between merchants, or between owners and proprietors of ships and all other vessels and merchants, or others whomsoever with such owners and proprietors of ships and all other vessels whatsoever employed and used within the jurisdiction of our Most Serene Lord the King his Admiralty of Barbados and the other Caribbee Islands and of all and singular other islands, colonies, and plantations belonging to our Most Serene Lord the King lying between ten and twenty degrees of North Latitude and extending toward the East from the Island of Saint John of Portorico to three hundred and twenty-seven degrees, or of whatsoever parts of islands and places adjacent to the same, or between any other persons whomsoever had, made, begun, or contracted for any thing, matter, cause, or business, or injury whatsoever, done or to be done as well in, upon, or by the sea or public rivers, fresh waters, ports, streams, or creeks, and places overflowed whatsoever within the flowing and ebbing of the sea and to high-water mark, or upon the shores or banks whatsoever adjacent to the same or to any one of them from whatsoever first bridges toward the sea, throughout217 the Island of Barbados and the other places aforesaid or the dominions of the same or elsewhere beyond the sea or in whatsoever parts beyond the sea, together with all and singular their incidents, emergencies, dependencies, annexed and connexed causes and businesses whatsoever, [wheresoever]218 or howsoever such causes and complaintst contracts and other premises abovesaid, or any one of them, may happen to arise, be celebrated, contracted, or done, to hear and determine according to the laws civil and maritime and the customs received in the Principal Court of our foresaid Lord the King his Admiralty of Barbados and of the other places aforesaid and in whatsoever maritime parts of them and adjacent to every of them:
2. 2. And moreover in all and singular complaints, contracts, agreements, and causes and businesses civil and maritime to be performed or contracted beyond the sea or to be fulfilled in the foresaid Island of Barbados and the places aforesaid or the adjacent island parts of the same, howsoever arising or happening:
3. 3. And also in the other causes and matters all and singular which in any manner whatsoever touch or in any way concern, or by right ought to have belonged or ought to belong unto the maritime jurisdiction of our foresaid Lord the King his Admiralty aforesaid in the foresaid Island of Barbados and the other places aforesaid and the insular parts to the same adjacent whatsoever:
4. 4. And generally in all and singular other causes, suits, crimes, offences, excesses, complaints, injuries, misdemeanors or suspected misdemeanors, regratings, forestallings, and maritime businesses whatsoever throughout the places aforesaid within the maritime jurisdiction of our foresaid Lord the King his Admiralty of Barbados and of other places aforesaid, by sea or water or the banks or shores of the same, howsoever done, committed, perpetrated, or arising:
5. 5. And also to inquire by the oath of honest and lawful men of the said Island of Barbados and other places aforesaid and the beyond-sea and insular parts of the same and to every of the same adjoining, wheresoever dwelling, as well within liberties and franchises as without, as well concerning all and singular the things [which]219 of right by the statutes, ordinances, and customs of the foresaid Principal Court of Admiralty ought to be inquired after, as concerning wreck of the sea and concerning all and singular the goods and chattels of whatsoever traitors, pirates, manslayers, and felons, howsoever offending within the maritime jurisdiction of our foresaid Lord the King his Admiralty aforesaid, and concerning the goods, debts, and chattels of all and singular their maintainers, accessories, counsellors, abettors, or assistants whomsoever:
6. 6. And also concerning the goods, debts, and chattels of whatsoever other persons felons of themselves, and of whatsoever person felon of himself, in whatsoever manner or howsoever coming to their death within the maritime jurisdiction aforesaid, wheresoever such goods, debts, and chattels or any parcel of the same, by sea, water, or land in the said Island of Barbados and other places aforesaid and maritime parts of the same and to every of them adjoining whatsoever, as well within liberties and franchises as without, shall be found or to be found, forfeited or to be forfeited, or in being, whatsoever [they may be]:
7. 7. And also concerning whatsoever goods, debts, and chattels of whatsoever other persons felons of themselves, and of whatsoever other [person] felon of himself, found or to be found or happening within the maritime jurisdiction aforesaid:
8. 8. And moreover as well concerning the goods, debts, and chattels of whatsoever other traitors, felons, and manslayers, wheresoever offending within the jurisdiction aforesaid, and concerning the goods, debts, and chattels of their maintainers, accessories, counsellors, abettors, or assistants,220 and concerning the goods, debts, and chattels of whatsoever fugitives, persons attainted, convicted, outlawed, or howsoever put or to be put in exigent for treason, felony, manslaughter, or murder, or any other offence whatsoever, or crime
9. 9. And also concerning goods waving, flotsam, jetsam, lagan, shares, treasure found or to be found, deodands, and concerning the goods of [all] others whomsoever had or to be had as derelict or by chance found221 or to be found, or howsoever due or to be due, and concerning all other casualties, as well in, upon, or by the sea and shores, creeks, or coasts of the sea, or maritime parts, as in, upon, or by fresh waters, ports, public rivers, streams, or creeks whatsoever, or places overflowed within the flowing and ebbing of the sea, or to high-water mark, or upon the shores or banks of any one of the same, from whatsoever first bridges toward the sea, howsoever, whensoever, or in what manner soever arising, happening, or proceeding, whatsoever [they may be], or wheresoever the goods, debts, chattels, or other the premises or any parcel of the same may be found or shall happen to be found within the maritime jurisdiction of the Island of Barbados and of other places aforesaid or insular parts aforesaid adjoining to the same:
10. 10. And further concerning anchorages and lastages or sand ballast of ships, and concerning fishes royal (to wit, sturgeons, baleens,222 whales, porpoises, dolphins, rigs, and grampuses) and generally concerning particular fishes whatsoever having in themselves great or huge bulk or fatness by right or custom to our abovesaid Lord the King in the said office of his Admiralty of Barbados aforesaid and of other places aforesaid appertaining or in any way belonging:
11. 11. To ask, require, levy, take, collect, receive, and obtain, and to the use of [our] foresaid Lord the King and of the office of his High Admiral aforesaid for the time being to keep and preserve the same wreck of the sea and goods, debts, and chattels and all and singular other the premises, together with all and all manner of fines, mulcts, issues, forfeitures, amercements, ransoms, and recognizances whatsoever, forfeited223 or to be forfeited, and pecuniary punishments for trespasses, crimes, injuries, extortions, contempts, and other misdemeanors whatsoever, or for any other thing, matter, or cause whatsoever imposed or inflicted, to be imposed or inflicted, — howsoever, in the said Island of Barbados and other islands, colonies, and plantations aforesaid or maritime parts of the same and to every of them adjacent whatsoever, presented or to be presented, assessed, brought, forfeited, or adjudged in the Court of Admiralty of Barbados and of other places aforesaid held or to be held, and also together with [all] amercements, issues, fines, perquisites, mulcts, and pecuniary punishments whatsoever and forfeitures of [all] recognizances whatsoever before you or your deputy or deputies or other justices of our foresaid Lord the King or his heirs and successors their Admiralty of Barbados aforesaid and of other places aforesaid, or before three of the same, appointed or to be appointed by commissional letters patent of our said Lord the King, his heirs or successors, according to the statutes thereupon made and provided and the customs received in the Principal Court of our said Lord the King his Admiralty aforesaid made224 and to be made under the Great Seal of England, for225 hearing and determining (in the said Island of Barbados and other places aforesaid and maritime parts of the same or to any of them adjacent whatsoever) all and singular treasons, robberies, felonies, murders, manslaughters, confederacies, and other offences, trespasses, contempts, misprisions, spoils, and misdemeanors committed or to be committed within the maritime jurisdiction aforesaid, happening,226 imposed or to be imposed or to be inflicted or in any other manner by reason of the premises howsoever due or to be due to our Lord the King or his heirs or successors:
12. 12. And further to take all manner of recognizances, cautions, obligations, and stipulations, as well to the use of our foresaid Lord the King as to our use, or at the instance of whatsoever parties, for agreements or debts and other causes whatsoever, and to put them in execution and to cause and command them to be executed:
13. 13. And also actually to arrest or cause and command to be arrested, according to the civil and maritime laws and the customs received and used in the Court of Admiralty of our Lord the King, ships, persons, things, goods, wares and merchandises whatsoever, for the premises and every of them and for [all] other causes whatsoever concerning them,227 wheresoever they shall be met with or found in the said Island of Barbados and other places aforesaid or maritime parts of the same or to every of them adjoining whatsoever, within liberties and franchises or without, and also for [all] other agreements, causes, or offences whatsoever, howsoever contracted or arising, provided that the goods and persons of the debtors may be found within the 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 and maritime and complaints, contracts, and all and every the other premises whatsoever above respectively expressed, according to the laws and customs aforesaid and by other lawful ways, manners, and means according to the best of your knowledge and ability:
14. 14. And to compel all manner of persons in that behalf, as the case shall require, to answer, with power of any temporal coercion and of any other penalty and mulct, according to the laws and customs aforesaid, in order to do and administer justice, and also to proceed, not observing the regular order of law, or openly and plainly, without judicial technicalities and formalities, looking only into the truth of the fact and thing,228 and to fine, correct, punish, chastise, and reform, imprison and cause and command to be imprisoned in any jails being229 within the Island of Barbados and other places aforesaid and maritime places of the same or to every of them adjacent, the parties guilty and contemners and violators of the law or jurisdiction of our foresaid Lord the King his Admiralty of Barbados and other places aforesaid, usurpers, delinquents, and contumacious absenters, masters of ships, mariners, rowers, fishermen, shipwrights, and other workmen and artificers whatsoever exercising any kind of maritime affairs, as well according to the said civil and maritime laws and the customs and ordinances aforesaid and their demerits as according to the laws and in conformity with the statutes and ordinances of our above-said Lord the King and of his kingdom of England aforesaid in that behalf made and provided and by the power to us in this behalf granted, and to deliver and absolutely discharge and cause and command to be discharged whatsover persons imprisoned in that behalf are to be discharged:
15. 15. And [to preserve and cause to be preserved]230 the public rivers, ports, streams, and fresh waters and creeks whatsoever within the maritime jurisdiction aforesaid, wheresoever they are in the foresaid Island of Barbados and other places aforesaid and maritime parts of the same and to every of them adjacent whatsoever, for the preservation as well of the fleet of his Royal Majesty and of the fleets and vessels of his kingdoms and dominions as of whatsoever fishes increasing in the same rivers and places aforesaid:
16. 16. And also to keep and cause and command to be executed and kept, in the said Island of Barbados and other islands, colonies, and plantations aforesaid and maritime and insular parts of the same and to every of them adjacent whatsoever, the ordinances and statutes whatsoever of our foresaid Lord the King and of his kingdom of England aforesaid in that behalf made and provided, in conformity with and according to the power to us in that behalf granted,231 and to do, exercise, expedite, and execute all and singular other things in the premises and in every of them, as they by right and according to the laws, statutes, and ordinances aforesaid should be done:
17. 17. And moreover to punish, correct, and reform nets too close and other unlawful contrivances or instruments whatsoever for the catching of fishes wheresoever, by sea or public rivers, ports, streams, fresh waters, or creeks, throughout the foresaid Island of Barbados and other places aforesaid and maritime parts of the same or to any of the same adjacent whatsoever, used or exercised by water within the jurisdiction aforesaid wheresoever, and the exercisers or occupiers of them, according to the said statutes and ordinances of our foresaid Lord the King and of his kingdom of England aforesaid to the contrary made and provided, and to pronounce, promulgate, and interpose all manner of sentences and decrees and to put them232 in execution, with cognizance and jurisdiction of whatsoever other causes civil and maritime relate to the sea or in any manner of ways concern or respect the transit or passage of the sea, or naval or maritime voyage, or the maritime jurisdiction abovesaid, or the places or limits of the foresaid Admiralty of our Lord the King aforesaid and233 cognizance aforementioned, and [all] other things whatsoever done or to be done, with power also to proceed in the same according to the civil and maritime laws and the customs received and used in the court aforesaid, as well of mere office, mixed and promoted,234 as at the instance of any party, as the case shall require235 and it shall seem expedient:
18. 18. Also with cognizance and decision concerning wreck of the sea, great or small, and concerning the death, drowning, and view of dead bodies of [all] persons whatsoever, howsoever killed or drowned or to be killed or drowned, or murdered or to be murdered, or in any other manner coming to their death in the sea or public rivers, ports, fresh waters, or creeks whatsoever within the flowing and ebbing of the sea and to high water mark [throughout]236 the foresaid Island of Barbados and other places aforesaid and maritime parts of the same and to any one of them adjacent whatsoever, or elsewhere within the jurisdiction aforesaid, also together with the keeping and preserving of the statutes of this Kingdom of England concerning wreck of the sea and concerning the office of coroner in the third and fourth years of Edward the First, and of the statute concerning goods robbed on the sea, etc., in the twenty-seventh year of Edward the Third, sometime Kings of England, respectively made and provided:237
19. 19. And together with the cognizance of mayhem in the places aforesaid within the jurisdiction and the flowing and ebbing of the sea and water, there happening,238 with power also of punishing [all] delinquents in that kind whomsoever according to the exigency of the law and the custom of our Principal Court of Admiralty aforesaid, and to do, exercise, and execute all and singular the other things which in the premises only and about them shall be necessary or in any way soever fitting, by and according to the laws civil and maritime and the statutes and ordinances aforesaid and the style, manner, and custom of the Principal Court of our foresaid Lord the King his Admiralty of Barbados and of other places aforesaid, and according to the tenor of the letters patent of our foresaid Lord the King to us thereupon granted, so far as they concern the office of Vice-Admiral and not otherwise (of which letters patent a copy is annexed to [these] presents):
20. 20. To you, in whose fidelity and circumspection [and] zeal we confide very much in this behalf, we do commit by [these] presents and grant our place and authority in the said Island of Barbados and in other islands, colonies, and plantations aforesaid and maritime and insular parts of the same and to every of them adjacent whatsoever, and also throughout all and every the shores of the sea, public rivers, ports, streams, fresh waters, creeks, and arms as well of the sea as of rivers, and coasts whatsoever, of the same Island of Barbados and of other places aforesaid and maritime and insular parts of the same and to every of the same adjacent whatsoever, within liberties and franchises and without, with power of deputing and surrogating in your place in the premises one or more others as deputy or deputies as often as shall seem to you fitting, and also with power from time to time of naming, appointing, ordaining, assigning, and constituting whatsoever necessary, fit, and convenient officers and ministers (judge, register, and marshal always excepted) under you for the said office and exercise of the same in the said Island of Barbados and in other places aforesaid and maritime and insular parts of the same and to every of the same adjacent whatsoever, saving always our right of supreme admiralty of the said Island of Barbados and of other islands, colonies, and plantations aforesaid, from which we do not wish in anything to derogate by [these] presents, and saving the right of every one who shall be wronged or grieved by any definitive sentence or interlocutory decree in the Court of Admiralty aforesaid, to appeal to us or our Lieutenant, the Commissary General or Special239 by us constituted or to be constituted:
21. 21. And you, the foresaid William Baron Willoughby, we do by these presents, which are to continue during our good pleasure only, ordain, appoint, and depute our Vice-Admiral, Commissary, and Deputy in the office of Vice-Admiralty in and throughout the whole Island of Barbados and other islands, colonies, and plantations aforesaid and maritime and insular parts of the same and to every of them adjacent whatsoever, and also together with all and every the fees, profits, advantages, emoluments, commodities, and appurtenances whatsoever due and belonging to the same office of
22. Vice-Admiral, Commissary, or Deputy in the said Island of Barbados and other places aforesaid and maritime and insular parts of the same and to every of them adjacent whatsoever, according to the ordinances and statutes of the said High Court of our Lord the King his Admiralty of England:
23. 22. Always provided, nevertheless, and under this stipulation and condition, that if you, the foresaid William Baron Willoughby, shall not yearly (to wit, at the end of every year between the feasts of Saint Michael the Archangel and All Saints or thereabout and as speedily as by reason of the distance of place and the uncertainty of the sea and winds it may conveniently be done) duly certify and cause to be effectually certified to us or our Lieutenant and our Commissary General or Special, by us appointed or to be appointed, concerning 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 the premises, with your full and faithful account thereupon to be made under authentic form and to be sealed with the seal of the office aforesaid remaining in your custody, — from thence and after such default in that kind, our letters patent of the office of Vice-Admiralty to you (as is aforesaid) granted shall be null and void and of no force or effect:
24. 23. Commanding further (on behalf of our Most Serene Lord the King and by his authority to us by his Highness in the premises for the due execution of the same granted) all and singular his governors, justices, mayors, sheriffs, captains, marshals, bailiffs, and keepers of [all] jails and prisons whatsoever of our said Lord the King, or constables and all other his officers and faithful subjects and lieges whomsoever, and every of them, as well within liberties and franchises as without, that, about the execution of the premises and of every of them, they be assiduous, favoring, assisting, submissive and, in such manner as is fitting, obedient in all things to you and to your deputy whomsoever and other officers (by you appointed or to be appointed) of our said Lord the King his Admiralty in the said Island of Barbados and other places aforesaid and maritime and insular parts of the same and to every of them adjacent whatsoever, under pain of contempt of the letters patent of our Lord the King himself and of his Royal Majesty and of the premises all and singular to us by the same letters patent made and granted and under the peril falling thereon.

Given at Whitehall under our seal of Admiralty, representing an anchor, which we use in this behalf, on the 26th day of January in the year of our Lord one thousand, six hundred and sixty-six and in the year of the reign of our Most Serene Lord Charles the Second, by the Grace of God King of Great Britain, France, and Ireland, Defender of the Faith, etc., the eighteenth.

JAMES

By command of his Royal Highness

William Coventry

BISHOP GIBSON’S SECOND COMMISSION

29 April, 1728

Rex &c. Reverendo in Christo Patri Edmundo permissione Divina Episcopo Londinensi Salutem Cum Colonie plantaciones ceteraque Dominia Nostra in America nondum divisa vel formata neque alicui Diecesi infra Regnum nostrum Magne Britannie annexa existant Racione cuius Jurisdiccio in Causis Ecclesiasticis in illis vel eorum aliquo orientibus Nobis vt Supremo Ecclesie in terris Capiti solummodo spectat ac Nobis necessaium visum sit ut deinceps Jurisdiccio Spiritualis et Eccl[es]iastica in Regionibus illis in Casibus inferius in his presentibus mencionatis Authoritate Nostra Regia secundum leges et Canones Eccl[es]ie Anglicane infra Angliam legitime receptos et sancitos instituatur et excerceatur qua sincerus Dei Cultus Religionisque Christiane Pura Professio melius promoveatur Cumque Regalis Pater Noster Georgius primus nuper Rex Magne Britannie &c. per literas suas Patentes sub Magno Sigillo suo Magne Britannie confectas gerentes Datam apud Westmonasterium nono die Februarij Anno Regni sui decimo tertio Dederit et Concesserit tibi prefato Episcopo Londinensi Plenam Potestatem et Authoritatem per te vel per sufficientem Commissarium tuum vel Commissarios tuos sufficientes per te Substituendos et nominandos exercendi Jurisdiccionem Spiritualem et Eccl[es]iasticam in respectivis Colonijs Plantacionibus ceterisque Dominijs suis in Americe durante Beneplacito dicti nuper Regis prout per easdem literas Patentes (relacione indehabita) plenius liquet et apparet Sciatis modo quod Nos Revocavimus et Determinavimus ac per presentes Revocamus et Determinamus dictas recitatas literas Patentes ac omnia et singula in eisdem contenta Et vlterius Sciatis quod Nos de vestris Sincera Religione et Doctrina ac Morum probitate et in rebus gerendis provida Circumspeccione et Industria plurimum in hac parte Confidentes de Gratia nostra speciali ac ex certa Scientia et mero motu Nostris Dedimus et Concessimus ac per presentes Damus et Concedimus tibi prefato Episcopo Londinensi plenam Potestatem et Authoritatem per te vel per sufficientem Commissarium tuum sive Commissarios tuos sufficientes per te Substituendos et Nominandos exercendi Jurisdiccionem Spiritualem et Eccl[es]iasticam in Respectivis Colonijs Plantacionibus ceterisque Dominijs Nostris in America secundum leges et Canones Ecclesie Anglicane infra Angliam legitime receptos et sancitos in Specialibus Causis et Materijs inferius in his presentibus expressis et specificatis Ac pro Declaracione Regalis voluntatis Nostre quoad speciales Causas et materias in quibus Jurisdiccionem antedictam virtute huius Commissionis nostre exerceri volumus Dedimus vlterius et Concessimus Ac [per] presentes Damus et Concedimus tibi prefato Episcopo Londinensi plenam Potestatem et Authoritatem per te vel per sufficientem Commissarium tuum sive Commissarios tuos sufficientes per te Substituendos et Nominandos visitandi Omnes Ecclesias in Colonijs Plantacionibus ceter[i]sque Dominijs Nostris predictis in America in quibus Divinum Servitium iuxta Ritus et liturgiam Ecclesie Anglicane celebratum fuerit ac omnes Ecclesiarum [predictarum] Rectores Curatos Ministros et Incumbentes sive alio quocunque nomine vocatos ac omnes Presbyteros et Diaconos in Sacris Ordinibus Ecclesie Anglicane constitutos cum omni et omnimoda Jurisdiccione Potestate et Coercione Eccl[es]iastica quoad premissa requisita et ad dies horas et loca competentia quecunque quoties et quandocunque tibi sive Commissario vel Commissarijs predictis magis congrua et opportuna videbuntur predictos Rectores Curatos Ministros Incumbentes Presbyteros vel Diaconos in Sacris Ordinibus Ecclesie Anglicane constitutos aut aliquem vel aliquos eorum et non alias quascunque personas coram te vel Co[m]missario sive Commissarijs predictis evocandi et per Testes per te sive Co[m]missarium vel Commissarios predictos in debita Juris forma iurandos alijsque vijs et modis legitimis quibus de Jure melius et Efficacius id fieri possit inquirendi de moribus eorundem secundum leges et Canones Ecclesie Anglicane pertinentibus peragend’212 ac etiam quecunque Juramenta licita in Curijs Eccl[es]iasticis consueta Ministrandi ac Corrigendi et puniendi predictos Rectores Ministros Incumbentes Presbyteros et Diaconos in Sacris Ordinibus Ecclesie Anglicane constitutos iuxta eorum Demerite sive per Amocionein Suspencionem Exco[m]municacionem vel aliud quodcunque Genus Censurarum Eccl[es]iasticarum aut Correccionum debitarum iuxta Canones et leges Eccl[es]iasticas predictas Et vlterius de vberiori Gratia nostra Dedimus et Concessimus Ac per presentes Damus et Concedimus tibi prefato Episeopo Londinensi plenam potestatem et authoritatem de tempore in tempus No[m]i[n]andi et Substituendi sub manu tua et Sigillo tuo Episcopali Commissarios sufficientes ad omnia et singula premissa in separalibus et respectivis Colonijs Plantacionibus et Dominijs predictis in America iuxta tenorem et veram Intencionem huius Co[m]missionis nostre exercenda et exequenda cum effectu et tales Commissarios amo[v]endi et mutandi de tempore in tempus prout tibi expediens videbitur Habendum et gaudendum omnes et singulas Potestates et Authoritates ante dictas tibi prefato Episcopo Londinensi Quamdiu Nobis Pla[c]uerit Volumus tamen ac per presentes Declaramus et Ordinamus quod bene liceat et licebit alicui personae sive aliquibus personis quibuscunque in quam vel in quas aliquod Judicium Decretum sive Sententia virtute huius Commissionis Nostre datum sive pronuntiatum fuerit appellare a tali Judicio Decreto sive Sententia ad predilectos et perquam Fideles Consiliarios Nostras Reverendissimum in Christo Patrem Gulielmum Archiepiscopum Cantuariensem et Archiepiscopum Cantuariensem pro tempore existentem Petrum Dominum King Baronem de Ockham Cancellarium Nostrum Magne Britannie et Cancellarium Nostrum Magne Britannie vel Magni nostri Sigilli Magne Britannie Custodem pro tempore existentem Reverendissimum in Christo Patrem Lancellottum Archiepiscopum Eboracensem ac Archiepiscopum Eboracensem pro tempore existentem Summum Thesaurarium Nostrum Magne Britannie pro tempore existentem Willelmum Ducem Devonie Consilij nostri Privati Presidem ac Consilij Privati Nostri Presidem pro tempore existentem Thomam Dominum Trevor Privati Sigilli Nostri Custodem ac Privati Sigilli Nostri Custodem pro tempore existentem Lionelem Cranfield Ducem de Dorset Senescallum Hospitij Nostri pro tempore existentem Carolum Ducem de Grafton Hospitij Nostri Camerarium ac Hospitij Nostri Camerarium pro tempore existentem Thomam Ducem Novi Castri vnum Primariorum Secretariorum Nostrorum Status Thomam Comitem de Westmorland Carolum Vicecomitem Townshend alterum Primariorum Secretariorum nostrorum Status ac Primarios Secretar[i]os Nostros Status pro tempore existentes Georgium Vicecomitem de Torrington Primarium Admiralitatis Nostre Co[m]missarium ac Summum Admirallum nostrum atque Primarium Admiralitatis Nostre Co[m]missarium pro tempore existentem Arthurum Onslow Armigerum Domus Nostre Communium Prolocutotorem Ac Domus nostre Communium Prolocutorem pro tempore existentem Robertum Walpole Nobilis[s]imi Ordinis Periscelidis Equitem Scaccarii Nostri Cancellarium ac Erarij Nostri Primarium Co[m]missar[i]um atque Scaccarij Nostri Cancellarium et Erarij Nostri Primarium Commissarium pro tempore existentem Robertum Raymond Militem Capitalem Justiciar[i]um nostrum ad placita coram Nobis tenenda Assignatum ac Capitalem Justiciarium nostrum ad Placita coram Nobis tenenda Assignatum pro tempore existentem Josephum Jekyll Militem Magistrum Rotulorum Cancellarie Nostre ac Magistrum Rotulorum Cancellarie nostre pro tempore existentem Et Robertum Eyre Militem Capitalem Justiciarium Nostrum de Co[m]muni Banco ac Capitalem Justiciarium Nostrum de Communi Banco pro tempore existentem Quibus quidem Willelmo Archiepiscopo Cantuarensi ac Archiepiscopo Cantuarensi pro tempore Existenti Petro Domino King ac Cancellario Nostro Magne Britannie vel Magni Sigilli Nostri Magne Britannie Custodi pro tempore existenti Lancellotto Archiep[iscop]o Eboracensi Ac Archiepiscopo Eboracensi pro tempore existenti Summo Thesaurio nostro Magne Britannie pro tempore existenti Willelmo Duci Devonie ac Consilij Privati nostri Presidi pro tempore existenti Thome Domino Trevor ac Privati Sigilli Nostri Custodi pro tempore existenti Lioneli Cranfield Duci de Dorset ac Senescallo Hospitij nostri pro tempore existenti Caroli Duci de Grafton ac Hospitij Nostri Camerario pro tempore existenti Thome Duci Novi Castri Thome Comiti de Westmorland Carolo Vicecomiti Townshend ac Primarijs Secretarijs nostris Status pro tempore existentibus Georgio Vicecomiti Torrington Ac Summo Admirallo Nostro atque Primario Admiralitatis Nostra Co[m]missario pro tempore [existenti] Arthuro Onslow ac Domus nostre Communium Prolocutori pro tempore existenti Roberto Walpole ac Scaccarij nostri Cancellario Atque Erarij Nostri Primario Commissario pro tempore existenti Roberto Raymond et Capitali Justiciario Nostro ad placita coram nobis tenenda Assignato pro tempore existenti Josepho Jekyll ac Magistro Rotulorum Cancellarie Nostre pro tempore existenti atque Roberto Eyre Ac Capitali Justiciario Nostro de Co[m]muni Banco pro tempore existenti de Privato Concillio Nostro existentibus vel aliquibus tribus vel pluribus eorundem existentibus de Privato Consilio Nostro Plenam Potestatem et Authoritatem de tempore in tempus audiendi et finaliter terminandi omnes et sing[u]las tales appellaciones et talia Judicia Decreta sive Sententias affirmandi mutandi sive revocandi et finaliter Judicia sive Sententias superinde dandi et pronuntiandi Damus et Concedimus per presentes in tam amplis modo et forma quam Commissionarij sub Magno Sigillo Nostro Magne Britannie constituti et Assignati virtute Statuti Anno Regni Domini Henrici nuper Regis Anglie Octavi vicesimo quinto editi Intitulati (An Act for the Submission of the Clergy and Restraint of Appeales) in Appellacionibus ipsorum Determinacioni per Statutum predictum Subiectis procedere possint et debeant aliquo in presentibus contento in contrarium in aliquo non obstante Mandantes insuper et per presentes firmiter iniu[n]gendo precipientes tam omnibus et singulis Gubernatoribus Generalibus Judicibus et Justiciariis Nostris quam omnibus et singulis Rectoribus Incumbentibus Ministris Officiarijs et Subditis Nostris quibuscunque infra Colonias Plantaciones ceteraque Dominia nostra predicta in America quod ipsi et eorum quilibet tibi prefato Episcopo Londinensi et Co[m]missario sive Commissarijs predictis in debita Execucione premissorum sit et sint Intendentes et Auxiliantes in omnibus prout decet In cuius rei &c. Teste Rege apud Westmonasterium vicesimo nono die Aprilis.

Per Breve de Privato Sigillo.213

— Patent Roll, No. 3572, 1 George II, Part 7, No. 16.

BISHOP GIBSON’S FIRST COMMISSION

9 February, 1726–7

Rex &c. Reverendo in Christo Patri Edmundo Permissione Divina Episcopo Londiniensi Salutem Cum Colonie Plantaciones ceteraque Dominia nostra in America in Dieceses nondum divise vel formate neque alicui Diecesi infra Regnum Nostrum Magne Britannie annexa existant racione cujus Jurisdiccio in Causis Eccl[es]iasticis in illis vel eorum aliquo orientibus Nobis vt supreme Ecclesie in terris Capiti solum[m]odo spectat ac Nobis necessarium visum sit vt deinceps Jurisdiccio Spiritualis et Eccl[es]iastica in Regionus illis in Casibus inferius in his presentibus mencionatis Authoritate Nostra Regia secundum leges et Canones Ecclesie Anglicane infra Angliam legitime receptos et sancitos instituatur et exerceatur qua Sincerus Dei Cultus Religionisque Christiane pura Professio melius promoveatur Sciatis modo quod Nos de vestris sincera Religione et Doctrina ac morum probitate et in rebus gerendis provida Circumspeccione et Industria plurimum in hac parte confidentes de Gratia nostra speciali ac ex certa scientia et mero motu nostris Dedimus et Concessimus ac per presentes Damus et Concedimus Tibi prefato Episcopo Londiniensi plenam Potestatem et Authoritatem per Te vel per sufficientem Commissarium tuum sive Commissarios tuos sufficientes per Te substituendos et Nominandos exercendi Juridiccionem spiritualem et Eccl[es]iasticam in respectivis Colonijs Plantacionibus ceterisque Dominijs Nostris in America secundum leges et Canones Ecclesie Anglicane infra Angliam legitime receptos et sancitos in specialibus Causis et materijs inferius in his presentibus expressis et specificatis Ac pro Deelaracione Regalis voluntatis Nostre quoad speciales Causas et materias in quibus Jurisdiccionem antedictom virtute hujus Commissionis Nostre exerceri volumus Dedimus vlterius et Concessimus Ac per presentes Damus et Concedimus Tibi prefato Episcopo Londiniensi plenam Potestatem et Authoritatem per Te vel per sufficientem Co[m]missarium tuum sive Co[m]missarios tuos sufficientes per Te substituendos et Nominandos visitandi Omnes Ecclesias in Colonijs Plantac[i]onibus ceterisque Dominijs Nostris predictis in America in quibus Divinum Servitium iuxta Ritus et liturgiam Ecclesie Anglicane celebratum fuerit ac omnes Ecclesiarum predictarum Rectores Curatos Ministros et Incumbentes sive alio quocumque nomine vocatos ac omnes Presbyteros et Diaconos in Sacris Ordinibus Ecclesie Anglicane constitutos cum omni et omnimoda Jurisdiccione Potestate et Coercione Eccl[es]iastica quoad premissa requisita et ad dies horas et loca competentia quecumque quoties et quandocumque Tibi sive Co[m]missario vel Commissariis predictis magis congrua et opportuna videbuntur predictos Rectores Curatos Ministros Incumbentes Presbyteros vel Diaconos in Sacris Ordinibus Ecclesie Anglicane constitutos aut aliquem vel aliquos eorum coram Te vel Commiissario sive Commissarijs predictis evocandi et per Testes per Te sive Co[m]missarium vel Commissarios predictos in debita Juris forma iurandos alijsque vijs ac modis legitimis quibus de Jure melius et efficacius id fieri possit Inquirendi de Moribus eorundem ac de Moribus Clericorum Parochialium ac Peritia Cura et Diligentia eorundem in omnibus Officijs ad locum Clerici Parochialis secundum leges et Canones Ecclesie Anglicane pertinentibus peragendis ac etiam quecunque Juramenta licita in Curijs Eccl[es]iasticis consueta ministrandi ac corrigendi et puniendi predictos Rectores Curatos Ministros Incumbentes Presbyteros et Diaconos in Sacris Ordinibus Ecclesie Anglicane constitutos et Clericos Parochiales juxta eorum demerita sive per Amocionem Deprivacionem Suspencionem Excommunicacionem vel aliud quodcunque genus Censurarum Ecclesiasticarum aut Correccionum deb[it]anum iuxta Canones et leges Eccl[es]iasticas predictas Et vlterius Dedimus et Concessimus Ac per presentes Damus et Concedimus Tibi prefato Episcopo Londiniensi plenam Potestatem et Authoritatem per Te vel Co[m]missarium tuum sive Commissarios tuos sufficientes inquirendi de Statu et Reparacione Ecclesiarum Parochialium et Domorum alicui Rectori Ministro Incumbenti sive alio quocunque nomine vocato spectantium seu pertinentium infra Colonias Plantaciones Ceteraque Dominia Nostra predicta in America Ac de Provisione eorum omnium quorumcunque pro decenti et regulari Celebracione Divini Servitij et Administracione Sacrorum in Ecclesiis predictis iuxta legis Exigentiam requisitorum et necessariorum ac compellendi et coercendi omnes et singulas personas que per leges adinde respective tente et obligate fuerint ad easdem Ecclesias et domos et respective reparandas et sustinendas ac alias res et materias superius mencionatas providendas et suppeditandas iuxta formam et processum Juris Eccl[es]iastici cum omni et om[n]i[m]oda legitima Jurisdiccione Potestate et Coercione quoad premissa requisita ac etiam corrigendi et puniendi tales personas superius mencionatas que in premissis delinquentes seu contumaces reperte fuerint iuxta eorum demerita per Excommunicacionem vel aliud quodcunque genus Censurarum Eccl[es]iasticarum aut Correccionum deb[it]arum iuxta Canones et leges Eccl[es]iasticas predictas et generaliter omnia et singula faciendi exercendi et exequendi que ad execucionem Jurisdiccionis Eccl[es]iastice in omnibus et singulis premissis legitime spectant vel pertinent seu circa ea necessaria fuerint Et vlterius de vberiori Gratia nostra Dedimus et Concessimus ac per presentes Damus et Concedimus Tibi prefato Episcopo Londiniensi plenam Potestatem et Aucthoritatem de tempore in tempus Nominandi et substituendi sub manu tuo et Sigillo tuo Episcopali Commissarios sufficientes ad omnia et singula premissa in seperalibus et respectivis Colonijs Plantacionibus et Dominijs predictis in America iuxta tenorem et veram intencionem huius Commissionis Nostre exercenda et exequenda cum effectu et tales Commissarios amovendi et mutandi de tempore in tempus prout Tibi expediens videbitur Habendum et gaudendum omnes et singulas Potestates et Authoritates antedictas Tibi prefato Episcopo Londiniensi Quamdiu Nobis Placuerit Volumus tamen ac per presentes Declaramus et Ordinamus quod bene liceat et licebit alicui Persone sive aliquibus personis quibuscunque in quam vel in quas aliquod Judicium Decretum sive Sententia virtute huius Commissionis Nostre data sive pronuntiata fuerit Appellare a tali Judicio Decreto sive sententia ad Predilectos et Perquam Fideles et Consiliarios Nostros Reverendissimum in Christo Patrem Gulielmum Archiepiscopum Cantuariensem ac Archiepiscopum Cantuariensem pro tempore existentem Petrum Dominum King Baronem de Ockham Cancellarium Nostrum Magne Britannie ac Cancellarium Nostrum Magne Britannie vel Magni Nostri Sigilli Magne Britannie Custodem pro tempore existentem Reverendissimum in Christo Patrem Lancelottum Archiepiscopum Eboracensem ac Archiepiscopum Eboracensem pro tempore existentem Su[m]mum Thesaurarium Nostrum Magne Britannie pro tempore Existentem Gulielmum Ducem Devonie Consilij Nostri Privati Presidem ac Consilij Privati Nostri Presidem pro tempore existentem Thomam Dominum Trevor Privati Sigilli Nostri Custodem ac Privati Sigilli Nostri Custodem pro tempore existentem Lionellum Cranfield Ducem de Dorset Seneschallum Hospitij Nostri ac Seneschallum Hospitij Nostri pro tempore existentem Carolum Ducem de Grafton Hospitij Nostri Camerarium ac Hospitij Nostri Camerarium pro tempore existentem Thomam Ducem Novi Castri vnum Primariorum Secretariorum Nostrorum Status Thomam Comitem de Westmorland Jacobum Comitem de Berkeley Primarium Admiralitatis Nostra Co[m]missarium ac Summum Admirallum Nostrum atque Primarium Admiralitatis Nostre Commissarium pro tempore existentem Carolum Vicecomitem Townshend Alteram Primariorum Secretariorum Nostrorum Status ac Primarios Secretarios Nostros Status pro tempore existentes Spencer Compton Militem de Balneo Domus Nostre Communium Prolocutorem ac Domus Nostre Communium Prolocutorem pro tempore existentem Robertum Walpole Nobilissimi Ordinis Periscelidis Equitem Scaccarij Nostri Cancellarium ac Erarij Nostri Primarium Co[m]missarium atque Scaccarij Nostri Cancellarium et Erari[j] Nostri Primarium Co[m]missarium pro tempore existentem Robertum Baymond Militem Capitalem Justiciarium Nostrum ad Placita coram Nobis tenenda Assignatum ac Capitalem Justiciarium nostrum ad Placita coram Nobis tenenda Assignatum pro tempore existentem Josephum Jekyll’ Militem Magistrum Rotulorum Cancellarie Nostre ac Magistrum Rot[u]lorum Cancellarie Nostre pro tempore existentem et Robertum Eyre Militem Capitalem Justiciarium Nostrum de Communi Banco ac Capitalem Justiciarium Nostrum de Communi Banco pro tempore existentem Quibus quidem Gulielmo Archiepiscopo Cantuanriensi ac Archiepiscopo Cantuariensi pro tempore existenti Petro Domino King ac Cancellario Nostro Magne Britannie vel Magni Sigilli Nostri Magne Britannie Custodi pro tempore existenti Lancelotto Archiepiscopo Eboracensi ac Archiepiscopo Eboracensi pro tempore existenti Summo Thesaurario Nostro Magne Britannie pro tempore existenti Gulielmo Duci Devonie ac Consilij Privati Nostri Presidi pro tempore existenti Thome Domino Trevor ac Privati Sigilli Nostri Custodi pro tempore existenti Lionel Cranfield Duci de Dorset ac Seneschallo Hospitij Nostri pro tempore Existenti Carolo Duci de Grafton ac Hospitij Nostri Camerario pro tempore existenti Thome Duci Novi Castri Thome Comiti de Westmorland Jacobo Comiti de Berkeley ac Summo Admirallo Nostro atque Primario Admiralitatis Nostre Commissario pro tempore existenti Carolo vicecomiti Townshend ac Primarijs Secretarijs Nostris Status pro tempore existentibus Spencer Compton ac Domus Nostre Co[m]munium Prol[o]cutori pro tempore existenti Roberto Walpole ac Scaccarij Nostri Cancellario atque Erarij Nostri Primario Commissario pro tempore existenti Roberto Raymond ac Capitali Justiciario Nostro ad Placita coram Nobis tenenda Assignato pro tempore existenti Josepho Jekyll’ ac Magistro Rotulorum Cancellarie Nostre pro tempore existenti atque Roberto Eyre ac Capitali Justiciario Nostro de Communi Banco pro tempore existenti existentibus de Privato Consilio Nostro vel aliquibus tribus vel pluribus eorundem existentibus de Privato Consilio Nostro Plenam Potestatem et Authoritatem de tempore in tempus Audiendi et finaliter terminandi Omnes et singulas tales Appellaciones et talia Judicia Decreta sive Sentencias Affirmandi Mutandi sive Revocandi et Finaliter Judicia sive Sentencias superinde Dandi et Pronuntiandi Damus et Concedimus per presentes in tam amplis modo et forma quam Commissionarij sub Magno Sigillo Nostro Magne Britannie Constituti et Assignati virtute Statuti Anno Regni Domini Henrici nuper Begis Anglie Octavi vicesimo quinto editi Intitulati An Act for the Submission of the Clergy and Rest[r]aint of Appeales in Appellacionibus ipsorum Determinacion[i] per Statutum predictum Subjectis procedere possint aut debeant Aliquo in Presentibus contento in contrarium in aliquo Non obstante Mandantes insuper et per presentes pro Nobis heredibus et Successoribus Nostris firmiter iniungendo Precipientes tam omnibus et singulis Gubernatoribus Generalibus Judicibus et Justiciarijs Nostris quam omnibus et singulis Rectoribus Incumbentibus Ministris Officiarijs et Subditis Nostris quibuscunque infra Colonias Plantac[i]ones ceteraque Dominia Nostra predicta in America quod ipsi et eorum quilibet Tibi prefato Episcopo Londiniensi et Commissario sive Co[m]missariis predictis in debita execucione premissorum sit et sint Intendentes et Auxiliantes in omnibus prout decet. In cujus rei etcetera Teste Rege apud Westmonasterium nono die Februarij:

Per Breve de Privato Sigillo.211

—Patent Roll, No. 3565, 13 George I, Part 4, No. 3 dorse.