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

29 December, 1691

Gulielmus & Maria Dei Gratiâ Angliæ Scotiæ Franciæ & Niberniæ Rex et Regina fidei Defensores &c. Dilecto Nobis Gulielmo Phips Militi salutem.

Ad cognoscendum et procedendum in quibuscunque Causis civilibus et maritimis atque querelis contractibus, delictis seu quasi delictis criminibus placitis debitis, excambiis computis Chartis partitis conventionibus litibus transgressionibus, injuriis extortionibus et demandis ac Negotiis civilibus et maritimis motis seu movendis quibuscunque inter Mercatores aut inter Dominos et Proprietarios Navium & aliorum Vasorum et Mercatores seu alios quoscunque cum eisdem Dominis et Proprietariis navium et ceterorum vasorum quorumcunque infra Jurisdictionem maritimam Admiralitatis nostræ Provinciæ et Territorii nostrorum de Massachusets bay in novâ Angliâ occupatorum vel usitatorum seu inter quascunque alias personas qualitercunque habitis factis initis seu contracts pro aliqua re materiâ Causa vel Negotio seu injuriâ quacunque infra Jurisdictionem nostram maritimam prædictam expeditis seu expediendis unacum omnibus et singulis suis incidentibus emergentibus dependentibus annexis et connexis Causis quibuscunque ubicunque seu qualitercunque hujusmodi Causæ Querelæ contractus ac alia premissa supradicta vel eorum aliquod oriri celebrari, contrahi vel fieri contingat juxta Jura, Statuta, Ordinationes, Leges et Consuetudines ab antiquo observatos164 audiendum & terminandum ac insuper in omnibus et singulis Querelis, Contractibus conventionibus ac Causis et Negotiis civilibus et maritimis ultra Mare perficiendis ultrave Mare contractis qualitercunque emergentibus seu contingentibus ac etiam in ceteris causis et materiis omnibus et singulis quæ Jurisdictionem maritimam Admiralitatis nostræ predictæ in dictis Provinciâ et Territorio nostris de Massachusets bay predicto, et partibus maritimis eorundem et eisdem adjacentibus quibuscunque quovismodo tangunt seu aliquo modo concernunt vel ab Antiquo pertinere debuerunt aut debent. Et generaliter in omnibus et singulis aliis Causis Litibus, Criminibus, delictis excessubus, injuriis Querelis, maleficiis seu quasi maleficiis, transgressionibus, Regratariis forstallariis et Negotiis maritimis quibuscunque per Loca predicta infra Jurisdictionem maritimam Admiralitatis nostræ Provinciæ et Territorii nostrorum de Massachusetsbay predicto per Mare vel Aquam aut Ripas seu Littora eorundem qualitercunque factis, commissis, perpetratis aut emergentibus Necnon ad inquirendum per Sacramentum proborum et legalium hominum de dictis Provincia et Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque tam infra Libertates et ffranchesias quam extra ubilibet commorantium tam de omnibus & singulis quæ de jure, Statutis, Legibus, ordinationibus, et consuetudinibus ab Antiquo observatis inquiri solent, vel deberent quam de Wrecco maris ac de omnibus et singulis bonis & Catallis quorumcunque proditorum, Piratarum, Homicidarum, et felonum qualitercunque infra Jurisdictionem maritimam Admiralitatis Nostræ Provinciæ & Territorii nostrorum et Massachusets bay predicto delinquentium ac de bonis debitis et catallis omnium et singulorum eorum manutenentium, accessariorum, consulentium auxiliantium vel assistentium quorumcunque atque etiam de bonis debitis et catallis quarumcunque personarum, felonum de se, et cujuslibet personæ felonis de se infra Jurisdictionem nostram maritimam prædictam quovismodo, seu qualitercunque ad mortem devenientium ubicunque bona debita et catalla hujusmodi aut aliqua parcella eorundem per Mare Aquam vel Terram in dictis Provinciâ & Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque tam infra Libertates et Franchesias quam extra fuerint inventa seu invenienda forisfacta seu forisfacienda vel existentia quæcunque Et etiam de bonis debitis et catallis quarumcunque aliarum personarum felonum de se, et cujuslibet alterius personæ felonis de se infra Jurisdictionem nostram maritimam prædictam repertis, seu reperiendis contingentibus quibuscunque Et præterea tam de bonis, debitis et Catallis quorumcunque aliorum proditorum Felonum Homicidarum ubicunque locorum delinquentium ac de bonis debitis et catallis eorum manutenentium accessariorum consulentium auxiliantium vel assistentium quam de bonis debitis et catallis quorumcunque fugitivorum convictorum, attinctorum, damnatorum, utlegatorum vel in exigendo165 pro proditione feloniâ Homicidio vel murdro, seu aliquo alio quocunque Offenso aut Delicto qualitercunque posito sive ponendo166 ac etiam de bonis waviatis, flotzon, Jetzon, Lagon Shares Thesauro invento seu inveniendo Deodandis ac de bonis quorumcunque aliorum pro Derelictis habitis vel habendis, seu casu fortuito repertis aut reperiendis vel qualitercunque debitis seu debendis ac de omnibus aliis casualibus tam in super vel per Mare Littoraque Crecas aut Costeras Maris vel partes maritimas quam in super vel per Aquas dulces, Portus, fluminia167 publica, Rivos, seu Crecas aut Loca superinundata quæcunque infra fluxum et refluxum Maris, seu Aquæ ad plentitudinem aut super Littora vel Ripas alicujus eorundem infra jurisdictionem nostram maritimam prædictam qualitercunque quandocunque vel quomodocunque emergentibus, contingentibus sive provenientibus quibuscunque vel ubicunque bona, debita et catalla hujusmodi aut cætera premissa vel aliqua parcella eorundem infra jurisdictionem nostram maritimam prædictam reperiantur aut inveniri seu reperiri contigerint Ac insuper de Anchoragiis et Lastagiis seu arenosâ Navium oneratione, et de Piscibus regalibus viz^t Sturgeonibus, Ballenis, Cetis Porpesiis Dolphinis Riggis et Graspiciis, et Generaliter de cæteris Piscibus quibuscunque magnam sive ingentem crassidutinem168 sive pinguedinem in se habentibus, ab antiquo de jure vel consuetudine ad Nos quovismodo pertinentibus aut spectantibus seu aliquo modo consuetis Eademque Wreccum Maris ac bona debita et Catalla, ac cætera premissa omnia et singula unacum omnibus et omnimodis finibus, mulctis exitibus forisfacturis, amerciamentis, redemptionibus et recognitionibus quibuscunque forisfactis seu forisfaciendis et pœnis pecuniariis pro transgressionibus delictis injuriis, extortionibus, contemptibus, ac aliis maleficiis quibuscunque vel pro aliqua Re, materiâ seu causâ quacunque impositis vel inflictis imponendis vel infligendis qualitercunque in dictis Provincia et Territorio nostris de Massachusets bay prædicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque in aliquâ Curiâ, Admiralitatis nostræ ibidem tentâ, seu tenendâ presentatis seu presentandis assidendis afferendis forisfaciendis seu adjudicandis ac etiam unacum Amerciamentis exitibus, finibus perquisitis Mulctis et pœnis pecuniariis quibuscunque ac forisfacturis quarumcunque Recognitionum coram vobis vestrove Locumtenente Deputato vel Deputatis in dictis Provincia et Territorio Nostris de Massachusets bay prædicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque audiendis et terminandis assignatis seu assignandis contingentibus seu impositis aut imponendis vel infligendis seu aliquo modo assidendis afferendis forisfaciendis seu adjudicandis aut aliquo modo occasione premissorum Nobis, vel hæredibus, seu successoribus Nostris in ea parte qualitercunque debitis sive debendis quibuscunque petendum exigendum levandum capiendum colligendum recipiendum et obtinendum ac ad usum nostrum et officii Magni Admiralli nostri Angliæ prædicti pro tempore existentis custodiendum, et conservandum. Ac insuper recognitiones Cautiones Obligationes & Stipulationes quascunque tam ad usum nostrum quam ad quarumcunque partium instantiam pro conventionibus seu debitis ac aliis Causis quibuscunque capiendum Easque executioni ponendum et exequi faciendum & mandandum Necnon Naves personas res bona, merces et mercimonia quæcunque pro præmissis et eorum quolibet ac aliis Causis quibuscunque ea concernentibus ubicunque Locorum per dicta Provinciam et Territorium nostra de Massachusets bay predicto ac partes maritimas eorundem et eisdem adjacentes quascunque infra Libertates et ffranchesias vel extra fuerint inventa seu reperta Atque etiam pro aliis conventionibus, Causis seu Debitis quibuscunque qualitercunque contractis sive emergentibus dummodo bona seu persones debitorum reperiantur infra Jurisdictionem nostram predictam juxta Leges Civiles et maritimas et consuetudines ab Antiquo usitatas realiter arrestandum et arrestari faciendum, et mandandum Ipsasque cum suis emergentibus dependentibus incidentibus annexis et connexis Causis et Negotiis quibuscunque unacum ceteris Causis civilibus et maritimis atque Querelis contractibus et aliis premissis omnibus et singulis quibuscunque superius respective expressis juxta Leges et Consuetudines predictas ac aliis Viis, modis et mediis legitimis quibus melius sciveris, aut poteris, audiendum examinandum discutiendum et fine debito terminandum ac personas quascunque in ea parte prout casus exiget comparere et respondere cum cujuslibet coertionis temporalis alteriusque pœne et mulcte potestate juxta Leges et Consuetudines predictas compellendum et justitiam faciendum et ministrandum etiam Juris ordine servato seu velo levato sine strepitu et figura judicii sola facti et rei veritate inspecta procedendum. Reosque et Contemptores ac Juris seu Juris [diction]nis Admiralitatis Nostræ predictæ violatores Usurpatores Delinquentes et contumaciter absentes Naucleros Marinarios Remiges Piscatores Naupegos et alios Operarios et Expertos quoscunque res nauticas quascunque exercentes juxta jura, Statuta, Leges, Ordinationes et Consuetudines ab antiquo observatas mulctandum, corrigendum, puniendum, castigandum et reformandum ac in quibuscunque Carceribus infra Provinciam et Territorium nostros169 de Massachusets bay predicto existentibus incarcerandum et incarcerari faciendum et mandandum Incarceratosque quoscunque in ea parte qui deliberandi fuerint deliberandum et penitus exonerandum et exonerari faciendum et mandandum fluminaque publica, portus, Rivos et aquas dulces ac Crecas quecunque infra jurisdictionem nostram maritimam predictam ubicunque Locorum in dictis Provincia et Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque existunt pro conservatione tam classis nostræ quam Classium et Navigiorum Regnorum et Dominiorum Nostrorum predictorum quam Piscium in eisdem fluminibus et locis predictis crescentium quorumcunque Necnon Jura, Statuta, Leges, Ordinationes et Consuetudines ab antiquo observata in dictis Provincia et Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque conservandum et exequi et conservari faciendum Omniaque et singula alia faciendum exercendum expediendum et exequendum in premissis et eorum quolibet prout de jure et secundum Leges et Statuta Ordinationes et Consuetudines predicta fuerint facienda Ac insuper Retia nimis stricta ac alia Ingenia sive Instrumenta quecunque illicita circa prensionem Piscium ubicunque locorum per mare aut flumina publica, Portus, Rivos, aquas dulces seu Crecas quecunque per Provinciam et Territorium nostros170 de Massachusets bay predicto et partes maritimas eorundem et eisdem adjacentes quascunque infra Jurisdictionem nostram predictam ubicunque Locorum per Aquam occupata sive exercitata ac exercitatores et occupatores eorundem juxta Jura, Statuta, Leges, Ordinationes et Consuetudines predicta puniendum, corrigendum et reformandum Sententiasque et Decreta quecunque fulminandum, promulgandum et interponendum Eaque executioni demandandum cum cognitione et jurisdiction quarumcunque aliarum Causarum civilium et maritimarum que sunt maris seu que mare vel maris per Transitum sive passagium aut Iter navale sive viagium maritimum vel Jurisdictionem nostram maritimam supradictam seu Loca vel Limites Admiralitatis Nostræ predictæ et cognitionem antedictam ac alia quecunque expedita vel expedienda quovismodo concernunt seu respiciunt etiam cum potestate procedendi in eisdem juxta Jura, Statuta, Leges, Ordinationes ac Consuetudines predicta ab antiquo usitata tam ex officio mero mixto vel promote quam ad alicujus partis instantiam prout casus exiget et expediens visum fuerit Et etiam cum cognitione et decisione de Wrecco maris magno seu parvo, ac de morte submersione, et visu corporum mortuorum quarumcunque personarum in mare, vel fluminibus publicis, portubus, aquis dulcibus, seu Crecis quibuscunque infra fluxum maris, et Aque ad plenitudinem per dicta Provinciam, et Territorium nostros171 de Massachusets bay predicto et partes maritimas eorundem et eisdem adjacentes quascunque vel alibi infra Jurisdictionem nostram predictam qualitercunque interfectarum sive submersarum aut interficiendarum seu submergendarum sive murderatarum vel murderandarum aut aliquo alio modo ibidem ad mortem devenientium unacum cognitione de Mahemio in locis predictis infra Jurisdictionem nostram maritimam predictam ac fluxum maris et aque ibidem contingenti172 cum potestate etiam puniendi Delinquentes in eaparte quoscunque juxta juris exigentiam et Consuetudines predictas Cæteraque omnia, et singula que in premissis tantum, et circa ea necessaria fuerint, seu quomodolibet opportuna juxta et secundum Jura, et Statuta, Leges, Ordinationes et Consuetudines predicta faciendum exercendum expediendum et exequendum Tibi de cujus Fidelitate et circumspectionis industria plurimum in hac parte confidimus Vices et authoritatem Nostras in et per Provinciam, et Territorium nostros173 de Massachusets bay predicto et partes maritimas eorundem et eisdem adjacentes quascunque Atque etiam per omnia et singula Littora maris Fluminaque publica, Portus, aquas dulces Rivos Crecas et Brachia tam Maris quam Fluminum et Costeras quecunque dictorum Provincie et Territorii nostrorum de Massachusets bay predicto et partium maritimarum eorundem et eisdem adjacentium quarumcunque infra Libertates et ffranchesias ac extra comittimus per presentes ac concedimus cum potestate alium vel alios Deputatum sive Deputatos quoties Tibi expediens visum fuerit loco tuo in premissis deputandi et surrogandi et etiam cum potestate quoscunque alios Officiarios et Ministros pro dicto Officio et exercitio ejusdem in dictis Provincia et Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque sub Te necessarios idoneos et opportunos (Judice Registrario et Mariscallo exceptis) de tempore in tempus nominandi, preficiendi, ordinandi, assignandi, faciendi et constituendi Salvo semper Jure Supreme Curie Admiralitatis Nostræ Angliæ necnon Judicis et Registrarii ejusdem Curie quibus et eorum alteri in aliquo nolimus derogare per presentes et salvo jure cujuscunque lesi et gravati per aliquam Sententiam definitivam sive Decretum interlocutorium in Curia Vice Admiralitatis Provincie et Territorii nostrorum de Massachusets bay predicto ferendum ad Supremam Curiam Admiralitatis Anglie predictam appellandi Teque prefatum Gulielmum Phips militem Vice Admirallum Commissarium ac Deputatum nostrum in Officio Vice Admiralitatis in Provincia et Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque unacum omnibus et singulis feodis proficiis advantagiis emolumentis commoditatibus et pertinenciis quibuscunque eidem Officio vice Admiralli Commissarii et Deputati in dictis Provincia et Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque juxta Ordinationes, et Statuta Supreme Curie Admiralitatis nostre Anglie predicte debitis et spectantibus ordinamus preficimus et deputamus per presentes ad beneplacitum nostrum tantummodo duraturum174 Proviso tamen semper et sub hac Lege et Conditione quod si Tu prefatus Gulielmus Phips Nos et Locumtenentem nostrum Supremæ Curiæ Admiralitatis nostræ Angliæ et in dicta Curia et Officialem principalem Commissariumque Generalem et Specialem ac ejusdem Curie Presidentem et Judicem de omni eo quod de tempore in tempus vigore presentium feceris et executus fueris collegeris aut reciperis175 in premissis vel premissorum aliquo annuatim (viz^t) in fine cujuslibet anni inter Festa Sancti Michaelis Archangeli et Omnium Sanctorum cum pleno et fideli Computo tuo superinde sub authentica forma conficiendo ac Sigillo Officii Nostri in custodia tua remanenti sigillando debite non certificaveris et certiorem reddi feceris cum effectu extunc et post Defaltam in ea parte hujusmodi Littere nostre Patentes de Officio vice Admiralli predicto Tibi (ut prefertur) concesse vacue et irrite erunt nulliusque roboris aut effectus Mandantes omnibus et singulis Proceribus Justitiariis majoribus Vice Comitibus, Capitaneis, Senescallis, Ballivis, et Custodibus Gaolarum et Carcerum nostrorum quorumcunque et Constabulariis ceterisque ministris et fidelibus Subditis et Ligeis nostris quibuscunque et eorum cuilibet tam infra Libertates et ffranchesias quam extra quod Tibi et Deputato tuo cuicunque aliisque officiariis ejusdem vice-Admiralitatis nostre in Provincia et Territorio nostris de Massachusets bay predicto et partibus maritimis eorundem et eisdem adjacentibus quibuscunque per Te assignatis seu assignandis circa executionem premissorum et eorum cujuslibet intendentes, faventes, auxiliantes parentes pariter et obedientes sint in omnibus prout decet sub pena Juris et periculo incumbenti.

Datum Londini in Suprema Curia Admiralitatis nostre Anglie sub sigillo ejusdem magno 29^no die mensis Decembris Anno Domini 1691 Regnique nostri tercio.176

— Royal Courts of Justice, Admiralty Registry, Muniment Books, Volume 4, pp. 63–67.

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

30 April, 1688

Jacobus K

Jacobus Secundus Dei gratiâ Angliæ Scotiæ Franciæ et Niberniæ Rex Fidei Defensor &c.

Cum officium Domini Magni Admiralli ante hac per Serenissimum Regem Carolum Secundum Fratrem nostrum præcharissimum per litteras suas patentes sub magno Sigillo Angliæ nobis Concessum adhuc in persona nostra Regia ex diversis Causis nos in ea parte Specialiter moventibus remanet, Dilecto Nobis Edmundo Andros militi Salutem. Ad cognoscendum et procedendum in quibuscunque Causis Civilibus et maritimis atque Querelis, Contractibus, Delictis seu quasi Delictis, Criminibus, Placitis, Debitis Excambiis, Computis, Literis partitis, Conventionibus, Litibus Transgressionibus Injuriis, Extortionibus, Demandis ac negotiis Civilibus et maritimis motis seu movendis quibuscunque inter mercatores, aut inter Dominos et Proprietarios navium et cæterorum vasorum et mercatores, seu alios quoscunque, cum eisdem Dominis et proprietariis Navium et cæterorum vasorum quo[rum]cunque infra Jurisdictionem Admirali[ta]tis nostræ Coloniarum nostrarum, Sinus de Massachusets et novæ Plymuthæ, Provinciarum Nostrarum de nova Hantonia et Main, Regionis nostræ de Narraganset sive Provinciæ nostræ Novi Eboraci et Cæsareæ Orientalis & occidentalis et totius Tractus Terræ Circuitus Continentis Præcinctuum et Limitum in America existentium in Latitudine a quadrigenis161 gradubus Latitudinis Borealis, a linea Æquinoctiali usque ad fluvium Sanctæ Crucis versus Orientalem et abinde directe versus Borealem usque ad Fluvium de Canada; et in Longitudine per totam Latitudinem predictam in et per Continentem a mari et oceano Atlantico sive Occidentali versus Orientalem usque ad mare australe versus Occidentalem una cum omnibus Insulis, Maribus, Fluviis, Aquis, Juribus, membris et Pertinentiis quibuscunque Eisdem Spectantibus (Provincia nostra de Pensilvania et Regione nostra de Delaware Solummodo Exceptis) Nominandorum et cognoscendorum prout antea nomine et Titulo Territorii et Dominii de nova Anglia in America, occupatorum vel usitatorum, seu inter Quascunque alia[s] personas, habitis factis, initis sive contractis pro aliqua re, materia, causa vel Negotio seu injuria quacunque tam in super vel per Mare aut Flumina publica, seu Aquas Dulces, Portus, Rivos seu Crecas et loca superinundata quæcunque infra fluxum et refluxum Maris et Aquæ ad plenitudinem vel super Litora seu Ripas quascunque eisdem vel eorum alicui adjacentia a quibuscunque primis Pontibus versus Mare per Coloniam nostram Novæ Angliæ et partes predictas respective vel alibi ultra mare vel in partibus ultramarinis quibuscunque expeditis vel expediendis unacum omnibus et singulis suis incidentibus emergentibus dependentibus annexis et connexis causis quibuscunque ubicunque seu qualitercunque hujusmodi Causæ et Querelæ Contractus et alia præmissa supradicta vel eorum aliquod oriri, celebrari, contrahi vel fieri contingat, Juxta Leges Civiles et maritimas ac Consuetudines receptas in Curia principali Admiralitatis nostræ Coloniæ de Nova Anglia et partium predictarum et earum cujuslibet audiendum et terminandum ac insuper &c. Dabantur in Palacio nostro de Alba Aula sub Sigillo Nostro Admirali[ta]tis Anchoram representante (quo in hac parte utimur) Tricesimo die Aprilis Anno Regni nostri Quarto Annoque Domini 1688.

J. R.162

Ad Mandatum Serenissimi Domini Regis

S. PEPYS.

Vid. The rest of this Commission in the old parchm^t Book of Barbados pag. 88. being totidem verbis with my L^d Willoughby’s Commission of Vice Adm^lty there Entred.163

— Public Record Office, Colonial Office, Class 5, Volume 904, pp. 405–406.

SIR EDMUND ANDROS’S FIRST COMMISSION as VICE-ADMIRAL OF NEW ENGLAND

1686

J. R.

Jacobus Secundus Dei Gratia Angliæ Scotiæ Franciæ et Hiberniæ Rex Fidei Defensor &c.

Cum officium Domini Magni Admiralli Novæ Angliæ, aliorumque Locorum Maritimorum ante hac per Serenissimum Regem Carolum Secundum Fratrem nostrum præcharissimum per Litteras suas patentes sub magno Sigillo Angliæ nobis concessum adhuc in persona nostra Regia ex diversis Causis nos in ea parte specialiter moventibus, Remanet Dilecto nobis Edmundo Andros Militi Salutem, Ad Cognoscendum et Procedendum in quibuscunque Causis Civilibus & maritimis atque Querelis Contractibus, Delictis, seu quasi Delictis, Criminibus, Placitis Debitis, Excambiis, Computis, Literis partitis, Conventionibus, Litibus Transgressionibus, Injuriis, Extortionibus, Demandis ac Negotiis Civilibus et Maritimis motis seu movendis quibuscunque inter mercatores aut inter Dominos et Proprietaries Navium et Cæterorum vasorum et mercatores, seu alios quoscunque cum iisdem Dominis et Proprietariis Navium et cæterorum vasorum quorumcunque infra Jurisdictionem Admiralitatis nostræ Coloniæ nostræ de Nova Anglia et partium Maritimarum eidem adjacentium, id est a Limitibus Jurisdictionis Vice Admiralitatis nostræ de Novo Eboraco usque ad Limites de Nova Scotia & Canada occupatorum vel usitatorum seu inter quascunque alias Personas, &c.

Vid. The rest of this Commission in y^e old Parchm^t Book of Barbados pag. 88 being totidem verbis with my L^d Willoughby’s Commission of vice Adm^lty there Entred.160

— Public Record Office, Colonial Office, Class 5, Volume 904, pp. 316–317.

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

13 November, 1685

J. R.

Jacobus Secundus Dei Gratia Angliæ Scotiæ Franciæ et Hiberniæ Rex Fidei Defensor &c.

Cum officium Domini Magni Admiralli Novæ Angliæ aliorumque Locorum Maritimorum ante hac per Serenissimum Regem Carolum Secundum fratrem nostrum præcharissimum per Litteras suas patentes Sub magno Sigillo Angliæ Nobis concessum adhuc in persona nostra. Regiâ, ex diversis Causis nos in ea parte Specialiter moventibus Remanet, Dilecto Nobis Josepho Dudley Armigero Salutem, ad Cognoscendum et procedendum in quibuscunque Causis Civilibus et Maritimis atque Quærelis Contractibus, Delictis seu quasi Delictis Criminibus placitis Debitis Excambiis, Computis, litteris partitis, Conventionibus Litibus Transgressionibus Injuriis Extortionibus Demandis ac Negotiis Civilibus Maritimis Motis seu movendis quibuscunque inter Mercatores aut inter Dominos et Proprietarios Navium et cæterorum vasorum et mercatores seu alios quoscunque cum eisdem Dominis et Proprietariis Navium et cæterorum vasorum quorumcunque infra Jurisdiccionem Admiralitatis nostræ Coloniæ nostæ de Nova Anglia et partium Maritimarum eidem adjacentium id est a Novo Eboraco et Insula Longa in partes Australes et Australes Occidentales usque ad quadrigenos157 Gradus Latitudinis Borealis Occupatorum vel usitatorum seu inter quascunque alias personas, &c.

Vid. The rest of this Commission in the Old parchment Book of Barbados pag. 88 being totidem verbis with my158 Willoughby’s Commission of Vice Adm^lty there entred.159

— Public Record Office, Colonial Office, Class 5, Volume 904, pp. 266–267.

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

26 January, 1666–7

Jacobus Dux Eboracensis, et Albaniensis Comes Ultoniæ, Constabularius Castri Doveriæ Dominus Guardianus Quinque Portuum, Gubernator Oppidi Portsmouth, præclari Ordinis Garterii Miles, Dominus magnus Admirallus Anglie et Hibernie et Walliæ ac Dominiorum et Insularum earundem, Villæ Calesiæ vel Merchiarum eiusdem Normandiæ, Gasconiæ et Aquitaniæ, Classisque et Marium dictorum Regnorum Angliæ et Hiberniæ Prefectus Generallis Nec non Dominus Magnus Admirallus Dominiorum Novæ Angliæ, Jamaicæ, Virginiæ, Barbadöe, Sancti Christopheri, Antegöe in America, Giuinniæ, Binniæ, et Angolæ in Africa, Tangiæ vel Tangeris, Regni Fessani, Provincie in Africa predicta ac Insularum et Dominiorum earundem, ac de omnibus et singulis aliis Dominiis quibuscunque in partibus Transmarinis, ad Serenissimum Dominum Fratremque nostrum Carolum Secundum Dei Gratia magnæ Brittaniæ, Franciæ et Hiberniæ Regem, &c^a pertinentibus Et Prefectus Generalis Classium et Marium dictorum locorum Dilecto nobis Gulielmo Baron Willoughby de Parham Insulæ Barbadöe et ceterarum Insularum Caribbee &c^a Præfecto Generali et Summo Gubernatori Salutem.

Ad Cognoscendum et procedendum in quibuscunque causis civilibus et Maritimis, atque Querelis, Contractibus delictis seu quasi delictis Criminibus placitis, debitis, excambiis computis Litteris partitis, Convencionibus, Litibus, Transgressionibus, Injuriis, Extortionibus, demandis vel Negotiis civilibus et maritimis motis, seu movendis quibuscunque inter Mercatores aut inter Dominos et Proprietaries Navium et ceterorum vasorum et Mercatores, seu alios quoscunque, cum eisdem Dominis et Proprietariis Navium, et ceterorum Vasorum quorumcunque infra Jurisdiccionem Serenissimi Domininostri Regis, suæ Admiralitatis Barbadöe et ceterarum Insularum Caribbee: Ac de omnibus et singulis aliis Insulis Coloniis et Plantacionibus ad Serenissimum Dominum nostrum Regem pertinentibus. Inter Decem et Viginti gradus Borealis Latitudinis iacentibus et ab Insula Sancti Johannis de Portivico130 versus Orientem usque ad Trecentas Viginti Septem gradus extensis, vel partium quarumcunque Insularum et Locorum eisdem adjacentium occupatorum vel usitatorum, seu inter quascunque alias personas, habitis, factis, initis sive Contractis pro aliqua re materiâ, causa vel negotio, seu Injuriâ quacunque tam in, super vel per Mare aut Flumina publica, Aquas dulces, Portûs, Rivos seu Crecas et loca superinundata quæcunque infra Fluxum, et Refluxum Maris, et aquæ, ad Plenitudinem, vel super Littora, seu Ripas quascunque ei[s]dem vel eorum alicui adjacentes, a quibuscunque primis Pontibus versus Mare vel131 Insulam Barbadöe et ceteros locos predictos, seu Dominia eorundem, vel alibi ultra mare vel partibus ultramarinis quibuscunque expedites vel expediendis, Una cum omnibus, et singulis suis Incidentibus Emergentibus Dependentibus Annexis et Connexis, Causis et Negotiis quibuscunque, seu qualitercunque ejusmodi, Causas et Querelas, Contractûs et alia premissa supradicta vel eorum aliquod, Oriri, Celebrari, Contrahi vel fieri Contingat juxta Leges civiles et Maritimas ac Consuetudines receptas in Curia Principali prefati Domini nostri Regis sue Admiralitatis Barbadöe et ceterorum locorum predictorum et partibus Maritimis eorum et earum132 cuilibet adjacentibus quibuscunque Audiendum et Terminandum.

Ac Insuper in omnibus et singulis Querelis Contractibus, Convencionibus et Causis ac Negotiis Civilibus et Maritimis ultra mare proficiendis vel contractis aut in prefata Insula Barbadöe, et locis predictis vel partibus Insularibus ejusdem adjacentibus perimplendis, qualitercunque emergendis seu contingentibus.

Ac etiam in ceteris Causis et Materiis omnibus, et singulis quæ Jurisdictionem Maritimam prefati Domini nostri Regis sue Admiralitatis predicte, in prefata Insula Barbadöe et ceteris locis predictis, et partibus Insularibus iisdem adjacentibus quibuscunque quovismodo tangunt, seu aliquo modo concernunt, vel de Jure pertinêre debuerunt, vel debent.

Et generaliter in omnibus et singulis aliis Causis Litibus Criminibus, Delictis, Excessibus Querêlis, Injuriis, Maleficiis, seu quasi Maleficiis, Regratariis, Foristallariis, et negotiis Maritimis quibuscunque per loca predicta infra Jurisdictionem Maritimam, prefati Domini nostri Regis suæ Admiralitatis Barbadöe, et aliorum locorum predictorum per mare vel aquam, aut Ripas, seu Littora eorundem qualitercunque factis Commissis perpetratis aut emergentibus.

Nec non ad Inquirendum per Sacramentum proborum et Legalium. hominum de dicta Insula Barbadöe, et aliis locis predictis, et partibus transmarinis et Insularibus eorundem, et earum133 cuilibet adjacentibus tarn infra Libertates et Franchesias quam extra ubilibet Commorantium tam de omnibus et singulis de jure Statutis, Ordinacionibus et Constitucionibus Curiœ predictœ Admiralitatis Princiipalis Inquiri deberent quam de Wrecco Maris, ac de omnibus et singulis bonis et Catallis quorumcunque Proditorum, Pyratarum, Homicidarum et Felonum qualitercunque infra Jurisdictionem Maritimam predicti Domini nostri Regis suæ Admiralitatis predictœ Delinquentium.

Ac de bonis Debitis et catallis omnium et singulorum eorum Manutenentium, Accessariorum Consulentium Auxiliantium sive Assistentium, quorumcunque.

Atque etiam de bonis Debitis et Catallis quarumcunque aliarum personarum Felonum de se, et Cujuslibet personæ Felonis de se infra Jurisdictionem Maritimam predictam, quovismodo seu qualitercunque ad mortem devenientium ubicunque bona Debita et Catalla hujusmodi vel aliqua parcella eorundem per Mare, Aquam vel Terram in dicta Insula Barbadöe et aliis locis predictis et partibus Maritimis eorundem et earum134 cuilibet adjacentibus quibuscunque tam infra Libertates et Franchesias quam extra fuerint Inventa seu Invenienda Forisfacta vel Forisfacienda vel existentia quecunque.

Et etiam de Bonis, Debitis et Catallis quarumcunque aliarum personarum Felonum de se, et Cujuslibet alterius Felonis de se infra Jurisdictionem maritimam predictam repertis seu reperiendis aut Contingentibus quibuscunque.

Et præterea tam de Bonis, Debitis et Catallis quorumcunque aliorum Proditorum, Felonum et Homicidarum ubicunque locorum delinquentium infra Jurisdictionem predictam.

Ac de bonis, debitis et Catallis Manutenentium, Accessariorum Consulentium Auxiliantium sive existentium135 Et de bonis, debitis et Catallis Quorumcunque Fugitivorum Attinctorum, Damnatorum Utlegatorum vel in exigendam pro prodicione Felonia Homicidio vel Murdro, seu aliquo alio offenso quocunque, aut Delicto qualitercunque positorum sive ponendorum.

Ac etiam de bonis Waviatis Flotson, Jetson, Lagon, Shares, Thesauro invento seu inveniendo Deodandis Ac de bonis Quorumcunque aliorum pro Derelictis habitis, seu habendis, seu casu fortuito reportis136 seu reperiendis, vel qu[a]litercunque debitis seu debendis Ac de omnibus aliis Casualibus, tarn in super, vel per mare, littoraque, Crecas, aut Costeras maris vel partes maritimas, quam in, super, vel per Aquas dulces, Portûs, Flumina publica, Rivos seu Crecas quascunque, aut loca superinundata infra Fluxum et Refluxum Maris seu Aquæ ad plenitudinem, aut super Littora, vel Ripas alicujus eorundem, a primis quibuscunque pontibus versus Mare qualitercunque quandocunque vel quomodocunque emergentibus contingentibus sive perveniendis quibuscunque vel ubicunque bona, debita, aut cetera premissa seu aliqua parcella eorundem infra Jurisdictionem maritimam Insulæ Barbadöe et aliorum locorum predictorum vel partium Insularium predictarum eisdem adjacentium reperiantur aut reperiri Contigerint.

Ac Insuper de Ancboragiis et Lastagiis, seu arenosa Navium Oneracione, et de Piscibus Regalibus videlicet Sturionibus, Balenis, Cetis, Porpesiis, Delphinis, Riggis et Graspetiis, et generaliter de singulis piscibus quibuscunque, magnam sive ingentem Crassitudinem, sive pinguedinem in se habentibus de jure vel Consuetudine supradicto Domino nostro Regi in dicto officio sue Admiralitatis Barbadöe predicte et aliorum locorum predictorum pertinentibus seu aliquo modo spectantibus eadem Wreccam Maris ac bona, debita et Catalla et cetera premissa omnia et singula, una cum omnibus et omnimodis Finibus, Mulctis, Exitibus, Forisfacturis, Amerciamentis Redempcionibus ac Recognicionibus quibuscunque Forisfacturis137 seu Forisfaciendis, et poenas138 Pecuniariis pro Transgressionibus, Delictis, Injuriis, Extortionibus Contemptibus et aliis Maleficiis quibuscunque vel pro aliqua alia re, materia seu Causa, quacunque impositis, vel inflictis, imponendis vel infligendis qualitercunque in dicta Insula Barbadöe, aut aliis Insulis Coloniis et Plantacionibus predictis; seu partibus maritimis earundem et earum cuilibet adjacentibus quibuscunque in Curia Admiralitatis Barbadöe et aliorum locorum predictorum tenta seu tenenda presentatis seu presentandis assidendis afferendis forisfaciendis seu adjudicandis: Ac etiam una cum Amerciamentis Exitibus, Finibus perquisitis, Mulctis et poenis pecuniariis quibuscunque ac forisfacturis quarumcunque, Recognicionum coram vobis vestrove Deputato vel Deputatis aut aliis Justitiariis prefati Domini nostri Regis seu Heredum et Successorum suorum Admiralitatis suæ Barbadöe predictæ et aliorum locorum predictorum vel tribus eorundem.

Ac139 omnia et singula Prodiciones, Roberias, Felonias, Murdra, Homicidia, Confederaciones, ac alia Offensa, Transgressiones, Contemptus Misprisiones Spoliaciones et Maleficia infra Jurisdiccionem maritimam predictam commissis,140 sive committenda per Litteras ejusdem Domini Regis Commicionales Patentes Hæredum vel Successorum suorum juxta Statuta inde edita et Provisa et Consuetudines receptas in Curia principali dicti Domini Regis suæ Admiralitatis predicte sub magno Sigillo Angliæ factas et faciendas in dicta Insula Barbadöe et aliis locis predictis et partibus maritimis eorundem, vel earum141 cuilibet adjacentibus quibuscunque. Audiendum et Terminandum assignatis seu assignandis contingentibus impositis aut imponendis vel infligendis seu aliquo alio modo, occasione premissorum predicto Domino nostro Regi vel Hæredibus seu Sucessoribus suis in ea parte qualitercunque debitis sive debendis quibuscunque, petendum exigendum levandum capiendum colligendum excipiendum et obtinendum.

Ac ad usum prefati Domini Regis et officii Magni Admiralli sui predicti pro tempore existentis Custodiendum et servandum.

Ac insuper Recognitiones, Cautiones, Obligaciones, et Stipulaciones quascunque tam ad usum prefati Domini nostri Regis quam nostrum, vel ad quarumcunque partium instantiam pro Convencionibus, seu Debitis, ac aliis Causis quibuscunque capiendum easque. Execucioni ponendum et exequi faciendum et mandandum.

Nec non Naves, personas, res, bona, merces et Mercemonia quæcunque pro premissis et eorum quolibet, ac aliis Causis quibuscunque ea concernentibus ubicunque locorum in dicta Insula Barbadöe et aliis locis predictis, vel partibus maritimis eorundem, vel eorum cuilibet adjacentibus quibuscunque, infra Libertates et Franchesias seu extra, fuerint inventa seu reperta.

Atque etiam pro aliis Convenc[i]o[n]ibus, Causis seu Delictis quibuscunque qualitercunque contractis sive emergentibus Dummodo Bona et persone Debitorum reperiantur infra Jurisdiccionem predictam juxta leges civiles et Maritimas ac Consuetudines in Curia Admiralitatis Domini nostri Regis receptas et usitatas realiter Arrestandum vel Arrestari faciendum et mandandum, Ipsasque cum suis Emergentibus Dependendis142 Incidentibus Annexis et Connexis, Causis et Negotiis, quibuscunque, una cum cæteris causis civilibus et maritimis, atque Querelis contractis, et aliis premissis omnibus et singulis quibuscunque superius respective expressis juxta leges et Consuetudines predictas ac aliis viis, modis et mediis legitimis, quibus melius sciveris aut poteris Audiendum Examinandum Discutiendum et Fine debito Terminandum.

Ac personas quascunque in ea parte prout Casus exiget respondere cum cujuslibet Coercionis Temporalis alteriusque poenæ et Mulctæ, Potestates143 juxta leges, et Consuetudines predictas Compellandum ad Justitiam faciendam et Administrandam. Et etiam non servato Juris Ordine, seu velo levato sine strepitu ac Figura Judicii sola facti, et rei veritate inspecta procedendum Reosque, ac Contemptores, ac Juris seu Jurisdiccionis prefati Domini Regis sue Admiralitatis Barbadöe et aliorum locorum predictorum Violatores Usurpatores Delinquentes et Contumaciter absentes, Naucleros Marinarios, Remiges Piscatores Naupegos, et alios Operarios, et expertos quoscunque res Nauticas exercentes quascunque tam iuxta et secundum dictas Leges civiles, et maritimas, et Consuetudines et Ordinaciones predictas et eorum Demerita quam juxta leges et secundum Statuta et Ordinaciones supradicti Domini nostri Regis et Regni sui Angliæ predictæ in ea parte edita et provisa. Ac Potestate nobis in hac parte concessa Mulctandum Corrigendum Puniendum Castigandum et Reformandum ac in quibuscunque Carceribus infra Insulam Barbadöe, et alia loca predicta et loca maritima eorundem vel earum144 cuilibet adjacentia ac existentia Incarcerandum et Incarcerari faciendum et mandandum Incarceratosque quoscunque in ea parte qui deliberandi fuerint, deliberandum, et penitus exonerandum et exonerari faciendum et mandandum.

Fluminaque publica, Portus, Rivosque et Aquas dulces et Crecas quæcunque infra Jurisdiccionem maritimam predictam ubicunque locorum in predicta Insula Barbadöe, et aliis locis predictis, et partibus Maritimis eorundem et eorum cuilibet adjacentibus quibuscunque existentia pro Conservacione tam Classis Regiæ Majestatis, et Classium et Navigiorum Regnorum et Dominiorum, suorum, quam Piscium in iisdem Fluminibus et locis predictis crescentium quorumcunque.

Nec non Ordinaciones, et Statuta prefati Domini nostri Regis, et Regni sui Angliæ prædictæ quecunque in ea parte edita et provisa juxta, et secundum potestatem nobis in ea parte factam in dicta Insula Barbadöe et aliis Insulis, Coloniis et Plantationibus predictis, et partibus maritimis et Insularibus eorundem145 et earum cuilibet adjacentibus quibuscunque conservandum et exequi, et conservari faciendum et mandandum Omniaque et singula alia faciendum exercendum expediendum et exequendum in premissis, et eorum quolibet, pröut de jure, vel secundum Leges, Statuta et Ordinaciones predictas fuerint facienda.

Ac insuper Retia nimis stricta, et alia Ingenia, sive Instrumenta quecunque illicita circa prensione[m] piscium ubicunque locorum per Mare, aut Flumina publica, Portûs, Rivos, Aquas dulces, seu Crecas per predictam Insulam Barbadöe et alios locos predictos, et partes maritimas, eorundem, vel eisdem146 cuilibet adjacentes quascunque infra Jurisdiccionem predictam ubicunque locorum per aquam occupata seu exercita, ac exercitatores sive occupatores earum147 juxta dicta Statuta et Ordinaciones prefati Domini nostri Regis et Regni sui Anglie predicte in Contrarium edita et provisa puniendum corrigendum et reformandum Sententiasque et Decreta quecunque Fulminandum Promulgandum et Interponendum eosque148 Execucioni Demandandum cum Cognicione et Jurisdiccione quarumcunque aliarum Causarum civilium et Maritimarum, que sunt maris, vel maris pertransitum, sive passagium, aut Iter Navale, sive Viagium Maritimum vel Jurisdiccionem Maritimam supradictam, seu loca, vel limites Admiralitatis prefatæ; Domini nosiri Regis antedicti ad149 Cognicionem predictam ac alia quecunque expedita vel expedienda quovismodo concernunt seu respiciunt Etiam cum potestate, ad procedendum in eisdem iuxta leges civiles, et Maritimas, et Consuetudines in Curia predicta receptas, et usitatas, tarn ex officio mero, mixto et promoto quam ad alicujus partis Instantiam pröut Casus exigit,150 et expediens visum fuerit.

Etiam cum Cognicione et Decisione de Wrecco Maris magno seu parvo, ac de Morte, Submersione, et Visu Corporum mortuorum quarumcunque personarum in Mare, vel Fluminibus publicis, Portubus, Aquis dulcibus, seu Crecis quibuscunque infra Fluxum et Refluxum Maris et Aquæ ad plenitudinem [per] predictam Insulam Barbadöe, et alios locos predictos et partes maritimas earundem et earum151 alicui adjacentes quascunque, vel alibi infra Jurisdiccionem predictam qualitercunque interfectarum sive submersarum aut Interficiendarum, seu submergendarum, sive Murderatarum vel Murderandarum, aut aliquo alio modo ad mortem devenientium Nec non unacum Custodia, et Conservacione Statutorum hujus Regni Anglie de Wrecco maris, et de officio Coronatoris annis Tercio et Quarto Edwardi primi Atque Statuti de bonis spoliatis super Mare &c^a Anno Vicessimo Septimo Edwardi 3^ti Quondam Regum Anglie, respective editorum et provisa.152

Ac unacum Cognicione de Mahemio in locis predictis infra Jurisdiccionem, ac Fluxum et Refluxum Maris et Aquæ ibidem contingente Cum Potestate etiam Puniendi Delinquentes in ea parte quoscunque juxta Juris exigentiam, et Consuetudinem Curiæ Principalis Admiralitatis predicte, cæteraque omnia et singula quæ in Premissis tantum et circa ea necessaria fuerint, seu quomodolibet opportuna, juxta et secundum leges civiles et maritimas, ac Statuta et Ordinaciones predictas, atque Stylum morem et Consuetudinem Curiæ Principalis predicti Domini nostri Regis suæ Admiralitatis Barbadöe, et aliorum locorum predictorum, et secundum Tenorem Litterarum Patentium prefati Domini nostri Regis nobis inde concessarum; Quatenus Vice Admiralli officium concernunt et non aliter (Quarum quidem Litterarum Patentium Copia presentibus est Annexa) faciendum exercendum et exequendum Tibi de Cujus Fidelitate et Circumspectione Industria plurimum in hac parte confidimus, Vices et Authoritates nostras in dicta Insula Barbadöe et in aliis Insulis Coloniis et Plantacionibus predictis et partibus Maritimis et Insularibus eorundem. et eorum153 cuilibet adjacentibus quibuscunque.

Atque etiam per omnia, et singula Littora Maris, Flumina publica, Portûs, Rivos, Aquas dulces, Crecas et brachia tam Maris quam Fluminum, et Costeras quascunque ejusdem Insulæ Barbadöe et aliorum locorum predictorum et partium Maritimarum et Insularium earundem et earum154 cuilibet adjacentium quarumcunque infra Libertates et Franchesias ac extra Committimus per presentes ac Concedimus cum Potestate alium vel alios Deputatum sive Deputatos quoties tibi expediens visum fuerit loco tuo in premissis Deputandi et Surrogandi.

Ac etiam cum potestate quoscunque Officiarios et Ministros pro dicto Officio et Exercitio ejusdem in dicta Insula Barbadöe et in aliis locis predictis, et partibus maritimis et Insularibus eorundem et eorum cuilibet adjacentibus quibuscunque sub Te necessarios, idoneos et opportunos (Judice Registrario et Mareschallo semper exceptis) de tempore in tempus nominandi preficiendi ordinandi assignandi et constituendi. Salvo semper Jure nostro Supremæ Admiralitatis dicte Insule Barbadöe, et aliarum Insularum Coloniarum et Plantationum predictarum cui in aliquo Derogare Nolumus per presentes, Et salvo Jure Cujuscunque Ledendi et Gravandi per aliquam Sententiam Definitivam sive Decretum interlocutorium in Curia Admiralitatis predicte. Ad nos vel nostrum Locum Tenentem Commissarium Generalem vel specialem per Nos constitutum vel constituendum Appellandi. Teque prefatum Gulielmum Baronem Willoughby, Vice Admirallum Commissarium et Deputatum nostrum in officio Vice Admiralitatis in, ac per totam Insulam Barbadöe et alias Insulas, Colonias et Plantaciones predictas, ac partes Maritimas et Insulares earundem, et earum cuilibet adjacentes quascunque.

Necnon una cum omnibus et singulis Feodis, proficuis, Advantagiis, Emolumentis, Commoditatibus et pertinentibus quibuscunque eidem officio Vice Admiralli, Commissarii, vel Deputati in dicta Insula Barbadöe et aliis locis predictis, et partibus maritimis et Insularibus eorundem et eorum cuilibet adjacentibus quibuscunque, juxta Ordinaciones et Statuta dictæ Curiæ Principalis Domini nostri Regis suæ Admiralitatis Angliæ debitis, et spectantibus Ordinamus preficimus et Deputamus per presentes ad nostrum tantummodo bene Placitum duraturas.

Proviso tamen semper, et sub hac Lege et Condicione Quod si tu prefatus Gulielmus Baro Willoughby Nos seu Locum Tenentem nostrum et Commissarium nostrum Generalem vel specialem per Nos Constitutum vel Constituendum de omni eo quod de tempore in tempus Vigore presentium Feceris, executus fueris Colligeris aut receperis in premissis vel premissorum aliquo Annuatim videlicet in Fine cujuslibet Anni inter Festa Sancti Michaelis Archangeli et Omnium Sanctorum aut eo circiter et quanto citius per loci distantiam, et Maris et Ventorum Incertitudinem commode fieri poterit, Cum ploeno tuo super inde Computo sub Authentica Forma faciendo et Sigillo Officii predicti in Custodia tua remanente Sigillando debitè non Certificaveris et Certiorem reddi Feceris cum effectu, Extunc et post Defaltam in ea parte hujusmodi Littere nostre Patentes de officio Vice Admiralitatis tibi ut prefertur concessæ vacuæ et irritæ erunt, nulliusque roboris, aut effectûs.

Mandantes Insuper ex parte Serenissimi Domini Regis et ejus Authoritate per Celsitudinem suam nobis in premissis circa debitam Execucionem eorundem Concessa: —Omnibus et Singulis Proceribus, Justitiariis, Majoribus, Vice-Comitibus, Capetaneis, Senescallis, Ballivis et Custodibus Gaolarum et Carcerum ipsius Domini Regis quorumcunque vel Constabulariis ceterisque Ministris et Fidelibus Subditis et Legeis suis quibuscunque et eorum cuilibet tarn infra Libertates et Franchesias quam extra Quod Tibi Deputato Tuo cuicunque aliisque officiariis ejusdem Domini nostri Regis sue Admiralitatis, in dicta Insula Barbadöe, et aliis locis predictis, et partibus Maritimis et Insularibus, earundem et earum155 Cuilibet Adjacentibus quibuscunque per te assignatis sive assignandis circa execucionem premissorum et eorum Cujuslibet Intendentes, Faventes, Auxiliantes, parentes et pariter obedientes sint in omnibus prout decet, sub poenâ Contemptûs Litterarum Patentium Ipsius Domini Regis, et Regie sue Majestatis, ac premissorum omnium et singulorum Nobis per easdem Litteras Patentes factorum et concessorum ac periculo Incumbente. Dabantur apud Whitehall sub Sigillo nostro Admiralitatis, Anchoram Representante quo in hac parte utimur, Vicessimo sexto die Januarii Anno Domini Millessimo Sexcentessimo Sexagesimo Sexto Annoque Regni Serenissimi Domini nostri Caroli Secundi Dei Gratia Magnæ Britanniæ, Franciæ et Hiberniæ Regis Fidei Defensoris &c^a Decimo Octavo.156

JAMES

By Command of his Royall Highnesse.

William Coventry

Ex^d.

— Public Record Office, Colonial Office, Class 29, No. 1, pp. 88–98.

THOMAS GAGE’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

7 April, 1774

George the third by the Grace of God of Great Britain France and Ireland king Defender of the Faith &c^a To Our Trusty and Wellbeloved Thomas Gage Esquire Lieutenant General of our Forces Greeting

Whereas by a Royal Charter under the Great Seal of England bearing date the Seventh day of October in the third year of the Reign of King William the third the Colony of the Massachusets Bay the Colony of New Plymouth the Province of Main in New England the Territory of Accadie or Nova Scotia and the Lands lying between the said Territory of Nova Scotia and the Province of Main aforesaid were united Erected and Incorporated into one real Province by the Name of our Province of the Massachusets Bay in New England and His said Majesty did thereby grant to our Loving Subjects the Inhabitants of our said Province or Territory of Massachusets Bay in New England and their Successors that there should be a Governor or Lieutenant Governor and Secretary of Our said Province and Territory to be from time to time Appointed and Commissionated by the said King William His Heirs and Successors with several priviledges Franchises and Immunities thereby granted to our said loving Subjects And Whereas wee did by Our Letters Patent under Our Great Seal of Great Britain bearing date at Westminster the Twenty fourth127 day of November in the Eleventh year of Our Reign Constitute and appoint Thomas Hutchinson Esquire Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England for and during our Will and Pleasure as by the said recited Letters Patent relation being thereunto had may more fully and at large appear Now Know You that Wee have revoked and determined and by these Presents Do revoke and determine the said recited Letters Patent and every Clause Article and thing therein Contained And further Know You that Wee reposing Especial Trust and Confidence in the Prudence Courage and Loyalty of you the said Thomas Gage of our Especial Grace certain knowledge and mere motion have thought fit to Constitute and Appoint and by these presents do constitute and appoint you the said Thomas Gage to be Our Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England and for your better Guidance and Direction Wee do hereby require and Command you to do 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 mentioned in the said Charter and in these Presents and such further powers Instructions and Authorities as you shall receive or which shall at any time hereafter be granted or appointed you under Our Sign Manual and Signet or by Our Order in Our Privy Council in pursuance of the said Charter and According to such reasonable Laws and Statutes as are now in force of which hereafter shall be made and agreed upon in such manner and form as by the said Charter is directed And Our Will and Pleasure is that you the said Thomas Gage after the publication of these our Letters patent Do in the first place take the Oaths Appointed to be taken by an Act passed in the first year of the Reign of King George the First Intituled (An Act for the further Security of His Majestys Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors) and by an Act passed in the Sixth year of Our Reign Intituled (An Act for Altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the seventh year of her late Majesty Queen Ann Intituled An Act for the Improvement of the Union of the two Kingdoms as after the time therein limitted requires the delivery of Certain Lists and Copies therein mentioned to Persons Indicted of High Treason or Misprision of Treason) As also that you make and subscribe the Declaration mentioned in An Act of Parliament made in the Twenty fifth year of the Reign of King Charles the Second Intituled (An Act for preventing danger[s] which may happen from Popish Recusants) and likewise that you take the usual Oath for the due Execution of the Office and Trust of our Captain General and Governor in Chief in and over our said Province as well with regard to the due and impartial administration of Justice as otherwise and further that you take the Oath required to be taken by Governors of plantations to do their utmost that the several Laws relating to Trade and the Plantations be observed which said Oaths and Declaration Our Council of Our said Province or any three of the Members thereof have hereby full Power and Authority and are required to Tender and Administer unto you and in your absence to Our Lieutenant Governor of Our said Province if there be any upon the place all which being duly performed You shall administer to each of the Members of Our said Council And to Our said Lieutenant Governor if there be any upon the place the Oaths mentioned in the said Act[s] Intituled (An Act for the further Security of His Majesty’s person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants And for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors) and (an Act for Altering the Oath of Abjuration And the Assurance and for Amending so much of an Act of the Seventh year of her late Majesty Queen Anne Intituled An Act for the Improvement of the union of the two kingdoms as after the time therein limitted requires the Delivery of certain Lists and Copies [therein mentioned] to persons Indicted of High Treason or Misprision of Treason) [As] [and] also Cause them to make and Subscribe the aforementioned Declaration and administer to them the Oath for the due Execution of their places and Trusts You shall also administer or Cause to be Administered unto [all] the Members that shall be Elected to serve in the General Assembly of Our said Province the Oaths mentioned in the said Acts Intituled (An Act for the [further] [better] Security of his Majesty’s person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the Hopes of the pretended Prince of Wales and his open and Secret abettors) and (An Act for Altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the Seventh year of her late Majesty Queen Anne Intituled An Act for the Improvement of the union of the two Kingdoms as after the time therein Limitted requires the Delivery of certain Lists and Copies therein mentioned to persons Indicted of High Treason [or] [and] Misprision of Treason) and likewise Cause them to make and Subscribe the aforementioned Declaration and until the same shall be so taken and subscribed no person shall be capable of Sitting though Elected Our further Will and Pleasure is that you shall and may keep and use the public Seal of Our said Province for sealing all things whatsoever that pass the Great Seal of Our said Province under Your Government And We do hereby Give and Grant unto You full Power and Authority where you shall see Cause and shall Judge any Offender [or] [and] Offenders in Capital or Criminal matters or for any Fines [or] [and] Forfeitures due unto Us fit Objects of our Mercy to pardon all such Offenders and to remit such Fines and Forfeitures Treason[s] and Wilfull Murder only excepted In which case[s] 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 known And we do hereby Give and Grant unto You the said Thomas Gage by yourself or your Captains and Commanders by You to be Authorized full power and Authority to Levy arm Muster Command and employ all persons whatsoever residing within our said Province and Territory of the Massachusets Bay in New England and as occasion shall require to March them from one place to another or to Embark them for resisting [or] [and] withstanding of all Enemies Pirates and Rebels both at Land and Sea and such Forces with their Own Consent or with the Consent of Our Council and Assembly to Transport to any of Our Plantations in America as occasion shall require for the defence of the same against the Invasion or Attempts of any of Our Enemies and such Enemies Pirates and Rebels if Occasion shall require to pursue and prosecute in or out of the Limits 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 Law to put to Death or Keep and preserve alive at your Discretion Wee further Give and Grant unto you full power and Authority to Erect raise and build within Our Province and Territory aforesaid such and so many Forts Platforms Castles and Fortifications as you shall judge Necessary And the same or any of them to Fortify and furnish with Ordnance Ammunition and all Sorts of Arms fit and necessary for the Security and defence of Our said Province and from time to time to committ the Government of the same to such person or persons as to you shall seem meet and the said Forts and Fortifications again to demolish or dismantle as may be most Convenient And to do and Execute all and every other thing or things which to a Captain General doth or ought of right to belong as fully and amply as any other Our Captain General doth or hath usually done According to the powers hereby Granted or to be Granted to you And Wee do hereby Give and Grant unto you the said Thomas Gage full Power and Authority to Constitute and appoint Captains Lieutenants Masters and other Commanders and Officers of Ships and to Grant unto such Captains Lieutenants Master and other Commanders and Officers of Ships Commissions to Execute the Law Martial according to the directions of an Act passed in the Twenty Second year of the Reign of Our late Royal Grandfather Intituled (An Act for Amending [and] explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majestys Ships Vessels and Forces by Sea) and to use such Proceedings Authorities Punishments [and] Corrections and Executions upon any Offender or Offenders who shall be Mutinous Seditious disorderly or any way unruly either at Sea or during the time of their abode or residence in any of the Ports Harbours or Bays of Our said Province [and] [or] Territories as the cause shall be found to require according to Martial Law and the said directions during the time of War as aforesaid Provided that nothing herein contained shall be construed to the Enabling you or any by your Authority to Hold Plea or have Jurisdiction of any Offence Cause matter or thing Committed or done upon the High Sea or within any the [Havens] [harbours] Rivers or Creeks of Our said Province or Territory under your Government by any Captain Commander Lieutenant Master or other Officer Seaman Soldier or other person whatsoever who shall be in Actual Service and pay in or on board any of Our Ships of War or other Vessels Acting by Immediate Commission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty but that such Captain Commander Lieutenant Master Officer Seaman Soldier or other person so offending shall be left to be proceeded against and tryed as the merit[s] of their Offence[s] shall require either by Commission under Our Great Seal of Great Britain as the Statute of the Twenty eighth of [Henry] [Harry] the Eighth directs or by Commission from Our said Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being according to the aforementioned Act for amending Explaining and reducing into one Act of Parliament the Law[s] relating to the government of his Majestys Ships Vessels and Forces by Sea and not otherwise Provided also that all disorders and Misdemeanors Committed on Shore by any Captain Commander Lieutenant Master or other officer Seaman, Soldier or other person whatsoever belonging to any of Our Ships of War acting by immediate Commission or Warrant from our Commissioners for Executing the Office of Our High Admiral, or from Our High Admiral of Great Britain for the time being [under] the Seal of Our Admiralty may be Tryed and punished according to the Laws of the Place where any such Disorders Offences and Misdemeanors shall be committed on Shore Notwithstanding such Offender [shall] be in Our actual Service and borne in Our Pay on board any such Our Ships of War or other Vessels Acting by immediate Commission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of Justice for such Offence[s] Committed on Shore from any pretence of his being employ’d in Our Service at Sea And further Our Will and Pleasure is that you shall not at any time hereafter by Colour of any power or Authority hereby Granted or mentioned to be Granted take upon you to Give Grant or Dispose of any Office or Place within Our said Province or Territory which now is or shall be Granted under the Great Seal of Great Britain any further than that you may upon the Vacancy of any such Office or Suspension of any Officer by you put in any person to Officiate in the Interval untill the said place be disposed of by Us Our Heirs or Successors under the Great Seal of Great Britain or that Our Directions be otherwise Given therein And Wee do hereby require and Command all Officers and Ministers Civil and Military and all other the Inhabitants of Our said Province and Territory to be obedient aiding and Assisting unto You the said Thomas Gage in the Execution of this Our Commission and of the Powers and Authorities therein contained and in Case of your Death or Absence out of Our said Province and Territory to be obedient aiding and Assisting unto such person as shall be Appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territory to whom Wee do therefore by these presents Give and Grant all and Singular the powers and Authorities herein Granted to be by him Executed and enjoyed during Our Pleasure or Until your Arrival within Our said Province and if upon your death or absence out of our said Province there be no person upon the place Commissionated or Appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territory Our Will and Pleasure is that Our Council of Our said Province for the time being do take upon them the Administration of the Government and Execute Our said Commission and Instructions and the several Powers and Authorities therein Contained in the same manner and to all intents and purposes as Our Governor or Commander in Chief of Our said Province and Territory should or Ought to do in Case of your Absence until your Return or in all [other] cases until Our further pleasure be known therein and that in such Case the Eldest Councillor present at each meeting of the said Council shall always preside therein And Our Pleasure is that you the said Thomas Gage shall and may hold Execute and enjoy the Office and place of Our Captain General and Governor in Chief in and Over Our said Province and Territory of the Massachusets Bay in New England with all and Singular the powers and authorities hereby Granted to you for and during Our Will and Pleasure And Whereas there are divers Colonies Adjoining to Our Province of the Massachusets Bay for the Defence and Security whereof it is requisite that due Care be taken in the time of War Wee have therefore thought it further Necessary 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 Thomas Gage to be Our Captain General and Commander in Chief of the Militia and of all the Forces by Sea and Land within our Colonies of Rhode Island and Providence Plantation the Narraganset Country or King’s Province and of all Our Forts and places of strength within the same in time of War or Emminent Danger and for the better ordering Governing and ruling Our said Militia and all Our Forces Forts and places of Strength within [Our] [the] said Colonies of Rhode Island and Providence Plantation[s] and the Narraganset Country or Kings Province We do hereby Give and Grant unto you the said Thomas Gage and in your absence to our Lieutenant Governor or Commander in Chief of Our said Province of [the] 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 Thomas Gage And in Your Absence from Our Territory and Dominion of New England by Our said Lieutenant Governor or Commander in Chief 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 Country or Kings Province during the time of War or imminent Danger aforesaid In Witness [&c] [whereof We have caused these Our Letters to be made Patent] Witness Ourself at Westminster the seventh day of April [In the fourteenth year of Our Reign]

By Writ of Privy Seal

[YORKE]

[(Great Seal of England appending)]

— Public Record Office, Patent Roll, 14 George III, Part 3, No. 15. Compared with the record of Royal Commissions (Crown Commissions, 1677–1774, pp. 137–142) in the office of the Secretary of the Commonwealth.128

THOMAS HUTCHINSON’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

28 November, 1770

George the Third by the Grace of God of Great Britain France and Ireland king Defender of the Faith &c To Our Trusty and Welbeloved Thomas Hutchinson Esquire Greeting

Whereas by a Royal Charter under the Great Seal of England bearing date the Seventh day of October in the Third year of the Reign of King William the Third the Colony of the Massachusets Bay the Colony of New Plymouth the Province of Main in New England The Territory of Accadie or Nova Scotia and the Lands lying between the said Territory of Nova Scotia and the Province of Main aforesaid were united erected and incorporated into One Real Province by the name of Our Province of the Massachusets Bay in New England and his said Majesty did thereby grant to our loving Subjects the Inhabitants of Our said Province or Territory of the Massachusets Bay in New England and their Successors that there should be a Governor [or] [a] Lieutenant Governor and Secretary of Our said Province and Territory to be from time to time appointed and commission[at]ed by the said King William [the third] [his Heirs] & Successors with several privileges Franchises and immunities thereby granted to Our said loving Subjects and Whereas We did by Our Letters Patent under Our Great Seal of Great Britain bearing date at Westminster the fourth day of April in the first year of Our Reign Constitute and Appoint Francis Bernard Esquire Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England for and during Our Will & Pleasure as by the said recited Letters Patent (relacon̄ being thereunto had) may more fully and at large Appear Now Know you that We have revoked and determined and by these Presents do revoke and determine the said recited Letters Patent and every Clause Article and thing therein contained And further Know you that We reposing especial Trust and Confidence in the Prudence Courage and Loyalty of you the said Thomas Hutchinson of our especial grace certain knowledge and mere Motion have thought fit to Constitute and Appoint [& by these presents do constitute and appoint] You the said Thomas Hutchinson to be Our Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England And for your better Guidance and Direction We do hereby require and command You to do and execute all things in due manner that shall belong unto the Trust We have reposed in You according to the several Powers and Authorities mentioned in the said Charter and in these Presents and such further Powers Instructions and Authorities as you shall receive or which shall at any time hereafter be granted or appointed you under Our Sign Manual and Signet or by Our Order in Our Privy Council in Pursuance of the said Charter and according to such reasonable Laws and Statutes as are now in force or which hereafter shall be made and agreed upon in such manner and form as by the said Charter is directed And Our Will and pleasure is that you the said Thomas Hutchinson after the Publication of these Our Letters Patent do in the first place take the Oaths appointed to be taken by an Act passed in the first year of the Reign of King George the First Intituled An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors And by an Act passed in the Sixth year of Our Reign Intituled an Act for altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the Seventh year of her late Majesty Queen Anne Intituled An Act for the Improvement of the Union of the two Kingdoms as after the time therein limitted require[s] [d] the Delivery of certain Lists and Copies therein mentioned to Persons Indicted of High Treason or misprision of Treason As also that you make and subscribe the Declaration mentioned in an Act of Parliament made in the Twenty fifth year of the Reign of King Charles the second intituled an Act for preventing Dangers which may happen from Popish Recusants And likewise that you take the usual Oath[s] for the due Execution of the Office and Trust of Our Captain General and Governor in Chief in and over Our said Province as well with regard to the due and impartial Administration of Justice as otherwise and further that you take the Oath required to be taken by Governors of Plantations to do their utmost that the several Laws relating to Trade and the Plantations be observed Which said Oaths and Declaration Our Council of Our said Province or any three of the Members thereof have hereby full Power and Authority & are required to tender and administer unto you and in your Absence to Our Lieutenant Governor of Our said Province if there be any upon the Place all which being duly performed You shall administer to each of the Members of Our said Council and to Our said Lieutenant Governor if there be any upon the place the Oaths mentioned in the said Acts intituled An Act for the further Security of His Majesty’s Person and Government and the Succession of the crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors and an Act for altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the Seventh year of her late Majesty Queen Anne intituled an Act for the Improvement of the Union of the two Kingdoms as after the time therein limitted require[s] [d] the Delivery of certain Lists and Copies therein mentioned to persons Indicted of High Treason or Misprision of Treason As also cause them to make and subscribe the aforementioned Declaration and administer to them the Oath for the due Execution of their Places and Trusts You shall also administer or cause to be administred unto all the Members that shall be elected to serve in the General Assembly of Our said Province the Oaths mentioned in the said Acts Intituled An Act for the further Security of His Majesty’s person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors and An Act for altering the Oath of Abjuration and the Assurance and for [the] amending so much of an Act of the Seventh year of her late Majesty Queen Anne Intituled An Act for the Improvement of the Union of the two Kingdoms as after the time therein limitted require[s] [d] the delivery of certain Lists and Copies therein mentioned to persons Indicted of High Treason or Misprision of Treason And likewise cause them to make and subscribe the aforementioned Declaration and untill the same shall be so taken and subscribed no person shall be capable of sitting though Elected Our [further] Will and Pleasure is that you shall and may keep and use the publick Seal of Our said Province for sealing all things whatsoever that pass the Great Seal of Our said Province under [your] [our] Government And We do hereby give and grant unto You full power and Authority where you shall see cause and shall judge any Offender or Offenders in Capital or Criminal Matters or for any Fines or Forfeitures due unto Us fit Objects of Our Mercy to pardon all such Offenders and to remit such Fines [and] [or] Forfeitures Treason [s] and wilfull Murder only excepted in which cases You shall likewise have power upon extraordinary Occasions to grant Reprieves to the Offenders therein to the End and until Our pleasure shall be further known And We do hereby give and grant unto you the said Thomas Hutchinson by Yourself or by Your Captains and Commanders by you to be authorized full power and Authority to levy Arm muster command and employ all persons whatsoever residing within Our said Province and Territory of the Massachusets Bay in New England and as occasion shall require to march them from one place to another or to embark them for resisting and withstanding of all enemies Pirates and Rebels both at Land and Sea and such Forces with their own Consent or with the Consent of Our Council and Assembly to transport to any of Our Plantations in America as occasion shall require for the Defence of the Same against the Invasion or Attempts of any of Our Enemies and such Enemies Pirates and Rebels if Occasion shall require to pursue and prosecute in or out of the Limits 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 Law to put to death or keep and preserve alive at your Discretion We do further give and grant unto You full Power and Authority to erect raise and build within Our Province and Territory aforesaid such and so many Forts Platforms Castles and Fortificacons as you shall judge necessary and the same or any of them to fortify and furnish with Ordnance Ammunition and all sorts of Arms fit and necessary for the Security and defence of Our said Province and from time to time to commit the Government of the same to such person or persons as to You shall seem meet And the said Forts and Fortifications again to demolish or dismantle as may be most convenient and to do and execute all and every other thing or things which to a Captain General doth or ought of right to belong as fully and amply as any other Our Captain General doth or hath usually done according to the powers hereby granted or to be granted to you And We do hereby give and grant unto you the said Thomas Hutchinson full power and authority to constitute and Appoint Captains Lieutenants Masters and other Commanders and Officers of Ships and to grant unto such Captains Lieutenants Masters and other Commanders and Officers of Ships Commissions to execute the Law Martial according to the directions of an Act passed in the Twenty second year of the Reign of Our late royal Grandfather Intituled an Act for amending explaining and reducing into One Act of Parliament the Laws relating to the Government of his Majesty’s Ships Vessels and Forces by Sea and to use such Proceedings Authorities Punishments Corrections & Executions upon any Offender or Offenders who shall be mutinous seditious disorderly or any way unruly either at Sea or during the time of their Abode or residence in any of the Ports Harbours or Bays of Our said Province [and] [or] Territory as the cause shall be found to require according to [Martial] [marshall] Law and the said Directions during the time of War as afores^d Provided that nothing herein contained shall be construed to the enabling you or any by your Authority to hold Plea or have Jurisdiction of any Offence Cause matter or thing committed or done upon the High Sea or within any the [Havens] [Harbours] Rivers or Creeks of Our said Province or Territory under Your Government by any Captain Commander Lieutenant Master or other Officer Seaman [or] Soldier or other Person whatsoever who shall be in actual Service and Pay in or on board any of Our Ships of War or other Vessels acting by immediate Comic͞on or Warrant from Our Commissioners for executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty but that such Captain Comander Lieutenant Master Officer Seaman Soldier or other Person so Offending shall be left to be proceeded against and tryed as the Merit of their Offence[s] shall require either by Commission under Our Great Seal of Great Britain as the Statute of the Twenty Eighth of Henry the Eighth directs or by Commission from Our said Comic͞oners for Executing the office of Our High Admiral or from Our High Admiral of Great Britain for the time being according to the aforementioned Act for amending explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty’s Ships Vessels and Forces by sea and not otherwise Provided also that all Disorders and Misdemeanors committed on shore by any Captain Commander Lieutenant Master [or] [and] other Officer Seaman Soldier or other person whatsoever belonging to any of Our Ships of War acting by immediate Commission or Warrant from Our Comm^rs for executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be Tryed and punished according to the Laws of the place where any such Disorders Offences and misdemeanors shall [shall] be committed on Shore notwithstanding such Offender be in Our Actual Service and born in Our Pay on board [and] such Our ships of War or other Vessels acting by immediate Comission or Warrant from Our Commissioners for executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being as aforesaid [so as] [and] he shall not receive any protection for the avoiding of Justice for such offence[s] committed on shore from any pretence of his being employed in Our Service at Sea And further Our Will and Pleasure is that you shall not at any time hereafter by Colour of any Power or Authority hereby granted or mentioned to be granted take upon you to give grant or dispose of any Office or Place within Our said Province and Territory which now is or shall be granted under the Great Seal of Great Britain any further than that You may upon the vacancy of any such Office or suspension of any Officer by You put in any person to Officiate in the Interval until the said place be disposed of by us Our Heirs or Successors under the Great Seal of Great Britain or that Our Directions be otherwise given therein And We do hereby require and command all officers and Ministers Civil and Military And all other the Inhabitants of Our said Province and Territory to be obedient aiding and assisting unto you the said Thomas Hutchinson in the Execution of this Our Commission and of the Powers and Authorities therein contained And in case of your Death or Absence out of Our said Province and Territory to be obedient aiding and assisting unto such person as shall be appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territory to whom We do therefore by these presents give and grant all and singular the Powers and Authorities herein granted to be by him exe[cut][rcis]ed and enjoyed during Our Pleasure or until Your Arrival within Our [said] Province And if upon your Death or Absence out of Our said Province there be no person upon the place commissionated or appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territory Our Will and Pleasure is that Our Council of our said Province for the time being do take upon them the Administration of the Governm^t and execute Our said Com̄ission and Instructions and the several Powers and Authorities therein contained in the same manner and to all intents and purposes as Our Governor or Commander in Chief of Our said Province and Territory should or ought to do in case of Your Absence until Your Return or in all cases until Our further pleasure be known therein And that in such case the Eldest Councillor present at each Meeting of the said Council shall always preside therein And Our Pleasure is that you the said Thomas Hutchinson shall and may hold exe[cut][rcis]e and enjoy the Office and Place of Our Captain General and Governor in Chief in and over Our said Province and Territory of the Massachusets Bay in New England with all and singular the Powers and Authorities hereby granted unto you for and during Our Will and Pleasure And Whereas there are divers Colonies adjoining to Our Province of the Massachusets Bay for the Defence and Security whereof it is requisite that due Care be taken in the time of War We have therefore thought it further necessary for Our Service and for the better Protection and Security of Our Subjects inhabiting those parts to Constitute and Appoint And We do by these Presents Constitute and Appoint you the said Thomas Hutchinson to be Our Captain General and Commander in Chief of the Militia and of all the Forces by Sea and Land within Our Colonies of Rhode Island and Providence Plantation[s] the Narraganset Country or King’s Province and of all Our Forts and Places of Strength within the same in the time of War or imminent Danger And for the better Ordering Governing & ruling Our said Militia and all Our Forces Forts and Places of Strength within Our said Colonies of Rhode Island and Providence Plantation and the Narraganset Country or King’s Province We do hereby give and grant unto you the said Thomas Hutchinson and in Your Absence to Our Lieutenant Governor or Commander in Chief of Our said Province of [the] 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 Massachusets Bay to be Exercised by You the said Thomas Hutchinson and in your Absence from Our Territory and Dominion of New England by Our said Lieutenant Governor or Commander in Chief 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 Country or Kings Province during the time of War or imminent Danger as aforesaid In Witness [&c] [whereof We have caused these Our Letters to be made Patent] Witness Ourself at Westminster the twenty-eighth day of November [in the Eleventh year of Our Reign]

By Writt of Privy Seal

[YORKE]

[(Great Seal of England appending) Exam^d ꝑ Jn^O Cotton D. Sec͞r͞y]

— Public Record Office, Patent Roll, 11 George III, Part 2, No. 20. Compared with the record of Royal Commissions (Crown Commissions, 1677–177, PP. 118–123) in the office of the Secretary of the Commonwealth.126

FRANCIS BERNARD’S SECOND COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

4 April, 1761

George the Third by the Grace of God of Great Britain France and Ireland king Defender of the Faith &c To Our trusty and well beloved Francis Bernard Esquire Greeting

Whereas by a Royal Charter under the great Seal of England bearing date the seventh day of October in the Third year of the Reign of King William the Third the Colony of the Massachusets Bay the Colony of [New England] [Plymouth] the Province of Main in New England the Territory of Accadia or Nova Scotia and the Lands lying between the said Territory of Nova Scotia and the Province of Main aforesaid were united Erected and Incorporated into one Real Province by the Name of our Province of the Massachusets Bay in New England and His said Majesty did thereby grant to Our loving Subjects the Inhabitants of Our said Province or Territory of the Massachusetts Bay in New England and their Successors that there should be a Governor a Lieutenant Governor and a Secretary of Our said Province and Territory to be from time to time appointed and com̄issionated by the said King William his Heirs and Successors with several Privileges Franchises and Immunities thereby granted to Our said Loving Subjects And whereas Our late Royal Grandfather of blessed Memory did by his Letters Patent under the Great Seal of Great Britain bearing date at Westminster the fourteenth day of January in the thirty Third year of His Reign constitute and appoint you the said Francis Bernard Captain General and Governor in Chief in and over Our said Province of the Massachusetts Bay in New England for and during his late Majesty’s Will and Pleasure as by the said recited Letters Patent Relation being thereunto had may more fully and at large appear Now Know you that wee Have revoked and determined and by these presents do revoke and determine the said recited Letters Patent and every Clause Article and Thing therein contained And further Know you that Wee reposing especial Trust and Confidence in the Prudence, Courage and Loyalty of you the said Francis Bernard of Our especial Grace certain knowledge and meer Motion have thought fit to constitute and appoint and by these presents do constitute and appoint you the said Francis Bernard to be our Captain General and Governor in Chief in and over Our said Province of the Massachusetts Bay in New England and for your better guidance and direction Wee do hereby require and Command you to do and Execute all things in due manner that shall belong unto the Trust Wee have reposed in you according to the several Powers and Authorities mentioned in the said Charter and in these Presents and such further Powers Instructions and Authorities as you shall receive or which shall at any time hereafter be granted or appointed you under Our Sign Manual and Signet or by Our Order in Our Privy [Privy] Council in pursuance of the said Charter, and according to such reasonable Laws and Statutes as are now in force, or which hereafter shall be made and agreed upon in such manner and form as by the said Charter is directed And Our Will and Pleasure is that you the said Francis Bernard after the publication of these Our Letters Patent do in the first place take the Oaths appointed to be taken by an Act passed in the first year of the Reign of King George the first of blessed memory Entituled (an Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the Pretended Prince of Wales and his open and secret Abettors) as also that you make and subscribe the declaration mentioned in an Act of Parliament made in the Twenty Fifth Year of the Reign of King Charles the Second Intituled (An Act for preventing dangers which may happen from Popish Recusants) and likewise that you take the usual Oaths for the due Execution of the Office and Trust of Our Captain General and Governor in Chief in and over Our said Province as well with regard to the due and Impartial Administration of Justice as otherwise And further that you take the Oath required to be taken by Governors of Plantations to do their utmost that the several Laws relating to Trade and the Plantations be observed which said Oaths and Declaration our Council of Our said Province, or any three of the Members thereof have hereby full Power and Authority and are required to tender and administer unto you and in your Absence to Our Lieutenant Governor of Our said Province if there be any upon the Place All which being duly performed you shall administer to each of the Members of our said Council And to our said Lieu^t Governor if there be any upon the Place the Oaths mentioned in the said Act Intituled (An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the Pretended Prince of Wales and his open and secret Abettors) as also cause them to make and subscribe the [be]forementioned Declaration and to administer to them the Oath for the due execution of their Places and Trusts As also that you administer or cause to be administ[er]ed unto all the Members that shall be Elected to serve in the General Assembly of Our said Province the Oaths mentioned in the said Act Intituled (An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the Pretended Prince of Wales and his open and secret Abettors) and likewise cause them to make and subscribe the [a]forementioned Declaration and untill the same shall be so taken and subscribed no Person shall be capable of sitting tho’ Elected Our further Will and Pleasure is that you shall and may keep and use the Publick Seal of Our said Province for sealing all things whatsoever that pass the Great Seal of Our said Province under your Government And We do hereby give and grant unto you full Power and Authority where you shall see cause and shall Judge any Offender or Offenders in Capital or Criminal Matters or for any Fines or Forfeitures due unto Us fit 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 Cases to grant Reprieves to the Offenders therein To the End and untill Our Pleasure be further known And Wee do hereby give and grant unto you the said Francis Bernard by yourself or by your Captains and Com̄anders by you to be Authorized full Power and Authority to Levy Arm Muster Command and Employ all Persons whatsoever residing within Our said Province and Territory of the Massachusetts Bay in New England and as occasion shall require to March them from one place to another or to Embark them for resisting and withstanding all Enemies Pirates and Rebels both at Land and Sea and such Forces with their own Consent or with the Consent of Our Council and Assembly to transport to any of Our Plantations in America as occasion shall require for the defence of the same against the Invasion[s] or Attempts of any of Our Enemies and such Enemies Pirates and Rebels 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 to vanquish apprehend and take and being taken either according to Law to put to Death or 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 Platforms Castles and Fortifications as you shall Judge necessary And the same or any of them to Fortify and furnish with Ordnance Ammunition and all Sorts of Arms fit and necessary for the Security and Defence of Our said Province and from time to time to commit the Government of the same to such Person or Persons as to you shall seem meet and the said Forts and Fortifications again to demolish or dismantle as may be most convenient and to do and Execute all and every other Thing or Things which to a Captain General doth or ought of Right to belong as fully and amply as any other Our Captain General doth or hath usually done according to the Powers hereby granted or to be granted to you And Wee do hereby give and grant unto you the said Francis Bernard full Power and Authority to constitute and appoint Captains Lieutenants Masters and other Commanders and Officers of Ships and to grant unto such Captains Lieutenants Masters and other Commanders and Officers of Ships Comissions to Execute the Law martial according to the Directions of an Act passed in the twenty Second year of the Reign of Our late Royal Grandfather Intitled (An Act for amending Explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty’s Ships Vessels and Forces by Sea) and to use such Proceedings Authorities Punishments Corrections and Executions upon any Offender or Offenders who shall be mutinous Seditious disorderly or any way unruly either at Sea or during the Time of their Abode or Residence in any of the Ports Harbours or Bays of Our said Province and Territory as the Case shall be found to require according to Martial Law and the said Directions 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 Jurisdiction of any Offence Cause Matter or thing committed or done upon the High Sea or within any the [Havens] [Harbours] Rivers or Creeks of Our said Province or Territorys under your Government by any Captain Com̄ander Lieutenant Master or other Officer Seaman Soldier or other Person whatsoever who shall be in Actual Service and pay in or on board any of Our Ships of War or other Vessels acting by imediate Commission or Warrant from Our Com̄issioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty but that such Captain 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 Seal of Great Britain as the Statute of the twenty Eighth of Henry the Eighth directs or by Com̄ission from Our said Com̄issioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the Time being according to the [be]forementioned (Act for amending Explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty’s Ships Vessels and Forces by Sea) and not otherwise Provided also that all Disorders and misdemeanors committed on Shore by any Captain Com̄ander Lieutenant Master or other officer Seaman Soldier or other Person whatsoever belonging to any of Our Ships of Warr acting by im̄ediate Comission or Warrant from our Com̄issioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be tryed and punished according to the Laws of the Place where any such Disorders Offences and Misdemeanors shall be com̄itted on shore notwithstanding such Offender be in Our Actual Service [and] borne in Our Pay on board any such Our Ships of Warr or other Vessels Acting by im̄ediate Commission or Warrant from Our Com̄issioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of Justice for such Offences com̄itted on shore from any pretence of his being employed in Our Service at Sea And further Our Will and Pleasure is that you shall not at any Time hereafter by Colour of any Power or Authority hereby granted or mentioned to be granted take upon you to give grant or dispose of any Office or Place within Our said Province and Territories which now is or shall be granted under the Great Seal of Great Britain any further than that you may upon the vacancy of any such Office or Suspension of any Officer by you put in any Person to Officiate in the Interval untill the said Place be disposed of by Us Our Heirs or Successors under the Great Seal of Great Britain or that Our Directions be otherwise given therein And Wee do hereby require and com̄and all Officers and Ministers Civil and Military And all other the Inhabitants of Our said Province and Territory to be obedient aiding and Assisting unto you the said Francis Bernard in the Execution of this Our Commission and of the Powers and Authorities therein contained and in Case of your Death or Absence out of Our said Province and Territories to be obedient aiding and assisting unto such person as shall be appointed by us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territories to whom Wee do therefore by these presents give and grant all and singular the Powers and Authorities herein granted to be by him Executed and enjoyed during Our Pleasure or untill your Arrival within Our said Province And if upon your Death or Absence out of Our said Province there be no Person upon the place Com̄issionated or appointed by Us to be Our Lieutenant Governor or Com̄ander in Chief of Our said Province and Territories Our Will and Pleasure is that Our Council of Our said Province for the time being do take upon them the Administration of the Government and Execute Our said Com̄ission and Instructions and the [said] several Powers and Authorities therein contained in the same manner and to all Intents and purposes as Our Governor or Com̄ander in Chief of Our said Province and Territories should or ought to do in Case of your Absence untill your Return or in all Cases untill Our further Pleasure be known therein And that in such Case the Eldest Councillor present at each Meeting of the said Council shall always preside therein And Our Pleasure is that you the said Francis Bernard shall and may hold Execute and Enjoy the office and place of Our Captain General and Governor in Chief in and over Our said Province and Territories of the Massachusetts Bay in New England with all and Singular the Powers and Authorities hereby granted unto you for and during Our Will and Pleasure And Whereas there are diverse Colonies adjoining 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 further thought it necessary for our Service and the better protection and Security of Our Subjects Inhabiting these Parts to constitute and appoint and Wee do by these presents constitute and appoint you the said Francis Bernard to be Our Captain General and Com̄ander in Chief of the Militia and of all the Forces by Sea and Land within Our Colonies of Rhode Island and Providence Plantation the Narraganset Country or Kings Province and of all Our Forts and Places of Strength within the same in Time of Warr or Eminent Danger And for the better ordering Governing and ruling our said Militia and all our Forces Forts and Places of Strength within our said Colonies of Rhode Island and Providence Plantation and the Narragansett Country or Kings Province Wee do hereby give and grant unto you the said Francis Bernard and in your Absence to Our Lieutenant Governor or Com̄ander in Chief of Our said Province of the Massachusets Bay all and every the like Powers as in these presents are before granted and recited for the ruling and governing and ordering Our Militia and all Our Towns Forts and Places of Strength within Our Province of the Massachusetts Bay to be Exercised by you the said Francis Bernard and in your Absence from Our [said] Territory & Dominion of New England by Our said Lieutenant Governor or Com̄ander in Chief of Our said Province of the Massachusetts Bay for the time being within Our said Colonies of Rhode Island and Providence Plantation and the Narragansett Country or Kings Province during the time of Warr or Eminent danger as aforesaid In Witness [&c] [whereof We have caused these Our Letters to be made Patent] Witness Ourself at Westminster the fourth day of April [In the First year of our Reign]

By Writt of Privy Seal

[YORKE AND YORKE]

[The Great Seal of England Appending Examined A Oliver Sec^y]

— Public Record Office, Patent Roll, 1 George III, Part 10, No. 20. Compared with the record of Royal Commissions (Crown Commissions, 1628–1663, pp. 199–206) in the office of the Secretary of the Commonwealth.125

FRANCIS BERNARD’S FIRST COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

14 January, 1760

George the Second by the Grace of God of Great Britain France and Ireland king Defender of the Faith &c^a To Our Trusty and Welbeloved Francis Bernard Esquire123 Greeting

Whereas by a Royal Charter under the Great Seal of England bearing date the Seventh day of October in the Third Year of the Reign of King William the Third the Colony of the Massachusets Bay the Colony of New Plymouth the Province of Main in New England the Territory of Accadie or Nova Scotia and the Lands lying between the said Territory of Nova Scotia and the Province of Main aforesaid were United Erected and Incorporated into One Real Province by the Name of Our Province of the Massachusets Bay in New England And his said Majesty did thereby grant to Our loving Subjects the[n] Inhabitants of Our said Province or Territory of the Massachusets Bay in New England and their Successors that there should be a Governor a Lieutenant Governor and Secretary of Our said Province and Territory to be from time to time appointed and Commissionated by the said King William His Heirs and Successors with several Priviledges Franchizes and Immunities thereby Granted to Our said Loving Subjects And Whereas We did by Our Letters Patent under Our Great Seal of Great Britain bearing date at Westminster the Twenty-fifth day of February in the Thirtieth Year of Our Reign Constitute and Appoint Thomas Pownall Esquire Captain General and Governor in Chief in and Over Our said Province of the Massachusets Bay in New England for and during Our Will and Pleasure as by the said recited Letters Patent relation being thereunto had may more fully and at large Appear Now Know You that We have Revoked and Determined and by these Presents Do Revoke and Determine the said Recited Letters Patent and every Clause Article and Thing therein contained And further Know You that We Reposing Especial Trust and Confidence in the Prudence Courage and Loyalty of you the said Francis Bernard of Our Especial Grace certain Knowledge and meer Motion Have thought Fit to Constitute and Appoint And by these Presents do Constitute and Appoint You the said Francis Bernard to be Our Captain General and Governor in Chief in and Over Our said Province of the Massachusets Bay in New England And for your better Guidance and Direction We do hereby Require and Command You to do and Execute all Things in due manner that shall belong unto the Trust We have reposed in you according to the several Powers and Authorities mentioned in the said Charter and in these Presents and such further Powers Instructions and Authorities as you shall receive or which shall at any time hereafter be granted or appointed you under Our Sign Manual and Signet or by Our Order in Our Privy Council in Pursuance of the said Charter and according to such reasonable Laws and Statutes as are now in force or which hereafter shall be made and agreed upon in such manner and form as by the said Charter is directed And Our Will and Pleasure is That you the said Francis Bernard after the Publication of these Our Letters Patent do in the first place take the Oaths Appointed to be taken by an Act passed in the first Year of his late Majesty Our Royal Fathers Reign Intituled (An Act for the further Security of His Majestys Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors) As also that You make and subscribe the Declaration mentioned in an Act of Parliament made in the Twenty fifth year of the Reign of King Charles the Second Intituled (An Act for preventing dangers which may happen from Popish Recusants) And likewise that you take the usual Oath for the due Execution of the Office and Trust of Our Captain General and Governor in Chief in and Over Our said Province as well with regard to the due and Impartial Administration of Justice as otherwise And further that you take the Oath required to be taken by Governors of Plantations to do their Utmost that the several Laws relating to Trade and the Plantations be observed Which said Oaths and Declaration Our Council of Our said Province or any three of the Members thereof have hereby full Power and Authority and are required to tender and administer unto you and in your Absence to Our Lieutenant Governor of Our said Province if there be any upon the Place All which being duly performed you shall administer to each of the Members of Our said Council and to Our said Lieutenant Governor if there be any upon the Place the Oaths mentioned in the said Act Intituled (An Act for the further security of His Majestys person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors) As also to cause them to make and subscribe the forementioned Declaration and to administer to them the Oath for the due Execution of their Places and Trusts As also that you Administer or cause to be Administred unto all the Members that shall be Elected to serve in the General Assembly of our said Province the Oaths mentioned in the said Act Intituled (An Act for the further security of His Majestys Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors) And likewise cause them to make and subscribe the forementioned Declaration and untill the same shall be so taken and Subscribed no Person shall be capable of sitting though Elected Our further Will and Pleasure is That You shall and may keep and use the Publick Seal of Our said Province for Sealing all Things whatsoever that pass the Great Seal of Our said Province under your Government And We do hereby give and grant unto you full Power and Authority where You shall see cause and shall Judge any Offender or Offenders in Capital or Criminal Matters or for any Fines or Forfeitures due unto Us fit 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 until Our Pleasure shall be further known And We do hereby Give and Grant unto You the said Francis Bernard by Yourself or by Your Captains and Commanders by You to be Authorized full Power and Authority to Levy Arm Muster Command and Employ all Persons whatsoever Residing within Our said Province and Territory of the Massachusets Bay in New England and as Occasion shall require to March them from one Place to another or to Embark them for Resisting and withstanding [at] [of] all Enemys Pirates and Rebels both at Land and Sea[l] And such Forces with their own Consent or with the Consent of Our Council and Assembly to Transport to any of Our Plantations in America as Occasion shall require for the Defence of the same against the Invasion or Attempts of any of Our Enemys and such Enemys Pirates and Rebels if Occasion shall require to pursue and prosecute in or out of the Limits 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 Law to put to Death or keep and preserve alive at your Discretion We do further Give and Grant unto You full Power and Authority to Erect Raise and Build within Our Province and Territory aforesaid such and so many Forts Platforms Castles and Fortifications as you shall Judge necessary and the same or any of them to Fortify and Furnish with Ordnance Ammunition and all Sorts of Arms fit and necessary for the Security and Defence of Our said Province and from time to time to Commit the Government of the same to such Person or Persons as to You shall seem meet And the said Forts and Fortifications again to demolish or dismantle as may be most Convenient and to do and Execute all and every other Thing or Things which to [Our] [a] Captain General doth or ought of Right to belong as fully and amply as any other Our Captain General doth or hath usually done according to the Powers hereby Granted or to be Granted to you And We do hereby Give and Grant unto You the said Francis Bernard full Power and Authority to Constitute and Appoint Captains Lieutenants Masters and other Commanders and Officers of Ships and to Grant unto such Captains Lieutenants Masters and other Commanders and Officers of Ships Commissions to Execute the Law Martial according to the directions of an Act passed in the Twenty second year of Our Reign Intituled (An Act for Amending Explaining and Reducing into One Act of Parliament the Laws relating to the Government of His Majestys Ships Vessels and Forces by Sea) and to Use such Proceedings Authorities Punishments Corrections and Executions upon any Offender or Offenders who shall be Mutinous Seditious Disorderly or any way[s] Unruly either at Sea or during the time of their Abode or Residence in any of the Ports Harbours or Bays of Our said Province and Territory as the Cause shall be found to require according to Martial Law and the said Directions during the time of War as aforesaid Provided that nothing herein Contained shall be Construed to the Enabling you or any by Your Authority to hold Plea or have Jurisdiction of any Offence Cause Matter or Thing committed or done upon the High Sea or within any the Havens Rivers or Creeks of Our said Province or Territorys under Your Government by any Captain Commander Lieutenant Master or other Officer Seaman Soldier or other Person whatsoever who shall be in actual service and pay in or on Board any of Our Ships of War or other Vessels Acting by immediate Commission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty But that such Captain[s] 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 Commission under Our Great Seal of Great Britain as the Statute of the Twenty eighth of Henry the Eighth directs or by Commission from Our said Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being according to the forementioned Act for Amending explaining and Reducing into One Act of Parliament the Laws relating to the Government of His Majestys Ships Vessels and Forces by Sea and not otherwise Provided also that all Disorders and Misdemeanors Committed on Shore by any Captain Commander Lieutenant Master or other Officer Seaman Soldier or other person whatsoever belonging to any of Our Ships of War acting by Immediate Commission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be Tryed and punished according to the Laws of the Place where any such Disorders Offences and Misdemeanors shall be committed on Shoar notwithstanding such Offender be in Our Actual Service and Born in Our Pay on Board any such Our Ships of War or other Vessels acting by Immediate Commission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being as aforesaid so as he shall not Receive any Protection for the Avoiding of Justice for such Offences committed on Shore from any pretence of his being Employed in Our Service at Sea And further Our Will and Pleasure is that you shall not at any time hereafter by Colour of any Power or Authority hereby Granted or mentioned to be Granted take upon you to Give Grant or dispose of any Office or Place within our said Province and Territorys which now is or shall be granted under the Great Seal of Great Britain any further than that you may upon the Vacancy of any such Office or suspension of any Officer by you put in any Person to Officiate in the Interval untill the said Place be disposed of by Us Our Heirs or Successors under the Great Seal of Great Britain or that Our Directions be otherwise given therein And We do hereby require and Command all Officers and Ministers Civil and Military and all other the Inhabitants of Our said Province and Territory to be obedient Aiding and Assisting unto you the said Francis Bernard in the Execution of this Our Commission and of the Powers and Authoritys therein contained and in case of your Death or Absence out of Our said Province and Territories to be Obedient Aiding and Assisting unto such Person as shall be appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territories to whom We do therefore by these Presents Give and Grant all and singular the Powers and Authorities herein Granted to be by him Executed and Enjoyed during Our Pleasure or untill your Arrivall within Our said Province And if upon your Death or Absence out of Our said Province there be no Person upon the Place commissionated or Appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territories Our Will and Pleasure is that Our Council of Our said Province for the time being do take upon them the Administration of the Government and Execute Our said Commission and Instructions and the several Powers and Authorities therein contained in the same manner and to all Intents and Purposes as Our Governor or Commander in Chief of Our said Province and Territories should or ought to do in case of Your Absence until your Return or in all Cases until Our further Pleasure be known therein and that in such Case the Eldest Councillor present at Each Meeting of the said Council shall always preside therein And Our [Will and] Pleasure is that You the said Francis Bernard shall and may hold Execute and Enjoy the Office and Place of Our Captain General and Governor in Chief in and Over Our said Province and Territories of the Massachusets Bay in New England with all and singular the Powers and Authorities hereby Granted unto you for and during Our Will and Pleasure And whereas there are divers Colonies adjoining to Our Province of the Massachusets Bay for the Defence and Security whereof it is requisite that due Care be taken in the time of War We have therefore thought it further necessary for Our Service and for the better Protection and Security of Our Subjects Inhabiting those parts to Constitute and Appoint And We do by these Presents Constitute and appoint you the said Francis Bernard to be Our Captain General and Commander in Chief of the Militia and of all the Forces by Sea and Land within Our Colonies of Rhode Island and Providence Plantation the Narraganset Country or Kings Province and of all Our Forts and Places of Strength within the same in time of War or [imminent] [eminent] danger And for the better Ordering Governing and Ruling Our said Militia and all Our Forces Forts and Places of Strength within Our said Colonies of Rhode Island and Providence Plantation and the Narraganset Country or Kings Province; We do hereby Give and Grant unto you the said Francis Bernard and in your Absence to Our Lieutenant Governor or Commander in Chief of Our said Province of the 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 Francis Bernard and in Your Absence from Our Territory and Dominion[s] of New England by Our said Lieutenant Governor or Commander in Chief 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 Country or Kings Province during the time of War or im̄inent danger as aforesaid In Witness [&c] [whereof We have Caused these Our Letters to be made Patent] Witness Ourself at Westminster the [the] fourteenth day of January [in the thirty-third year of Our Reign]

By Writ of Privy Seal

[YORK & YORK]

[The Great Seal of England Appending Examined A Oliver Sec^y]

— Public Record Office, Patent Roll, 33 George II, Part 2, No. 3. Compared with the record of Royal Commissions (Crown Commissions, 1628–1663, pp. 176–184) in the office of the Secretary of the Commonwealth.124

THOMAS POWNALL’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

25 February, 1757

George the Second by the Grace of God of Great Britain France and Ireland king Defender of the Faith [&c^a] To Our Trusty and Welbeloved Thomas Pownall Esquire Greeting

Whereas by a Royal Charter under the Great Seal of England bearing date the Seventh day of October in the Third year of the Reign of King William the Third the Colony of the Massachusets Bay the Colony of New Plymouth the Province of Main in New England the Territory of Accadie or Nova Scotia and the Lands lying between the said Territory of Nova Scotia and the Province of Main aforesaid were United Erected and incorporated into One [Royal] [real] Province by the Name of Our Province of the Massachusets Bay in New England and His said Majesty did thereby grant to Our Loving Subjects the[n] Inhabitants of Our said Province or Territory of the Massachusets Bay in New England and their Successors that there should be a Governor a Lieutenant Governor and Secretary of Our said Province and Territory to be from time to time appointed and Commissionated by the said King William his Heirs and Successors with several Privileges Franchises and Immunities thereby granted to Our said loving Subjects And Whereas We did by Our Letters Patents under Our Great Seal of Great Britain bearing date at Westminster the Twenty Fifth day of May in the Fourteenth year of Our Reign Constitute and appoint William Shirley Esquire Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England for and during Our Will and Pleasure as by the said recited Letters Patent[s] relation being thereunto had may more fully and large appear Now Know you that We have Revoked and Determined and by these Presents Do Revoke and Determine the said recited Letters Patent and every Clause Article and Thing therein contained And further Know you that We reposing Especial Trust and Confidence in the Prudence Courage and Loyalty of You the said Thomas Pownall of Our Especial Grace certain Knowledge and meer Motion have thought fit to Constitute and Appoint and by these Presents Do Constitute and Appoint You the said Thomas Pownall to be Our Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England And for your better Guidance and Direction We do hereby require and Command You to Do and Execute all things in due manner that shall belong unto the Trust We have reposed in you according to the several Powers and Authorities mentioned in the said Charter and in these Presents and such further Powers Instructions and Authorities as you shall receive or which shall at any time hereafter be granted or appointed You under Our Sign Manual and Signet or by Our Order in Our Privy Council in pursuance of the said Charter and according to such reasonable Laws and Statutes as are now in force or which hereafter shall be made and Agreed upon in such manner and form as by the said Charter is directed And Our Will and Pleasure is that you the said Thomas Pownall after the Publication of these Our Letters Patents do in the First Place take the Oaths appointed to be taken by an Act passed in the First Year of his late Majesty Our Royal Father’s Reign Entitled (An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the Pretended Prince of Wales and his open and secret Abettors) As also that You make and subscribe the Declaration mentioned in an Act of Parliament made in the twenty fifth year of the Reign of King Charles the Second Entitled (An Act for preventing Dangers which may happen from Popish Recusants) and likewise that you take the usual Oath for the due Execution of the Office and Trust of Our Captain General and Governor in Chief in and over our said Province as well with regard to the due and Impartial Administration of Justice as otherwise and further that you take the Oath required to be taken by Governors of Plantations to do their utmost that the several Laws relating to Trade and the Plantations be Observed which said Oaths and Declaration Our Council of Our said Province or any three of the Members thereof have hereby full Power and Authority and are required to tender and Administer unto you and in your Absence to Our Lieutenant Governor of Our said Province if there be any upon the Place All which being duly performed you shall Administer to Each of the Members of Our said Council and to Our said Lieutenant Governor if there be any upon the Place the Oaths mentioned in the said Act Entitled (An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the Hopes of the pretended Prince of Wales and his Open and secret Abettors) as also to cause them to make and subscribe the forementioned Declaration and to Administer to them the Oath for the due Execution of their Places and Trusts As also that you Administer or cause to be Administered unto all the Members that shall be elected to serve in the General Assembly of Our said Province the oaths mentioned in the said Act Entitled (An Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the Hopes of the Pretended Prince of Wales and his Open and secret Abettors) and likewise [to] cause them to make and subscribe the forementioned Declaration and until the same shall be so taken and subscribed no person shall be capable of sitting though elected Our further Will and Pleasure is that you shall and may keep and Use the Publick Seal of our said Province for sealing all things whatsoever that pass the Great Seal of Our said Province under your Government And We do hereby Give and Grant unto you full Power and Authority where you shall see cause and shall Judge any offender or offenders in Capital or Criminal Matters or for any Fines or Forfeitures due unto Us fit Objects of Our Mercy to pardon all such Offenders and to remit such Fines and Forfeitures Treason and Wilful Murder only Excepted In which cases you shall likewise have Power upon Extraordinary Occasions to Grant Reprieves to the Offenders therein To the End and until Our Pleasure shall be further known And We do hereby Give and Grant unto You the said Thomas Pownall by yourself or by your Captains and Commanders by You to be Authorized full Power and Authority to Levy Arm Muster Command and Employ all Persons whatsoever residing within our said Province and Territory of the Massachusetts Bay in New England and as Occasion shall require to March them from one Place to another or to Embark them for resisting and 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 Council and Assembly to transport to any of Our Plantations in America as Occasion shall require for the Defence of the same against the Invasion or Attempts of any of Our Enemies and such Enemies Pirates and Rebels if Occasion shall require to pursue and prosecute in or out of the Limits 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 Law to put to Death or 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 Platforms Castles and Fortifications as You shall judge necessary and the same or any of them to Fortify and Furnish with Ordnance Ammunition and all Sorts of Arms fit and necessary for the Security and Defence of Our said Province and from time to time to Commit the Government of the same to such Person or Persons as to You shall seem meet And the said Forts and Fortifications again to Demolish or Dismantle as may be most convenient And to Do and Execute all and every other thing or things which to a Captain General doth or ought of right to belong as fully and amply as any other Our Captain General doth or hath usually done according to the Powers hereby granted or to be granted to you And We do hereby Give and Grant unto You the said Thomas Pownall full Power and Authority to Constitute and Appoint Captains Lieutenants Masters and other Commanders and Officers of Ships and to Grant unto such Captains Lieutenants Masters and other Commanders and Officers of Ships Commissions to Execute the Law Martial according to the directions of an Act passed in the twenty second year of Our Reign Entitled (An Act for Amending Explaining and Reducing into One Act of Parliament the Laws relating to the Government of His Majesty’s Ships Vessels and Forces by Sea) and to Use such Proceedings Authorities Punishments Corrections and Executions upon any Offender or Offenders who shall be Mutinous seditious Disorderly or any way unruly either at Sea or during the time of their Abode or Residence in any of the Ports Harbours or Bays of Our said Province and Territory as the cause shall be found to Require according to Martial Law and the said Directions during the time of war as aforesaid Provided that nothing herein contained shall be construed to the Enabling You or any by your Authority to hold Plea or have Jurisdiction of any Offence Cause Matter or thing Committed or Done upon the High Sea or within any the Havens Rivers or Creeks of Our said Province or Territorys under your Government by any Captain Commander Lieutenant Master or other Officer Seaman Soldier or other Person whatsoever who shall be in Actual Service and Pay in or on Board any of Our Ships of War or other Vessels Acting by immediate Commission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty But that such Captain Commander Lieutenant Master Offices Seaman Soldier or other Person so offending shall be left to be proceeded against and tryed as the Merit of their Offences shall require either by Commission under Our Great Seal of Great Britain as the Statute of the Twenty Eighth of Henry the Eighth the121 directs or by Commission from Our said Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being according to the forementioned Act for Amending Explaining and Reducing into one Act of Parliam^t the Laws relating to the Government of His Majesty’s Ships Vessells and Forces by Sea Provided also that all Disorders and Misdemeanors committed on Shore by any Captain Commander Lieutenant Master or other Officer Seaman Soldier or other Person whatsoever belonging to any of Our ships of War acting by immediate Comission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be Tryed and Punished according to the Laws of the Place where any such Disorders Offences and Misdemeanours shall be Committed on Shore notwithstanding such Offender be in Our Actual Service and borne in Our Pay on board any such Our Ships of War or other Vessels acting by immediate Commission or Warrant from Our Commissioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any Protection for the Avoiding of Justice for such Offences committed on Shore from any Pretence of his being Employed in Our Service at Sea And further Our Will and Pleasure is that you shall not at any time hereafter by Colour of any Power or Authority hereby granted or mentioned to be granted take upon You to Give Grant or Dispose of any Office or Place within our said Province and Territory which now is or shall be granted under the Great Seal of Great Britain any further than that You may upon the Vacancy of any such Office or Suspension of any Officer by You put in and Person to Officiate in the Interval untill the said Place be disposed of by Us Our Heirs or Successors under the Great Seal of Great Britain or that Our Directions be otherwise given therein And We do hereby require and Command all Officers and Ministers Civil and Military and all other the Inhabitants of Our said Province and Territory to be Obedient Aiding and Assisting unto You the said Thomas Pownall in the Execution of this Our Commission and of the Powers and Authorities therein contained And in case of your Death or Absence out of Our said Province and Territories to be Obedient aiding and assisting unto such Person as shall be appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territories to whom We do therefore by these Presents Give and Grant all and singular the Powers and Authorities herein granted to be by him Executed and Enjoyed during Our Pleasure or untill your Arrival within Our said Province And if upon your Death or Absence out of Our said Province there be no Person upon the Place Commissionated or appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said Province and Territories Our Will and Pleasure is that Our Council of Our said Province for the time being do take upon them the Administration of the Government and Execute Our said Commission and Instructions and the several Powers and Authorities therein contained in the same manner and to all Intents and Purposes as Our Governor or Commander in Chief of Our said Province and Territories should or ought to do in Case of your Absence untill your Return or in all Cases untill Our further Pleasure be known therein and that in such Case the Eldest Councillor present at each Meeting of the said Councill shall always preside therein And Our Pleasure is that you the said Thomas Pownall shall and may hold Execute and Enjoy the Office and Place of Our Captain General and Governor in Chief in and over Our said Province and Territories of the Massachusets Bay in New England with all and singular the Powers and Authorities hereby granted unto you for and during Our Will and Pleasure And Whereas there are diverse Colonies adjoining to Our Province of the Massachusets Bay for the Defence and Security whereof it is requisite that due care be taken in the Time of War We have therefore thought it further necessary for Our Service and for the better Protection & Security of Our Subjects Inhabiting those parts to Constitute and Appoint And We do by these Presents Constitute and Appoint you the said Thomas Pownall to be Our Captain General and Commander in Chief of the Militia and of all the Forces by Sea and Land within Our Colonies of Rhode Island and Providence Plantation the Narraganset Country or Kings Province and of all Our Forts and Places of Strength within the Same in Time of War or Imminent Danger And for the better Ordering Governing and Ruling Our said Militia and all Our Forces Forts and Places of Strength within Our said Colonies of Rhode Island and Providence Plantation and the Narraganset Country or Kings Province We do hereby Give and Grant unto You the said Thomas Pownall and in your Absence to Our Lieutenant Governor or Commander in Chief of Our said Province of the 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 Thomas Pownall and in your Absence from Our Territory and Dominion of New England by Our said Lieutenant Governor or Commander in Chief 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 Country or Kings Province during the Time of War or imminent Danger as aforesaid In Witness [&c] [Whereof We have caused these our Letters to be made Patent] Witness Ourself at Westminster the Twenty-fifth day of February [in the Thirtieth Year of Our Reign]

By Writ of Privy Seal

[YORKE & YORKE]

[The Great Seal of England Appending]

— Public Record Office, Patent Roll, 30 George II, Part 4, No. 7. Compared with the record of Royal Commissions (Crown Commissions, 1628–1663, pp. 151–155) in the office of the Secretary of the Commonwealth.122