WILLIAM SHIRLEY’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

25 May, 1741

George the Second by the Grace of God of Great Britain France and Ireland king Defender of the Faith &c. To Our Trusty and Welbeloved William Shirley Esquire Greeting

Whereas by a Royal Charter under the Great Seal of [England] [Great Britain] 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 a Lieutenant Governor and Secretary of Our said Province and Territory to be from time to time appointed and Commissioned 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 Patents under Our Great Seal of Great Britain bearing date at Westminster the Twenty-eight day of January in the third Year of our Reign constitute and appoint Jonathan Belcher 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] [the] Wee reposing especial Trust and Confidence in the Prudence Courage and Loyalty of You the said William Shirley 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 William Shirley 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 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 which118 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 mannor and Form as by the said Charter is directed And Our Will and Pleasure is that You the said William Shirley 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 said late Majesty’s Reign 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 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 their 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 Generall 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 cause them to make and subscribe the forementioned Declaration and untill the same shall be 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 Seall of our said Province for Sealing all things whatsoever that pass the Great Seal of Our said Province under your Government And Wee 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 Pines or Forfeitures do 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 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 Wee do hereby Give and Grant unto You the said William Shirley by Your self 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 Massachusets Bay in New England and as occasion shall require to March them from one place to another or to imbark them for resisting and withstanding of all Enemys Pirates and Rebels both at Land and [at] 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 Enemys And such Enemys Pirates and Rebells 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 fortifie and furnish with Ordinance Ammunition and all Sorts of Arms fit and necessary for the Security and Defence of Our said Province and from time to time to Commit the [Governor] [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 by119 you And Wee do hereby Give and Grant unto You the said William Shirley 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 thirteenth year of the Reign of King Charles the Second Entitled (An Act for the establishing Articles and Orders for the Regulating and better Government of his Majesty’s Navys Ships of War 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 Harbors or Bays of Our said Province and Territory as the Cause shall be found to require according to the Martial 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 Rivers or Creeks of Our said Province or Territories 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 im̄ediate 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 tried 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 Entitled (An Act for the establishing Articles and Orders for the Regulating and better Government of his Majesty’s Navys Ships of War and Forces by Sea) and not otherwise Provided also that all Disorders and Misdemeaners committed on Shoar 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 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 committed on Shoar 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 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 William Shirley 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 commissioned 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 Councill 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] [and] 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 [un]till our further Pleasure be known therein And that in such Cases the eldest Councillor present at each Meeting of the said Councill shall always preside therein And Our Pleasure is that You the said William Shirley 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 adjoyning to Our Province of the Massachusets Bay for the Defence and Security whereof it is [requisite] [required] 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 we do by these Presents constitute and appoint] You the said William Shirley to be Our Captain General and Comander in Chief of the Militia and of all the Forces by Sea and Land within Our Colonies [of] Rhode Island and Providence Plantation the Narragansett 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[s] and the Narraganset Country or Kings Province Wee do hereby Give and Grant unto You the said William Shirley 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 William Shirley 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] Witnesse[s John Archbishop of Canterbury & other Guardians & Justices of the Kingdom] [by the King] at Westminster the [sixteenth] [twenty fifth] day of May [in the fourteenth Year of Our Reign]

By Writt of Privy Seal

[BISSE]

[The Great Seal of England Appending Ex^d Examined ꝑ J. Willard Secry]

— Public Record Office, Patent Roll, 14 George II, Part 2, No. 7. Compared with the record of Royal Commissions (Crown Commissions, 1628–1663, pp. 36–40) in the office of the Secretary of the Commonwealth.120

JONATHAN BELCHER’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

28 January, 1729–30

George the Second by the Grace of God &c To Our Trusty and Welbeloved Jonathan Belcher Esquire Greeting

Whereas by a Royal Charter vnder the Great Seal of England bearing date the Seventh day of October in the third year of the Reign of King William the114 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 vnited Erected and Incorporated into one Real Province by the Name of Our Province of the Massachusets Bay in New England and his said Majestie 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 a Lievtenant Governor and Secretary of Our said Province and Territory to be from time to time Appointed and com̄issionated by the said King William his heires and successors with several Privileges Franchises and Imunities thereby granted to Our said loving Subjects Now know you that Wee reposing especial Trust and Confidence in the prudence courage and Loyalty of you the said Jonathan Belcher of our especial Grace certain knowledge and meer moc͠on have thought fit to Constitute and appoint And by these presents Do Constitute and Appoint you the said Jonathan Belcher 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 Direcc͞o͞n Wee do hereby Require and Command you to do and Execute all things in due manner that shall belong to the Trust Wee have reposed in you according to the several Powers and Authorities mencon̄ed 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 vnder 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 forme as by the said Charter is directed And Our Will and pleasure is that you the said Jonathan Belcher after the Publication of these our Letters Patents do in the first place take the Oathes appointed to be taken by an Act passed in the first year of the Reign of our late Royal Father King George the First Entituled (An Act for the further Security of His Majesties Person and Government and the Succession of the Crown in the Heires 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 five and Twentieth year of the Reign of King Charles the Second Entituled (An Act for preventing Dangers which may happen from Popish Recusants) and likewise that you take the vsual oath, for the due Execucon̄ 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 administracon̄ of Justice as otherwise and further that you take the Oath requred to be taken by Governors of Plantations to do their vtmost that the several Laws relating to Trade and Plantations be observed which said Oathe and Declaracon̄ 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 vnto you and in your Absence to Our Lievtenant Governor of Our said Province if there be any vpon the Place all which being duly performed you shall Administer to each of the members of Our said Council and to Our said Lievtenant Governor if there be any vpon the place the Oaths mencon̄ed in the said Act Entituled (An Act for the further Security of His Majesties Person and Government and the Succession of the Crown in the Heires 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 foremencon̄ed 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 vnto all the members that shall be Elected to serve in the General Assembly of Our said Province the Oathes mencon̄ed in the said Act Entituled (An Act for the further Security of His Majesties Person and Government and the Succession of the Crown in the Heires 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 vntill 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 vse the Publick Seal of Our said Province for Sealing all things whatsoever that pass the Great Seal of Our said Province vnder your Government And Wee do hereby Give and Grant vnto 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 vnto vs 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 vpon Extraordinary Occasions to Grant Reprieves to the Offenders therein to the end and vntil Our Pleasure shall be further known And Wee do hereby give and Grant vnto you the said Jonathan Belcher by your selfe 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 Massachusets Bay in New England and as occasion shall require to march from one place to another or to Embark them for the 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 Plantacon̄s in America as occasion shall require for the Defence of the same against the Invasion or attempts of any of Our Enemies and such Enemies Pirates and Rebells if Occasion shall require to pursue and prosecute in or out of the 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 And Wee do further give and grant vnto you full Power and Authority to Erect Raise and Build within Our said Province and Territory aforesaid such and so many Forts Platformes Castles and Fortifications as you shall Judge necessary and the same or any of them to Fortify and Furnish with Ordnance Amunicon̄ and all sors115 of Armes fit and necessary for The Security and Defence of Our said Province and from time to time to Com̄itt 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 which to a Captain Generall doth or ought of right to belong as fully and amply as any other Our Captain General doth or hath vsually done according to the Powers hereby Granted or to be Granted to you And Wee do hereby Give and Grant vnto you the said Jonathan Belcher full Power and Authority to Constitute and appoint Captains Lievtenants Masters and other Com̄anders and Officers of Ships and to Grant vnto such Captains Lievtenants Masters and other Com̄ander and Officers of Ships Com̄issions to Execute the Law Martial according to the Direcon̄s of An Act passed in the thirteenth year of the Reign of King Charles the second Entituled (An Act for the Establishing Articles and Orders for the Regulating and better Government of His Majesties Navies Ships of War and Forces by Sea) and to vse such proceedings Authorities Punishments Corrections and Executions vpon any Offender or Offenders who shall be mutinous Seditious disorderly or any way vnruly 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 Martiall 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 Jurisdicon̄ of any Offence Cause matter or thing comitted or done vpon the high Sea or within any of the Havens Rivers or Creeks of Our said Province or Territories vnder your Government by any Captain Com̄ander Lievtenant 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 Com̄ission 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 vnder the Seal of Our Admiralty But that such Captain Com̄ander Lievtenant Master Officer Seaman Soldier or other Person so offending shall be left to be proceeded against & Tryed as the merits of their Offences shall require either by Com̄ission vnder 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 foremencon̄ed Act Entituled (An Act for the Establishing Articles and Orders for the Regulating and better Government of his Majesties Navies Ships of War and Forces by Sea) and not otherwise Provided also that all Disorders and Misdemeanors com̄mitted on Shore by any Captain Commander Lievtenant Master or other Officer Seaman Soldier or other Person Whatsoever belonging to any of Our Ships of War acting by im̄ediate Com̄ission 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 vnder 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 born in Our pay on Board any such Our Ships of War or other vessels acting by im̄ediate Com̄ission 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 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 mencon̄ed to be Granted take vpon you to Give Grant or Dispose of any Office or Place within Our said Province and Territories which now is or shall be Granted vnder 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 vntil the said Place be disposed of by Us Our Heirs or Successors vnder 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 Territories to be obedient aiding and Assisting vnto you the said Jonathan Belcher in the Execution of this Our Com̄ission 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 vnto such Person as shall be Appointed by vs to be Our Lievtenant 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 vntil your arrival within Our said Province And if vpon your Death or Absence out of Our said Province there be no Person com̄issionated or appointed by vs to be Our Lievtenant 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 vpon them the Administration of the Government 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 and Commander in Chief of Our said Province and Territories should or ought to do in case of your absence vntil your returne or in all Cases vntil Our further Pleasure be known therein And that in such Case the Eldest Councillour present at each meeting of the said Council shall always preside therein And Our Pleasure is that you the said Jonathan Belcher 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 vnto you for and during Our Will and Pleasure And whereas there are divers Colonies adjoyning to Our said 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 proteccon̄ and Security of Our Subjects Inhabiting those parts to Constitute and appoint and appoint116 And Wee do by these presents Constitute and appoint you the said Jonathan Belcher to be Our Captain General & Commander in Chief of the Militia and of all the Forces by Sea and Land within Our Colonies of Rhode Island and Providence Plantacon̄ 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 Providence117 Wee do hereby give and grant vnto you the said Jonathan Belcher and in your Absence to Our Lievtenant 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 Ruleing 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 Jonathan Belcher and in your Absence from Our Territory and Dominion of New England by Our said Lievtenant Governor or Com̄ander in Chief of Our said Province of the Massachusets Bay for the time being within Our said Colonies of Rhode Island and Providence Plantacon̄ and the Narraganset Country or Kings Province during the time of War or imminent Danger as aforesaid In Witness &c Witnesse Our Selfe at Westminster the twenty-eighth day of January

— Public Record Office, Patent Roll, 3 George II, Part 3, No. 4.

WILLIAM BURNET’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

7 March, 1727–8

George the Second by the Grace of God &c To Our Trusty and Welbeloved William Burnet Esquire Greeting

Whereas by a Royal Charter vnder the Great Seal of England bearing date y^e 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 Territorie 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 Massachusetts Bay in New England and his said Majestie did thereby Grant to Our loving subjects the Inhabitants of Our said Province or Territory of y^e Massachusetts Bay in New England and their Successors that there should be a Governor lievtenant Governor and a Secretary of Our said Province and Territory to be from time to time appointed and Commissionated by the said King William his heires and Successors with several Privileges Franchises and Imunities thereby Granted to our said loving subjects And Whereas Our said late Royal Father of Blessed memory did by His letters Patents vnder his Great Seal of Great Britain bearing date at Westminster the fifteenth day of June in the second year of his Reign constitute and appoint Samuel Shute Esquire to be Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England for and during his Will and pleasure as by the said severall recited Letters Patents relac͞o͞n being thereunto had may more fully and at large appear In which said office by virtue of the Statute in such Case made and Provided the said Samuel Shute was continued for the Space of Six months from the time of Our said late Royal Father and by virtue of Our Royal Proclamation for that Purpose issued bearing date the Fifth day of July in the first year of our Reign he is continued vntil our pleasure be further Known or other Provision be made concerning the said office Now know you that Wee have revoked and Determined and by these Presents Do Revoke and Determine the said last recited letters Patents and every Clause Article and thing therein contained and him the said Samuel Shute Wee do remove from the said office by these presents And further know you that Wee reposing Especial Trust and Confidence in the Prudence Courage and loyalty of you the said Willam Burnet of our Especial Grace certain knowledge and meer moc͞o͞n have thought fitt to constitute and appoint And by these presents do Constitute and appoint you the said William Burnet to be Our Capain110 General and Governor in Chief in and over our said Province of the Massachusets Bay in New England and for your better Guidance and Direcco͞n And 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 menconed in the said Charter and in in these presents and such further Powers Instruccon̄s and Authorities as you shall receive or which shall at any time hereafter be Granted or appointed you vnder 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 vpon in such manner and forme as by the said Charter is Directed And our Will and Pleasure is that you the said William Burnet after the publicac͞o͞n of these Our Letters Patents do in the first place take the Oathes appointed to be taken by an Act passed in the first year of his said late Majesties Reign Entituled (An Act for the further Security of His Majesties Person and Government and the Succession of the Crown in the Heires 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 Declarac͞o͞n menconed in an Act of Parliament made in the Twenty Fifth year of the Reign of King Charles the second Entituled (An Act for Preventing Dangers which may happen from Popish Recusants) and likewise that you take the usual Oath for the Due Execution of the Office 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 Plantacon̄s to do their vtmost that the several Laws relating to Trade and the Plantations be observed which said Oathes 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 vnto you and in your Absence to Our Lievtenant Governor of Our said Province if there be any vpon the Place All which being duely performed You shall administer to each of the Members of Our said Council and to Our said Lievtenant Governor if there be any vpon the Place the said Oathsmencon̄ed in the said Act Intituled (An Act for the further Security of His Majesties Person and Government and the limitation of the Crown in the Heires 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 foremenconed 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 vnto all the Members that shall be Elected to serve in the General Assembly of Our said Province the Oathes mencon̄ed in the said Act Entituled (An Act for the further Security of his Majesties Person and Government and the Succession of the Crown in the Heires 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 foremention’d Declaration And until the same shall be so taken and subscribed No Person shall be capable of sitting though Elected And Our further Will and Pleasure is that you shall and may keep and vse the Publick Seal of Our said Province for Sealing all things whatsoever that pass the Great Seal of Our said Province vnder your Government And Wee do hereby Give and Grant vnto 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 vnto Us fit objects of Our mercy to pardon all such Offenders and to remit such Fines and Forfeitures (Treason and Wilfull Murther only Excepted) In which cases you shall likewise have power vpon Extraordinary Occasions to Grant Reprives to the Offenders therein to the end and vntil Our Pleasure shall be further known And Wee do hereby Give and Grant vnto you the said William Burnet by your selfe or by your Captains and Commanders by you to be Authorized full Power and Authority to levy arm muster Command and Employal Persons whatsoever residing within Our s^d 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 & Sea and such Forces with their own Consent or with the Consent of Our Council and Assembly to transport to any of our Plantacon̄s in America as occasion shall require for the Defence of the same against the Invasion or Attempts of any of Our Enemies and such Enemies Pirates and Rebells if occasion shall require to persue and prosecute in or out of the limitts of Our said Province or any part thereof and if111 shall 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 And Wee do further Give and Grant vnto 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 same112 any of them to Fortify and Furnish with Ordnance Amunition and all Sorts of Armes fitt 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 to you And Wee do hereby Give and Grant vnto you the said William Burnet full Power and Authority to Constitute and appoint Captains Lievtenants Masters and other Commanders and Officers of Ships and to grant vnto such Captains Lievtenants Masters and other Com̄anders and Officers of Ships Com̄issions to Execute the Law Martial according to the Directions of an Act passed in the Thirteenth year of the Reign of King Charles the Second Entituled (An Act for the Establishing Articles and Orders for the Regulating and better Government of His Majesties Navies Ships of Warr and Forces by Sea) and to use such proceedings Authorities Punishments Correccon̄s and Execucons vpon any Offender or offenders who shall be Mutinous Seditious Disorderly or any way vnruly 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 martiall 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 Jurisdiccon̄ of any Offence Cause matter or thing Committed or done vpon the high Sea or within any the Havens Rivers or Creeks of Our said Province or Territories vnder your Government by any Captain Com̄ander Lievtenant 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 Com̄ission 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 vnder the Seal of Our Admiralty But that such Captain Commander Lievtenant Master Officer Seaman Soldier or other Person so offending shall be left to be proceeded against and tried as the merit of their Offences shall require either by Commission vnder Our Great Seal of Great Britain as the Statute of the Twenty Eighth of Henry the Eighth directs or by Commission 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 foremenconed Act Entituled (An Act for the establishing Articles and Orders for the Regulating and better Government of His Majesties Navies Ships of War and Forces by Sea) and not otherwise And also that all Disorders Misdemeanors committed on Shoar by any Captain Commander Lievtenant 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 Com̄issioners for Executing the Office of Our High Admiral or from Our High Admiral of Great Britain for the time being vnder 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 Shoar notwithstanding such Offender be in Our actual Service and born in Our pay on board any such Our Ships of War or other vessel acting by immediate 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 committed on Shoar from any Pretence of his being Employed in Our Service at Sea And Our further 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 vpon you to give grant or dispose of any Office or Place within Our said Province and Territories which now is or shall be Granted vnder the Great Seal of Great Britain any further than that you may vpon the vacancy of any such Office or Suspension of any Officer by you put in any Person to Officiate in the Interval vntil the said Place be disposed of by Us Our Heires or Successors vnder 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 ayding and assisting vnto you the said William Burnet in the Execucon̄ of this Our Com̄ission and of the Powers of the Powers113 and Authorities therein contained and in Case of your Death or absence out of Our said Province and Territories to be obedient ayding and Assisting vnto such person as shall be appointed by vs to be Our Lievtenant 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 vntil your arrival within Our said Province And if vpon your Death or Absence out of Our said Province there be no Person vpon the Place Commissionated or appointed by vs to be Our Lievtenant 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 vpon them the administration of the Government and Execute Our said Commission and Instrucco͞ns and the several Powers and Authorities therein Contained in the same manner and to all Intents and Purposes as Our Governour or Commander in Chief of Our said Province and Territories should or ought to do in case of your absence vntil your returne or in all Cases vntil Our further Pleasure be known therein and that in such case the Eldest Councillor present at each meeting of the said Council shall alwaies preside therein And Our pleasure is that you the said William Burnet 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 vnto you for and During Our Will and Pleasure And Whereas there are divers Colonies adjoyning to Our Province of the Massachusetts 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 William Burnet 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 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 Wee Do hereby Give and Grant vnto you the said William Burnet 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 Massachusetts Bay to be Exercised by you the said William Burnet and in your absence from our Territory and Dominions of New England by Our said Lievtenant Governour or Commander 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 Narraganset Country or Kings Province during the time of War or imminent Danger as aforesaid In Witness &c Witness Our selfe at Westminster the seventh day of March

— Public Record Office, Patent Roll, 1 George II, Part 9, No. 18.

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

15 June, 1716

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ELIZEUS BURGES’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

17 March, 1714–15

Georgius Dei gratia Magnae Britanni103 Francie et Hibernie Rex Fidei Defensor &ca Omnibus ad quos presentes Litere nostre pervenerint Salutem Inspeximus Irrotulamentum quarundam Literarum Patentium gerentium datam apud Westmonasterium decimo septimo die Marcii Anno Regni nostri primo Factarum et Concessarum et in Curia Cancellarie nostre Irrotulatarum ac ibidem de Recordo remanentium quarum tenor sequitur in hec verba104

George by the Grace of God &c^a To our Trusty and Wellbeloved Elizeus Burges Esquire Greeting

Whereas by a Royal Charter, vnder 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 Territories of Accadie or Nova Scotia and the Lands lying between the said Territory of Nova Scotia and the Province of Maine aforesaid were vnited Erected and Incorporated into one Real Province by the Name of our Province of the Massachusets Bay in New England And Did thereby Grant to his loving Subjects the Inhabitants of the said Province or Territory of the Massachusets Bay in New England and their Successors That there should be a Governor or Lievtenant Governor and Secretary of the said Province and Territory to be from time to time appointed and Com̄issionated by the said King William his Heires and Successors with several Priviledges Franchises and Immunities thereby Granted to his said loveing Subjects And whereas our late Royal Sister Anne Queen of Great Britain &c Did by her Letters Pattents vnder her Great Seal of England bearing Date at Westminster the first day of April in the first year of her Reign Constitute and appoint her Trusty and Welbeloved Joseph Dudley Esquire to be her Governor and Commander in Chief in and over her Province of the Massachusets Bay in New England for and during her Pleasure as by the said several and respective Letters Patents (relation being thereunto had) may more fully and at large appear In which said Office by virtue of the Statute in such case made and provided and of our Royal Proclamation for that purpose Issued he is continued vntill Wee shall Declare our further pleasure concerning the said Office Now know yee That Wee have Revoked and determined and by these presents Do Revoke and determin the said recited Letters Patents bearing date the First day of April in the first year of her said late Majesties Reign and every Clause Article and thing therein contained and his continuance in the said Office and him from the said Office Wee Do Remove by these Presents And further know yee that Wee reposeing Especial Trust and Confidence in your prudence Courage and Loyalty out of our especial Grace certain Knowledge and meer Mo͞con Have thought fit to constitute and appoint and by these presents Do Constitute and appoint you the said Elizeus Burges 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 Guidence and Direction Wee do hereby Require and Com̄and you to do and Execute all things in due manner that shall belong vnto the Trust Wee have Reposed in you according to the severall powers and Authorities menc̄ond 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 vnder our Sign Manual and Signet or by Order of our Privy Council in Pursuance of the said Charter and according to such reasonable Laws and Statutes as are now in Force or which hereafter shall be made and agreed vpon in such manner and form as by the said Charter is directed And our Will and pleasure is That you the said Elizeus Burges after the Publicac̄on of these our Letters Patents do in the first place take the Oathes appointed by Act of Parliament to be taken instead of the Oathes of Allegiance and Supremacy and the Oath menc̄oned in an Act passed in the sixth year of her late Majesties Reign Ehtituled An Act for the Security of her Majesties person and Government and of the Succession to the Crown of Great Britain in the Protestant line As also that you make and Subscribe the Declarac̄on menc̄oned in An Act of Parliament made in the Twenty fifth year of the Reign of King Charles the Second Entituled An Act for preventing dangers which may happen from popish Recusants And likewise that you take the vsuall Oath for the due Execuc̄on of the Office and Trust of our Captain General and Governour in Chief in and over our said Province for the due and Impartial Administrac̄on of Justice And further that you take the Oath required to be taken by Governors of Plantac̄ons to do their utmost that the severall Laws Relating to Trade and Plantations to be observed which said Oaths and Declarac̄ons 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 vnto you and in your absence to our Lievtenant Governor of our said Province if there be any vpon the place All which being duly performd you shall Administer to each of the members of our said Council and to our said Lieutenant Governor if there be any vpon the place the said Oaths appointed by law to be taken instead of the Oathes of Allegiance and Supremacy and the Oath menc̄oned in the said Act Entituled An Act for the Security of her Majesties Person and Government and of the Succession to the Crown of Great Britain in the Protestant line As also to cause them to make and Subscribe the foremenc̄oned Declarac̄on and to Administer to them the Oath for the due Execuc̄on of their places and Trusts As also that you Administer or cause to be Administred vnto all the Members that shall be Elected to serve in the Generall Assembly of our said Province the said oathes appointed by Act of Parliament to be taken instead of the Oathes of Allegiance and Supremacy and the Oath menc̄oned in the aforesaid Act Intituled An Act for the Security of her Majesties person and Government and of the Succession to the Crown of Great Britain in the Protestant line and likewise cause them to make and subscribe the aforemenc̄oned Declarac̄on and vntill the same shall be so taken and Subscribed no person shall be capable of sitting though Elected And Wee Do hereby give and grant vnto you full power and Authority where you shall see Cause and shall judge any Offender or Offenders in Capital or Criminall matters or for any Fines or Forfeitures due vnto vs fitt Objects of our mercy to pardon all such Offenders and to Eemit such Fines and Forfeitures (Treason and wilfull murder only Excepted) in which cases you shall likewise have power vpon extraordinary occasions to Grant Reprieves to the Offenders therein to the end and vntill our pleasure shall be further known And Wee do hereby give and grant unto you the said Elizeus Burges by your selfe your Captains and Com̄anders by you to be Authorized full power and authority to levy Arm Muster Com̄and or Employ all persons whatsoever residing within our said Province and Territory of the Massachusets Bay in New England and as occasion shall Require them to Transport from one place to another 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 Rebells if occasion shall require to pursue and prosecute in or out of the limitts of our said Province or any part thereof And if it shall so please God them to vanquish apprehend and take and being taken either according to Law to put to death or to keep and preserve alive at your Discretion And Wee do further Give and grant vnto you full power and authority to Erect raise and build within our Province and Territory aforesaid such and so many Forts Platforms Castles and Fortificac̄ons 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 com̄mit the Government of the same to such person or ꝑsons as to you shall seem meet & the said Forts and Fortificac̄ons again to Demolish or Dismantle as may be most convenient and to do and Execute all and every other thing which to a Captain Generall doth or ought of right to belong as fully and amply as any other Our Captain General doth or hath vsually done according to the Powers hereby granted or to be granted to you And wee do hereby Give and grant vnto you the said Elizeus Burges full power and authority to Constitute and appoint Captains Masters & other Com̄anders of Ships and grant vnto such Captains Masters and other Com̄anders of Ships Com̄issions to Execute the law Martiall according to the direcc̄ons of an Act passed in the thirteenth year of King Charles the second for the Regulating and better government of his Majesties Navy Ships of Warr and forces by sea during the time of Actual War Invasion or Insurrection and to vse such proceedings Authorities Punishments Correction and Execuc̄on vpon any Offender or Offenders which shall be Mutinous, Seditious disorderly or any way vnruly 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 Martiall 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 Jurisdic͞cion of any Offence cause matter or thing com̄itted or done vpon the high Sea or within any the Havens Rivers or Creeks of our said Province or Territories under your Government by any Captain Com̄ander Lieutenant Master or other Officer Seaman Soldier or Person whatsoever who shall be in Actuall Service and Pay in or on Board any of our Ships of War or other vessels Acting by im̄ediate Com̄ission or Warrant from our Com̄issioners for executing the Office of our High Admiral of Great Britain vnder the Seal of our Admiralty or from our High Admirall of Great Britain for the time being But that such Captain Com̄ander Lievtenant 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 vnder 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 of Great Britain or from our high Admiral of Great Britain for the time being according to the Act of Parliament passed in the Thirteenth year of the Reign of King Charles the second Entituled An Act for y^e establishing Articles and Orders for the regulating & better Government of his Majesties Navy Ships of War and Forces by Sea and not otherwise Provided also that all Disorders and Misdemeanors comitted on Shoar by any Captain Com̄ander Lievtenant Master or other Officer Seaman Soldier or other person whatsoever belonging to any of our Ships of War or other vessells acting by im̄ediate Com̄ission or Warrant from our Com̄issioners for Executing the Office of our high Admiral of Great Britain vnder the Seal of our Admiralty or from our High Admiral of Great Britain for the time being may be Tryed and Punished according to the Laws of the place where any such Disorders Offences and Misdemeanors shall be so com̄itted on Shoar notwithstanding such Offender be in our actuall service and born in our pay on Board any such our Ships of War or other Vessells acting by im̄ediate Commission or Warrant from our Com̄issioners for Executing the Office of our high Admirall or from our high Admirall as aforesaid so as he shall not receive any protection for the avoiding of Justice for such offences com̄itted on shoar 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 menc̄oned to be granted take vpon you to give grant or dispose of any Office or place within our said Province and Territories which now is or shall be granted vnder the Great Seal of Great Britain any further than that you may vpon the vacancy of any such Office or suspenc̄on of any Officer by you put in any person to Officiate in the Interval vntill the said place be disposed of by vs Our heires and Successors vnder 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 Civill and Military and all other the Inhabitants of our said Province and Territory to be obedient aiding and Assisting vnto you the said Elizeus Burges in the Execution of this our Com̄ission 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 vnto such person as shall be appointed by vs to be our Lievtenant Governour or Com̄ander 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 vntill your arrival within our said Province and if vpon your Death or absence out of our said Province there be no person vpon the place Com̄issionated or appointed by vs to be our Lievtenant 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 vpon them the Administrac̄on of the Government and Execute our said Com̄ission and Instructions and the severall 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 vntill your Returne or in all Cases vntill our further pleasure be known therein and that in such Case the Eldest Councilor present at each Meeting of the said Council shall always preside therein And our pleasure is that you the said Elizeus Burges shall and may hold Execute and enjoy the Office and place of our Captain General and Governour 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 vnto 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 Elizeus Burges 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 Plantac̄on the Narraganset Country or Kings Province and of all our Forts and Places of strength within the same 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 Plantac̄on and the Narraganset Country or Kings Province Wee do hereby give and Grant vnto you the said Elizeus Burges and in your absence to our Lieutenant Governour or Comander in Chief or Council of our Province of the Massachusets Bay for the time being as aforesaid all and every the like powers as in these presents are before Granted and recited for the Ruleing 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 Elizeus Burges and in your absence from our Territory and Dominion of New England by our said Lievtenant Governor or Com̄ander 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 for and during our Pleasure

In witnesse &c Witnesse our Selfe at Westm̄ the seventeenth Day of March By Writt of Privy Seal106 Paten’ de Anno Regni Regis Georgii primo Nos autem tenorem premissorum predictorum ad Requisicionem Elizei Burges Armigeri Duximus Exemplificandum per presentes In cujus rei Testimonium has Literas Fieri fecimus Patentes Teste me ipso apud Westmonasterium primo die Septembris Anno Regni nostri secundo

TREVOR MATTHIAS

— Public Record Office, Patent Roll, 1 George I, Part 8, No. 25. Compared with the Exemplification107 in the library of the Massachusetts Historical Society (171. 2. 4).108

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

1 April, 1702

Anne by the Grace of God &^c To our Trusty and Welbeloved Joseph Dudley Esquire Greeting

Whereas our late Royal Brother and Sister King William and Queen Mary of Blessed memory by their Charter vnder their Great Seale of England bearing date the seaventh day of October in the third yeare of their Reigne have vnited Erected and Incorporated the Colony of the Massachusetts Bay the Colony of New Plymouth the Province of Main in New England the Territorie of Accadie or Nova Scotia and the land lying between the said Territorie of Nova Scotia and the Province of Main aforesaid into one real Province by the name of the Province of the Massachusetts Bay in New England and have thereby granted to Our loveing Subiects the Inhabitants of our said Province or Territory of the Massachusetts Bay in New England and their Successors That there shall be a Governor a lieutenant Governor and a Secretarye of our said Province and Territory to be from time to time appointed and Comissionated by vs our heires and Successors With severall Priviledges Franchises and Immunities thereby granted to our said loveing Subiects Wee therefore Reposeing especiall Trust and confidence in your Prudence Courage and loyalty out of our especial Grace certaine Knowledge and meer moco͞n have thought fitt to Constitute and appoint And by these presents Doe Constitute and appoint you the said Joseph Dudley to be our Captaine Generall and Governor in Cheife in and over our said Province of the Massachusetts Bay in New England And for your better Guidance and Directions Wee do hereby Require and Command you to doe and execute all thinge in due manner that shall belong vnto the Trust Wee have reposed in you according to the severall Powers and Authorities menco͞ned in the said Charter and in these Presents and such further Powers and Instruc͞cons and Authorities as you shall receive or which shall at any time hereafter be granted or appointed you vnder our Signe Manual and Signett or by Order of Our Privy Councill 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 vpon in such manner and forme as by the said Charter is directed And Wee do hereby give and Grant vnto you full power and Authority where you shall see Cause and shall Judge any offender or Offenders in Capitall or Crimenall matters for any Fines or Forfeitures due vnto vs fitt obiects of our mercy to Pardon all such Offenders and to Remitt such Fines and Forfeitures Treason and Wilfull murder only Excepted In which Cases you shall likewise have power vpon extraordinary occasions to grant Repreives to the Offenders therein To the end and vntill our pleasure shall be further knowne And Wee Doe hereby Give and Grant vnto you the said Joseph Dudley by your selfe your Captaines and Commanders by you to be authorized full Power and Authority to levy arm muster Com̄and or employ all persons Whatsoever resideing within our said Province and Territorie of the Masachusetts Bay in New England and as occasion shall require them to Transferr from one place to another for the resisting and withstanding of all Enemies Pirates and Rebells both at land and Sea and such Forces with their owne consent or with the Consent of our Councill and Assembly to Transport to any of our Plantacon̄s in America as occasion shall require for the Defence of the same against the Invasion or Attempts of any of our Enemies and such Enemies Pirates and Rebells if occasion shall require to pursue and prosecute in or out of the limits of our said Province or any part thereof And if it shall soe please God them to vanquish apprehend and take and being taken either according to law to put to death or to keepe and preserve alive at your discretion Wee do further give and Grant vnto you full power and authority to Erect raise and build within our Province and Territory aforesaid such and so many Forts Platformes Castles and Fortificac͞o͞ns as you shall iudge necessary and the same or any of them to fortify and furnish with Ordnance Ammunic͞o͞n and all sorts of Armes 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 seeme meet And the said Forts and Fortificac͞o͞ns againe to demolish or dismantle as may be most convenient and to doe and execute all and every other thing which to a Captaine Generall doth or ought of Right to belong as fully and amply as any other our Captaine Generall doth or hath vsually done according to the Powers hereby granted or to be granted to you And Wee Doe hereby give and Grant vnto you the said Joseph Dudley full power and authority to constitute and appoint Captaines masters and other Commanders of Shipps and to grant vnto such captaines masters and other Com̄anders of Shipps Com̄issions to execute the law martiall dureing the time of Actual Warr Invasion or Insurrecc͞o͞n and to vse such Proceedings Authorities Punishments Correcco͞n͞s and Execuco͞ns vpon any Offender or Offenders which shall be mutinous seditious disorderly or any way vnruly either at Sea or during the time of their abode or Residencein any of the Ports Harbors or Bays of our said Province and Territorie as the Cause shall be found to require according to martiall law during the time of Warr as aforesaid Provided that nothing herein contained shall be construed to the enabling you or any by your Authority to hold Plea or have Jurisdicc͞o͞n of any Offence Cause matter or thing committed or done vpon the high Sea or within any of the Havens Rivers or Creeks of our said Province or Territories vnder your Government by any Captain Com̄ander lievtenant master or other Officer Seaman Soldier or Person Whatsoever who shall be in actuall Service and pay in and on Board any of our Shipps of Warr or other Vessells Acting by Immediate Com̄ission or Warrant from our High Admirall of England now and for the time being vnder the Seale of our Admiralty or from our Com̄issioners for executeing the Office of our high Admirall of England for the time being But that such Captaine Commander lievtenant master Officer Seaman Soldier or other Person soe offending shall be left to be proceeded against and Tryed as the meritt of their offences shall require either by Com̄ission vnder our Great Seale of England as the Statute of the Eight and twentieth of Henry the Eighth directs or by Com̄ission from our high Admirall of England now and for the time being or from our Commissioners for executing the office of our High Admirall of England for the time being according to the Act of Parliament passed in the thirteenth yeare of the Reigne of our Dearest vncle King Charles the second of blessed memory Entituled, An Act for the Establishing Articles and Orders for the Regulateing and better Government of his maiesties Navy Shipps of Warr and forces by Sea, and not otherwise. Saveing onely that it shall and may be lawfull for you vpon any such Captaine or Com̄anders refuseing or neglecting to execute or vpon his negligent or vndue Execuco͞n of any the Written Orders he shall receive from you for our Service and the Service of our said Province and Territorie to Suspend him the said Captaine or Commander from the Exercise of his said Office of Comander and com̄itt him into safe Custodie either on Board his owne Shipp or elsewhere at your own discretion in Order to his being brought to Answer for the same by Com̄ission either vnder our Great Seale of England or from our high Admirall of England now and for the time being or from our Com̄issioners for executeing the Office of our high Admirall of England for the time being as is before expressed In which Case our Will and pleasure is That the Captaine or Com̄ander so by you suspended shall during such his Suspencon and Com̄ittment be Succeeded in his said Office by such Com̄ission or Warrant Officer of our said Ship appointed by our High Admirall of England now and for the time being or by our Com̄issioners for Executeing the Office of our high Admirall of England for the time being as by the known practice and Discipline of our Navy do’s and ought next to Succeed him as in case of death Sicknesse or other ordinary disability happening to the Com̄anders of any of our Shipps of Warr and not otherwise you standing also accountable to vs for the Truth and Importance of the Crimes and misdemeanors for which you shall soe proceed to the suspending of such our Captaine or Commander Provided also That all disorders and misdemeans100 comitted on Shore by any Captaine Commander lievtenant master or other Officer Seaman Soldier or person whatsoever belonging to any of our Shipps of Warr or other vessells Acting by immediate Com̄ission or Warrant from our high Admirall of England now and for the time being vnder the Seale of our Admiralty or from our Com̄issioners for executeing the Office of our high Admirall of England for the time being may be tryed and punished according to the laws of the Place Where any such Disorders Offences and misdemeanors shall be soe comitted on Shore notwithstanding such Offender be in our Actuall Service and in our pay on Board any such our Shipps of Warr or other Vessells acting by immediate Com̄ission or Warrant from our high Admirall of England now and for the time being or from our Commissioners for executing the office of our high Admirall of England as aforesaid Soe as he shall not receive any Protec͞con for the avoiding of Justice for such Offences committed on Shore from any pretence of his being imployed 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 menco͞ned to be granted take vpon you to give grant or dispose of any Office or Place within our said Province and Territories which now is or shall be granted vnder the Great Seale of England any further then that you may vpon the vacancy of any such Office or suspenc͞on of any Officer by you put in any person to Officiat in the Intervall vntill the said place be disposed of by vs our heires or Successors vnder the Great Seale of England or that our Direcco͞ns 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 Territorie to be obedient aiding and assisting vnto you the said Joseph Dudley in the Execuco͞n of this our Com̄ission and of the Powers and authorities therein conteined And vpon your death or absence out of our said Province and Territories To our lievtenant Governor of our said Province And vpon such your death or absence and the death or absence of our said lievtenant Governor to our Councill of our said Province and Territory for the time being To whom Wee do by these Presents Give and grant all and singular the Powers and Authorities hereby granted unto you to be by him or them respectively exercised and enjoyed vntill the Beturne of you our Governor or of our lievtenant Governor or the Arrivall or Constitucon̄ of such other Governor as shall be thereupon commissionated and appointed by vs And our Will and pleasure is That you the said Joseph Dudley shall and may hold execute and enjoy the Office and place of our Captaine Generall and Governor in Cheif 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 vnto you for and dureing our Will and pleasure And Whereas there are divers Colonies adioyning to our Province of the Massachusetts Bay for the Defence and Security whereof it is requisite That due care be taken in the time of Warr Wee have therefore thought it further necessary for our Service and for the better Protecco͞n and Security of our Subiects inhabiting those parts to Constitute and appoint and Wee doe by these presents Constitute and appoint you the said Joseph Dudley to be our Captaine Generall and Commander in Chiefe of the militia and of all the Forces by Sea and land within our Colonies of Rhode Island and Providence Plantao͞n and the Narraganset Country or Kings Province and of all our Forts and places of Strength within the same And for the better Ordering Governing and Ruleing of our said Militia and all our Forces Forts and places of Strength within our said Colonies of Rhode Island and Providence Plantacc͞o͞n and Narraganset Country or Kings Province Wee do hereby give and Grant vnto you the said Joseph Dudley and in your absence to our lievtenant Governor or Comander in Chief of our Province of the Massachusetts Bay all and every the like Powers as in these presents are before granted and recited for the Ruleing Governing and Ordering our Militia and all our Forces Forts and places of Strength within our Province of the Massachusetts Bay to be exercised by you the said Joseph Dudley and in your absence from our Territory and Dominion of New England by our said lievtenant Governor or Commander in Cheife of our said Province of the Massachusetts Bay for the time being within our said Colonies of Rhode Island and Providence Plantacon and the Narraganset Country or King101 Province for and dureing our Pleasure And lastly We have determined and made void and by these presents do determine and make void the like Com̄ission102 or Letters Patents vnder the Great Seale of England bearing date at Westminster the thirteenth day of February now last past granted by our said late Royall Brother King William the third vnto the said Joseph Dudley In Witnesse &c Witnesse our selfe at Westminster the first day of April

By Writt of Privy Seale

— Public Record Office, Patent Roll, 1 Anne, 3424, No. 8.

RICHARD, EARL OF BELLOMONT’S COMMISSION AS GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

18 June, 1697

William the Third by the grace of God Ring of England Scotland France and Ireland Defender of the faith &^c — To Our Right Trusty and Right Welbeloved Cousin Richard Earle of Bellomont Greeting

Whereas Wee have by Our Royall Charter under Our Great Seale of England bearing date the seventh day of October in the third yeare of Our Reigne united Erected and Incorporated the Colony of the Massachusets Bay the Colony of New Plymouth the Province of Main in New England the Territorie of Accadia or Nova Scotia and the lands lying between the said Territory of Nova Scotia and the province of Maine aforesaid into one reall Province by the name of Our Province of the Massachusetts Bay in New England and haveing thereby granted to Our loveing Subjects the Inhabitants of our said Province or Territory of the Massachusetts Bay in New England and their Successors That there shall be a Governor a Lieutenant Governor and Secretary of our said Province and Territory to be from time to time appointed and Com̄issionated by us our heires and Successors with severall Priviledges Franchises and Im̄unities thereby granted to our said loveing Subjects Wee therefore reposeing especiall Trust and confidence in your Prudence Courage and loyalty out of our especiall grace certaine knowledge and meer moto͞n have thought fitt to Constitute and appoint and by these Presents doe Constitute and appoint you the said Richard Earle of Bellomont to be Our Captaine Generall and Governour in Cheife in and over our said Province of the Massachusetts Bay in New England and for your better Guidance and direcc͞o͞n Wee doe hereby require and Com̄and you to doe and Execute all things in due manner that shall belong unto the Trust Wee have reposed in you according to the severall Powers and Authorities menc͞o͞ned in our said Charter and in these presents And such further Powers and Instrucco͞ns and authorities as you shall receive or which shall at any time hereafter be granted or appointed you under our Signe Manuall and Signett or by order of our Privy Councill in pursuance of our said Charter and according to such reasonable lawes and Statutes as are now in force or which hereafter shall be made and agreed upon in such manner and forme as by our said Charter is directed And Wee doe hereby Give and Grant unto you full power and authority Where you shall see cause and shall Judge any Offender or Offenders in Capitall or Criminall matters or for any Fines or Forfeitures due vnto us fit Objects of Our mercie 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 vntill our Pleasure shall be further knowne And Wee doe hereby Give and Grant vnto you the said Richard Earle of Bellomont by your selfe your Captains and Commanders by you to be Authorized full power and Authority to levy arme muster Command or Employ all persons whatsoever Resideing within Our said Province and Territory of the Massachusetts Bay in New England as occasion shall Require them to Transferr from One Place to another for the Resisting and Withstanding of all Enemies Pyratts and Rebells both att Land and Sea and such Forces with their owne Consent or with the Consent of Our Councill 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 them if Occasion shall Require to pursue out of the limitts of Our said Province or any part thereof And if it shall soe please God them to Vanquish apprehend and take and being Taken either according to the law of Armes to put to Death or to keepe and preserve alive at your Discretion Wee doe further Give and Grant unto you full Power and Authority to Erect Raise and Build within Our Province and Territorie aforesaid such and so many Forts Platformes 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 armes 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 demolish96 or Dismantle as may be most convenient and to doe and execute all and every other thing which to a Captaine Generall doth or ought of right to belong as fully and amply as any other Our Captain Generall doth or hath usually done according to the Powers hereby Granted or to be Granted to you And Wee doe hereby Give and97 vnto you the said Richard Earle of Bellomont full Power and Authority to constitute and appoint Captains Masters and other Commanders of Shipps and to Grant vnto such Captains Masters and other Commanders of Shipps Commission to Execute the law martiall in time of Actuall Warr and Invasion or Rebellion and to vse such Proceedings Authorities Punishments Correction & Execution vpon any Offender or Offenders which shall be mutinous Seditious Disorderly or any way vnruly either at Sea or dureing the time of their abode or Residence in any of the Ports Harbors or Bays of Our said Province and Territory as the cause shall be found to Require according to Martiall Law 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 any the Havens Rivers or Creeks of our said Province or Territory by any Captain Com̄ander Lievtenant Master or other Officer Seaman Soldier or Person whatsoever who shall be in actuall Service and Pay in and on Board any of Our Shipps of Warr or other Vessells acting by the im̄ediate Com̄ission or Warrant from our Commissioners for Executeing the Office of Our High Admirall of England vnder the Seal of Our Admiralty or from Our High Admirall of England for the time being But that such Captain Commander lievtenant Master Officer Seaman Soldier and other Person so Offending shall be left to be proceeded against and Tryed as the Merit of their Offence shall Require either by Commission under Our Great Seale of England as the Statute of the twenty Eighth of Henry the Eighth directs or by Commission from Our High Admirall for the time being according to the Act of Parliament passed in the thirteenth year of the Reigne of Our Dearest Uncle King Charles the Second of Blessed Memory entituled an Act for the regulateing and better Government of his Majesties Navy Shipps of Warr and Forces by Sea and not otherwise Saving only and that it may be lawfull for you upon any such Captaine or Commander refuseing or neglecting to Execute or upon his neglect or undue Execution of any of the written Orders he shall Receive from you for Our Service and the Service of Our said Province and Territory to suspend him the said Captain or Com̄ander from the Exercise of his said Office of Commander and Committ him to safe custody either on Board his owne Shipp or elsewhere at your Discretion in Order to his being brought to Answer for the98 by Commission either vnder Our Great Seale of England or from Our High Admiral as is before expressed In which Case Our Will and pleasure is That the Captain or Commander by you Suspended shall dureing such his Suspension and Committment be succeeded in his said Office by such Commission or Warrant Officer of Our said Shipp appointed by Our Commissioners for Executeing the Office of Our High Admirall of England or by Our High Admirall of England for the time being as by the known practice and Discipline of Our Navy does and ought next to succeed him as in case of Death Sicknesse or other Ordinary disability happening to the Commanders of any of Our Shipps of Warr and not otherwise you standing alsoe accomptable to vs for the Truth and Importance of the Crime and Misdemeanors for which you shall so proceed to the Suspending of such Our Captain or Commander Provided alsoe that all Disorders and Misdemeanors committed on Board by any Captain Commander or lievtenant Master or other Officer Seaman Soldier or Person whatsoever belonging to any of our Shipps of Warr or other Vessells acting by im̄ediate Commission or Warrant from Our Commissioners for the Executeing the Office of Our High Admirall of England under the Seale of Our Admiralty or from Our High Admirall of England for the time being may be Tryed and punished according to the lawes of the Place where any such Disorders Offences and Misdemeanors shall be com̄itted on Shoare Notwithstanding such Offender be in our Actuall Service and borne in Our Pay on Board any such our Shipps of War or other Vessells acting by im̄ediate Commission or Warrant from Our Commissioners for Executeing the Office of Our High Admirall or from Our High Admirall as aforesaid Soe as he shall not Receive any Protection for the Avoiding of Justice for such Offences committed on Shoare 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 which shall be Granted vnder the Great Seale of England any further than that you may upon the Vacancy of any such Office Suspension of any Officer by99 putt in any Person to Officiate in the Intervall until the said Place be Disposed by Us under the Great Seale of England or that Our Directions be otherwise Given therein And Wee doe hereby Require and Command all Officers and Ministers Civill and Military and all other the Inhabitants of Our said Province and Territory to be Obedient Aiding and Assisting vnto you the said Richard Earle of Bellomont in the Execution of this Our Commission and of the Powers and Authorities therein contained and upon your Death or Absence and the Death or Absence of our said lievtenant Governor to Our Councill of Our said Province and Territory for the time being To whome Wee doe by these p^rsents Give and Grant all and singular the Powers and Authorities hereby Granted vnto you to be by him or them respectively exercised and Enjoyed vntill the returne of you Our Governor or of Our lieutenant Governor or the Arrivall or Constitution of such other Governour as shall be thereupon Commissionated and appointed by Us And Our Will and Pleasure is That you the said Richard Earle of Bellomont shall and may hold Execute and Enjoy the Office and Place of Our Captain Generall and Governor in Chiefe in and Over Our said Province and Territory of the Massachusetts Bay in New England With all and singular the Powers and Authorities hereby Granted unto you for and dureing Our Will and Pleasure And Whereas there are divers Colonies adjoyning to Our Province of the Massachusetts Bay for the Defence and Security whereof it is requisite that due care be taken in this time of Warr Wee have therefore thought it further necessary for Our Service and for the better Protection and Security of Our Subjects Inhabiting in those Parts to Constitute and Appoint and Wee doe by these p^rsents Constitute and Appoint You the said Richard Earle of Bellomont to be Our Captain Generall and Commander in Chief of the Militia and of all the Forces by Sea and land within Our Colonies of Connecticutt Rhode-Island Providence Plantation and the Narraganzett Countrey or Kings Province and of all Our Forts and Places of Strength within the same And for the better Ordering Governing and Ruleing Our said Militia and all Our Forces Forts and Places of Strength within Our said Colonies of Connecticut Rhode Island Providence Plantation and the Narragansett Countrey or Kings Province Wee doe hereby Give and Grant vnto you the said Richard Earle of Bellomont and in your Absence to Our lievtenant Governor or Commander in Chief of Our Province of the Massachusetts Bay all and every the like Powers as in these Presents are before granted and Recited for the ruleing Governing Ordering Our Militia and all Our Forces Forts and Places of Strength within Our Province of the Massachusetts Bay to be Exercised by you the said Richard Earle of Bellomont and in your absence from Our Territorie and Dominion of New England by Our said lievtenant Governor or Commander in Chief of our said Province of the Massachusetts Bay within Our said Colonies of Connecticut Rhode Island Providence Plantation and the Narraganzett Countrey for and dureing Our Pleasure In Witness &c Witness our self at Westminster the eighteenth Day of June

By Writt of Privy Seale

— Public Record Office, Patent Roll, 9 William III, Part 6, dorse, No. 3.

SIR WILLIAM PHIPS’S COMMISSION as GOVERNOR OF THE PROVINCE OF THE MASSACHUSETTS BAY

12 December, 1691

William and Mary by the Grace of God king and Queen of England Scotland France and Ireland Defenders Of faith &^c To our Trusty and Wellbeloved Sir William Phipps Knight Greeting

Whereas Wee have by our Royall Charter vnder the Great Seale of England bearing date the seaventh day of October in the third yeare of our Reigne vnited Erected and Incorpoporated the Colony of the Massachusets Bay the Colony of New Plymouth, the Province of Maine in New England the Territories of Accadie or Nova Scotia and the lands lying between the said Territory of Nova Scotia and the Province of Main aforesaid into one reall Province by the Name of the Province of the Massachusets Bay in New England and haveing thereby granted to our Loveing Subjects the Inhabitants of our said Province or Territy of the Massachusets Bay in New England and their Successors That there shall be a Governor a Leivtenant Governor and a Secretary of our said Province or Territory to be from time to time appointed and Com̄issionated by us our heires and Successors with severall Priviledges Franchizes and Imunities thereby Granted to our said loving Subjects Wee therefor reposeing especiall Trust and Confidence in your Prudence Courage and loyalty out of our especiall Grace certain Knowledge and meere Motion have thought fitt to Constitute and appoint And by these p^rsents Doe Constitute and appoint you the said Sir William Phipps to be our Captain Generall and Governor in Chief in and over our said Province of the Massachusetts Bay in New England and for your better Guidance and Direcc͞o͞n Wee doe hereby require you to doe and Execute all things in due manner that shall belong vnto the Trust Wee have reposed in you according to the severall Powers and Authorities menc͞o͞ned in our said Charter and in these p^rsents or such further powers Instrucco͞ns and Authorities as you shall now receive or which shall at any time hereafter be granted or appointed you vnder our Signe Manuall and Signet or by Order in our Privy Council in pursuance of our said Charter and according to such reasonable Laws and Statutes as now are in force or which hereafter shall be made and agreed vpon in such manner and forme as by our said Charter is directed And Wee doe hereby give and grant vnto you full power and authority where you shall see cause and shall Judge any Offender or Offenders in Capitall or Criminall matters or for any Fynes or Forfeitures due vnto vs fitt Objects of our Mercy to Pardon all such Offenders and to remitt such Fynes and Forfeitures Treasons and Willfull Murther onely excepted in which Case you shall likewise have power vpon Extraordinary Occasions to grant Reprieves to the Offenders therein to the end and vntill our pleasure be further knowne And Wee doe hereby give and Grant vnto you the said Sir William Phipps by your selfe your Captaines and Com̄anders by you to be authorized full Power and Authority to levy Arme muster Command or imploy all persons whatsoever resideing within our said Province and Territory of the Massachusetts Bay in New England and as occasion shall serve them to Transferr from one place to another for the resisting and withstanding of all Enemies Pirates and Rebells both at land and Sea and such Forces with their owne 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 attempt of any of our Enemies and them if occasion shall require to pursue and prosecute out of the limitts of our said Province or any part thereof and if it shall soe please God them to vanquish apprehend and take and being taken either according to the Law of Armes to put to death or to keepe and p^rserve alive at your discretion Wee do further Give and Grant vnto you full Power and Authority to Erect Raise and build within our Province and Territory aforesaid such and soe many Forts Platformes Castles and Fortifications as you shall judge necessary and the same or any of them to fortifie and furnish with Ordnance Amunition and all sorts of Armes fitt and necessary for the security and defence of our said Province and from time to time to comitt the Government of the same to such person or persons as to you shall seeme meet And the said Forts and Fortifications againe to demolish or dismantle as may be most convenient and to doe and execute all and every other thing which to a Captaine Generall doth or ought of Right to belong as fully and amply as any our Captain Generall doth or hath vsually done and according to the powers hereby granted or to be granted vnto you And Wee doe further give and Grant vnto you the said Sir William Phips full power and Authority to Erect one or more Court or Courts Admirall within our said Province and Territory for the hearing and determining of all Marine and other Causes and matters proper therein to be heard with all reasonable Fees and priviledges As alsoe to exercise all powers belonging to the place and Office of vice Admirall of and in all the Seas and Coasts about your Government according to such Com̄issions Authorities and Instrucc͞o͞ns as you shall receive from our selfe or from our high Admirall or Com̄issioners for executeing the Office of high Admirall for the time being And Wee do hereby give and Grant vnto you the said Sir William Phipps full power and Authority to Constitute and appoint Captaines and Masters of Shipps and other Com̄anders and grant vnto such Captaines Masters of Shipps and other Com̄anders Com̄issions to Execute the Law Martiall in time of Actuall Warr Invasion or Rebellion and to vse such proceedings Authorities Punishments Correction and execuc͞o͞n vpon any Offender or Offenders which shall be mutinous Seditious disorderly or anyway vnruly either at Sea or dureing the time of their abode or residence in any of the Ports harbours or Bayes of our said Province and Territory as the Cause shall be found to require according to martiall Law Provided that nothing herein conteyned shall be construed to the enableing you or any by your Authority to hold plea or have Jurisdicc͞o͞n of any Offence Cause matter or thing comitted or done vpon the high Sea or within any of the Havens Rivers or Creekes of our said Province or Territory by any Captain Comander Leiutenant master or other Officer Seaman Soldier or Person whatsoever who shall be in Actuall Service and pay in and on board any of our Shipps of Warr or other vessells acting by im̄ediate Com̄ission or Warrant from Our Com̄issioners for Executeing the Office of our high Admirall of England vnder the Seale of our Admiralty or from our high Admirall of England for the time being But that such Captain Commander Leiutenant master officer Seaman Souldier and other person so Offending shall be left to be proceeded against and tried as the meritt of their Offences shall require either by Comission vnder our great Seale of England as the Statute of the Eight and twentieth of Henry the Eighth directs or by Com̄ission from our high Admirall for the time being according to the Act of Parliament passed in the thirteenth yeare of the Reigne of our dearest vncle King Charles the Second of blessed memory Entituled an Act for Establishing Articles and Orders for the Regulateing and better Government of his Majesties Navy Shipps of Warr and Forces by Sea and not otherwise saveing onely that it shall and may be lawfull for you vpon any such Captaine or Com̄anders refuseing or neglecting to Execute or vpon his Neglect or vndue Execution of any of the Written Orders he shall receive from you for our Service and the Service of our said province and Territory to suspend him the said Captaine or Com̄ander from the Exercise of his said Office of Commander and to comitt him to safe Custody either on board his owne Shipp or elsewhere at your discretion in Order to his being brought to Answer for the same by Com̄ission either vnder our Great Seale of England or from our high Admirall as is before Expressed in Which Case our Will and pleasure is That the Captaine or Commander soe by you suspended shall dureing such his Suspention and Comittment be succeeded in his said Office by such Comission or Warrant Officer of our said Ship appointed by our Com̄issioners for executeing the Office of our high Admirall of England or by our high Admirall of England for the time being as by the known practice and discipline of our Navy does or ought next to Succeed him as in case of Death Sicknesse or other Ordinary disability happening to the Com̄ander of any of our Shipps and not otherwise you standing alsoe accountable to vs for the truth and Importance of the Crime for which you shall soe proceed to the Suspending of such our Captain and Com̄ander Provided alsoe that all disorders and misdemeanors comitted on shore by any Captaine Com̄ander Leiutenant Master or other Officer Seaman Soldier or person whatsoever belonging to any of our Shipps of Warr or other Vessells acting by imediate Com̄ission or Warrant from our Com̄issioners for Executeing the Office of our High Admirall of England vnder the Seale of our Admiralty or from our high Admirall of England for the time being may be tried and punished according to the Laws of the place Where any such disorders Offences and misdemeanors shall be com̄itted on shoare notwithstanding such Offender be in our actuall service and borne in our pay on board any such our Shipps of Warr or other vessells acting by im̄ediate Com̄ission or Warrant from our Com̄issioners for Executeing the Office of our high Admirall as aforesaid soe as he shall not receive any protection for the avoiding of Justice for such Offences com̄itted on Shoare from any pretence of his being Imployed in our Service at Sea And Wee doe hereby require and Com̄and all Officers and Ministers Civil and Military and all other the Inhabitants of our said Province er Territory to be obedient ayding and assisting vnto you the said Sir William Phipps in the Execution of this our Com̄ission and of the Powers and Authorities therein conteyned and vpon your death or absence to our Leivenant Governor of our said Province and vpon such your death or absence and the death or absence of our said Leivenant Governor to our Council of our said Province or Territory To whome Wee doe by these presents give and grant all and singular the powers and Authorities hereby granted vnto you to be by him or them respectively exercised and enjoyed vntill the returne of you our Governor or our Leivtenant Governor or of the arrivall or Constitution of such other Governor or leivtenant Governor as shall be thereupon Com̄issionated and appointed by vs And our Will and pleasure is That you the said Sir William Phipps shall and may hold execute and enjoy the Office and place of our Captain Generall and Governour in Chiefe in and over our said Province and Territory of the Massachusetts Bay in New England with all and singular the powers and Authorities hereby granted vnto you for and dureing our Will and pleasure And Whereas there are divers Collonies adjoyning to our Province of the Massachusetts Bay for the Defence and security Whereof it is requisite that due care be taken in this time of Warr And Whereas by an Act of Parliament made in the thirteenth yeare of the reigne of our dearest vncle King Charles the Second of blessed memory It is declared that within all our Realmes and Dominions the sole and supreame power Government Com̄and and Disposition of the Militia and of all forces by Sea and Land and of all Forts and places of Strength is of right belonging to vs 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 doe by these presents Constitute and appoint you the said Sir William Phipps to be our Leivtenant and Comander in Chief of the Militia and of all the Forces by Sea and Land within our severall Colonies of Connecticut Rhode Iseland and Providence Plantac͞o͞n the Naragansett Country or Kings Province and our Province of New Hampshire and of all our Forts and places of Strength within the same And for the better Ordering Governing and ruleing our said militia and all our Forces Forts and places of Strength within all and every our Collonies and provinces aforemenco͞ned Wee doe hereby give and grant vnto you the said Sir William Phipps and in your absence from our Territory and Dominion of New England to our leiutenant Governo^r of our Province of the Massachusetts Bay and all and every the like powers as in these p^rsents are before Granted and recited for the ruleing Governing and Ordering our Militia and all our Forces Forts and places of Strength Within our Province of the Massachusetts Bay to be exercised by you the said Sir William Phipps within our said Colonies and Provinces in such your absence by you our said Leiutenant Governor of our said Province of the Massachusetts Bay for and dureing Our pleasure In Witnesse &c Witnesse our selves at Westm̄^r the twelveth day of Dcember

By Writt of Privy Seale

— Public Record Office, Patent Roll, 3 William and Mary, Part 9, No. 17.

SIR EDMUND ANDROS’S SECOND COMMISSION as GOVERNOR OF THE TERRITORY AND DOMINION OF NEW ENGLAND

7 April, 1688

James the Second by the Grace of God King of England Scotland France and Ireland Defender of the faith &c To Our Trusty and Welbeloved Sir Edmund Andros Knight Greeting

Whereas by Our Commission vnder Our Greate Seale of England beareing date the third day of June in the second yeare of Our reigne Wee have constituted and appointed you to bee Our Captaine Generall and Governor in Cheife in and over all that part of Our Territory and Dominion of New England in America knowne by the name of Our Colony of the Massachusetts Bay Our Colony of New Plymouth Our Provinces of New Hampshire and Main and the Narragansett Country or King’s Province And Whereas since that time Wee have thought it necessary for Our Service and for the better protection and security of Our Subjects in those parts to Joyne and annex to Our said Government the neighbouring Collonyes of Rhode Island and Conecticut Our Province of New Yorke and East and West Jersey with the Territories thereunto belonging, as Wee do hereby Joyne annex and vnite the same to Our said Government and Dominion of New England Wee therefore reposeing speciall Trust and Confidence in the Prudence Courage and Loyalty of you the said Sir Edmund Andros out of Our especiall Grace certaine knowledge and meere motion, have thought fitt to constitute and appoint as Wee doe by these presents Constitute and appoint you the said Sir Edmund Andros to bee Our Captaine Generall and Governor in Cheife in and over Our Colonyes of the Massachusets Bay and New Plymouth Our Provinces of New Hampshire and Main the Narraganset Country or Kings Province Our Colonyes of Rhode Island and Conecticut Our Province of New Yorke and East and West Jersey and of all that Tract of land Circuite Continent precincts and lymitts in America lyeing and being in breadth from Forty degrees of Northern latitude from the Equinoctiall Line to the River of Saint Croix Eastward and from thence directly Northward to the River of Canada and in length and longitude by all the Breadth aforesaid throughout the maine land vppon the Atlantick or Westerne Sea and Ocean on the East part to the South Sea on the West part with all the Islands Seas Rivers Waters Rights members and appurtenances therevnto belonging Our Province of Pensilvania and Country of Delawere onely Excepted to bee called and knowne as formerly by the name and Tytle of Our Territory and Dominion of New England in America and for your better Guidance and direction Wee doe hereby require and Command you to doe and execute all things in due manner that shall belong vnto the said Office and the Trust Wee have reposed in you according to the severall powers Instructions and Authorityes mentioned in these presents or such further powers Instructions and authorityes as you shall herewith receive or which shall at any time hereafter bee granted or appointed you vnder Our Signett and signe mannuall or by Our Order in Our Privy Councell and according to such reasonable laws and Statutes as are now in force or such others as shall hereafter bee made and established within that Our Territory and Dominion aforesaid And Our Will and pleasure is that you the said Sir Edmond Andros haveing after the publication of these Our Letters Patents first taken the Oath of duely Executeing the Office of Our Captaine Generall and Governor in Cheife of our said Territory and Dominion which Our Councell there or any three of them are hereby required authorized and Impowered to give and Administer vnto you you shall administer vnto each of the members of Our Councell the Oath for the due Execuco͞n of theire places and Trusts And Wee doe hereby give and Grant vnto you full power and Authority to suspend any member of Our Councell from sitting voting and assisting therein as you shall finde Just Cause for soe doeing And if itt shall hereafter att any time happen that by the death departure out of Our said Territory or suspention of any of Our Councillors or otherwise there shall bee a vacancy in our said Councell any five whereof Wee doe hereby appoint to bee a Quorum Our Will and Pleasure is that you signifye the same vnto vs by the First opportunity that Wee may vnder Our Signett and Signe Mannuall constitute and appoint others in theire Room And Wee doe hereby give and Grant vnto you full power and Authority by and with the advice and Consent of Our said Councell or the mayor part of them to make Constitute and Ordaine Lawes Statutes and Ordinances for the publicke peace Welfare and good Government of Our said Territory and Dominion and of the people and Inhabitants thereof and such others as shall resort thereto and for the benefitt of vs Our heires and Successors Which said lawes Statutes and Ordinances are to bee as neare as Conveniently may bee agreable to the lawes and Statutes of this Our kingdome of England Provided that all such Lawes Statutes and Ordinances of what nature or duration soever bee within three months or sooner after the makeing of the same transmitted vnto vs vnder Our Seale of New England for allowance or Disapprobation of them as alsoe Duplicates thereof by the next Conveyance And Wee doe by these presents Give and Grant vnto you full power and authority by and with the advice and Consent of Our said Councill or the major part of them to impose assess raise and levy such Rates and Taxes as you shall finde necessary for the support of the Government within Our Territory and Dominion of New England to bee Collected and levyed and to bee Employed to the vses aforesaid in such manner as to you and Our said Councill or the major part of them shall seeme most equall and reasonable And for the better supporting the charge of the Government of Our said Territory and Dominion Our Will and Pleasure is and Wee doe by these presents Authorize and Impower you the said Sir Edmond Andros and Our Councill to Continue such Taxes and Impositions as are now laid and Imposed uppon the Inhabitants thereof And to levy and Distribute or cause the same to bee levyed and distributed to those ends in the best and most equall manner vntill you shall by and with the advice and Consent of Our Councill agree on and settle such other Taxes as shall bee sufficient for the support of Our Government there which are to bee applyed to that vse and noe other And Our further Will and pleasure is that all publicke money raised or to bee raised or appointed for the support of the Government Within Our said Territory and Dominion bee issued out by Warrant or Order from you by and with the advice and Consent of Our Councill as aforesaid And Our Will and pleasure is that you shall and may keepe and vse Our Seale appointed by vs for Our said Territory and Dominion And Wee doe by these presents Ordaine Constitute and appoint you or the Commander in Cheife for the time being and the Councell of Our said Territory and Dominion for the time being to bee a Constant and settled Court of Record for the administraco͞n of Justice to all Our Subjects Inhabiteing within Our said Territory and Dominion in all Causes aswell Civill as Criminall with full power and authority to hold Pleas in all causes from time to time aswell in Pleas of the Crowne and in all matters relateing to the Conservation of the Peace and Punishment of Offenders as in Civill Causes and actions betweene party and party or between Us and any of Our Subjects there Whether the same doe concerne the Realty and Relate to any Right of Freehold and Inheritance or whether the same doe concerne the Personalty and Relate to matter of debt contract Damage or other personall Injury and alsoe in all mixt Actions which may concerne both Realty and personalty and therein after due and Orderly proceeding and deliberate heareing of both sides to give Judgment and to award Execuco͞n aswell in Criminall as in Civill causes as aforesaid soe as alwayes that the Formes of Proceedings in such Cases and the Judgment therevppon to be given bee as Consonant and agreeable to the laws and Statutes of this Our Realme of England as the present State and Condition of Our Subjects Inhabiteing within Our said Territory and Dominion and the Circumstances of the Place will admitt And Wee doe further hereby give and Grant vnto you full power and Authority with the advice and Consent of Our said Councill to Erect Constitute and Establish such and soe many Courts of Judicature and publicke Justice within Our said Territory and Dominion as you and they shall thinke fitt and necessary for the determineing of all Causes aswell Criminall as Civill according to law and Equity and for awarding of Execuco͞n thereuppon with all reasonable and necessary Powers Authorityes Fees and Priviledges belonging vnto them And Wee doe hereby give and Grant vnto you full power and Authority to Constitute and appoint Judges and in Cases requisite Commissioners of Oyer and Terminer Justices of the Peace Sherriffes and all other necessary Officers and Ministers within Our said Territory for the better Administration of Justice and putting the lawes in Execution and to administer such Oath and Oaths as are vsually given for the due Execution and performance of Offices and Places and for the cleareing of truth in Judiciall Causes And Our further Will and pleasure is and Wee doe hereby declare that all Actings and proceedings att law or equity heretofore had or done or now depending within any of the Courts of Our said Territory and all Executions thereuppon bee hereby Confirmed and Continued soe farr forth as not to be avoyded for want of any legall Power in the said Courts but that all and every such Judiciall actings proceedings and Executions shall bee of the same force Effect and Vertue as if such Courts had acted by a Just and legall Authority And Wee doe further by these presents will and require you to permitt Appeales to bee made in Cases of Error from Our Courts in Our said Territory and Dominion of New England vnto you or the Commander in Cheife for the time being and the Councill in Civill Causes Provided the value appealed for doe Exceed the summe of One hundred pounds Sterling and that security bee First duely given by the Appellant to Answere such charges as shall bee awarded in Case the first sentence shall bee affirmed And Whereas Wee Judge itt necessary that all Our Subjects may have liberty to Appeale to Our Royall person in Cases that may require the same Our Will and pleasure is that if either party shall not rest satisfied with the Judgment or sentence of you (or the Commander in Cheife for the time being) and the Councill they may appeale vnto Us in Our Privy Councill Provided the matter in differrence exceed the Real value and summe of three hundred pounds Sterling and that such appeale bee made within one fortnight after sentence and that security bee likewise duely given by the Appellant to Answer such charges as shall bee awarded in Case the sentence of you or the Commander in Cheife for the time being and the Councell bee Confirmed And Provided alsoe that Execution bee not Suspended by reason of any such appeale vnto vs And Wee doe hereby give and Grant vnto you full power where you shall see Cause and shall Judge any Offender or Offenders in Capitall and Criminall matters or for any Fynes or Forfeitures due vnto vs fitt objects of our mercy to Pardon all such Offenders and to remitt such Fynes and Forfeitures Treason and willfull murther onely Excepted in which Cases you shall likewise have power vppon extraordinary occasions to Grant repreives to the Offenders therein vntill and to the Intent Our pleasure may bee further knowne And Wee doe hereby give and Grant vnto you the said Sir Edmond Andros by your selfe your Captaines and Commanders by you to bee authorized full power and authority to levy arms muster Command or employ all persons whatsoever resideing within Our said Territory and Dominion of New England and as occasion shall serve them to transferr from one place to an other for the resisting and withstanding all Enemyes Pirates and Rebells both att Sea and land and to transferr such forces vnto any of Our Plantations in America or the Territories therevnto belonging as occasion shall require for the defence of the same against the Invasion or attempt of any of our Enemyes and them if occasion shall require to persue and prosecute in or out of the limitts of our said Territoryes and Plantations or any of them and if itt shall soe please God them to vanquish and being taken according to the law of armes to putt to death or keepe and preserve alive att your discretion and alsoe to Execute martiall Law in time of Invasion Insurrecc͞o͞n or Warr and dureing the Continuance of the same and vppon souldiers in pay and to doe and Execute all and every other thing Which to a Captaine Generall doth or ought of Right to belong as fully and Amply as any Our Captaine Generall doth or hath vsually done And Wee doe hereby give and Grant vnto you full power and authority to Erect Raise and Build within Our Territory and Dominion aforesaid such and soe many Forts Platformes Castles Cittyes Burroughs Townes and Fortifications as you shall Judge necessary and the same or any of them to Fortify and furnish with Ordinance Amunition and all sorts of armes fitt and necessary for the Security and defence of Our said Territory and the same againe or any of them to demolish or dismantle as may be most Convenient And Wee doe hereby give and grant vnto you the said Sir Edmond Andros full power and Authority to Erect one or more Court or Courts Admirall within Our said Territory and Dominion for the heareing and determineing of all marine and other Causes and matters proper therein to bee heard and determined with all reasonable and necessary Powers Authorityes Fees and Priviledges And you are to Execute all powers belonging to the Place and Office of Vice Admirall of and in all the Seas and Coasts about your Government according to such Commission Authority and Instrucc͞o͞ns as you shall receive from ourself under the Seal of our Admiralty or from Our high Admirall of Our Foreigne Plantations for the time being And forasmuch as divers mutinies and Disorders doe happen by persons Shipped and employed att Sea and to the end that such as shall bee shipped or employed at Sea may bee the better Governd and ordered Wee doe hereby give and Grant vnto you the said Sir Edmond Andros our Captaine Generall and Governor in Cheife full power and Authority to Constitute and Appoint Captaines Masters of Shipps and other Com̄anders and to Grant vnto such Captaines Masters of Shipps and other Commanders Commissions to Execute the law martiall and to vse such proceedings Authorityes punishment Correction and Execution vppon any Offender or Offenders which shall bee mutinous seditious disorderly or any way unruley either att Sea or dureing the time of theire aboade or residence in any of the Ports harbors or Bays of Our said Territory and Dominion as the Cause shall bee found to require according to martiall law Provided that nothing herein contained shall bee Construed to the enableing you or any by your Authority to hold Plea or have Jurisdicc͞o͞n of any Offence Cause matter or thing com̄itted or done vpon the sea or within any of the havens Rivers or Creeks of Our said Territory and Dominion vnder your Government by any Captaine Commander Livetennant Master or other Officer Seaman souldier or person Whatsoever Whoe shall bee in actuall Service and pay in and on Board any of Our Shipps of Warr or other vessells acting by Im̄ediate Commission or Warrant from Our selfe vnder the Seale of Our Admiralty or from Our high Admirall of England for the time being but that such Captaine Commander Livetennant Master Officer Seaman Souldier and other person soe offending shall bee left to bee proceeded against and Tryed as the merritt of theire Offences shall require either by Commission vnder Our Greate Seale of England as the Statute of the Twenty eighth Henry the eighth directs or by Commission from Our said high Admirall according to the Act of Parliament passed in the thirteenth yeare of the reigne of the late King Our most Deare and most entirely beloved brother of ever blessed memory (entituled an Act for the establishing Articles and Orders for the Regulateing and better Government of His Ma͞t͞i͞e͞s Navys Shipps of Warr and forces by Sea) and not otherwise Saveing onely that itt shall and may bee lawfull for you uppon such Captaine or Commanders refuseing or neglecting to Execute or uppon his negligent or vndue Execuco͞n of any of the Written Orders hee shall receive from you for Our Service and the Service of Our said Territory and Dominion to suspend him the said Captaine or Commander from the Exercise of the said Office of Commander and Committ him into safe Custody either on board his owne Shipp or elsewhere att the discretion of you in Order to his being brought to answere for the same by Commission either vnder our Greate Seale of England or from Our said high Admirall as is before expressed in Which Case Our Will and pleasure is that the Captain or Commander soe by you suspended shall dureing such his suspention and committment bee succeeded in his said Office by such Commission or Warrant Officer of Our said Shipp appointed by Our selfe or Our high Admirall of England for the time as by the knowne Practice and Discipline of Our Navy doth and ought next to succeed him as in Case of death sicknesse or other Ordinary Disability hapning to the Commander of any of Our Shipps and not otherwise you standing alsoe accountable to vs for the truth and Importance of the Crimes and misdemeanours for which you shall soe proceed to the Suspending of such Our said Captaine or Commander Provided alsoe that all disorders and misdemeanors Committed or94 Shoare by and95 Captaine Commander Livetennant master or other Officer Seaman Souldier or person whatsoever belonging to any of Our shipps of Warr or other vessells acting by Im̄ediate Commission or Warrant from Our selfe vnder the Greate Seale of Our Admiralty or from Our high Admirall of England for the time being may bee Tryed and punished according to lawes of the Place where any such disorders offences and misdemeanors shall bee soe Committed on shoare notwithstanding such Offender be in Our Actuall Service and born in Our Pay on board any such Our Shipps of Warr or other Vessells acting by Imediate Commission or Warrant from Our selfe or Our high Admirall as aforesaid soe as hee 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 att sea and Wee doe likewise give and Grant vnto you full power and Authority by and with the advice and Consent of Our said Councell to agree with the Planters and Inhabitants of Our said Territory and Dominion concerneing such lands Tenements and hereditaments as now are or hereafter shall bee in Our power to dispose of and them to Grant vnto any person or persons for such Termes and vnder such moderatt quit Rents Services and acknowledgements to bee therevppon reserved vnto vs as shall bee appointed by vs which said Grants are to passe and bee Sealed by Our Seale of New England and (being entred uppon Record by such Officer or Officers as you shall appoint therevnto) shall bee good and effectuall in law against vs our heires and Successors And Wee doe give you full power and Authority to appoint soe many Faires martes and marketts as you with the advice of the said Councill shall thinke fitt as likewise to Order and appoint within Our said Territory such and soe many Ports harbours Bays havens and other places for the Convenience and security of Shipping and for the better loading and vnloading of goods and merchandizes as by you with the advice and Consent of Our Councell shall bee thought fitt and necessary and in them or any of them to Erect nominate and appoint Custome houses Warehouses and Officers relateing thereunto and them to alter change place or displace from time to time as with the advice aforesaid shall bee thought fitt And forasmuch as pursuant to the lawes and Customes of Our Coloney of the Massachusets Bay and of other Our Collonys and Provinces afore mentioned divers marryages have been made and performed by the magstrates of Our said Territory Our Royall Will and pleasure is hereby to Confirme all the said marriages and to direct that they bee held good and valide in the same manner To all Intents and purposes Whatsoever as if they had beene made and Contracted according to the lawes Established within Our Kingdome of England And Wee doe hereby require and Command all Officers and Ministers Civill and military and all other Inhabitants of Our said Territory and Dominion to bee obedient aydeing and assisting vnto you the said Sir Edmond Andros in the Execution of this Our Commission and of the powers and authorityes therein Contained and uppon your death or absence out of Our said Territory vnto Our Livetennant Governor to Whom Wee doe therefore by these presents give and Grant all and singuler the powers and authorityes aforesaid to bee exercised and enjoyed by him in Case of your death or absence dureing Our Pleasure or vntill your arrivall within Our said Territory and Dominion as Wee doe further hereby Give and Grant full power and authority to Our Livetennant Governor to doe and Execute whatsoever hee shall bee by you authorized and appointed to doe and Execute in pursuance of and according to the powers and authorityes granted to you by this Commission and if in Case of your death or absence there bee noe person vppon the place appointed by vs to bee Commander in Cheife Our Will and Pleasure is that the then present Councill of Our Territory aforesaid doe take uppon them the administraco͞n of the Government and Execute this Commission and the severall powers and authorityes herein Contained and that the First Counsellor whoe shall bee att the time of your death or absence resideing within the same doe preside in Our said Councill with such powers and preheminences as any former president hath vsed and enjoyed within Our said Territory or any other Our Plantations in America vntill Our Pleasure bee further knowne or your arrivall as aforesaid and lastly Our Will and Pleasure is that you the said Sir Edmond Andros shall and may hold execute and enjoy the Office and Place of Captaine Generall and Governor in Cheife in and over Our Territory and Dominion aforesaid with all its Rights members and appurtenances whatsoever together with all and singuler the powers and authorityes hereby Granted vnto you for and dureing Our Will and Pleasure In Witnesse &c Wittnesse the King at Westminster the seaventh day of Aprill

By Writt of Privy Seale

— Public Record Office, Patent Roll, 4 James II, Part 8, No. 8.

SIR EDMUND ANDROS’S FIRST COMMISSION as GOVERNOR OF THE TERRITORY AND DOMINION OF NEW ENGLAND

3 June, 1686

James the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith &c To our Trusty and Welbeloved Sir Edmund Andros Knight Greeting

Whereas the Government of that part of our Territory and Dominion of New England hereafter menco͞ned is now in our hands and being minded to give all protection and encouragement to our good subjects therein and to provide in the most effectuall manner for their security and Welfare Wee therefore reposeing especiall trust and confidence in the prudence courage and loyalty of you the said Sir Edmund Andros out of our especiall grace [and] certaine knowledge and meere Moco͞n have thought fitt to constitute and appoint and by these p^rsents doe constitute and appoint you the said S^r Edmund Andros to be our Captain Generall and Governor in Cheife in and over all that our Territory and Dominion of New England in America comonly called & knowne by the name of our Colony of the Massachusetts Bay our Colony of New Plymouth and our Provinces of New Hampshire and Maine the Narragansett Country otherwise called the Kings Province with all the Iselands rights and members to the said Colonies and Territories in any wise appertaining And for your better Guidance and direcc͞on Wee doe hereby require and Com̄and you to doe and execute all things in due manner that shall belong vnto the said Office [and] the Trust Wee have reposed in you according to the severall powers Instrucco͞ns and Authorities menco͞ned in these p^rsents or such further powers Instrucco͞ns and Authorities as you shall herewith receive or which shall at any time hereafter be granted or appointed you under our signett and signe manuall or by [our] Order in our Privy Councell and according to such reasonable laws and Statutes as are now in force or such other[s] as shall hereafter be made and Established within that our Territory and Dominion [of New England] aforesaid And our Will and pleasure is that you the said Sir Edmund Andros haveing (after your arrivall in New England and publication of these our letters Patents) first taken the oath of Allegiance together with the oath of duely Executeing the Office of our Captain Generall and Governor in Cheife of our said Territory and Dominion (which our Councell there or any three of them are hereby required authorized and impowred to give and Administer vnto you) you shall Administer unto each of the members of our Councell aswell the oath of Allegiance as the Oath [for] [of] the due Execco͞n of their [several] places and Trust. And Wee doe hereby give and grant vnto you full power and Authority to suspend any member of our Councill from sitting voteing and Assisting therein as you shall finde just cause for [your] soe doeing And if it shall [hereafter] at any time [hereafter] happen that by the death departure out of our said Territory or suspension of any of our Councellors or that otherwise there shall be a vacancy in Our said Councill (any five whereof Wee doe hereby appoint to be a Quorum) Our will and pleasure is that you signifie the same vnto vs by the first oppertunity that Wee may vnder our Signett and Signe Manuall constitute and appoint others in their room but that our affaires At that distance may not suffer for want of a due Number of Councellors if ever it shall happen that there are lesse than seaven of them resideing vpon the place Wee doe hereby give and grant [vn]to you full power and Authority to choose as many psons [out] of the principall Inhabitants thereof as will make vp the full number of our Councill to be seaven and noe more which persons by vertue of such Choice shall be to all intents and purposes our Councellors within our said Territory vntill they be confirmed by vs or that by nominaco͞n of others by vs vnder our Signe Manuall and Signett the said Councell shall have seaven ꝑsons in it And Wee doe hereby give and grant vnto you full power and authority by and with the advice and Consent of our said Councell or the major part of them to make constitute and ordaine Laws Statutes and Ordinances for the publique peace Welfare and good Governm^t of our said Territory and Dominion and of the people and Inhabitants thereof and such others as shall resort thereto and for the benefitt of vs our heires & Successors Which said Laws Statutes and Ordinances are to be as neare as Conveniently may be agreeable to the Laws and Statutes of this our Kingdome of England Provided that all such Laws Statutes and Ordinances of what nature or duration soever be within three monthes or sooner after the makeing of the same transmitted vnto vs vnder our Seale of New England for our allowance or disapprobaco͞n [of them] as allso Duplicates thereof by the next Conveyance And Wee doe by these p^rsents give and grant vnto you full power and authority by and with the advice and consent of our said Councill or the major part of them to impose and assesse and raise and levy such rates and Taxes as you shall finde necessary for the support of the Governm^t within our Territory and Dominion of New England to be collected [and] levyed and to be employed to the vse[s] aforesaid in such manner as to you and our said Councill or the major part of them shall seem most equall and reasonable And for the better supporting the Charge of the Governm^t of our said Territory and Dominion our Will and pleasure is and Wee doe by these p^rsents authorise and require you the said Sir Edmund Andros and our said Councill to continue such Taxes and Imposico͞ns as are now laid and imposed vpon the Inhabitants thereof and to levy and distribute or cause the same to be levyed and distributed to those ends in the best and most equall manner untill you shall by and with the advice and consent of our Councill agree on and seale91 such other taxes as shall be sufficient for the support of our Government there which are to be applyed to that vse and noe other And our further Will and pleasure is that all publick money raised or to be raised or appointed for the support of the Government within our said Territory and Dominion be issued out by Warrant or Order from you by and with the advice and Consent of our Councill as aforesaid And our Will and pleasure is that you shall and may keepe and vse our Seale appointed or to be appointed by us for our said Territory and Dominion and Wee doe further give and grant vnto you the said Sir Edmund Andros full power and Authority from time to time and at any time[s] hereafter by your selfe or by any other to be authorized by you in that behalfe to administer and give the oath of Allegiance now established within this our Realme of England to all and every such pson as you shall thinck fitt or shall at any time or times passe [v] [i]nto our said Territory or shall be [resident] [Resideing] or abideing there And Wee doe by these p^rsents Ordaine constitute and appoint our Governor and Councill of our said Territory and Dominion for the time being to be a constant and settled Court of Record for the Administraco͞n of Justice to all our subjects inhabiting within our said Territory and Dominion in all Causes aswell Civill as Criminall with full power and Authority to hold pleas in all Ca[u]ses from time to time as well in pleas of the Crowne and [in] all matters relateing to the Conservation of the peace and punishment of Offenders as [well] in Civill causes or Actions between party and party or between vs and any of our Subjects there Whether the same doe concerne the realty and relate to any right of Freehold and Inheritance or Whether the same doe concerne the ꝑsonalty and relate to matter of Debt contract damage or other ꝑsonall Injury and alsoe in all mixt Actions which may concerne both realty and personalty and therein after due and orderly proceeding and deliɃate hearing of both sides to give Judgem^t and to award execuco͞n aswell in Criminall as in Civill Cases as aforesaid soe alwayes that the formes of proceedings in such Cases and the Judgem^nt thereupon to be given be as Consonant and agreeable to the laws and Statutes of this our Realme of England as the p^rsent state and condico͞n of our Subjects inhabiting within our said Territory and Dominion and the Circumstances of the place will admitt And Wee doe further hereby give and grant vnto you full power and authority with the advice and consent of our said Councill to erect constitute and Establish such and soe many Courts of Judicature and publick Justice within our said Territory and Dominion as you and they shall think fitt and necessary for the determining of all Ca[u]ses aswell Criminall as Civill according to law and Equity and for awarding of Execuco͞n thereupon with all reasonable and necessary powers Authorities Fees and privilidges belonging [vn]to them as allsoe to appoint and Commissionate fitt ꝑsons in the severall parts of our said Territory to Administer the Oath of Allegiance vnto such as shall be obliged to take the same and Wee do hereby grant vnto you full power and Authority to constitute and appoint Judges and in Cases requisite comissioners of Oyr and Terminor Justices of the Peace Sheriffs and all other necessary Officers and Ministers Within our said Territory for the better Administraco͞n of Justice and putting the laws in Execuco͞n And to Administer such Oath and Oathes as are usually given for the due Execuco͞n and ꝑformance of Offices And places and for the clearing of Truth in Judiciall Causes And our further Will and pleasure is And Wee doe hereby declare that all Actings and proceedings at Law or Equity heretofore had or done or now depending within any of the Courts of our said Territory and all Execuco͞ns thereupon be hereby confirmed and continued soe far forth as not to be avoided for want or defect of any legall power in the said Courts But that all and every such Judiciall actings proceedings and Execuco͞ns shall be of the same force effect and virtue as if such Courts had acted by a just and legall Authority And Wee doe further by these p^rsents will and require you to ꝑmitt Appealls to be made in cases of Error from Our Courts in Our said Territory and Dominion of New England vnto our Governor and Councill in Civill Causes provided the vallue appealed for doe exceed the sume of one hundred pounds sterling and that security be first duely given by the Appellant to Answer such Charges as shall be awarded in case the first Sentence shall be affirmed And whereas Wee Judge it necessary that all our Subjects may have liberty to Appeall to our Royall ꝑson in cases that may require the same Our Will and pleasure is that if either party shall not rest satisfied with the Judgement or Sentence of Our Governor and Councell they may then appeale [unto vs] in our Privy Councell Provided the matter in difference exceed the reall value [and sum̄e] of three hundred pounds sterling and that such Appeale be made within one fortnight after Sentence And that security be likewise [duely] given by the Appellant to answer such Charges as shall be awarded in case the Sentence of the Governor and Councill be confirmed and provided alsoe that Execuco͞n be not suspended by reason of any such Appeale vnto vs And Wee doe hereby give and grant vnto you full power Where you shall see Cause and shall Judge any Offender or Offenders in Capitall and Criminall matters or for any Fines or Forfeitures due vnto vs Fitt Objects of our mercy to pardon all such Offenders and to remitt such Fines and Forfeitures Treason[s] and Wilfull murder only excepted In which Cases you shall likewise have power vpon extraordinary occasions To grant Repreives to the Offender[s] therein vntill and to the Intent our pleasure may be further knowne And Wee doe hereby give and grant vnto you the said Sir Edmund Andros by yourselfe your Captains and Com̄anders by you to be authorized full power and authority to levy arm[s] muster comand or employ all ꝑsons whatsoever resideing within our said Territory and Dominion of New England and as occasion shall serve [them] to transferr from one place to another for the resisting and withstanding of all enemies Pirates and Rebells both at land and Sea [and] to transferr such forces to any of our Plantaco͞n͞s in America as occasion shall require for the Defence of the same against the [Invasion] [Innovation] or Attempt of any of our Enemies And them if occasion shall require to pursue and prosecute in or out of the limitts of our said Territory and Plantaco͞n͞s or any of them And if it shall so please God them to vanquish and being taken either according to the law of Armes to putt to death or keepe and [p^rserve] [reseaue] alive at your discretion As alsoe to execute martiall Law in time of Invasion Insurrecco͞n or Warr and dureing the continuance of the same and vpon Souldiers in pay and to doe and execute all and every other thing which to a Captain Generall doth or ought of right to belong as fully and amply as any our Captain Generall doth or hath vsually done And Wee doe hereby give and grant vnto you full power and authority to erect raise and build Within our Territory and Dominion aforesaid such and soe many Forts Platformes Castles Citties Burroughs Townes and Fortificaco͞n͞s as you shall Judge necessary And the same or any of them to fortifie and furnish with Ordinance Ammunition and all sorts of armes fit and necessary for the security and defence of our said Territory and the same againe or any of them to demolish or dismantle as may be most convenient And Wee doe hereby give and grant vnto you the said Sir Edmund Andros full power and authority to erect one or more Court or Courts [of] Admirall within our said Territory and Dominion for the hearing and determining of all marine and other Causes and matters proper therein to be heard and determined with all reasonable and necessary powers Authorities Fees and Priviledges And you are to execute all powers belonging to the place and Office of vice Admirall of and in all the seas and Coast[s] about your Government according to such Comission authority and instrucco͞n͞s as you shall receive from ourselfe vnder the seale of our Admiralty or from our high Admirall of our Forreigne Plantaco͞n͞s for the time being And for asmuch as divers mutinies and disorders doe happen by ꝑsons shipped and employed at Sea and to the end that such as shall be Shipped or employed at Sea may be the better governed and ordered Wee doe hereby give and grant vnto you the said Sir Edmund Andros our Captaine Generall and Governor in Cheife full power and Authority to Constitute and appoint Captaines [and] masters of shipps and other comanders [and to grant vnto such Captains Masters of Shipps and other comand^rs] Comissions to execute the Law Martiall and to use such proceedings authoritis punishment Correcc͞o͞n and execuc͞o͞n [s] vpon any Offender or Offenders which shall be mutinous seditious disorderly or any way vnruly [either] at Sea or dureing the time of their aboade or residence in any of the ports harbours or Bays of our said Territory and Dominion as the Cause shall be found to require according to Martiall Law provided that nothing herein contained shall be construed to the enableing you or any by your Authorty to hold plea or have Jurisdicc͞o͞n of any Offence cause matter or thing comitted or done vpon the Sea or within any of the Havens Rivers or Creeks of our said Territory and Dominion vnder your Governm^t by any Captaine Comander Leivtenant Master or other Officer Seaman Soldier or person[s] whatsoever who shall be in Actuall service and pay [in] and on Board any of our Shipps of Warr or other vessels acting by immediate Comission or Warrant from ourselfe vnder the Seale of Our Admiralty or from our high Admirall of England for the time being but that such Captaine Comander Leiutenant Master Officer Seaman Souldier and other ꝑsons soe Offending shall be left to be proceeded against and tryed as the merrit of their Offences shall require either by Comission vnder our great Seale of England as the Statute of twenty eighth of Henry the eighth directs or by Comission[ers] from our [said] high [Court of] Admirall[ty] according to the Act of parliament passed in the thirteenth yeare of the Reigne of the late King our most dear and most entirely beloved Brother of ever blessed memory Entituled (An Act for the Establishing Articles and Orders for the regulateing and better Government of his maiesties Navies Shipps of Warr and forces by Sea) and not otherwise saveing onely that it shall and may be lawfull for you vpon any such Captaine or Comander refuseing or neglecting to execute Or vpon his negligen[t] [ce] or vndue Execucon̄ of any the Written Orders he shall receive from you for our service And the Service of our said Territory and Dominion to suspend him the said Captaine or Comander from the Exercise of his said Office of Com̄ander and Comitt him into safe custody either on board his owne shipp or elsewere at the discretion of you in Order to his being brought to Answer for the same by Comission either under our Great Seale of England or from our said high Admirall as is before expressed In which case our Will and pleasure is that the Captaine or Comander soe by you Suspended shall dureing such his Suspension and Comittment be Succeeded in his said Office by such Comission or Warrant Officer of our said Shipp appointed by our Selfe or our High Admirall of England for the time being as by the knowne practice and discipline of our Navy doth and ought next to succeed him as in case of Death sicknesse or other ordinary disability happening to the Com̄ander of any of our Shipps and not otherwise you standing alsoe accomptable vnto us for the truth and importance of the Crimes and misdemeanors for which you shall soe proceed to the suspending of such our said Captaine [or] [and] Com̄ander Provided also that all disorders and misdemeanors comitted on shore by any Captaine Com̄ander Leivtenant Master or other Officer Seaman Souldier or ꝑson whatsoever belonging to any of our Shipps of Warr or other vessells acting by im̄ediate Comission or Warrant from our Selfe vnder the Seale of our Admiralty or from our high Admirall [of England] for the time being may be tryed and punished according to the Laws of the place where any such disorders offences and misdemeanors shall be soe com̄itted on shore Notwithstanding such Offendor be in Our Actuall Service and born in our pay on board any such our Shipps of Warr or other vessells acting by imediate Com̄ission or Warrant from our selfe or our High Admirall as aforesaid soe as he shall not receive any protection (for the avoiding of Justice for such Offences comitted on Shore) from any p^retence of his being imployed in our Service at Sea And Wee doe likewise give and grant vnto you full power and authority by and with the advice and consent of our said Councill to agree with the Planters and Inhabitants of our said Territory and Dominion concerning such lands Tenem^ts and hereditaments as now are or hereafter shall be in our power to dispose of and them to grant vnto any ꝑson or ꝑsons for such Termes and vnder such moderate quitt Rents Services and acknowledgements to be thereupon reserved vnto vs as shall be appointed by vs which said Grants are to passe and be sealed by our Seale of New England and (being entred vpon Record by such Officer and Officers as you shall appoint thereunto) shall be good and effectuall in Law against vs our Heires and Successors And Wee give you full power and authority to appoint soe many Faires Marts and Marketts as you with the advice of our said Councill shall think fitt As likewise to order and appoint within our said Territory such and so many Ports Harbors Bayes Havens and other places for the Convenience and Security of Shipping and for the better leading and vnloading of Goods and Merchandizes as by you with the advice and consent of our Councill shall be thought fitt and necessary and in them or any of them to erect nominate and appoint Custome Houses Ware Houses and officers relateing thereunto and them to alter change place or displace from time to time as with the advice aforesaid shall be thought fitt And above all things Wee doe by these p^rsents will [and] require and comand you to take all possible care for the discountenance of Vice and Encouragement of virtue and good liveing that by such Example the Infidells may be invited and desire to partake of the Christian Religion And for the greater [care] [ease] and satisfaccon̄ of our loveing subjects in matters of Religion Wee doe hereby Will require and Com̄and that liberty of Conscience be allowed to all ꝑsons and that such especially as shall be comformable to the Rites of the Church of England be particularly countenanced and encouraged And for asmuch as pursuant to the laws and Custome of our Colony of the Massachesetts Bay and of our other Collon[ies] [y] and Provinces afore menco͞n͞ed diverse marriages have been made and ꝑformed by the magistrates of our said Territory Our Royall Will and pleasure is hereby to confirme all the said marriages and to direct that they be held good and valid in the same manner to all intents and purposses whatsoever as if they had been made and contracted according to the laws Established within our Kingdome of England And Wee doe hereby require and Comand all Officers and Ministers Civil and Military and all other Inhabitants of our said Territory and Dominion to be obedient aiding and assisting vnto you the said Sir Edmund Andros in the Execuc͞o͞n of this our Comission and of the power[s] and Authorit[ies] [y] therein menco͞n͞ed and vpon your death or absence out of our said Territory vnto the Commander [in] [or] cheife to Whome Wee doe therefore by these p^rsents give and grant all and singular the powers and authorities aforesaid to be exercised and enjoyed by him dureing our pleasure or vntill your arrivall within our said Territory and Dominion And if in case of such death or absence there be noe ꝑson vpon the place appointed by vs to be Com̄ander in Cheife Our Will and pleasure is that the then p^rsent Councill of our said Territory aforesaid doe take upon them the administration of the Government and execute this Comission and the severall powers and Authorities herein contained and that the first [Councillor] who shall be at the time of your death or absence resideing within the same doe p^rside in our said Councill with such powers and p^rheminences as any former p^rsident hath vsed and enjoyed within our said Territory or any other our Plantaco͞n͞s in America vntill our pleasure be further knowne or your arrivall as aforesaid And lastly our Will and pleasure is that our Comission bearing date the seaven and twentieth day of September92 in the first yeare of our Reigne constituting our Trusty and Welbeloved Joseph Dudley Simon Bradstreet William Stoughton Esquires and others to be our p^rsident and Councill of our Territory and Dominion of New England do from the publicac͞o͞n of these p^rsents cease and become void And that you the said Sir Edmund Andros shall and may hold Execute and enjoy the Office and place of Captain Generall and Governor in Cheife in and over our Territory and Dominion aforesaid with all its rights members and appurta͞nces whatsoever together with all and singular the powers and authorities hereby granted vnto you for and dureing our Will and pleasure In witnesse [Whereof Wee haue Caused these our Letters to be made Pattents] [&c] Witnesse our selfe at Westminster the third day of June [In the second Yeare of our Reigne]

[By Writt of Privy Seale]

[per Breve De Priuato Sigillo]

[BARKER]

— Public Record Office Patent Roll, 2 James II, Part 9, Rot. dors., No. 4. Compared with the copy (Massachusetts Archives, Vol. 126, pp. 7–16) in the office of the Secretary of the Commonwealth.93