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
De concessione Andros militia Commissionis
By Writt of Privy Seale
— Public Record Office, Patent Roll, 4 James II, Part 8, No. 8.