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.