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 ye 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 ye 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 sd 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

    De Concessione Burnet Armigero Commissionis

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