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 aforesd 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]

    [Mr Shirley’s Comicon̄]

    By Writt of Privy Seal

    [BISSE]

    [The Great Seal of England Appending Exd 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