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 administracon 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 during Our Will and Pleasure In Witnesse &c Wittnesse the King at Westminster the seaventh day of Aprill 8, No. 8. By Writt of Privy Seale Public Record Office, Patent Roll, 4 James II, Part SIR WILLIAM PHIPS'S COMMISSION AS GOVERNOR OF THE PROVINCE OF THE 12 DECEMBER, 1691 William and Mary by the Grace of God king and Queen of England Scotland France and Ireland Defenders of Faith & 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 De concessione Erected and Incorpoporated the Colony of the Phipps militi Massachusets Bay the Colony of New Plymouth commissionis 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 Comissionated by us our heires and Successors with severall Priviledges Franchizes and Imunities thereby Granted to our said loveing 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'sents 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 Direccon 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 menconed in our said Charter and in these p❜sents or such further powers Instruccons 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 Capital 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 Comanders 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'serve 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 Comissions Authorities and Instruccons as you shall receive from our selfe or from our high Admirall or Comissioners 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 Comanders and grant vnto such Captaines Masters of Shipps and other Comanders Comissions to Execute the Law Martiall in time of Actuall Warr Invasion or Rebellion and to vse such proceedings Authorities Punishments Correction and execucon 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 Jurisdiccon 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 imediate Comission or Warrant from Our Comissioners 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 Comission 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 |