COLUMBIA LIBRARIES OFFSITE AVERY FINE ARTS RESTRICTED 1111111 AR01 396935 Sir Edmuhd Andros COMMISSION i£x ICtfartH SEYMOUR DURST ~t ' ~Fort nieuu> lAm/ltrclam, oj> <2e Manhatarus "When you leave, please leave this book Because it has been said "Sver'thing comes (' him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gift of Seymour B. Dl rsi Old York Library COMMISSION OF KING JAMES THE SECOND TO June 3 9 1686. MSS. Vol. IV.— No. 8. 27 E • FU^ Force's Collection of Historical Tracts. Vol. IV.— No. 8. fflgfflll 1 1 1 I vl 11 iv 5J The Second by the grace of God King of England Scotland France and Ireland defender of the faith he. To our trusty and welbeloved Sr. Edmund Andros Knt. Greeting whereas the Goverment of that part of our Territory and Dominion of New-England hereafter mentioned is now in our hands and being minded to give all protection and incuragement to our good subjects therein and to provide in the most effectuall manner for their security and wel- fare, Wee therefore reposing espetiall trust and Constitu of Sr. A j • t i j j t l* Edrad. Andros confidence in the prudence courage and Loyalty to be c t of you the said Sr. Edmund Andros out of our Genii. &Govr espetiall grace certaine knowledge and meer motion in Chief. have thought fitt to constitute and appoint, And by these presents Do constitute and appoint you the said Sr. Edmund Andros to be Our Capt. Generall and Govr. in Chief in and over all that our Territory and Dominion of New-England in America Commonly called and known by the name of Our Colony of the Massachusets Bay, Our Colo- ny of New-Plimouth, and Our Province of New- hampshire and Maine, The Narraganset country otherwise called the King's Province with all the Islands rights and members to the said Colonies &, Territories in any wise appertaining And for your better guidance and direction wee do hereby re- quire and command you to do & execute all things in due manner that shall belong unto the said office and the trust wee have reposed in you according to the severall powers, Instructions and authory- ties mentioned in these presents or such further power instructions & authoryties as you shall herewith receive, or which shall at any time here- after Commission of King James II after be granted and appointed you under our Signet and signe Manuel! or by our order in our Privy Councill and according to such reasonable Laws and statutes as are now in force or such other as shall hereafter be made and established within that our Territory and Dominion aforesaid Oaths of Alle- And our will & pleasure is that vou the said Sr. giancefc trust Ed d A ndros having / after y0 urarrivall in New- to be given ~ .& \ J Mutually by Lngland and publication ot these our Letters pat- the Govr. and tents first taken the Oath of Allegience together council. w | tll t | ie Q atll { ( j u |^ r execut i n g t } }e ffj ce f our Capt. Generall and Govr. in Chiefe of our said Territory and Dominion (which our said Councill there or any three of them are hereby required au- thorized & impowred to give and administer unto you) You shall administer unto such of the Mem- bers of our Councill as well the Oath of Allegiance as the oath of the due execution of their places and trust And wee do hereby give and grant unto you Suspending f u jj p 0wer anc ] authority to suspend any member IVleinoers 01 . . . the councill of our Councill from setting voteing and assisting i'or just cause therein as you shall find just cause for your so doing And if it shall hereafter at any time happen that by the death departure out of our said Terri- tory or suspention of any of our Councellors or that otherwise there shall be a vacancy in our said Five make a Council! any five whereof wee do hereby appoint Quorum , ^ ' -noi • i to be a Quorum our will & pleasure is that you signify the same unto us by the first oportunity that wee may under our signet and signe manuall Justseavento constitute and appoint others in their roome. But be and to be that our affaires at that distance may not suffer for chosen of the want f d ue number of Councellors if ever it shall thereTis™ va- na PP en tnat { ^ ere are ' esse tnen seaven of them cancy resident upon the place wee do hereby give and grant unto you full power and authority to choose as many persons out of the principall Inhabitants thereof as will make up the full number of our Councill to be seaven and no more which persons by vertue of suchchoyce shall be to all intents and purposes our councillers within our said Territory untill they be confirmed by us, or that by nomina- tion of others by us under our signe manuall and Signet to Sir Edmund Andros. Signet the said Councill shall have seaven persons in it. And wee do hereby give and grant unto Laws l0 be you full power and authority by and with the ad- q* v ® ^ nd vice and consent of our said Councill or the Major Councill part of them to make constitute and ordine Laws statutes and ordinances for the publique peace wellfare good Goverment of our said Territory snd Dominion and of the people and inhabitants thereof, and such other as shall respect thereto, and for the benefit of us our heirs and successors Agreable to which said Laws statutes & ordinances are to England. 8 be as neer as conveniently may be agreeable to the Laws and statutes of this our Kingdom of England Provided that all such Laws Statutes and or- To be trans, dinances of what nature or duration soever be mined in 3 within three months or sooner after the making of raon the same Transmitted unto us under our seale of New-England for the allowance or disapprobation of them, as also duplycates thereof by the next p owertora i Se conveyance And wee do by these presents give mony by the and grant unto you full power and authority, and Govr.&Coull. with the aduice & consent of our said Councill or or majr * par the Major part of them to Impose and assesse & To const itute raise and levy such rates and Taxes as you shall taxes for the find necessary for the support of the Goverment support of the within our said Territory and Dominion of New- overm • England to be collected Levied, and to be employ- ed to the uses 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 support of the charge of the Goverment of our said Territory and Dominion our will and pleasure is and wee do by these presents authorize and require you the said Sr. Edmund Andros and our said Councill to continue such taxes and im- positions as are now layed and Imposed on the in- habitants thereof and to Levy and distribute or cause the same to be Levyed and distributed to those ends in the best and most equall manner untill you shall by and with the advice and consent of our Councill agree on & settle such other taxes as shall be sufficient for the support of our Gover- ment there, which are to be applyed to that use and Commission of King James II Publique mo- ney issued out by the Govrs. warrant Seale kept and used and no other And our farther will and pleasure is that all publique money raysed or to be raysed or appointed for the support of the Goverment within our sd. Territory and Dominion be 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 use our seale appointed or to be appointed by us for our Territory and Dominion And wee do further give and grant unto you the said Sr. Ed- mund Andros full power and authority from time to time and at any time hereafter by your selfe or by any other to be authorized by you in that be- halfe to administer and give the Oath of Allegiance now established within this our Realme of England to all and every such person as you shall think fitt, or shall at any time or times pass into our said Territory or shall be residing or abiding there, And wee do by these presents ordaine constitute and appoint our Govr. and Councill of our sd. Territory and Dominion for the time being to be a constant and setled Court of Records for the ad- ministration of Justice to all our Subjects inhabiting within our said Territory and Dominion in all Causes as well civill as criminall with full power and authority to hold pleas in all causes from time to time as well in pleas of the Crown and in all matters relating to the conservation of the peace and punishmt. of offendors as in civill causes or actions between party and party or betweene us and any of our subjects there whether the same do concerne the realty and relate to any right of {freehold h Inheritance or whether the same do concerne the personalty and relate to matter of debt contract damage or other personall injury And also in all mixt actions which may concern the realty and personalty And therein after due and orderly procedings and Deliberate heare- ing of both sides to give judgment and to award execution as well in criminall as in civell cases as aforesaid SO always that the formes of proceedings in such cases and the judgment thereupon, be as consonant Oath of alle- giance given by the Govr. & others by him in au- thority Govr. & council a court of re- cords Criminall & civil causes In civill ac- tions reall per- sonall and mixt Forms and Judgrats. to be to Sir Edmund Andros. consonant and agreeable to the Lawes and Statutes a8 consonant of this our Realme of England as the present state }° wg ie ^the and condition of our subjects inhabyting within our present state said Territory and Dominion and the circumstance of the P laco of the place will admitt And we do farther hereby a mi give and grant unto you full power and authority Governor & with the advice and consent of our said Councill council to to erect constitute and establish such and so many e J, ect courts courts of Judicature and publike Justices within £ or ^etennin! our said Territory and Dominion as you and they ing cri<.rinali shall think fitt and necessary for the determining & civil ac- all causes as well criminall as civell according to ^J"^ ' Law and equity and for awarding execution there- upon, with all reasonable and necessary powers ec ^t[ on ns authorities fees and previledges belonging unto them As Also to appoint and commissionate fitt Fitt persons persons in the severall parts of our said Territory to t0 administer Administer the Oath of Allegiance unto such as j e giance ° shall be obliged to take the same. And wee do hereby grant unto you full power and authority to Power to con- constitute and appoint Judges and in cases requisite stitute J ud g es C» • \c j rp • t <.• r commissioners ommissionors Of oyer and lerminer Justices of • tices of thQ the peace Sherriffs and other necessary officers peace sherriffs and ministers within our said Territory for the & officers better administration of Justice and putting the . . Lawes in execution and to administer such Oath th ° VaTh^for and Oaths as are usually given for the due execu- executing offi- tion and performance of offices and places for the ces & in J udi " cleareing of truth in juditiall cases And our farther ia cases will and pleasure is and wee do hereby declare that all actings and proceedings at Law or equity proceedings heretofore had or done, or now depending within & executions any of the Courts of our said Territory and all in court con * executions thereupon be hereby confirmed and rmeG ' continued so farr forth as not to be avoided for Not t0 be want or defect of any legall power in the said Stoneg^U Courts But that all &. every Juditiall actings power and au- proceedings and executions shall be of the same thority. force effect and vertue, as if such Courts had acted by a just and legall authority And wee do farther by these presents will and require you to permitt appeales to be made in case of error from A ea]e t0 our Courts in our said Territory and Dominion of Govr. & New Commission oj King James II council in ci- New-England unto our Govr. and Council in civell Ixceed eSV rdo e cases P R0VIDED tne va l ue appealed for do ex- pounds secu- ceede the Summe of one hundred pounds sterling, rityby the ap- an d that security be first duly given by the appeal- pealant. ant tQ answer sucn charges as shall be awarded in case the first sentance shall be afFermed And whereas wee judge it necessary that all our subjects A eale to ma ^ nave liberty to appeale to our Royall person the King from in cases that may require the same. Our will and the council pleasure is that if either party shall not rest satis- value exceed fied ■ ^ tn j ua v me nt and sentance of our Govr. 300 pound © sterling. and Council, they may then appeale unto us in our Privy Council Provided the matter in The appeale difference exceed the reall value and Summe of must be with. tm , ee hundred pounds sterling and that such ap- m a fortnight r . » . r after sentance peale be made within one fortnight after sentance, „ .. and that security be likewise duly eiven by the ap- Secunty given J J & j r pealant to answer such charges as shall be awarded in case the sentance of the Governor and Council Execution be confirmed And Provided also that execution not to be sus- be not suspended by reason of any such ap- pended peale unto us And wee do hereby give and grant unto you full power where you shall see cause and Govr. may _ J r J . % % pardon offen- Judge any oitendor or onendors in capitall and crimi- dors capitall nail matters or for any fines or forfeitures due unto & cnminall us g tt 0D j ects f our mercy to pardon all such of- may repreive fendors and to remitt such fines and forfeitures in treason. (Treasons and wilfull murther only excepted) in which case you shall likewise have full power upon extraordnary occasions to grant repreaves to the offendors therein, untill and to the intent our plea- sure may be further known) And wee do hereby give and grant unto you the said Sr. Edmund Andros by your selfe your Captains and com- anders by you to be authorized full power and Govr.tolevy au thority to Levy Arme muster command or im- &c. inhabi- , ,/ J , ... ... . tants against P«°y a H persons whatsoever residing within our ph-ats enimies said Territory and Dominion of New-England as & rebells occasion shall serve, them to transferr from one place to another for the resisting and withstanding of all Enemies Pirats and Rebells both at land and Transfer ^ ea ' And to transferr such forces to any of our forces for the plantations in America as occasion shall serve for the to Sir Edmund Andros. the defence of the same against the invasion or at- defence of tempts of any of our enemies, and them if occasion p aintatlons shall require, to pursue and prosecute in or out of the limets of our said Territory and plaintation or any of them, And if it shall so please god them to vanquish and being taken either according to the Law of arms to put to death or keepe and reserve alive at your discretion, Also to execute Martiall Govr. to exe- lavv in time of Invavason insurrection or warr and , c a u ,l e - ^^l\e during the continuance ol the same and upon invasion and Souldiers in pay to do and execute all and every u P on soldiers other thing which to a Capt. Genrll. doth or ought * ?L V ™V oi right to belong as iully and amply as any ot our r ll. Capt. Generlls. doth or hath usually done. And wee do hereby give and grant unto you full power and authority to erect raise and build within our Govr. to erect Territory and Dominion aforesaid such and so many ort3 forts, platformes, castles, citties, burroughs and for- tifycations as you shall judge necessary and the same or any of them to fortifie and furnish with Ordinance ammunition and all soarts of armes fitt and necessary for the security and defence of our said Territory and the same againe or any of them to A w , ,.,./,. ii . And the same demolish or dismantle as may be most convenient to demolish And wee do hereby give and grant unto you the said Sr. Edmund 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 be heard and determined with all necessary power authorities fees and preuiledges. And you are to execute all powers belonging to the place and Office of Vice Govr. to exe- Admirall of and in all the seas and coasts about cut ej?<> we r «f your Goverment according to such Commission authority and instructions as you shall receive from our selfe under the seale of our Admiralty, or from our high Admirall of our fforraign plantations for the time being And for as much as divers muty- nies and disorders do happen by persons shipped and imployed at Sea, and to the end that such as shall be shipped or imployed at sea may be the better governed and ordered Wee do hereby 10 Commission of King James II Govr. to ap. give & grant unto you the said Sr. Edmund An- 8h°ips t an r dcom. f dl0S our Ca P u Generall and Governor in Chief manders and full power and authority to constitute & appoint grant them Captains Masters of Ships and other Commanders ex™cu!o Bl mar! And to § rant unt0 such Ca P tains Masters of Ships tiall law upon and other Commanders Commission to execute the mutineers &c. Law Martial! and to use such proceedings authori- ties punishments correction and execution upon any offendor or offendors which shall be mutenous seditious disorderly or any way unruly either at sea or during the time of their aboad or residents in any of the ports harbours or Bays of our said Territory and dominion as the case shall be found Provided not require according to martiall Law Provided to hold plea ot 1 . o *" ■ offence done that nothing herein contained shall be construed upon the sea to the inabling you or any by your authority to or havens n- ^ jj j ea or j laye j ur j sc ij ct j on f ar) y offence cause vers &c. by r , / any in actall matter or thing committed or done upon the Sea, or service on within any of the Havens Rivers or Creeks of our board ships ^ Territory and Dominion under your Gover- actmg by im- J .- / mediato'com- ment by any Captaine Commander Leilt. Master mission from r other officer seamen soldier or person whatsoe- tho King or vef w j JQ g j ]a jj ^ e j n actua U serv i se anc J pav i n anc j high admi- , c c c r J rail. on board any ol our Shipps ol warr or other Vessells acting by Immediate commission or war- rent from our selfe under the Seale of our Admiralty or from our high Admirall of England for the time being. But that such Captain Commander Leift. Master officer Seaman Souldier and other persons But he shall s0 offending shall be left to be proceeded against be proceeded ^^ tryed as the merrit of their offences shall require commission either by Commission under our great Seale of En- according to gland as the Statute of the Twenty eighth of Henry ? en * h 8t h 8t h the E''o nt directs or by Commission from our High Admiral! 13 Court of Admiralty, according to the Act of Par- ch : 2 : liament 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 regulating and better goverment of his Majesties navie ship of warr and forces by Sea, and not otherwise, saving oncly that it shall and may to Sir Edmund Andros. 1 1 may be lawfull for you upon any such Captaine or Power to the Commander refuseing or neglecting to execute or pend'comman- upon his negligence or under execution of any the ders refuseing written orders he shall receave from you for our or neglecting servise and the service of our said Territory and ° execu e * Dominion to suspend him the said Captaine or Commandor from the exercise of his said office of commandor and comitt him into safe custody either Commit him on board his owne ship or else where at the dis- cretion of you in order to his being brought to answer for the same by commission either under our great seale of England or from our said High Admirall as is before expressed. In which case our will and pleasure is that the Capt. or com- commander 6 mandor so by you suspended shall during such his succeded by suspention and commitment be sucseeded in his f»e nex com- said office by such Commission or warrent officer Isslon ° cer * of our said ship appointed by our selfe or our high Admirall of England for the time being as by the known practice and discipline of our Navy doth and ought next to succeed him, as in case of death sick- ness or other ordnary disability hapningto the Com- mandor of any of our shipps and not otherwise You standing also accountable unto us for the truth and Importance of the crimes and misdemeanors Q 0VTt a(V for which you shall so proceed to the suspending countable for of such our said Capt. and Commandors Pro- f he tru th and vided also that all disorders and misdemeanors {"e Suspended committed on shoar by any Capt. Commander Leift. officers crimes. Master or other officers seamen Soldier or person whatsoever belonging to any of our shipps of warr Proviso for or other Vessells acting by immediate commission or ^^hoare" 1 ™ warrant from our selfe under the seale of our Ad- betryedbythe miralty or from our high Admirall of England for laws of the the time being may be tryed and punished accord- v ace- ing to the Laws of that place where any such dis- order offences and misdemeanors shall be so com- Notwithstand- mitted on shoare notwithstanding such offender be ing the offend- in our actuall servis and boarn in our bay on board er be in actu- ally such our Ships of warr or other Vessells acting ~L Ber 7 ls , m i • ,. r . . r ir b any such ship by immediate commission or warrant from our selle acting or 12 Commission of King James 11 or our high Admirall as aforesaid so as he shall not receave any protection for the avoiding of Justice for such offences committed on shoar from any pre- tence of his being imployed in our servis at Sea. And wee do likewise give and grant unto you full Gow. & coun- power and authority by and with the advice and with the pfan! consent °^ 0lH ' sa '^ Councill to agree with the ters for lands plainters and Inhabitants of our said Territory and of the Kings Dominion concerning such lands tenements and heriditiments as now are or hereafter shall be in for Serins and our P ower t0 dispose of and them to grant unto any qitt rents to be person or persons for such terms & under such appointed by moderate quit rents services and acknowledgments us ajes le. tQ k e tnereU p on reserved unto us as shall be appointed by us which said grants are to pass Grants under an ^e sea ' e d by our seale of New-England New England (being entred upon record by such officer and offi- scale entred ce rs as you shall appoint thereunto) shall be good upon recor anc j e fj* ectua || j n L aw against us our heirs and suc- cessors. And wee give you full power &i au- Govr &coun tn ority to appoint so many Faires Marts and mar- cill to appoint kets as you with the aduice of our said Council shall fairesandmar- think fit As Likewise to order and appoint within bo U S rs P ° rtS haN our said Territor y suctl and s0 man y P orts > Har- bours, Bays, Havens and other places for the conveniency and security of shipping and for the better loading and unloading of goods and merchan- dize as by you with the aduice and consent of our Councill shall be thought fitt and necessary and in them or any of them to ei;ect constitute and ap- Custome. point Customehouses, warehouses and officers re- houses ware- latino* thereunto, and them to alter and change officers to alter P^ ace anc ^ displace from time to time as with the or displace, advice aforesaid shall thought fitt. And above all things wee do by these presents will and command you to take all possable care for the discountenance Vicediscoun- of vice and incuragement of vertue and good liveing tenanced ^^ ^ such exam pi e tne l n fidells may be invited & desire to partake of the Christian relidgion. And for the greater ease and satisfaction of our loving subjects in matters of Relidgion Wee do hereby will require and command that liberty of conscience to Sir Edmund Andros. 13 conscience be allowed to all persons and that such Liberty of especially as shall be conformable to the rights of cTurchTf En- the Church of England be perticulerly counte- gland perticu- nanced and incuraged And for as much as pur- ler 'y encura- suant to the Laws and Customs of our Colony of ge the Massathusets Bay and of our other Colony and Provinces aforementioned divers marriages have been made & performed by the Magestrates of our said Territory our Royall will and pleasure jyi arr i affescon is hereby to confirme all the said Marriages and to firmed direct that they be held good and valued in the same manner to all intents and purposes whatsoever as if they had been made and contracted according to the Laws established within our kingdome of England And wee do hereby require and com- mand all officers h ministers civill and Millitary Officers civil and all other inhabitants of our said Territory and J^hlJS^ _ . . , ... . . ,. i * • • - inhabitants to Dominion to be obedient Aiding and Assisting unto be obedient you the said Sr. Edmund Andros in the execution aiding and as- of this our commission and of the power and au- slstin S thority herein mentioned and upon your death or p owerstotnQ absence out of our said Territory unto the Com- commander in mander in chief to whome we do therefore by these cheife upon the presents give and grant to all and singular the Govrs - death powers and authorities aforesaid to be exercised and enjoyed by him during our pleasure or untill your arrivall within our said Territory and Domin- ion And if in case of such death or absence, «,. it 11 -ii Where no there be no person upon the place appointed by commandr. in us to be commander in Chief our will and pleasure cheife appoint. is that the then present Council of our said Terri- council 1686 "© tory aforesaid do take upon them the administra- govern, tion of the Goverment and exercise this Commission and the Severall powers and authorities herein con- tained and that the first counciller who shall be First coun- at time of your death or absence residing within ^J to pre " the same do preside in our said Councill with such power and preheminances as any Forine president hath used and enjoyed within our said Territory or any other our plantations in America untill our pleasure is further known or your arrivall aforesaid. £ltl5 Lastly our will and pleasure is that our commission Commission bearing date the seaven and twentieth 27th Sepr. 8f>. Dav 14 Commission of King James II to Sir Edmund Andros. to cease from D av f September in the first yeare of our Reigne thu ICatl0n of constituting our trusty and well beloved Joseph Dudley Simon Broadstreet William Stoughton Esqrs. and others to be our president and councill of our Territory and Dominion of New-England doe from the publication of these presents cease and become voide And that You the said Sr. Ed- mund Andros shall and may hold execute and enjoy the office and place of our Captain Generall and Governor inCheifin and over our Territory and Dominion aforesaid with all its Rights members and Appurtenances whatsoever, Together with all and Singular the powers and authorities hereby granted unto you for and during our will and pleasure In Witness whereof wee have caused these our Letters to be made pattents Witness our selfe at Westminster the third day of June in the second yeare of our Reigne. Per Breve De Privato Sigillo BARKER