War acting by immediate Comission 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 Misdemeanours shall be Committed on Shore notwithstanding such Offender be in Our Actual Service and borne in Our Pay on board any such Our Ships of War or other Vessels 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 as aforesaid so as he shall not receive any Protection for the Avoiding of Justice for such Offences committed on Shore 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 Territory 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 and 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 We 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 Thomas Pownall 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 We 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 Commissionated 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 Council 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 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 untill Our further Pleasure be known therein and that in such Case the Eldest Councillor present at each Meeting of the said Councill shall always preside therein And Our Pleasure is that you the said Thomas Pownall 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 diverse Colonies adjoining to Our Province of the Massachusets Bay for the Defence and Security whereof it is requisite that due care be taken in the Time of War We have therefore thought it further necessary for Our Service and for the better Protection & Security of Our Subjects Inhabiting those parts to Constitute and Appoint And We do by these Presents Constitute and Appoint you the said Thomas Pownall 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 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 and the Narraganset Country or Kings Province We do hereby Give and Grant unto You the said Thomas Pownall 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 Thomas Pownall 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] Witness Ourself at Westminster the Twenty-fifth day of February [in the Thirtieth Year of Our Reign] By Writ of Privy Seal [YORKE & YORKE] [The Great Seal of England Appending] Public Record Office, Patent Roll, 30 George II, Part 4, No. 7. Compared with the record of Royal Commissions (Crown Commissions, 1628-1663, pp. 151–155) in the office of the Secretary of the Commonwealth.1 1 See footnote, p. 56, ante. FRANCIS BERNARD'S FIRST COMMISSION AS GOVERNOR OF THE PROVINCE OF THE 14 JANUARY, 1760 [HIS EXCELLENCY] FRANCIS BERNARD ESQ [HIS COMMISSION TO BE] GOVERNOR [OF THE MASSACHUSETS BAY] George the Second by the Grace of God of Great Britain France and Freland King Defender of the Faith Bea To Our Trusty and Welbeloved FRANCIS BERNARD Esquire1 Greeting Whereas by a Royal Charter under the Great Seal of England 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[n] 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 Commission1 Gov. Bernard was created a Baronet 5 April, 1760. ated by the said King William His Heirs and Successors with several Priviledges Franchizes and Immunities thereby Granted to Our said Loving Subjects And Whereas We did by Our Letters Patent under Our Great Seal of Great Britain bearing date at Westminster the Twenty-fifth day of February in the Thirtieth Year of Our Reign Constitute and Appoint Thomas Pownall 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 We 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 We Reposing Especial Trust and Confidence in the Prudence Courage and Loyalty of you the said Francis Bernard 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 Francis Bernard 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 We do hereby Require and Command You to do and Execute all Things in due manner that shall belong unto the Trust We 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 which shall 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 manner and form as by the said Charter is directed And Our Will and |