QUEEN ANNE'S INSTRUCTIONS TO GOVERN

OR DUDLEY IN 1702.

From the Original Manuscript, given to the Massachusetts Historical Society by Robert C. Winthrop.

ANNE R. Instructions for Our Trusty and Welbeloved Joseph Dudley Esq' Our Captain Generall and Governor in Chief in and over Our Province and Territory of the Massachusets Bay in New England. Given at Our Court at St James's the Sixth day of April 1702 In the First Yeare of Our Reigne.

With these Our Instructions you will Receive Our Commission under the Great Seal of England, Constituting you Our Captain General and Governour in Chief in and over Our Province of the Massachusets Bay, and Likewise Our Captain Generall and Commander in Chief of the Militia and of all the Forces by sea and Land, within Our Colonies of Rhode Island, Providence Plantation and the Naraganset Country or Kings Province in New England, and of all Our Forts and places of Strength within

the same.

You are therefore to fitt yourself with all convenient Speed, and to repair to Our said Province of the Massachusetts Bay, and being arrived there, you are to take upon you the Execution of the Place and Trust Wee have reposed in you, and forthwith to call together the Members of Our Councill in that Province.

You are with all due and usual Solemnity to cause Our

said Commission to be published at the said Meeting, and Notification to be also given to Our Colonies of Rhode Island, Providence Plantation, and the Naraganset Country, of the Power wherewith you are intrusted concerning the Militia, Forces, and Forts within Our said Colonies and Country as aforesaid.

You shall your self take, and also administer unto each of the Members of Our said Council, as well the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, as also the Test together with an Oath for the due Execution of your and their places and Trusts, as well with regard to the equal and Impartiall Administration of Justice in all causes that shall come before you as otherwise, And likewise the Oath required to be taken by Governours of Plantations to do their utmost that the Laws relating to the Plantations be Observed; And both you and they shall also Subscribe the Association mentioned in a late Act of Parliament Intituled An Act for the better Security of his Majestys Royal Person and Government.

You are to Communicate forthwith unto Our said Councill, such and so many of these Our Instructions, wherein their Advice and Consent are mentioned to be requisite, as likewise all such others, from time to time, as you shall find Convenient for Our Service to be imparted to

them.

You are to permitt the Members of Our said Councill of the Massachusets Bay to have and Enjoy Freedom of Debate and Vote in all Affairs of Publick Concern that may be debated in Councill.

You are from time to time to send to Us by one of Our Principal Secretaries of State, and to Our Commissioners for Trade and Plantations, the Names and Qualities of the Members appointed to be of Our said Council, by the first Conveniency after such appointment.

And in the Choice and Appointment of the Members of Our said Council, as also of the Principal Officers, Judges, Justices, Sheriffs and others, You are always to take care that they be Men of Good Life, and well affected to Our Government and of good Estates and Abilities, and not necessitous People, or much in Debt.

You are hereby Authorized to use the Publick Seal appointed or to be appointed by Us for the Sealing of all things whatsoever that shall pass the Seal of Our said Province under your Government.

You are to take Care that all Writs be Issued in Our Royal Name throughout Our said Province.

You are to observe in the passing of Laws that the Stile of Enacting the same be by the Governor, Council, and Assembly & no other.

You are also as much as Possible to Observe the passing of all Laws, that whatever may be requisite upon each different matter be accordingly provided for by a different Law, without intermixing in one and the same Act, such things as have no proper relation to each other, And you are more especially to take care, that no Clause or Clauses be inserted in or annexed to any Act, which shall be Forreign to what the Title of such respective Act Imports.

You are to transmitt Authentick Copies under the Publick Seal, of all Lawes, Statutes, and Ordinances that are now made and in force, which have not yet been sent, or which at any time hereafter shall be made and Enacted within Our said Province under your Government and Command, each of them seperately under the Publick Seal, unto Us, and to Our said Commissioners for Trade and Plantations, within three Months, or by the first Opportunity after their being Enacted, together with Duplicates thereof by the next Conveyance upon Pain of Our highest displeasure, and of the Forfeiture of that Yeare's Salary, wherein you shall at any time or upon any pretence whatsoever omit to send over the said Laws, Statutes and Ordinances as aforesaid, within the time above limited, as also of such other Penalty as Wee shall please to inflict: But if it shall happen that during time of Warr, no Shipping shall come from Our said Province within three Months after the makeing such Laws, Statutes and Ordinances, whereby the same may be transmitted as aforesaid, then the said Laws, Statutes and Ordinances are to be transmitted as aforesaid by the next Conveyance after the makeing thereof, whenever it may happen. for Our Approbation or Dissallowance of the same.

And forasmuch as great prejudice may happen to Our

Service and the Security of Our said Province by your absence from those parts, without a Sufficient Cause and especiall Leave from Us, For the Prevention thereof, you are not upon any pretence whatsoever to come to Europe from your Government without haveing first obtained Leave for so doing from Us under Our Sign Manuall and Signet, or by Order in Our Privy-Councill.

You are to take Care that in all Acts or Orders to be passed within that Our Province, in any Case for Levying money, or imposeing Fines and Penalties Express mention be made, that the same is granted or Reserved to Us, Our Heirs and Successors for the Publick use of that Our Province, and the Support of the Government thereof, as by the said Act or Order shall be Directed.

Whereas it is Necessary that due Provision be made for the Support of the Government of Our said Province, by setting apart Sufficient allowances to you Our Captain General and Governour in Chief and to Our Lieutenant Governour or Commander in Chief for the time being resideing within the same, And Whereas Our said Province of the Massachusets Bay has not hitherto taken any manner of Care in that matter, though the like Provision be generally made in Our other Plantations in America which are under Our Immediate Government, notwithstanding that divers of them are much less able to do it; You are therefore to propose to the Generall Assembly of Our said Province, and accordingly to use your utmost endeavours with them, that an Act be passed for Settling and Establishing fixed Salaries upon your self and others Our Captains Gen" that may Succeed you in that Government, as likewise upon Our Lieutenant Gov or Commanders in Chief for the time being, Suitable to the Dignity of those respective Offices.

And you are also earnestly to recommend unto the Assembly in Our Name, that care be taken by them for the building of a fit and Convenient House to receive you, and the Governor for the time being, which may be Appropriated to that Use.

You are not to permit any clause whatsoever to be Inserted in any Law for Levying money or the Value of money, whereby the same shall not be made lyable to be

Accounted for Unto Us here in England, and to Our Com of Our Treasury or Our high Treasurer for the time being.

You are to take care that fair Books of Accounts of all Receipts and Payments of all such money be duly kept, and the truth thereof attested upon Oath, and that the said Bookes be transmitted every half yeare or oftener to Our Commissioners of Our Treasury, or High Treasurer for the time being, and to Our Comissioners for Trade and Plantations, and Duplicates thereof by the next Conveyance; In which Bookes shall be Specified every particular Sum raised or Disposed off together with the Names of the Persons to whom any Payment shall be made; to the end Wee may be Satisfied of the Right and due Application of the Revenue of Our said Province.

You are not to Suffer any Publick money whatsoever, to be Issued or Disposed of otherwise than by Warrant under your hand, by and with the Advice and Consent of Our said Council, But the Assembly may be Nevertheless permitted, from time to time to view and examine the Accounts of money or Value of money disposed of by Virtue of Laws made by them, which You are to Signify unto them, as there shall be Occasion.

And it is Our Express will and Pleasure that no Law for raiseing any Imposition on Wines and other Strong Liquors, be made to Continue for Less than one whole Year, as also that all other Laws whatsoever, for the good Government and Support of Our said Province be made Indifinite, and without limitation of time Except the same be for a Temporary end, and which shall Expire and have its full Effect within a Certain time.

And therefore you shall not re-enact any Law which hath or shall have been once Enacted there, except upon very urgent Occasions; But in no Case more then once without our Express consent.

You shall not permit any Act or Order to pass in Our said Province, whereby the Price or Value of the Currant Money within your Government (whether it be Forreign or belonging to Our Dominions) may be Altered without Our Particular Leave or Direction for the same.

And You are particularly not to pass any Law, or do