TRANSACTIONS

    1913–1914

    TRANSACTIONS OF THE COLONIAL SOCIETY OF MASSACHUSETTS

    MARCH MEETING, 1913

    A Stated Meeting of The Society was held at the house of the American Academy of Arts and Sciences, No. 28 Newbury Street, Boston, on Thursday, 27 March, 1913, at three o’clock in the afternoon, Vice-President Andrew McFarland Davis, A. M., in the chair.

    The Records of the last Stated Meeting were read and approved.

    The Corresponding Secretary reported that a letter had been received from the Hon. Charles Grenfill Washburn accepting Resident Membership.

    Mr. George Fox Tucker gave an account of Paul Cuffee (1759–1817), son of an African negro slave, who was born on the Island of Cuttyhunk, became prominent and had a remarkable career in Dartmouth, New Bedford, and in foreign lands as shipbuilder, navigator, merchant, philanthropist, and public spirited citizen. In 1808 he joined the Society of Friends. He was a deeply religious man and was universally respected. A monument to his memory is to be erected next June at Central Village, Westport, by H. P. Howard of New York, a great-grandson.1

    Mr. Albert Matthews made the following communication:

    NOTES ON THE MASSACHUSETTS ROYAL COMMISSIONS 1681–17752

    Volume II of the Society’s Publications, soon to be issued, contains, besides the Province Charter (1691) and the Explanatory Charter (1725), the extant Commissions of the President of the Council for New England (1685); of the Governor, Lieutenant-Governor, and Secretary of the Territory and Dominion of New England (1686–1688); of the Governors, Lieutenant-Governors, and Secretaries of the Province of the Massachusetts Bay (1691–1774); and of the Collector, Surveyor, and Searcher of Customs in the Colonies of New England (1681). It also contains three Commissions not alluded to in these Notes — namely, Lord Willoughby’s Commission (1667) as Vice-Admiral of Barbados, etc., and two Commissions (1727–1728) issued to Edmund Gibson, Bishop of London. The following six Commissions, mentioned in these Notes, are not printed in Volume II because no copies are known to be in existence:

    1678

    July3

    Edward Randolph

    Collector, etc.

    1691

    Dec.4

    William Stoughton

    Lieutenant-Governor

    1691

    Dec.5

    Isaac Addington

    Secretary

    17116

     

    William Tailer

    Lieutenant-Governor

    1715

    April 287

    William Tailer

    Lieutenant-Governor

    17168

     

    William Dummer

    Lieutenant-Governor

    In preparing Volume II for the press, it seemed desirable, indeed necessary, to compile a List of Officials, 1685–1775, giving the date of each Commission, the date of taking office, and the date of leaving office. In the course of compiling the List,9 a mass of data was collected that seemed of sufficient value — sine it was largely obtained from manuscript sources, or from printed sources not easily accessible — to be put into convenient shape for consultation and reference. Hence these Notes. They are divided into the following six sections:

    1. I Council for New England, 1685–1686
    2. II Territory and Dominion of New England, 1686–1689
    3. III Period from April 18, 1689, to May 16, 1692
    4. IV Members of the Council, 1685–1691
    5. V Province of the Massachusetts Bay, 1691–1775
    6. VI Lists

    It will be remembered that on June 27, 1683, a quo warranto10 was issued against the Massachusetts Colony Charter which had been granted by Charles I on March 4, 1629. Edward Randolph reached Boston on October 26, 1683,11 and on November 7 —

    At the opening of this Court the Governor12 acquainted the Court, that since the last sitting of this Court Edward Randolph Esq̄, arrived, & had presented him wth his majtjes councils act, & his majtjes declaration & proclamation, wth the quo warranto issued out agt the Goūnor & Company, &c13

    The Colony Charter was vacated by a decree in the Court of Chancery and judgment entered against it in October, 1684.14 At a General Court held on January 28, 1685,—

    At the opening of this Court the Gouernor15 declard it, yt on the certeine or generall rumors in Mr Jenner, lately arrived, yt or charter was condemned, & judgment entred vp, &c, they lookt at it as an incumbent duty to acquaint the Court wth it, & leaue the consideration of what was or might be necessary to them, &c.16

    On May 12, 1686, “At a Generall Court for Elections,”—

    Symon Bradstreet, Esq̄, was chosen Goūnor for ye yeare ensuing, & tooke his oath ye same day.

    Thomas Danforth, Esq̄, was also chosen Dept Goū, & tooke his oath at ye Goūnor house ye same day . . . .

    Edward Rawson was chosen Secret̄, & tooke his oath 13 May.17

    On May 14 Randolph reached Boston,18 bringing with him an Exemplification of the Judgment against the Charter19 and Dudley’s Commission (dated October 8, 1685)20 as President of the Council for New England. On May 17 Dudley made a speech21 to the Court and left with it “a true coppy of his majtjes commission,”22 and on May 20 the Court sent its reply to “Joseph Dudley, Esq̄, & the rest of the gentn named in his majtyes com̄ission.”23 On May 21 the Court met for the last time, the final entry in the record being, “This day the whole Court mett at the Goūors house, & there the Court was adjourned to the seccond Wednesday in October next, at eight of the clocke in ye morning.”24

    I COUNCIL FOR NEW ENGLAND, 1685–1686

    President

    Joseph Dudley was commissioned President by James II on October 8, 1685. The government created by this Commission included the Massachusetts Bay, Maine, New Hampshire, and the Narragansett Country or King’s Province. On May 25, 1686:

    The President and Councill being assembled, the Exemplification of the Judgment against the Charter of the late Governour and Company of the Massachusetts Bay in New England publickly (in open Court where were present divers of the eminent Ministers, Gentlemen, and Inhabitants of the Town and Country) was Read, with an audible voice.

    Then His Majesties Commission of Government directed to the President and Councill was likewise read in open Court.

    The President then proceeded and took the Oath of Allegiance and also the Oath conteined in that Commission, which were administered to all the Members of the Councill then present.25

    On June 11:

    Then the President took the following Oath in Councill to observe the Acts of Trade & Navigation:

    You shall swear that you will to the best of your skill and power so long as you shall continue in the Government or Command of this territory & Plantation well and truly execute and perform, and cause to be executed and performed all matters and things which by the Statute made in the twelvth year of his late Majtys Reigne intituled an Act for the incourageing and increasing of shipping and Navigation, & by the other Statute made in the fifteenth year of his sd Matys reigne, Intituled: an Act for the encouragemt of Trade; you are required as President or Commander of this Territory and Dominion to be sworn to the performance of. So help you God.26

    Dudley was President from May 25 to December 20, 1686.

    Deputy-President

    William Stoughton was appointed Deputy-President by President Dudley on May 26, 1686:

    The President in full Councill declared William Stoughton Esqr to be Deputy President, which he accordingly accepted, to the great satisfaction of the whole Councill.27

    Stoughton was Deputy-President from May 26 to December 20, 1686.

    II TERRITORY AND DOMINION OF NEW ENGLAND, 1686–1689

    Governor

    Sir Edmund Andros was commissioned Governor by James II on June 3, 1686. The government created by this Commission included the Massachusetts Bay, Maine, New Plymouth, New Hampshire, and the Narragansett Country or King’s Province. Reaching Nantasket December 19, 1686,28 Andros came to Boston December 20 and was sworn that day:

    His Exce29 Sr Edmond Andros Knt Governour being landed, repaired forthwith to Towne house attended hither by a great number of Merchants and others with all the Militia and Foot.

    His Exce in a short Speech acquainted the Councill that his Majtie by his Letters Patents dated the third day of June in the second year of his Majtys Reigne, appointed him to be Capitaine Generall, Governour in Chief &c of New England which were then published in a full assembly.

    The Members of the Councill then present administred to his Exce the oath of Allegience with the oath enjoyned to be taken, by his Majtys said Commission.30

    On December 30, 1686, “His Exce took the oath for the observeing the Acts of Trade and Navigation.”31 On February 4, 1687,—

    His Exce then took the Oath for executing and performing all matters and things wch by the Statute made in the 12th year of his Late Matys Reigne Intituled an Act for the Encourageing and Increaseinge of Shipping and Navigac̄on and by the Act made in the 15th year of his Said Matys reigne Intituled an Act for the Encouragemt of trade required to be taken by all Governors and Com̄anders in Chief of his Matys fforeign Plantacons.32

    Andros was again commissioned Governor by James II on April 7, 1688. In this Commission the government included the Massachusetts Bay, Maine, New Plymouth, New Hampshire, the Narragansett Country or King’s Province, Rhode Island, Connecticut, New York, and East and West Jersey. As already stated,33 no regular records of Council meeting after December 29, 1687, were kept, or at least are not know to be extant. But that Andros’s second Commission was published on July 19; 1688, is made certain by what Sewall wrote on that day and on July 24:

    Eight Companies in Arms, and Sir Edmund’s Com̄ission is published, extending his Authority from the remotest eastern parts so as to take in East and West Jersey.34

    There was a Gallery erected last Thursday, at the east end of the Town House, from where His Excellency’s new Com̄ission was published, 8 Companys being in Arms.35

    Andros was Governor from December 20, 1686, to his overthrow on April 18, 1689.

    Lieutenant-Governor

    Francis Nicholson was commission Lieutenant-Governor by James II on April 20, 1688. No record of his taking office is extant, but presumably he was sworn on the day when Andros’s second commission was published –– namely, July 19, 1688.36

    When Andros left Boston for New York late in July, 1688, Nicholson accompanied him as far as New London, when he sent back to Boston by Andros.37 Later in the year Nicholson went to New York,38 where he was when the overthrow of Andros occurred in Boston on April 18, 1689. Nicholson left New York June 11 and sailed on June 24, 1689.39

    Secretary

    Edward Randolph was recommended, on May 16, 1678, “to bee imployed as Collector of His Maties Customes in New-England.”40 On May 31 the Lord High Treasurer41 urged the appointment, Charles II gave his approbation, and a Commission was directed “to bee issued forth vnto him [Randolph] accordingly.”42 Randolph was appointed June 12,43 and was commissioned on or before July 9.44 No copy of this Commission is extant.

    Randolph was commission Collector, Surveyor, and Searcher of Customs in New England by Charles II on October 15, 1681.45

    Randolph was commission Secretary and Register of the Territory and Dominion of New England by James II on September 21, 1685.46 He was also named as a Councillor in Dudley’s Commission as President, dated October 8, 1685. Randolph reached Boston May 14, 1686,47 and, when the Council met on May 25, immediately took his seat as a Councillor. But it was until July 1 that he was sworn:

    The Secretary sworn and tooke the Oath following:

    Whereas you are by his Majtys Commission appointed Secretary and Register of this his Majtys Territory and Dominion of New England, you shall swear that you will faithfully and Lawfully manage and perform the same service as Secretary and Register, keeping true Records of all things proper for your Office, & fairly writing and fileing all such copies and papers as are committed to you, and you are to demean your selfe according to the charge and duty of your place, to the best of your skill and knowledge.48

    On March 5, 1687, —

    The Sec̄ry prsented a bill to be passed for a Genll Registry as in Jamaica and read his Majties Commission appointeing him Sec̄ry and Sole Regr of this his Majties Territory and Dom. etc.

    It was prposed that the Clerks of the Severall County Courts should Register all Deeds Mortgages etc. and be accountable to be Sec̄ry but his Exce say’d that was makeing the Sec̄ry and Regr an inferior officer to ye Clerks of a County Courts and was besides the end of his Majties Grant to the Sec̄ry.

    It was Ordered and Assented to That the Sec̄ry is the Register of the Government, and do appoint his Deputies and to have fees according to his Commission.49

    On May 3, 1687, Randolph leased his office to John West.50 On May 4 ––

    Mr Randolph Secr: acquainted the Councill, that hee had deputed John West in his Offices of Secretary & Register, which was approved & allowed of; and the oath of allegiance and that for the faithful Discharge of said Offices was administred, to the said John West accordingly.51

    On August 9, 1687, Randolph petitioned James II “to Grant him a Commission to bee Secretary and Sole Register of yr Maties Territory & Dominion of New England as now vnited and Setled.”52 The desired Commission was granted April 25, 1688.53 It has just been show that Randolph made John West Deputy-Secretary on May 3 and that West took his oath on May 4, 1687. At Randolph’s request, West was again sworn on July 20, 1688:

    Whereas you are by an Indenture made by Edward Randolph Esqre his Maties Sec͞r͞y & Sole Register of his territory & Dominion of New England beareing date ye 3rd day of May 1687 Authorized & Appointed to be Deputy Sec̄ry & Register you doe Sweare that you will faithfully & Carefully manage & prforme ye sd office as Deputy Sec͞r͞y & Register Keepeing the records of all thing proper to ye sd office & fairly fileing & Coppying all such Records and paper as are Committed to you & in all thing to demeane yor self according to ye Charge & Duty of yor place after yor best skill & Knowledge & pursuant to ye sd Indenture & deputac̄on giuen you.

    John West took ye aboue Oath in Council ye 20th July 1688 upon ye Desire of ye sd Ed. Randolph.

    Ed. Randolph Sec̄ry.54

    Randolph was Secretary from July 1, 1686, to the overthrow of Andros’s government on April 18, 1689.55

    III PERIOD FROM APRIL 18, 1689, TO MAY 16, 1692

    Andros’s government was overthrown April 18, 1689, on which day the following “Letter to Govr Andros requesting his surrendering the government Fortifications” was sent:

    At the Town House Boston 18th April 1689

    SR

    Our Selves as well as many others the Inhabitants of this Town and Place adjacent being Surprised with the Peoples Sudden taking to Arms; In the first motion whereof we were wholly Ignorant; are driven by the present Exigence and necessity to Acquaint your Excellency, That for the quieting, and Security of the People inhabiting this Countrey from the imminent dangers they many ways lye open and exposed unto; And for your own Safety, We judge it necessary, That you forthwith Surrender, and deliver up the Government, and Fortification to be preserved to be disposed according to Order and direction from the Crown of England; which is Suddenly expected may arrive; promising all Security from Violence to your self; Or any other of your Gentlemen and Souldiers in person or Estate. Or else we are assured they will endeavour the taking of the Fortifications by Storm, it any Opposition be made

    To Sr Edmund Andros Knt:

     

    S: Bradstreet

    Wait Winthrop

    William Stoughton

    John Richards

    Saml Shrimpton

    Thos Danforth

    Elisha Cook

    Wm Browne

     

    Isa Addington

    Bartha Gedney

    John Forster

     

    Peter Sergent

    David Waterhouse

    Adam Winthrop

    Jn° Nelson

    Thursday April 18th 1689 Sent by Mr Nathl Oliver and Mr John Eyre56

    On April 19 a “Letter to Ensign John Pipon to give up the Castle, now under his command,” was sent.57 On April 19 a. “Council for Safety of the People and Conservation of the Peace” was appointed, as follows:

    April 20th 1689

    A Council Safety of the People and Conservation of the Peace

    Pursuant to the Advice given unto Sr Edmund Andros Whereupon the Fortification and Government were Surrendred, And also being constreined by the Military Forces now in Arms

    Council of Safety appointed

    It is Agreed that the Gentlemen that are present and Subscribed that Advice together with such other of the old Magistrates Or such other Gentlemen as they shall Judge meet to Associate to them, are entrusted with the Safety of the People and Conservation of the Peace untill there be a farther and more Orderly Settlement. And Simon Bradstreet Esqȝ is Chosen to Preside

       

    Wait Winthrop

    Simon Bradstreet

     

    Sam Shrimpton

    William Stoughton

    ThoS Danforth

    WM Browne

    John Richards

    Elisha Cooke

    BarthO Gedney

    John Foster

    as declared

     

    Peter Sergeant

       

    David Waterhouse

       

    Isa: Addington

       

    Adam Winthrop

       

    J Nelson58

       

    On the same day (April 20) “Mr Isaac Addington is nominated and appointed Clerk of the Council, and to officiate as such.”59

    On May 1 the doing of the Council for Safety on April 20 were approved:

    Ja Russell & or̄s approving the doings of the Council of Safety

    We whose Names are underwritten being invited by the Gentlemen above named to be added unto them of the Council Do consent to approve of, what was done by the said Gentlemen in their Advice given unto Sr Edmund Andros, And do Accept of the Said Invitation and will give our Assistance therein

    Ja Russell

    John Joyliffe

    RichD Sprague

    John Phillips

    EdM Hutchinson

    Jer̄ Dummer

    Penn Townsend

    Nath Oliver

    WM Johnson

    Joseph Lynde

    John Eyre

    John Hathorne

    James Parker Senr

    Dudley Bradstreet

    Andrew Belchee

    Nath Saltonstall

     

    John Smith

    RichD Dummer

     

    Edmund Quincey

    RobT Pike

     

    WillM Bond60

    Daniel Peirce

       

    May 1st

    On the same day (May 1) —

    There being some agitation in Council of the Necessity of Settling some forms of Government, and Several Gentlemen appearing, out of the Country moveing the Same thing, the father debate there abouts is deferred until the Morrow; and Signification was dispatched to some other Gentlemen of the Council at Salem &c: to desire their Company61

    Council invited to attend on public business

    On May 2, “At the Council for Safety of the people and Conservation of the Peace:”

    Agreed undo a paper representing the necessity of a farther consultation and Advice of the People for the directing to the exercise of that Power and Authority which is necessary in the present exigence. Signifying the expedience of the Several Towns of this Colony respectively to meet, and Choose one or more able, discreet person (not exceeding two for one town) to convene at Boston upon Thursday the Ninth instant at two a Clock afternoon, (such as then can reach it, the other Town as soon as they can) fully impow’red then and there to consult, advise, Join and give their Assistance with the Council now Sitting

    Inhabitants of the several town directed to send Deputies to advise on the present occasion.

    Ordered to be directed to the Captain and Select Men of the Several Towns, printed and dispersed Boston to send four62

    At the same time a fast was appointed for May 7. But on May 3,—

    At the Council for Safety of the People and Conservation of the Peace . . .

    Upon farther Consideration, Ordered, that the Signification agreed upon Yesterday, to be sent out to the Several Towns for sending down their Representatives, Also the Recommendation referring to a Fast, be Stopt from any more of them going out

    Afterwards the Sending out the Signification of Representatives was Representatives was Reinforced, & Ordered, that they should go out63

    On May 8 “The President and Council met at the Council Chamber, where were present most of those who met Yesterday, and divers Others, waiting if any Thing might be presented by the people.”64 On May 9 “Representatives appeared from the Severall Towns and Villages hereafter Named.”65 On May 10 the Representatives drew up a declaration to the effect that the Governor, Deputy-Governor, and Assistants chosen in May, 1686, were to constitute the government. To this the Council replied that the returns from the towns and villages had been inadequate, and that it was necessary for the people to signify their minds more fully and expressly. Whereupon May 22 was appointed the day for the meeting of the Representatives, and the Representatives declared that the present Council was continued until that date. The proceedings on May 10 were as follows:

    Boston May 10th 1689

    At the Council for Safety of the People, and Conservation of the Peace

    Sixty Six persons as Representatives of Forty four Towns and Villages in the Massachusets Colony before Named were also present, and presented the following petition

    Boston May 10th 1689

    We the Representatives of the Severall Towns of the Massachusets Colony in New England

    The Declaration of the Represens that the Govr Dept Govr, and Assistants chosen in May 1686 be the Government

    Do hereby declare in behalf of our Selves, and the Several Towns, which we appear for, Vizt That for the ensuing part of this Year, The Governour deputy Governour and Assistants chosen and Sworn in May one Thousand Six hundred Eighty Six according to our Charter Rights, And the deputies then sent by the Freemen of the Several Town’s to be the Government now Setled in our abovesaid Colony. And that Major Wait Winthrop is Major General of our Forces in New England until the Freemen renew their Choice And that if the present Government do desire more Assistants; having enlarged the Freemen, there shall be a Supply im̄ediately made according to Charter for the Remaining part of the Year, upon the Day that the General Court shall appoint; Hoping that all people will rest Satisfied till we have Confirmation from the Crown of England which we daily hope for

    Declaration of the House of Representatives

    Voted at the Chamber of the Countrey Representatives, as attest, Clerk of sd Company

    Ebenezer Prout

    The Representatives applying themselves particularly to the President, and the former Magistrates; After a Considerable Debate they Returned them an Answer in Writing as followth Vizt

    Boston May 10th 1689

    In Answer to a declaration drawn up and Signed by Ebenezer Prout as Clerk to the Company of Representatives of the Several Towns of the Massachusets Colony dated at Boston the day, and Year abovenamed, Declaring that the Governour, Deputy Governour, and Assistants chosen and Sworn in May One thousand Six Hundred Eighty Six according to Charter Rights and the deputies then sent by the Freemen of the Several Town, to be the Government now Setled in the Abovesaid Colony

    Answer to the above declaration by the members present

    There Appearing onely Sixty Six persons, as the Representatives of Forty four Towns and Villages within the said Colony, And the Returns of some of the Said Towns and places being defective, and incertain in a full Representation of the Mind of the People thereabouts We think it Necessary that the People of the Said Several Towns, and Villages do more fully and expresly Signify their Minds in that Matter, And that the Other Towns, and Places, within the Said Colony (having no knowledge of the Said Declaration), be Notified to Convene their Respective Inhabitants to manifest their minds relating to the Same; And three of the Late Assistants resident in the Colony, being absent, that there be Oppertunity to Consult them; And the whole Number (if together) being but Thirteen, That the People by themselves or Ripresentatives, chuse such and so many as they shall think Convenient to Join, with them for the Common Safety and Conservation of the Peace, And the Exercise of Such farther Acts of Authority as shall be Necessary according to any Emergency until there can be a more Orderly Settlement of Government

    Signed

    John Richards

    Saml Appleton

    Sim: Bradstreet

    Elisha Cooke

    Wm Johnson

    Thos Danforth

    Isa Addington

    John Smith

    John Hathorne

    Major Pyke was present at the agreeing of this Answer, but gone Home before Signing

    Agreed that Thursday next the Sixteenth of May Instant be Set apart for a Day of Fasting and Prayer throughout this whole Colony

    Day of Humiliation and prayer 16th May

    And Wednesday the twenty Second of May Instant to be the Day for the Meeting of the Representatives of the Several Towns and Villages of the Colony, at Boston at two a Clock

    The Representatives declared they Continued the present Council for Safety of the People, and Conservation of the Peace in the same Station until Wednesday the Twenty Second of May Instant At which time they Have Agreed to Convene at Boston66

    Rulers to be continued for the present

    On May 20 “The Humble Address of the President and Council for Safety of the People, and Conservation of the Peace” to the King and Queen was drawn up, “read and unanimously agreed to.”67 On May 22 “The Representatives of the Several Town’s and Villages to the Number of fifty four Places, appeared with the Returns from their Several Towns and Villages.”68 On May 23 and 24 the following proceedings took place:

    23d May

    Upon perusal of the Returns from the Several Towns and Villages and Divers debates, and Conferences between the President, and Council, and the Representatives of the Tenth of May Instant, for the Settlement of Civil Government, as well this Day as the Day foregoing Vizt the 22d Instant and Several Proposals offered to them

    Upon the 24th of the Same May 1689. The following paper was presented unto them Vizt

    Boston May 24th 1689

    Upon the Occasion the Revolution of the Late Government under Sr Edmund Andros; And at the Instance and Repeated desires or Demand of most of the Towns, and Villages, within the Massachusets Colony, manifested in their Respective Places, and Sent to us by their Representatives. Places, and Sent to us by their Respective Places, and Sent to us by their Representatives. We who are of the Persons chosen Sworn Governour, Deputy Governour, and Assistants (according to Charter) in the Year One thousand Six Hundred Eighty Six. From the present Necessity, and for Satisfaction of the people do Consent and Accept the Care and Government of the People of this Colony, according to the Rules of the Charter; For the Conservation of the Peace and Safety of the People, and putting forth such farther Acts of Authority Civil, and Military as shall be necessary according to any Emergency until by Direction from England there be an Orderly Settlement of Government.

    Proceedings of the present Rulers approved of

    Provided such Addition be made of Fit Persons to Assist us as hath been desired; And farther consent that the Respective Town’s and their Representatives for our Assistance so farr as they may be Concerned therein; and as need shall require Expecting that all Encouragement be given by the due and Ready Obedience of the People, And that what hath been Acted by the Council for the Safety of the People, and Conservation of the Peace respecting the Management of the Publick Affairs be allowed, and the Present Stewards be Reimbursed in Convenient Time.

    Signed 24th Abovesaid

    John Richards

    Sim: Bradstreet

    Elisha Cooke

    Tho Danforth

    Wm Johnson

    Na: Saltonstall

    John Hathorne

    Jas Russell

    Isa Addington

    Pe: Tilton

    JnO Smith

    Sam Appleton

    Voted: This was accepted cheerfully by the Representatives as an Answer for Settling Civil Governt with the Massachusets Colony in New England as attest

    Ebenr Prout

    Clerk to the Representatives

    Written on the other Side

    Upon the Publication here of it was declared by the Gentlemen Subscribing that they do not intend an Assumption of Charter Government; nor Would be so Understood. Being Ordered to Read the Within written Declaration; was also Ordered to publish what Above written, Which I accordingly did at the Same time 24th May 1689

    Joseph Webb69

    On May 25 “Simon Bradstreet Esqȝ is desired, and Appointed to be President of this Council,” and “Mr Isaac Addington is Nominated, and appointed Clerk of the Council, and is Ordered to Officiate as such.”70 On the same day the following paper was presented:

    Boston the 25th May 1689

    Gentlemen

    We being greatly Sensible of the Necessity of Joyning every Good Mans Assistance to Your Present, and future Endeavours for the preservation of the peace, of this place, in this dangerous Conjuncture; And Relying on the Integrity of Your Verbal, and printed promises by Inviolably preserving this people, and place in Obedience, unto the direction we expect from the Crown of England; And good Treatment to the persons of all, and Severally the Gentlemen, as was by us Signifyed in Our Advice to Sr Edmund Andros, upon the delivery of the Fort. And to take off all Disatisfactions that may have Risen from any Disputes, or Arguments, We shall Endeavour to the pacify the Disatisfied in our Regards, and promote the Publick Tranquility, as far as in us Lyes

    Directed to the Council for Safety of the People & Conservation of the Peace

    Andr Belcher

    Dav Waterhouse

    Petr Sergeant

    Jer Dum̄er

    Richd Sprague

    Wait Winthrop

    Penn Townsend

    John Foster

    Sam Shrimpton

    Nath Oliver

    Adn Winthrop

     

    John Eyre

    JnO Nelson71

     

    On May 29 William and Mary were proclaimed in Boston.72

    On June 5, “At the Council for Safety of the People and Conservation of the Peace,” “The Representatives also from the Several Towns, according to the Signification Sent. Met,”73 and “Mr Thomas Oaked, was Chosen Speaker.”74 On June 6, “At the Council, and Convention of the Representatives,” “The Humble Address, and Petition of the Governour, and Council, and Convention of Representatives of the People of Your Majesties Colony of the Massachusets in New England” was “drawn up Read and agreed to be Sent” to the King and Queen.75

    On June 7 the following proceedings occurred:

    To the Honourable Simon Bradstreet Governour, Thos Danforth Deputy Governr, and Assistants now Sitting

    The Declaration of the Representatives of the Several Towns in the Massachusets Colony

    Humbly Sheweth.

    That whereas your Honours in the Answer to the Declaration given in, to You by the Representatives of the Several Towns, the 24th May 1689 did Consent to Accept the Care, and Government of the People of this Colony, according to the Rules of this Charter, and putting forth such farther Acts of Authority Civil, and Military, as were Necessary Untill by Direction from England there be an Orderly Setlement of Government, And upon publication there of, were pleased to Declare you did not, intend Assumption of Charter Government; We do now humbly pray Considering the present Circumstances of this Colony you would be pleased by Vertue of the Authority devolved on You, by us the Representatives of the Several Towns in this Colony to Accept Government according to our Charter Rules by the Names of Governr and Council for the Massachusets Colony, And exercise such Authority in the Said Colony, as was formally Used by the Laws made by our Charter Government (excepting such as may be Judged repugnant to the Laws of England) until farther Orders from England; And that the Major General, and five Assistants lately Chosen take their Respective Oaths, And pray there may be no Delay in this Matter We cannot proceed in any thing until this foundation be Setled.

    Declaration of the Representatives from the several towns.

    7 June 1689 Voted in the Affirmative

    attest Eb: Prout Cl

    Accepted by the Governr & Council

    ꝑ Order Thomas Danforth

    The following Oath was Adminstred unto the Governr by Thos Danforth Esqȝ Deputy Governr before the whole Assembly

    Whereas you S.B. are chosen to the Place of Governour over this Jurisdiction of the Massachusets for the Remaining Part of this Year, and till a New be Chosen, and sworn Or until there be a Setlement of Government here from the Crown of England, do Swear Accordingly by the Great and Dreadful Name of the Ever living God that you will be faithful, and bear true Alegiance to their Majesty’s King William and Queen Mary, and that You will in all Things Concerning Your Place, according to Your best Power & Skill Carry, & Demean Yourself for the Said Time of Your Government, according to the Laws of God, and the Advancement of His Gospell, the Laws of this Land, and the Good of the People of this Juresdiction, You shall do Justice, to all Men without Partiality, as much as in You Lyeth, You shall not exceed the Limitations of a Governour in your Place, So help you God

    form of the oath taken by the Govr & Lieut Govr

    The Like Oath Mutatis Mutandis by Simon Bradstreet Esqȝ Governr unto Thos Danforth Esqȝ Deputy Governr76

    On June 11 “Mr Isaac Addington is Chosen Secretary;”77 and on June 13 —

    Mr Isaac Addington took his Oath, as Secretary as followth Vizt

    Whereas You I: A: are Chosen Secretary for the Remaining part of this Year, Or Until there be a Setlement of Government here by Direction from the Crown of England. You do Swear by the Ever living God; That You will in all Things faithfully Demean Yourself in the Said Office That You will truely, and faithfully According to Your Best Skill and Wisdom frame, all Acts, and Instruments of Public Concernment referring to Your Office, duely Observing such Directions, as Shall from Time, to time be given Unto You by the Government; here; and fairly Record, and Safely Keep the Same. That you will not disclose their Consultations, where you shall have express Charge of Secrecy, That You will Without Delay, Impart to the Governour or Council, Whatever, Letter, or Information shall Come to Your Hands referring to Your Office and of Publick Concernment; That You will not Wittingly or Willingly exceed the Limits of Your Place. — So help You God in Our Lord Jesus Christ78

    On June 22, “At the Convention of the Governr and Council and Representatives,”—

    It is Declared that all the Law’s made by the Governour and Company of Said Colony that were in force on the Twelfth Day of May One Thousand Six Hundred Eighty Six (Except any that are Repugnant to the Law’s of England) are the Law’s of this Colony, and Continue in force until farther Setlement; To which all Inhabitts and Residents here are to Give due Obedience79

    Declaration to enforce ye Laws

    On November 9 the Convention “Adjourned to the Second Wednesday of Decr next at two a Clock afternoon;”80 but a letter from King William dated August 12 was read “At the Convention of the Governr and Council, and Representatives of the Massachusets Colony, in Boston, Tuesday the third of December 1689 convened by Order of the Governr and Council upon the Arrival of a Ship from London.”81 The letter is in part as follows:

    And whereas You give us to Understand, that you have taken upon You the Present Care of the Government until you should receive Our Orders therein; We do hereby Authorise and Impower you to Continue in our Name your Care in the Administration thereof, and Preservation of the Peace, Until We shall have taken such Resolutions, and given such Direction, for the more Orderly Setlemt of the Said Governmt as shall most conduce to Our Service, and the Security and Satisfaction of our Subjects within that Our Colony, . . . the 12th day of August 1689 . . .

    By His Majesties Command

    Shrewsbury

    Superscribed

    To such as for the time being take Care of Preserving the Peace and Administring the Laws in Our Colony of the Massachusetts Bay in New England82

    On December 16 it was declared, in reference to the King’s letter of August 12, that “All their Majties Subjects as well Officers Civil, and Military; & all Inhabitants and Strangers residing within this Colony are therefore hereby required to take notice there of, and to Yeild Obedience unto the Said Governmt accordingly as they will Answer the Contrary.”83

    On January 24, 1690, it is “Agreed that this Convention be Henceforth termed a General Court, and be Accounted such in all Respects.”84

    On May 28, 1690,—

    Election was made of Governour, Deputy Govr Assistants, and other Publick Officers, as follow Vizt

    • Simon Bradstreet Esqr Governr — and Sworn.
    • Thomas Danforth Esqr Deputy Goverr and Sworn. . . .
    • Isaac Ad̄ington Secretary Sworn.85

    On May 20, 1691, —

    Simon Bradstreet Esqr was Chosen Govr & Sworn

    • Thos Danforth Esqr was Chosen depy Govr & Sworn . . .
    • Isaac Addington was chosen Secretary Jurt86

    On May 4, 1692, —

    Simon Bradstreet Esqr was chosen Governr, and tooke the Oath of Allegiance, and the Oath of His, Place, or Office, for this Year, Or until there be a Settlement of Government from the Crown of England.

    • Thomas Danforth Esqr was chosen Depty Govr . . .
    • Isaac Addington Esqr was chosen Secretary Jur:87

    The Court met for the last time on May 6, 1692, when it “Adjourn’d unto Tuesday the 24th of May Currt at one a Clock Afternoon;”88 but before that day came, Sir William Phips had arrived with the Province charter.

    The events from April 18, 1689, to May 6, 1692, are given in the following —

    Summary

    1689

    April 18

    Andros’s government overthrown

     

    April 20

    Council for Safety of the People and Conservation of the Peace appointed, with Simon Bradstreet as President and Isaac Addington as Clerk

     

    May 1

    Doings of the Council for Safety on April 20 approved

     

    May 9

    Representatives meet

     

    May 10

    A fuller representation declared necessary

     

    May 22

    Representatives meet

     

    May 24

    Government settled as of May, 1686, but no assumption of Charter government is intended

     

    May 25

    Bradstreet appointed President and Addington Clerk

     

    June 5

    Representatives meet

     

    June 7

    Charter government assumed, Bradstreet and Danforth being sworn as Governor and Deputy-Governor

     

    June 11

    Addington chosen Secretary

     

    June 13

    Addington sworn as Secretary

    1689

    Aug. 12

    The government approved by William III

    1690

    Jan. 24

    The Convention declared a General Court

     

    May 28

    Bradstreet, Danforth, and Addington reelected

    1691

    May 20

    Bradstreet, Danforth, and Addington reelected

    1692

    May 4

    Bradstreet, Danforth, and Addington reelected

     

    May 6

    Last meeting of the Court89

    IV MEMBERS OF THE COUNCIL, 1685–1691

    A Dudley’s Council, 1685–1686

    In Dudley’s Commission (October 8, 1685) as President of the Council for New England, Dudley himself was nominated and appointed “to be first President of the said Councell and to continue in the said Office vntill we our Heires or Successors shall otherwise direct;” While the following seventeen persons were nominated and appointed “to be of our Councell:”90

    Bradstreet, Dudley

    Mason, Robert

    Tyng, Jonathan

    Bradstreet, Simon

    Pynchon, John

    Usher, John

    Bulkely, Peter

    Randolph, Edward

    Wharton, Richard

    Champernoon, Francis

    Saltonstall, Nathaniel

    Winthrop, Fitz John

    Gedney, Bartholomew

    Stoughton, William

    Winthrop, Wait

    Hinckes, John

    Tyng, Edward

     

    The only provision in Dudley’s Commission for the replacing of a Councillor was in case of death, as follows:

    And if any of the members of the said Councell shall happen to dy Our Will & pleasure is and Wee do hereby direct & appoint the President of our Councell for the time being to elect some other person to be a member of the said Councell for that time, and to send over the name of such person soe chosen, and the names of two more Whom our said President shall judge fittly qualified for the said trust that We our heires & successors may nominate & appoint which of the three shall be the member in the place of the member so dying91

    This provision proved unsatisfactory, since at the very beginning a difficulty arose because three members declined to serve, while a fourth member was incapacitated from serving. In a letter to Blathwayt dated May 29, Randolph said:

    This acquaints you that the 25 following the presdt and 1492 of the Councill mett at Boston and taking the taking the oathes were entred vpon the Gomt Mr Champernoon: was so much indisposed that twas not possible for him to come to Boston: Butt old Mr Bradstreet and his son wholy refused to accept the Commission as a thing contriued to abridge them of their libertye and indeed against Magna Chart: and Mr Saltenstall also diserted vs: in whose places are very proper to bee inserted: Richard Smith of Narragansett: Mr William Brown Junior: the third I leaue to Mr Masons nomination who is coming ouer vpon the next ship which will in a short tyme sayle from hence.93

    On June 1 the President and Council drew up a letter to the Committee which contained the following paragraph:

    Wee may not omitt humbly to represent to your Lordshipps, that there being no direction for a supply of Members into his Majtys Councill except only in the case of death, whereas by the removal, constant sickness, or other avoidance of any of the Members, His Majestyes Councill may sometimes faile of a Quorum or more full appearance, needfull for his Majtys service; it is therefore humbly offered, that in such cases wherein there appeares an impossibilitie or refusall of service, His Majty would graciously grant that a supply of Members may be appointed as in case of Death.94

    On June 19 the President and Council wrote to the Committee as follows:

    Wee cannot avoid to lay before your Lordspps the inconvenience hapning by ye indispositions & refusall of Severall persons nominated in his Maties most Gracious Commission: & the great distance of others from his Maties town of Boston the vsuall place of meeting.

    ffor avoiding therefore any obstruction in prosecuting his Maties seuerall commands in that Commission to us directed

    Its humbly proposed as very necessary for his Maties Seruice, and wee do accordingly nominate eight persons, whose names are herevnto annexed to Supply those vacancyes, Submitting in all duty & obedience their choice & appointment to his Matie, and waite his Maties gracious answeare So Soon as it Shall please your Lordsps to report the Same vnto his Matie

    They then said that “Mr Bradstreet Major Saltenstall Dudley Bradstreet do not accept ye Commission;” that “Mr Champernoon weak & vnable to act in that Commission;” and gave these ––

    Names of persons to Supply their vacancyes

    Samuell Shrimpton:

    Wilƚ Brown ju.

    James Russell

    Sam. Sewall

    Symon Linds

    tho: Graues

    Nicholas paige

    Ricd Smith95

    As a matter of fact, no new members were added to Dudley’s Council.96

    B Andros’s Council, 1686–1688

    In Andros’s first Commission (June 3, 1686) as Governor of the Territory and Dominion of New England, no persons were named for the Council; but in the Instructions issued to him on September 12, 1686, he was directed upon his arrival in Boston “forthwith to call together the members of Our Councill for that Our Territory and Dominion,” and the following twenty-seven persons were named:97

    Albro, John

    Greene, John

    Smith, Daniel

    Arnold, Richard

    Hinckes, John

    Stoughton, William

    Bradford, William

    Hinckley, Thomas

    Tyng, Edward

    Bulkley, Peter

    Lothrop, Barnabas

    Tyng, Jonathan

    Clarke, Nathaniel

    Mason, Robert

    Usher, John

    Clarke, Walter

    Newbury, Walter

    Walley, John

    Coggeshall, John

    Pynchon, John

    Wharton, Richard

    Dudley, Joseph

    Randolph, Edward

    Winthrop, Fitz John

    Gedney, Bartholomew

    Sanford, John

    Winthrop, Wait

    Article 6 of the same Instructions reads as follows:

    And that Wee may alwayes be informed of the names of persons fit to supply the Vacancies of Our Councill you are to transmit unto Us by One of Our principal Secretaries of State, and to the Lords of Our Privy Councill appointed a Committee for Trade and Forrein Plantations, with all convenient speed the names and characters of twelve persons Inhabitants of Our said Territory, whom you shall esteem the best qualified for that Trust and so from time to time when any of them shall dye, depart out of Our said Territory or become otherwise unfit, you are to supply the first number of twelve Persons by nominating others to Us in their stead.98

    Accordingly, on March 25, 1687, the following “Names of persons best qualified to fill vacancies in Council” were transmitted:99

    Brinley, Francis100

    Lidgett, Charles

    Sanford, Peleg101

    Browne, William, Jr.

    Luscombe, Humphrey102

    Sheafe, Sampson

    Curwin, Jonathan

    Lynde, Simon

    Shrimpton, Samuel

    Hutchinson, Eliakim103

    Russell, James

    Smith, Richard

    Before the date of Andro’s second Commission (April 7, 1688), at least seven persons had been nominated to the Council of whom four were among the twelve recommended above. On April 25, 1687, Andros was directed “forthwith upon receipt hereof” to cause “Captain Francis Nicholson to be sworne of Our Councill of that Our Colony of New England.”104 on August 24 following, ––

    Pursuant to his Majestyes Command Captaine Francis Nicholson was this day sworne of his Majestyes Councill in this his Territory and Dominion of New England and tooke his place accordingly.105

    On June 18, 1687, Robert Treat and John Allyn were nominated to the Council;106 and on June 27 Andros was directed to the “Cause Our Trusty and welbeloved Robert Treat Esqre the present Governor, and John Allen Esqre the present Secretary of Conecticutt to be Sworn of Our Councill in New England,”107 On November 1 following the Council met at Hartford, when, after Connecticut had been “annexed to the Dominion of New England,” ––

    Pursuant to his Majestyes Commands Robt Treat Esqr late Govr of Connecticott and John Allen Esqr the late Secrty were sworne of his Majtyes Councill.108

    On November 4, 1687, Samuel Shrimpton, William Browne, Jr., Simon Lynde, and Richard Smith were nominated to the Council;109 and on November 10 Andros was directed to cause those four persons “to be sworn of Our Councill of that Our Colony of New England.”110 Lynde did not serve, as he died November 22.111 It is not known exactly when Browne, Shrimpton, and Smith were sworn, since, as already stated,112 no regular Council records after December 29, 1687, are extant; but it must have been at least as early as February 3, 1688, for on that day Browne and Shrimpton were present at a Council meeting.113

    C Andros’s Council, 1688–1689

    In Andros’s second Commission (April 7, 1688) as Governor of the Territory and Dominion of New England, no persons were named for the Council; but in the Instructions issued to him on April 16, 1688, he was directed “with all convenient speed” to “call togeather” the following forty-two “Members of the Councill:”114

    Albro, John

    Gedney, Bartholomew

    Shrimpton, Samuel

    Allyn, John

    Greene, John

    Smith, Daniel

    Arnold, Richard

    Hinckes, John

    Smith, Richard

    Baxter, Jarvis

    Hinckley, Thomas

    Spragg, John

    Bayard, Nicholas

    Lothrop, Barnabas

    Stoughton, William

    Bradford, William

    Lynde, Simon

    Treat, Robert

    Brockholes, Anthony

    Mason, Robert

    Tyng, Edward

    Browne, William, Jr.

    Newbury, Walter

    Tyng, Jonathan

    Bulkley, Peter

    Nicholson, Francis

    Usher, John

    Clarke, Nathaniel

    Palmer, John

    Walley, John

    Clarke, Walter

    Philipse, Frederick

    Wharton, Richard

    Coggeshall, John

    Pynchon, John

    Winthrop, Fitz John

    Cortlandt, Stephen van

    Randolph, Edward

    Winthrop, Wait

    Dudley, Joseph

    Sanford, John

    Youngs, John

    D First Council under the Province Charter, 1691

    In the Province Charter (October 7, 1691) the following twenty-eight persons were named for the Council:115

    Alcock, Job

    Hawthorn, John

    Pike, Robert

    Appleton, Samuel

    Hayman, Samuel

    Richards, John

    Bradford, William

    Hinckley, Thomas

    Russell, James

    Bradstreet, Simon

    Hutchinson, Elisha116

    Saltonstall, Nathaniel

    Curwin, Jonathan

    Joyliffe, John

    Sergeant, Peter

    Davis, Silvanus

    Lothrop, Barnabas

    Sewall, Samuel

    Donnell, Samuel

    Lynde, Joseph

    Walley, John

    Foster, John

    Mason, Stephen

    Winthrop, Adam

    Gedney, Bartholomew

    Middlecott, Richard

    Winthrop, Wait

     

    Phillips, John

     

    In the following list these names are brought together under a single alphabet, thus making it possible to tell at a glance to which Council each belonged. Variations in the spelling of names, where important, are noted in footnotes;117 and to the name of each person is added the colony to which he belonged. The abbreviations here used are obvious, with the possible exception of the letters “N. C.” and “N. P.,” which indicate respectively the Narragansett Country and the New Plymouth Colony.

    List of Councillors, 1685–1691

    A = Named in Commission to Dudley, Oct. 8, 1685118

    B = Named in Instructions to Andros, Sept. 12, 1686119

    C = Named in Instructions to Andros, April 16, 1688120

    D = Named in Province Charter, Oct. 7, 1691121

     

    B

    C

     

    Albro,122 John. R. I. Died 1712.123

         

    D

    Alcock,124 Job. Me. Died about 1716.125

       

    C

     

    Allyn, John. Ct. Died 1696.126

         

    D

    Appleton, Samuel. Mass. Died May 15, 1696.127

     

    B

    C

     

    Arnold, Richard. R. I. Died April 22, 1710.128

       

    C

     

    Baxter, Jarvis. N. Y.

       

    C

     

    Bayard, Nicholas.129 N. Y.

     

    B

    C

    D

    Bradford, William. N. P. Died Feb. 20, 1704.130

             
             
             

    A

         

    Bradstreet, Dudley. Mass. Did not accept. Died Nov. 13, 1702.131

    A

       

    D

    Bradstreet, Simon. Mass. Did not accept. Died March 27, 1697.132

       

    C

     

    Brockholes, Anthony.133 N. Y.

       

    C

     

    Browne, William, Jr. Mass. Died Feb. 23, 1716.134

    A

    B

    C

     

    Bulkley,135 Peter. Mass. H. C. 1660; died May 25, 1688.136

    A

         

    Champernoon, Francis. Me. Did not serve. Died before May 21, 1687.137

     

    B

    C

     

    Clarke, Nathaniel. N. P. Died Jan. 31, 1717.138

     

    B

    C

     

    Clarke, Walter. R. I. Died May 23, 1714.139

     

    B

    C

     

    Coggeshall,140 John. R. I. Died Oct. 1, 1708.141

       

    C

     

    Cortlandt, Stephen van.142 N. Y. Died Nov. 25, 1700.143

         

    D

    Curwin, Jonathan. Mass. Died June 9, 1718.144

         

    D

    Davis, Silvanus. Me. Died in 1703.145

         

    D

    Donnell,146 Samuel. Me. Died March 9, 1718.147

    A

    B

    C

     

    Dudley, Joseph. Mass. H. C. 1665; died April 2, 1720.148

         

    D

    Foster, John. Mass. Died in February, 1711.149

    A

    B

    C

    D

    Gedney, Bartholomew. Me. Died March 1, 1698.150

     

    B

    C

     

    Greene, John. R. I. Died Nov. 27, 1708.151

         

    D

    Hawthorn, John. Mass. Died in May, 1717.152

         

    D

    Hayman, Samuel. Mass.153 Died Dec. 14, 1712.154

    A

    B

    C

     

    Hinckes, John.155 N. H.

     

    B

    C

    D

    Hinckley, Thomas. N. P. Did not serve in D. Died April 16, 1705.156

         

    D

    Hutchinson, Elisha. Mass. Died Dec. 10, 1717.157

         

    D

    Joyliffe,158 John. Mass. Died Nov. 23, 1701.159

     

    B

    C

    D

    Lothrop, Barnabas.160 N. P. Died in 1715.161

         

    D

    Lynde, Joseph. Mass. Died Jan. 29, 1727.162

       

    C

     

    Lydne, Simon. Mass. Did not serve. Died Nov. 22, 1687.163

    A

    B

    C

     

    Mason, Robert. N. H. Died Sept. 6, 1688.164

         

    D

    Mason, Stephen. Mass. Did not serve.165

         

    D

    Middlecott, Richard. Mass. Died June. 13, 1704.166

     

    B

    C

     

    Newbury, Walter. R. I. Died Aug. 6, 1697.167

       

    C

     

    Nicholson, Francis.168 Mass. Died March 5, 1728.

       

    C

     

    Palmer, John. N. Y.

       

    C

     

    Philipse,169 Frederick. N. Y. Died Nov. 6, 1702.170

         

    D

    Phillips, John. Mass. Died March 21, 1725.171

         

    D

    Pike, Robert. Mass. Died Dec., 1706.172

    A

    B

    C

     

    Pynchon, John. Mass. Died Jan. 17, 1703.173

    A

    B

    C

     

    Randolph, Edward. Mass. Died in April, 1703.174

         

    D

    Richards, John. Mass. Died April 2, 1694.175

         

    D

    Russell, James. Mass. Died April 28, 1709.176

    A

       

    D

    Saltonstall, Nathaniel. Mass. Died not accept A. H. C. 1659; died May 21, 1707.177

     

    B

    C

     

    Sanford John R. I. Did not serve.178 Died before May 21, 1687.179

         

    D

    Sergeant, Peter. Mass. Died Feb. 8, 1714.180

         

    D

    Sewall, Samuel. Mass. H. C. 1671; died Jan. 1, 1703.181

       

    C

     

    Shrimpton, Samuel. Mass. Died Feb. 8, 1698.182

       

    B

    C

    Smith, Daniel. N. P. Died April 28, 1692.183

         

    C

    Smith, Richard. N. C. Died about 1692.184

       

    C

     

    Spragg, John. N. Y. Did not Serve.185

    A

    B

    C

     

    Stoughton, William. Mass. H. C. 1650; died July 7, 1701.186

       

    C

     

    Treat, Robert. Ct. Died July 12, 1710.187

    A

    B

    C

     

    Tyng, Edward. Me. Died about 1701.188

    A

    B

    C

     

    Tyng, Jonathan. Mass. Died Jan. 19, 1724.189

    A

    B

    C

     

    Usher, John. Mass. Died Sept. 1, 1726.190

     

    B

    C

    D

    Walley, John. N. P. Died Jan. 11, 1714.191

    A

    B

    C

     

    Wharton, Richard. Mass. Died May 14, 1689.192

         

    D

    Winthrop, Adam. Mass. Died Aug. 3, 1700.193

    A

    B

    C

     

    Winthrop, Fitz John. Ct. Died Nov. 27, 1707.194

    A

    B

    C

    D

    Winthrop, Wait. Mass. Died Nov. 7, 1717.195

       

    C

     

    Youngs,196 John. N. Y. Died about 1698.197

    V PROVINCE OF THE MASSACHUSETTS BAY, 1691–1775

    Governors

    Sir William Phips was commissioned Governor by William and Mary on December 12, 1691. Arriving in Boston on May 14, 1692, he was sworn on May 16. Sewall writes:

    May 14th 1692. Sir William arrives in the Nonsuch Frigat: Candles are lighted before He gets into Town-house. Eight Companies wait on Him to his house, and then on Mr. [Increase] Mather to his. Made no volleys because ’twas Satterday night. . . .

    Monday, May 16. Eight Companies and two from Charlestown guard Sir William and his Councillors to the Townhouse, where the Com̄issions were read out and Oaths taken.198

    The following extracts are from the Council Records of May 16th:

    Their Majesties Royal Charter for the Erecting Uniting and Incorporating of their Province of the Massachusetts Bay in New-England, and for settling of Government within the said Province, under the great seal of England, was read and published.

    Their Majesties Letters Pattents under the great seal of England, for constituting and appointing Sr William Phips knt to be Captain General and Governour in Chief in and over their Majties Province of the Massachusetts Bay in New England; as also for the Constituting and appointing of the said Sr William Phips to be their Majties Lieutenant and Commander in Chief of the Militia Forces, Forts and places of strength within their Majties several Colonies of Connecticutt, Rhode Island & Providence Planta the Narragansett Country or Kings Province, & the Province of New Hampshire, was read and published.

    Their Majesties Letters Patents under the great seal of the Supreme Court of Admiralty of England granting unto Sr William Phips knt the Office of Vice Admiral within the Province and Territory of the Massachusetts Bay, and the sea parts belonging and adjoyning thereto whatsoever, was also shewn forth and published. . . .

    His Excellency the Govr tooke his oath for the due & faithful performance of his Office or place of Governour; as also the Oaths appointed by Act of Parliament made in the first year of their present Majties Reign, Entituled an Act for the abrogating of all the Oaths of Supremacy & Allegiance, and appointing other Oaths, being administred unto him, by William Stoughton Esqre Lt Governour. . . .

    The Members of the Council then present: vizt John Richards Wait Winthrop, John Phillips, James Russell, John Joyliffe, Adam Winthrop, Richd Middlecutt, John Foster, Peter Sergeant, Joseph Lynde, Samuel Hayman, & Silvanus Davis Esqrs each one severally for himselfe tooke his Oath for the due and faithful performance of his Office or place of a Councellor or Assistant, and the Oaths appointed to be taken instead of the Oaths of Allegiance & Supremacy. Before the Governour & Lt Governour.199

    The oath taken by the Governor, Lieutenant-Governor, Secretary, and Councillors is as follows:

    We Sr William Phips Knt Governor &ca of their Majties Province of the Massachusetts Bay in New England William Stoughton Esqr Lieutenant Governour And the Councellors Assistants of their Maties said Province, and Secretary, Each one particularly and severally for Our Selves, Do make, repeat and subscribe the following Declaration in the words thereof, — Mutatis Nominibus Vizt

    I, William Phips, do solemnly and sincerly in the presence of God, profess, Testify and declare. That I do believe, That in the Sacrament of the Lords Supper, there is not any Transubstantiation of the Elements of Bread and Wine into the Body and Blood of Christ, at or after the Consecration thereof by any person whatsoever, and that the Invocation or Adoration of the Virgin Mary, or any other Saint, and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous. And I do solemnly in the presence of God profess, testify and declare, That I do make this Declaration and every part thereof in the plain and Ordinary Sense of the words read unto me, as they are commonly understood by English Protestants, without any Evasion, Equivocation or Mental Reservation whatsoever, And with-out any dispensation already granted me for this purpose by the Pope, or any Authority, or Person whatsoever, Or without any hope of any such dispensation from any Person, or Authority whatsoever, Or without thinking that I am or can be Acquitted before God or man, Or absolved of this Declaration, Or any part thereof, Although the Pope, or any other person or persons whatsoever should dispense with, or annul the same, Or declare that it was Null and void from the begining.

    Isaac Addington200

    John Hathorne

    John Richards

    Job Alcock

    Samuel Hayman

    James Russell

    Samll Appleton

    Elisha Hutchinson

    Nath: Saltonstall

    William Bradford

    John Joyliffe

    Peter Sergeant

    Jonathan Corwin

    Barnabas Lathrop

    Samuel Sewall

    Silvanus Davis

    Joseph Lynde

    William Stoughton

    Samuel Donnell

    Richard Middlecutt

    John Walley

    John Foster

    John Phillips

    Adam Winthrop

    Barth° Gedney

    William Phips

    Wait Winthrop201

     

    Robt Pike

     

    On November 15, 1694, —

    Upon the motion of his Excellcy the Governour that he had some things material to offer, relating to the complaints exhibited against him by Mr Brenton & Capt. Short, whereof he was not before advised, several papers and affidavits were presented by Mr Benjamin Jackson on that occasion, and sworn unto by him.202

    On November 17th, —

    The Lieutt Govr and the members of the Council then in Town waited upon his Excy at his house & accompanied him to the Waterside, who embarqued, and that evening set saile onwards of his Voyage to England.203

    Thus Phips’s term of office lasted only two and a half years—from May 16, 1692, to November 17, 1694, as he did not return to Boston and died suddenly in London on February 18, 1695.204

    Upon the departure of Phips, Lieutenant-Governor William Stoughton205 became Acting Governor on December 4, 1694, on which day the following proceedings took place in Council:

    This being the first sitting of the Council since the Govr’s departure, the Lieut Govr proposed to have the opinion of the Council, whether it be necessary, that he be sworne to see to the observance of the Acts of Trade relating to the Plantations as the Act of the 12th of King Charles the Second directs that all Governours of the Plantations be.

    The Council Advised it as necessary, whereupon the Lt Govr was sworn to do his utmost to see to the observance thereof.206

    On October 20, 1698, —

    His Majty’s Commission under the Great Seal of England appointing of sundry Gent: therein named, to administer unto the Governour or Commander in Chief of the Province of the Massachusetts, the Oath appointed by an Act of Parliament made in the seventh and eighth year of his present Majty’s Reign, Entituled an Act for preventing Frauds and Regulating abuses in the Plantation Trade, to be taken by all Governours or Commanders in Chief of any English Colonies or Plantations, and the forme of the oath in sd Commission contained were read, and the said oath accordingly administred unto the Honble William Stoughton Esqre Lieutt Govr, and the present Commander in Chief of the said Province of the Massachusetts Bay, at the Council Board, before Peter Sergeant, Elisha Hutchinson, John Phillips, Nathaniel Byfield, Benjamin Bullivant and Lawrence Hammond Esqrs six of the Commissioners therein named.207

    Stoughton was Acting Governor from December 4, 1694, to May 26, 1699.

    The Earl of Bellomont was commissioned Governor by William III on June 18, 1697; but did not take office until May 26, 1699,208 on which day —

    His Excellency the Earle of Bellomont arriving this day at Boston, his Majesty’s Royal Commission, constituting and appointing him Captain General and Governour in Chief of this his Majesty’s Province of the Massachusetts Bay, was read and published.

    And his Excellency tooke the Oaths appointed, by Act of Parliament made in the first yeare of the reign of his Mty and the late Queen Mary, to be taken instead of the Oaths of Allegiance and Supremacy, and made, repeated and subscribed the Declaration in said Act mentioned, and also tooke an Oath for the due and faithfull performance of his duty in the Office and place of Governour of the sd Province; before the Honble William Stoughton Esqr Lt Govr.

    And then tooke the oath appointed by an Act of Parliament made in in the seventh and eighth year of his present Majty’s reign entituled: An Act for preventing frauds and regulating abuses in the Plantation Trade, to be taken by all Governours or Commanders in Chief of any English Colonies or Plantations, Before Thos Danforth, James Russell, Elisha Cooke, Jonathan Corwin, Peter Sergeant and Lawrence Hammond Esqrs six of the Commissioners appointed to administer the same by his Majty’s Commission under the Great Seal of England.

    His Excellency also subscribed the Association lately Established by Act of Parliament.209

    On July 16, 1700, “His Excellency acquainted the Council of his purpose to embarque to morrow for his Government of the Provce of New York;” and on July 17th, “His Excellency embarqued upon his Majty’s Ship the Arundel and set saile therein towards his Government of the Province of New York.”210

    Upon the departure of Bellomont, who never returned and died suddenly in New York on March 5, 1701,211 the government again devolved upon Lieutenant-Governor Stoughton,212 who remained Acting Governor until his death on July 7, 1701.213

    By the death of Stoughton, the government devolved, for the first time, upon the Council. The following proceedings took place in Council on July 10, 1701:

    The Honble William Stoughton Esqre his Majty’s Lieutt Governour & Commander in Chief of this Province being lately deceased, and there being no person within this Province Commissionated by his Majty to be Governour within the same.

    Resolved and Ordered. That a Proclamation be forthwith emitted for the continuance of all Military Commission Officers until further Order.

    And a Proclamation being accordingly drawn up was signed by the Members present at the Board and published.214

    A Letter to the Right Honble Mr Secretary Vernon to give notice of the death of the Honble William Stoughton Esqre his Majty’s Lieutt Govr of this Province; and another letter of like import to the Right Honble the Lords Commissrs of the Council for Trade and Plantations; being drawn up, were agreed to, and signed by all the members of the Council present at the Board.215

    And on July 11th, —

    For the more easy and ready dispatch of the affairs of the Government.

    Resolved. That there be a Council held at the Council Chamber in Boston upon every Wednesday in each week weekly, to meet at ten a clock in the morning, and that all the members of the Council now absent be notified of the said stated time for the Councils sitting, that so they may afford their presence there for his Majty’s service accordingly without expecting further notice.216

    That the Council felt uneasy in its assumption of power is sufficiently shown by a letter it wrote to Secretary Vernon on July 10th, and by an address sent to King William by the Council and House on August 7th. The letter is in part as follows:

    RT HonoBLE

    We lay hold of this first Conveyance to transmit to your Honour the sorrowful tidings of the death of the Honoble William Stoughton Esqr his Maties Lt Governor and Commander in Chief of this Province, who departed this Life on the Seventh instant in the Evening . . . . whereby the Affaires thereof [i. e. of the government] are embarrassed and cannot be managed without greater difficulty . . . . And in the meanwhile we shall Endeavour to observe his Maties Commands and Directions in his Royal Charter for Administring of the Government.217

    The address of August 7th, in which some of the language employed in the letter of July 10th is practically repeated, is in part as follows:

    To the Kings most Excellent Majesty.

    The humble Address of the Council and Representatives of your Majties Province of the Massachusetts Bay in New-England in General Court assembled.

    Most Gracious & Dread Soveraign.

    We crave leave in all humility to express the deep sorrow wherewith we are very sensibly affected under the awful dispensation of Divine Soveraignty towards us. First in the death of the truely Noble Earl of Bellomont your Maties late Captain General and Governour in Chief of this yor Province and soon after in the death of the Honble William Stoughton Esqr your Majties late Lt Governour and Commander in Chief of the same: Deploring our great unhappiness in being deprived of the conduct of two such Worthy persons — more especially at a time when the present conjuncture makes us stand in the greatest need of all that wisdom skill and prudence for directing the Affairs of the Government which we had large experience of in them.

    Our Trust under God is nextly on your Matys Grace towards us. Hopeing That the same Royal Goodness which inclined yor sacred Majesty to be favourable to your good subjects here in the appointing of persons so worthy and desirable to the chief places of Government over us will still dispose your Majesty to have the like Princely care of and Regard to us.218

    The government was administered by the Council from July 10, 1701, until the arrival of Governor Dudley on June 11, 1702.219

    Joseph Dudley was commissioned Governor by William III on February 13, 1702;220 but this Commission becoming void on the death of the King on March 8th following, he was again commissioned by Anne on April 1, 1702. He reached Boston June 11th, on which day the following proceedings took place in Council:

    The Gentlemen of the Council receiving Intelligence this morning by an Express from Marblehead of his Excellcies arrival there yester evening in his Majty’s Ship the Centurion. And the said Ship being now in sight in her way from thence towards this place; Samuel Sewall, Elm Hutchinson & Nathl Byfield Esqrs with the Secretary were desired, and directed forthwith to repair on board her, In the name of the Council to congratulate his Escellcys happy arrival, & to wait upon him to Town — And the said Gentlemen accordingly attended that service.

    The said Ship anchoring about noon in Nantasket Road, his Excellcy and the Honble the Lieutt Govr soon after left her, being saluted at their coming off with the discharge of several Canon on board said Ship, and in their passage up to Town by her Majty’s Castle, were again saluted from thence by the discharge of the Canon there, as also by her Majty’s Ship and Merchant Ships in the Port as they passed by them, and by the Forts in the Town.

    Upon the landing of his Excellency & the Lieutt Govr they were received and attended by her Majty’s Council, the Representatives, Ministers, Justices and other Gentlemen, with the Troop of Guards and Regiment of Militia in Armes, from the water side to the Council Chamber; from whence his Excellency, the Council and Representatives removed into the Court Chamber, and being there seated in their places the doors set open and the Gentn and other the Company admitted in. Proclamation was made to command silence, and her Majty’s Royal Commission or Letters Patent, Dated at Westminster the first day of April, in the first year of her Majty’s reign, constituting his Excellency Joseph Dudley Esqre to be her Majesty’s Captn General and Governour in Chief in and over her Province of the Massachusetts Bay in New England, as also Captain General and Commander in Chief of the Militia & of all the Forces by Sea and Land within the Colonys of Rhode Island and Providence Plantation and the Narraganset Countrey or Kings Province and of all Forts and places of strength within the same, was read and published.

    Then his Excellcy tooke the oaths appointed by Act of Parliament passed in the first year of the Reign of King William and Queen Mary to be taken instead of the oaths of allegiance & Supremacy, unto her present Majty Queen Anne, and repeated & subscribed the Declaration appointed by the same Act. Also tooke an oath for the due & faithful performance of his duty in the Office and place of Govr of the sd Province, and the oath by an Act of Parliament made in the seventh and eighth year of the Reign of King William the Third Intituled An act for preventing Frauds and regulating abuses in the Plantation Trade, appointed to be taken by all Governours or Commanders in Chief of any English Colony or Plantations.

    His Excellcy’s Commission221 of Vice Admiral, granted by the Right Honble Thomas Earl of Pembroke and Montgomery, Lord high Admiral of England and Ireland, under the great Seal of the Hight Court of Admiralty of England bearing date the twenty sixth day of February 1701. was also shewn forth and published . . . .

    His Excellency further proposed, that her Majesty’s Letters Patent to himselfe as Governour, and his Commissn for vice Admiral and the Honble the Lieutt Govrs Commission might be made of Record.

    Which the Council advised accordingly.222

    Early in 1715 a controversy took place between Governor Dudley and the Council as to who should administer the government.223 When Anne ascended the throne in 1702, a commission became void upon the demise of the Crown. In 1705 the British Parliament passed “An Act for the better Security of her Majesty’s Person and Government, and of the Succession to the Crown of England in the Protestant Line” (4 Anne, Chapter VIII). This provided —

    VIII . . . . nor shall any Office, Place or Imployment, civil or military, within the Kingdoms of England or Ireland, Dominion of Wales, Town of Berwick upon Tweed, Isles of Jersey, Guernsey, Alderney, and Sark, or any of her Majesty’s Plantations, become void, by Reason of the Demise or Death of her present Majesty, her Heirs or Successors, Queens or Kings of this Realm; but . . . every other Person and Persons in any of the Offices, Places and Imployments aforesaid, shall continue in their respective Offices, Places and Imployments, for the Space of six Months next after such Death or Demise, unless sooner removed and discharged by the next in Succession, as aforesaid.224

    In 1707 another Act (6 Anne, Chapter VII) of a like tenor was passed.225 Anne died August 1, 1714; the news of her death reached Boston September 15;226 and George I was proclaimed in Boston September 22.227 On November 22 George I issued “A Proclamation Declaring His Majesties Pleasure for Continuing the Officers in His Majesties Plantations, till his Majesties Pleasure shall be further Declared;”228 but this proclamation did not reach Boston until March 19, 1715.229 Meanwhile, however, the six months specified in the Act of 6 Anne Chapter VII had expired on February 1, 1715. The following proceedings took place in Council on February 3:

    Whereas upon the first of this instant, the following message was sent to His Excellency Joseph Dudley Esqr by Samuel Sewall Joseph Lynde Addington Davenport & Thomas Hutchinson Esqrs of His Majestys Council, from the Members of the Council then present: which were twelve in number being so many as could be at that time assembled the sd message being in these words. That is to say.

    May it please your Excellcy

    Whereas the six months given by the Parliament of Great Britain for continug persons in their civil & military offices do expire this day; these are humbly to inquire whither your Excellcy has received orders from our Sovereign Lord King George enabling you to sustain the place of Governr of this Province longer

    To which his Excellency was pleased to answer, I have received no orders

    Which Message with the answer being now communicated to the Council, & debated & considerd the Question was then put, Whither the Government be devolved on His Majestys Council, according to the Powers granted in the Charter

    Which was voted in the affirmative

    Whereupon Elisha Hutchinson Em Hutchinson Penn Townsend & Isaac Winslow Esqrs were im̄ediately sent to wait upon His Excellency & acquaint him therewth

    The Council adjourned unto tomorrow at nine in the morning.230

    On February 4 —

    Pursuant to a Vote pass’d yesterday That the Governmt is devolved on His Majestys Council according to the powers granted by the Charter

    A Proclamation was drawn up in the following words, That is to say.

    By the Honourable the Council of His Majestys Province of the Massachusetts Bay in New England

    A Proclamation

    Whereas in the Royall Charter granted by King William & Queen Mary for incorporating their subjects of the Colonies enumerated in the sd Charter into one real Province of the name of the Massachusetts Bay in New England, provision is made for the devolution of the Governmt upon the Council in these words, That is to say. And we do by these presents for us our heirs & successors constitute and ordain that when & as often as the Govr and Lieutt or Deputy Governour of our sd Province or Territory, for the time being shall happen to dye or be displaced by us, our heirs or successors or be absent from our sd Province & that there shall be no person within the sd Province commissionated by us our heirs or successors to be Governour within the same, Then & in every of the sd cases, the Council or Assistants of our sd Province shall have full Power and Authority; & we do hereby give & grant unto the said Council or Assistants of our sd Province for the time being or the major part of them, full power and authority to do & execute all and every such Acts Matters & things which the sd governour or Lieutenant or Deputy Governour of our sd Province or Territory for the time being might or could lawfully do or exercise if they or either of them were personally present until the return of the Governour or Lieutt or Deputy Governour so absent, or arrival or constitution of such other Governour or lieutt or deputy Governour as shall & may be appointed by us our heirs & successors from time to time.

    And Whereas the six months from the demise of Her late Majesty Queen Anne limited by the Parliament of Great Britain, for continuing civil & military officers in their respective offices places & imployments, expired the first day of this instant February. And Whereas by reason that there is no person within the sd Province com̄issionatd by our Soveraign Lord King George, to be Governor within the same; the Government is now devolved upon the Council, & they are obliged to undertake the administration thereof in obedience to the constitution of the sd Charter, & for the welfare & safety of His Majestys subjects within this Province until His Majestys further pleasure be known.

    Pursuant therefore unto the power & authority to us granted as aforesaid We have thought fit & necessary to issue & publish this Proclamation & We do in His Majestys name require all officers civil & military within this Province, that have qualified themselves by taking the Oaths appointed in & by the aforesaid Act of Parliament, to attend the duty, & use & exercise the powers & authorities to their respective offices places & employments belonging

    Until further order, And all His Majestys loving subjects are required in His Matys behalfe to be aiding helping & assisting at the commandment of the sd officers in the discharge of the duty of their respective places & employments, as they & every of them tender His Majestys displeasure and will answer their neglect at their peril

    Given at the Council Chamber in Boston the fourth day of February in the first year of the reign of our Soveraign Lord George, by the grace of God of Great Britain France and Ireland King defender of the faith &ca annoque Domini 1714

    Wm Tailer

       

    Elisha Hutchinson

       

    Edward Bromfield

       

    Samll Sewaƚƚ

       

    Samƚƚ Appleton

       

    Joseph Lynde

       

    Benja Lynde

       

    Em Hutchinson

       

    John Clarke

    Esqrs

    Penn Townsend

    Esqrs

    A Davenport

       

    John Appleton

       

    Isaac Winslow

       

    John Higginson

       

    Thos Hutchinson

       

    Andrew Belcher

       

    Wait Winthrop

             

    By order of the Council

    Isaac Addington Sec͞r͞y

    God save the King231

    Wait Winthrop Esqr took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance & Supremacy, repeated & subscribed the Declaration, & took the oath of Abjuration & then administered the same to the rest of the Councellours present at the Board

    After which at the motion of the Secretary upon the question put, The Council declared their opinion that the Secretarys Commission remained in force, having been so accepted during all the last reign & ordered him to countersign the Proclamatn and the sd Proclamation was then published by beat of Drum sent to the Press & ordered to be dispersed into the several parts

    An Oath being digested of the Tenour following was taken by all the Members present this day at the Board absent then only Andrew Belcher Esqr That is to say.

    Whereas for the present untill His Majestys pleasure be further known by the devolution of the Government according to the Royall Charter, full power & authority is granted to the Council of this His Majestys Province to do & execute all & every such Acts Matters & things which the Governour of this Province for the time being might or could lawfully do or execute, if he were personally present

    You swear that you will well and truly discharge that trust accordingly, to the utmost of your power

    So help you God232

    The King’s proclamation of November 22, 1714, having, as already stated,233 reached Boston on March 19, 1715, on March 21—

    His Excellency communicated to the Council a Proclamation by the King for continuing of all officers Civil & Military in being at the time of the demise of the late Queen, in their respective offices places & imployments till further order which was first read in the Council Chamber a great number of the principle Gentlemen of the Country being present and then His Excellency the Governour, the Lieutenant Governour & Council removing into the Balcony of the Council Chamber the same was again read there the Governours Guard & three other Troops of Horse of Suffolk & Middlesex & a great concourse of people attending immediately after ending the Proclamation the People gave three Huzzas, the Troops discharged three volleys & the Cannon at His Majesty’s Castle William, at the Town Batterie & on board His Matys Ships Pheenix were also discharged234

    The government, thus reassumed by Dudley, was retained by him until November 9, 1715, though not without a challenge from Lieutenant-Governor Tailer, as will presently be seen.

    Elizeus Burges was commissioned Governor by George I on March 17, 1715.235 The news of his appointment reached Boston April 21.236 On April 28 a new Commission was issued to Tailer as Lieutenant-Governor. On June 29 Burges wrote to the Council a letter in which he said:

    The K. has done me the Honor to make me his Governour of the Provinces of the Massachusets Bay, and N-Hampshire in N. England, and I think I can̄ot find a fitter opportunity than this to acquaints you with His Maj’s Goodness to me . . . . I propose to leave this place the latter end of the next Moneth, and hope to be with you before the end of September. While I continue here, I will do all I can for your Service; and when I have the Honor to see you at Boston, I will give you all the Assurances you your selves can desire, that I have nothing so much at heart, as the Good of the people, and the Glory of GOD.237

    On September 6 Burges wrote a second letter, saying:

    I had the Honor to write to you by Mr. Secretary Woodward, and told you then that I had hopes of seeing you at Boston before the end of this Moneth; but since my Affairs in this Country are like to keep me here most part of the Winter, and I am not to be so happy so soon as I expected, It is fit I should let you know it; and beg you will send me your Commands, that I may not be altogether useless to you, though I’m from you; but may do you all the Service I can here, as an Earnest of what I intend when I have the honor to be among you. I have sent you over an Exemplification of my Commission, by which you will see that Col. Dudley’s Commission is vacated, and that the Government does necessarily devolve upon Colonel Tailer during my absence. Thus I understand it; but leave it to your greater Wisdom to determin that matter, as you shall see fitting, and think most for His Majesties Honor, and the Interest of your Country.238

    On September 22 Samuel Woodward, the new Secretary, reached Boston,239 bringing with him Burges’s letter of June 29, his own Commission as Secretary, and the Commission of Tailer as Lieutenant-Governor. On September 24 —

    Upon reading His Majestys Com̄ission to Lieutt Governour Tailer dated the 28th day of April 1715 put to the Question, Whither the Council are of opinion that the Governmt of this Province be thereby devolved upon him, the Commission and Instructions given by His Majesty to His Excellency Col° Burges being not here nor any copy thereof yet arrived in this Province by which the Government is to be administered

    Pass’d in the Negative unanimously.240

    On November 9 Nathaniel Byfield, who had been in England, reached Boston,241 bringing with him the Exemplification of Burges’s Commission which Burges, in his letter of September 6, said had been sent. Thereupon, the same day, —

    An Exemplification242 of His Majestys most gracious Letters Patents constituting & appointing Elizeus Burges Esqr Captn General & Governour in chief in & over His Majestys Province of the Massachusetts Bay in New England being presented was ordered to be forthwith read & published which was done accordingly

    And the Honble William Tailer Esqr his Commission as Lieutt Govr was again read & publish’d and he took the oath referring to the Colonies and Plantations as directed by Act of Parliament he having taken all the other oaths at the former publication of his Commission & the Councellors present were all duly sworn &

    Advised & consented That a Proclamatn for continuing all officers civil & military in their respective offices till further order should be forthwth printed & published which was signed in Council accordingly.243

    Thus the purpose of sending over the Exemplification of Burges’s Commission was accomplished, and Dudley’s long term of office came to an end.

    Lieutenant-Governor Tailer was acting Governor from November 9, 1715, to October 5, 1716.

    In spite of repeated rumors244 of his being about to sail, Colonel Burges resigned his Commission and never came to this country.

    Samuel Shute was commissioned Governor by George I on June 15, 1716.245 He reached Boston Harbor October 4,246 and was sworn October 5. As the Council Records from September 11, 1716, to September 5, 1717, both included, are not extant,247 the following account of the proceedings is taken from the Boston News Letter of October 8, 1716:

    Boston, ON Thursday last in the Evening (to the very great Joy and Satisfaction of all His Majesty’s Good Subjects here) Arrived His Excellency SAMUEL SHUTE Esq; Captain General and Governour in Chief, in and over His Majesties Provinces of the Massachusetts-Bay and New-Hampshire in New-England, &c. on Board the Lusitania, and was first met and welcomed by the Honourable William Dummer, Esq; with other Gentlemen in Company, and quickly afterwards waited on by the Representatives of the Town of Boston, and several other Gentlemen: but it being late at Night, and the Ship at some distance from the Town, His Excellency was pleas’d to defer his Landing till the next Morning; proving a pleasant fair Day, when His Excellency was early attended by a Committee of the General Assembly, consisting of several Members of His Majesties Council, and the House of Representatives, with several other Gentlemen & Officers. About Nine a Clock His Excellency in coming up to Town was first Saluted by His Majesties Castle William, and afterwards by His Majesty’s Ship of War the Rose, the Batteries of the Town, the Ships and Vessels in the Harbour, by the Discharge of a great Number of Guns, and their Enseigns displayed. About Ten of the Clock His Excellency Landed at the End of the Pier or Wharff at King-Street, where the Hon. Col. William Tailer, Esq; the late Lieutenant Governour, &c. with a Number of His Majesty’s Council, Justices of the Peace, and other Gentlemen and Merchants, received His Excellency, and attended him thro’ a great Concourse of People, up to the End of King-Street, where His Excellency was received and Saluted by his own Troop of Guards, and after that by the Regiment of the Town, under their Arms, and at the Town-House Stairs the Honourable the late Governour Dudley, being attended by the President248 of Harvard-Colledge in Cambridge, with the Ministers of the Town of Boston, and the Neighbouring Towns, Congratulated His Excellency’s safe Arrival, and accompanied him up to the Council-Chamber, where His Majesty’s Royal Commission to His Excellency for the Government of this Province, (As also a Commission to the Honourable William Dummer Esq; for Lieut. Governour) was Published and Solemnized with great Acclamations of Joy, and the Regiments Discharge of Three Volleys. Upon this happy Occasion, there came in also a Troop of Horse, and Five Companies of Foot, belonging to the South Regiment of Suffolk, and a greater Number had attended, but that His Excellency was pleased to signify his Pleasure against it. Between One and Two a Clock His Excellency was Publickly Entertained at Dinner, in Company with His Majesty’s Council, with the Speaker249 and many of the House of Representatives, and a great Number of other Gentlemen, Officers, &c. The Joy and Satisfaction of His Majesty’s good People of this Country was so much the greater upon this Occasion, because of some Fears we had been under; a Ship being Arrived Ten Days ago from London, that came out Sixteen Days after His Excellency: Besides some Advice from the Eastward of Wrecks upon the Coast. Soon after the Publishing His Excellency’s Commission, a Proclamation as usual, was Issued for the Continuation of all Officers both Civil and Military, till further Order. His Excellency was pleased to take his Lodgings at Mr. Dudley’s till the Province House could be fitted for his Reception, which will be in a few Days (p. 2/1).

    Late in 1722 Shute determined to go to England. The following proceedings took place in the House on December 28:

    A Message by Samuel Sewall, Penn Townsend, and Addington Davenport Esqrs; viz. His Honour the Lieut. Governour having by his Excellency’s direction acquainted the Board, That His Excellency the Governour is Embarked on board His Majesty’s Ship Sea-Horse Capt. Durell Commander at Nantasket, and designs to return early in the Fall. And the Board thinking it a Matter of Importance, have sent to inform the Honourable House thereof.250

    Post Meridiem.

    Ordered, That Mr. Remington, Mr. Fullam, and Mr. Dudley go up to the Board, and Desire of His Honour the Lieut Governour, that if he has any Advice from His Excellency, of his intended Voyage, he would be pleased to communicate it to the House.

    A Message by Mr. Secretary, His Honour the Lieut. Governour has ordered me to acquaint this Honourable House, That he has no farther Advice of His Excellency’s intended Voyage, than that he is embarked on Board His Majesty’s Ship Sea-Horse, and that he designs, if GOD please, to return early in the Fall.251

    The House being Informed this Morning in a Message by Samuel Sewall, Penn Townsend and Addington Davenport, Esqrs; That His Honour the Lieut. Governour having by His Excellency’s Direction acquainted the Board, that His Excellency the Governour is embarked on Board His Majesty’s Ship Sea-Horse, Capt. Durell Commander at Nantasket, and designs to return early in the Fall. And the Board thinking it a matter of Importance, sent to inform the Honourable House thereof. Which is a very great surprize, and gives this House just ground to suppose, That upon His Excellency’s Arrival at the Court of Great-Britain, (if bound there) he may endeavour to Charge this House in attempting to encroach upon the Royal Prerogative, or coming into some things they had not a Right to, by their present happy Constitution. Therefore,

    Resolved, That Mr. Cooke, Mr. Dudley, Mr. Chandler, Mr. Clarke, and Mr. Wainwright, be a Committee forthwith to prepare and lay before this House, what they think proper in this critical Juncture for the House to do, in their Just and necessary Vindication at the Court at Home.252

    The following notice appeared in the Boston Gazette of December 31:

    His Excellency our Governour having been pleased to Communicate to the Honourable Lieutenant Governour, His Majesty’s Leave of Absence, and delivered over to him all His Majesty’s Royal Instructions for the management of the Government agreeable to the Royal Charter, and wrote the Lieutenant Governour a Letter to be Communicated to His Majesty’s Council; His Excellency imbark’d On Thursday last on board His Majesty’s Ship Sea-horse at Nantascot in order to pass by way of the West Indies to Great Britain, but the Weather not inviting to Sail, the Owners of the Ship Ann, Capt. Finch Master (bound for Great Britain) got the said Ship ready with all possible dispatch, and ordering her yesterday from this Harbour to Nantascot, waited on His Excellency and prayed Him to take his passage on board her, which His Excellency kindly accepted, and Sails the first Wind, designing (by GOD’s permission) to return to Us Early the next Fall (p. 2/2).253

    On the Departure of Governor Shute on January 1, 1723,254 the government devolved upon Lieutenant-Governor Dummer; and on January 2 —

    His Honour William Dummer Esqr Lt Govr having the Government devolved upon him by the Absence of His Excellency Samuel Shute Esqr Was Sworn to a faithfull discharge of his office of Lieut Govr & Commandr in Cheif of this his Majesties Province, and likewise took an Oath, that he would do the Utmost in his Power, That all & every the Clauses Matters & things, Contained, in an Act pass’d the Twelfth Year of King Charles the Second Entituled an Act, for the Encouraging & Increasing Shipping and Navigation, & in all other Acts since made & now in force, Relating to this Colony or Plantation, & more particularly in an Act made & pass’d in the Seventh & Eighth Year of King William the third, Entituled An Act for preventing Frauds and Regulating Abuses in the Plantation trade be punctually & Bona fide Observed according to the true Intent & Meaning thereof.255

    Lieutenant-Governor Dummer was Acting Governor from January 2, 1723, to July 19, 1728;256 for, in spite of frequent rumors257 of his intended return, Shute never came back.

    William Burnet was commissioned Governor by George II on March 7, 1728. He reached Boston July 19 and was sworn the same day:

    This Day his Excellency William Burnet Esqr arrived at Boston, . . . And His Excellency being come to the council Chamber the Doors were set open And Proclamation was made that all Persons keep silence whilst His Majesty’s Commission is in reading. And then the Attorney General with an audible voice and258 His Majestys Commission or Letters Patent, bearing date at Westminster the seventh day of March in the first year of His Majestys Reign constituting & appointing His Excy William Burnet Esqr Captn Genl & Governour in Cheif in and over His Majestys Province of ye Massachusetts Bay, after which the Secretary in ye presence of ye Lieut. Governour administered to His Excellcy the Oaths appointed to be taken instead of the Oaths of Allegiance & Supremacy & he repeated & subscribed the Test or Declaration contained in the said Act, together with ye Oath of Abjuration as also an oath for the true and faithful discharge of his sd Office of Captain General &c.259

    On August 12, 1728, —

    This Day His Majestys Commission bearing date the 14th day of March in the first year of His Majestys Reign, appointing His Excellency Wm Burnet Esqr Vice Admiral of ye Provinces of the Massachusetts Bay & New Hampshire & ye Colony of Rhode Island was published in Council the Doors being opened.

    And the Secretary directed to record it.260

    Burnet was Governor from July 19, 1728, to his death on September 7, 1729,261 when the government again devolved upon Lieutenant-Governor Dummer. On September 10 the following proceedings took place in Council:

    The Government of this Province being by the death of His Excellency William Burnet Esqr late Governour deceasd devolved upon the Honble William Dummer Esqr Lieutt Governour, as Commander in Chief, His Honor did this day before His Majestys Council, take the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance & Supremacy repeated and subscribed the Test or Declaration in the said Act contained together with the Oath of Abjuration & took an Oath for the faithful discharge of his office of Lieutt Governor & Commander in Chief of this Province — His Honour likewise took an Oath that he would do the utmost in his power, that all and every the clauses matters & things containd in an Act of Parliamt passed in the twelfth year of the Reign of King Charles the second, entituled, “An Act for the encouraging & encreasing of Shipping & Navigation & in all other Acts since made & now in force relating to this Colony or Plantation more particularly in an act made & passed in ye seventh and eighth years of the Reign of King William the third Entituled an Act for preventing of Frauds and regulating abuses in the Plantation Trade, be punctualling262 & Bona Fide observed according to the true intent & meaning thereof.263

    Dummer remained Acting Governor from September 10, 1729, to June 11, 1730, when he was superseded by Lieutenant-Governor Tailer, who was sworn June 11, 1730:

    The Honble Wm Tailer Esqr having received His Majestys Commission bearing date at St. James’s the fifteenth day of April 1730, appointing him Lieutt Governor of this His Majestys Province of the Massachusetts Bay in the room of the Honble Wm Dummer Esqr Which being laid before the Members of His Majestys Council, they together with ye Gentlemen that had been of the Council, His Majesty’s Justices of the Peace, the officers of ye Militia & other Officers & Gentlemen attended His Honour from the House of Col° Nathanl Byfield to the Council Chamber, And the door being set open and Proclamation made that all Persons keep silence, His Majestys sd Com̄issn was publickly read; And the sd Willm Tailer Esqr in the presence of His Majestys Council took ye oaths appointed by act of Parliamt to be taken instead of the oaths of Allegiance & Supremacy, Repeated & Subscribed the Test or Declaration in the said Act, together with the Oath of Abjuration and took an Oath for the faithful discharge of the said Office of Lieutenant Governour.

    His Honour likewise took an oath that he would do the utmost in his power, that all and every the clauses matters & things contained in an Act of Parliamt passd in the twelfth year of the reign of King Charles the second, entituled An Act for encouraging & increasing shipping & navigation & in all Acts since made & now in force relating to this Colony or Plantation, more particularly in an Act made and pass’d in the seventh & eighth years of King William the third entituled, An Act for preventing of Frauds & regulating of Abuses in ye Plantation Trade be punctually and bone fide observed according to the true intent and meang thereof.264

    Tailer was Acting Governor from June 11 to August 10, 1730.

    Jonathan Belcher was commissioned Governor by George II on January 28, 1730. He reached Boston Harbor August 8,265 and on August 10 the following proceedings took place in Council:

    The Signal being given at the Castle on Saturday Evening last that His Excellency Jona Belcher Esqr was arrived at the entrance of Boston Harbour, divers Gentlemen . . . waited on him on Board . . . the Blanford, and this morning . . . attended His Excellency on board . . . said ship . . .

    His Excellency with the other Gentlemen being entered the Council Chamber & the Doors set open, Proclamation was made that all Persons keep silence while His Majestys Commissions are in reading.

    And then the Secretary with an audible voice read His Majestys Commission or Letters Patents bearing date at Westminster the 1730     appointing His Excellency Jonathan Belcher Esqr Captain Genl & Govr in Chief in and over His Majestys Province of the Massachusetts Bay, as also His Majestys Commission dated in London the     1730, appointing His said Excellency Vice Admiral of the sd Province of the Massachusetts Bay & New Hampshire.

    His Excellency thereupon took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance & Supremacy, repeated & subscribed the Test or Declaration in the said Act together with the Oath of Abjuration, & took an Oath for the true and faithfull discharge of his said Office of Captn General and Govr in Chief of the sd Province of the Massachusetts Bay.

    His Excellency likewise took an oath that he would do the utmost in his power that all & every the clauses matters & things contained in an Act of Parliamt pass’d in the twelfth year of King Charles the second, entituled an Act for encouraging and increasing shipping & navigation & in all other Acts since made and now in force relating to this Colony or Plantation, more particularly in an act made and passed in the seventh & eighth years of the reign of King William the third entituled An Act for preventg of frauds & regulating of abuses in the Plantation Trade be punctually & Bonâ Fide observed accordg. to the true intent & meaning thereof. which Oaths were taken in the presence of ye Honble ye Lieutt Govr & Council.266

    Belcher was Governor from August 10, 1730, to August 14, 1741.

    William Shirley was commissioned Governor by George II on May 25, 1741. The following extract is taken from the Boston News Letter of August 13:

    This Morning Capt. Tyng, in our Province Snow, return’d hither from a Cruize; Yesterday Evening he came up with the Mast-Ship, Capt. Noble, off of Boon-Island, bound in to Piscataqua: The said Ship having on board His Majesty’s Royal Commission constituting and appointing the Hon. William Shirley, Esq; Captain General and Governour in and over this Province, the said Commission was put on board Capt. Tyng, by whom it was brought hither. And we hear it will be publickly open’d to-morrow, when the Militia of this Town are to be under Arms: And Preparations are making for celebrating the Day in a loyal manner, suitable to the high Occasion (p. 2/2).

    On August 14 the following proceedings took place in Council:

    Memorandum — Upon Thursday the thirteenth of August 1741, His Majestys Com̄ission appointing William Shirley Esqr Captain General and Governor in Chief of the Province of the Massachusetts Bay being arrived from Great Britain, And

    Fryday the 14th of said month being appointed for the Publication thereof — About eleven aclock in the Fore Noon, he was attended at his own house in Boston by the Members of both Houses of Assembly, His Majestys Justices and a number of other Officers and gentlemen, and with them he went a foot towards the Court House, the Town Regiment of Militia and the Troop of Guards being drawn up between the Province House and the Court House, And as he passed by the Gate to the Province House, His Excellcy Jona Belcher Esqr & the Honble Spencer Phips Esqr the Lieutt Governor joined him, and they walked together, attended by the Members of both Houses, Officers and Gentlemen, as above mentioned, to the Court House, the Regiment and Troop of Guards saluting the new appointed Governor as he pass’d, and being entered into the Council Chamber,

    At a Council there held upon Fryday the 14th of August 1741.

    Present

    His Excellcy Jona Belcher Esqr Govr

    The Honble Spencer Phips Esqr Lt. Govr

    The Doors were set open; And Proclamatn was made that all Persons keep silence while His Majestys Commission is in Reading;

    And then the Secretary with an audible voice, read His Majestys Commission or Letters Patent bearing date at Westminster the 25th day of May 1741. appointing His Excellcy William Shirley Esqr Captain General and Govr in Chief in and over His Majestys Province of the Massachusetts Bay.

    Present in Council.

    His Excellcy William Shirley Esqr Governor

    The Honble the Lieutt Govr

    His Excellcys Commission being read as above mentioned, he took the Oaths appointed to be taken by an act pass’d in the first year of His late Majestys Reign, entituled an Act for ye further Security of His Majestys Person and Government & the succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishg the Hopes of the pretended Prince of Wales & his open and secret Abettors; And he also made & subscribed the Declaration mentioned in an Act of Parliament made in ye     year of the Reign of King Charles the Second, entitled An Act for preventing dangers whch may happen from Popish Recusants; and likewise took an Oath for the due execution of the Office and trust of His Majestys Captain General & Governor in Chief in and over the said Province, as well with regard to the due administration of Justice as otherwise, And His Excellcy likewise took an oath that he would do ye utmost in his Power that all and every the clauses, mattrs, and things contained in an act of Parliamt passed in the twelfth year of the Reign of King Charles ye Second, entitled An Act for encouraging & increasing shipping and Navigation & in all other Acts since made and now in force relating to this Colony or Plantation, more particularly in an Act made and pass’d in the seventh and eighth years of the Reign of King William ye Third, entitled An Act for preventing of Frauds and regulating of abuses in the Plantation Trade, be punctually and Bonâ Fide observed, according to the true intent and meaning thereof; Which Oaths were taken in the Presence of the Honble the Lieutt Governor and Council.

    And then His Excellcy with the Advice of ye Council issued a Proclamation for the continuance of all Officers Civil and Military in the exercise of their respective Offices until further Order.

    Which Proclamation was published out of the Balcony of the Council Chamber, & was followed with the discharge of the Cannon at the Castles, Batteries and Ships, & Volleys from the Regiment & Troop of Guards under arms:

    After which His Escellcy dined in Publick wth the late Governor, Lieutt Govr and Council, and the other Officers and Gentlemen, An Entertainmt having been provided by order of the Governmt267

    Upon the departure of Governor Shirley for England on September 11, 1749, the government devolved on Lieutenant-Governor Spencer Phips; and on September 15 —

    His Excellency William Shirley Esqr Captain General & Governour in Chief of his268 Province, having on Monday last Embarked for Great Britain, & the Administration of the Government thereupon devolving upon the Honble Spencer Phips Esqr as Lieutent Governour & Commander in Chief in the Governour’s Absence.

    His Honour this Day in the presence of his Majesty’s Council, took the Oaths appointed by Act of Parliamt to be taken instead of the Oaths of Allegiance & Supremacy, repeated & subscribed the Test or Declaration in the said Act contain’d, together with the Oath of Abjuration, & took an Oath for the faithful Discharge of his Office of Lieutent Governour & Commander in Chief of this Province, And also took an Oath that he would do the utmost in his Power, that all & every the Clauses, Matters & Things contained in Act of Parliament pass’d in the twelfth Year of the Reign of King Charles the second, entitled an Act for the encouraging & increasing Shipping & Navigation, & in all others Acts since made & now in Force relating to the Colony & Plantation, & more particularly, An Act pass’d in the seventh & eighth Year of the Reign of King William the Third, entitled an Act for preventing Frauds & regulating Abuses in the Plantations, be punctually & bonâ Fide observed, according to the true Intent & Meaning thereof.269

    Phips was Acting Governor from September 15, 1749, to August 7, 1753, when Governor Shirley returned.270 Having been recalled to England, Shirley left Boston on September 25, 1756, and never came back as Governor. The following extract is taken from the Boston Gazette of September 27, 1756:

    Last Saturday at 12 o’Clock, his Excellency William Shirley, Esq; went from the Council Chamber to the End of the Long Wharfe, where the Castle Barge was waiting to receive him — His Excellency preceeded by the Company of Cadets, and the Officers of the Militia, and followed by such of the Gentlemen of the Council and House as were then in Town, together with a Number of Gentlemen of Distinction — After receiving the Compliments of the Company, the Barge put off from the Wharfe, when He was saluted by a Discharge of the Guns of the several Batteries in this Town and Charlestown, and with the Castle Guns as he past by it; and in a short Time the Barge was along Side of the Mermaid Man of War, in which His Excellency embarks for England. A fair Wind offer’d for her Sailing Yesterday, but we cannot yet presume to determine when she will Sail, having been so often out in Times past on that Head (p. 2/1).271

    Once more the government devolved on Lieutenant-Governor Phips, who remained Acting Governor from September 25, 1756, to his death on April 4, 1757.272

    By the death of Phips the government, for the third and last time in the history of the Province, devolved upon the Council. On April 5 the Council took the following action:

    Whereas it hath pleased God in his holy Providence to remove the Honourable Spencer Phips Esqr late Lieutenant Governour and Commander in chief of this Province, by Death, & thereupon the Administration of this Government is devolved on his Majesty’s Council in virtue of the Royal Charter —

    The Council issued a Proclamation for establishing all Military Officers in their posts until further Order.273

    The proclamation thus issued was as follows, copied from the Boston Evening Post of April 11, 1757 (p. 1/2):

    Province of the Massachusetts-Bay.

    By the Honourable

    His Majesty’s Council for the Province aforesaid.

    A PROCLAMATION.

    WHEREAS it hath pleased GOD in his holy Providence to remove the Honourable SPENCER PHIPS, Esq; late Lieutenant Governour and Commander in Chief of said Province, by Death; and thereupon the administration of this Government is devolved on His Majesty’s Council in Virtue of the Royal Charter;

    WE have therefore thought fit (in Council) to issue this Proclamation; hereby establishing all military Commissions heretofore issued by Lawful Authority, and which have at no Time since been revoked or superceded; and they are hereby established and confirmed to all Intents and Purposes, until further Order; and all Persons commissioned as aforesaid, and all others concern’d, are to govern themselves accordingly.

    Given under our Hands at the Council-Chamber in Boston, the fifth Day of April 1757, in the Thirtieth Year of the Reign of our Sovereign Lord GEORGE the Second, by the Grace of GOD, of Great-Britain, France and Ireland, KING, Defender of the Faith, &c.

       

    Wm. Pepperrell

    By Order of the Council,

     

    J. Osborne

    A. Oliver, Secr.

    Tho. Hutchinson

    Jacob Wendell

     

    Stephen Sewall

    Benja. Lynde

     

    Joseph Pynchon

    S. Danforth

     

    Isaac Royall

    Sam. Watts

     

    Benja. Lincoln

    John Hill

     

    John Erving

    J. Chandler

     

    Rich. Cutt

    James Minot

     

    Wm. Brattle.

    John Otis

       

    A. Oliver

    GOD Save the KING.

    On April 8 the Council wrote the following letter:

    Boston 8th April 1757

    May it Please Your Lordships

    It is our duty to take the earliest opportunity to advise your Lordships of the Death of the Honble Spencer Phips Esqr Lieutenant Governour of the Province who died the 4 Instant

    The Governour being at this time out of the Province, a greater share of the Government is now devolved on the Council. We are very sensible that his Majestys Service requires the utmost attention at this important Juncture; and we shall apply ourselves to discharge the duties of your Trust with an answerable Zeal and Diligence

    We have the Honour to be with very great Respect

    Your Lordships

    Most obedient and most humble servants

    John Chandler

    Richard Cutt

    Ezekiel Cheever

    John Osborne

    Andrew Oliver

    Jacob Wendell

    Joseph Pynchon

    Benjamin Lynde

    John Otis

    John Cushing

    Thomas Hutchinson

    Daniel Russell

    Stephen Sewall

    Samuel Watts

    Benjamin Lincoln

    John Hill

    John Erving

     

    The Right Honble the Lords Commissioners for Trade and the Plantations274

    The Council administered the government from April 5 to August 3, 1757.

    Thomas Pownall was commissioned Governor by George II on February 25, 1757. He reached Boston Harbor August 2,275 and came to Boston and was sworn on August 3:

    This Day his Excellency Thomas Pownall Esqr Arrived in the province with his Majesty’s Royal Commission appointing him Captain General and Governour in chief of the said Province; And another Commission appointing him Vice Admiral of the same, which were duly published in the Council Chamber; After which his Excellency took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy repeated & subscribed the Test or Declaration in the said Act contained, together with the Oath of Abjuration, An Oath to do his utmost to Observe and cause to be Observed the several Acts of Parliament now in Force for regulating Trade in the plantations, and an Oath for the due and faithful performance of his Offices.276

    Pownall was Governor from August 3, 1757, to June 3, 1760, on which day the following proceedings took place in the House:

    THE Committee appointed to prepare a Resolve respecting the attending his Excellency, upon his Departure, Reported.

    Resolve relative to his Excellency’s Departure, &c.

    Read and accepted, and the following Resolve passed, viz.

    Whereas the two Houses are informed that his Excellency Governor Pownall, designs this Day to embark for Great Britain:

    Resolved, That as a Testimony of their Respect to his Excellency upon his Departure, they wait upon him from the Court-House to the End of the Long Wharffe, and take Leave of him there.

    Resolved also, That the Gentlemen of both Houses wait upon his Honour the Lieutenant Governour, upon his Return to the Court House, in order to take the Chair of Government.

    Sent up for Concurrence by Col. Clap, Col. Williams, Col. Jones, Mr. Stone, and Col. Waldo.277 . . .

    Mr. Speaker278 and the House, agreable to the Resolve of this Morning, waited upon his Excellency Governor Pownall, to the End of the Long Wharffe and after Leave taken —

    The House attend his Excellency Governor Pownall, &c.

    Mr. Speaker and the House attended his Honour the Lieut. Governour to the Chair.

    Who was pleased to make a SPEECH to both Houses: of which Mr. Speaker obtain’d a Copy: And then with the House returned to their own Chamber.

    His Honour’s SPEECH to both Houses, is as follows, viz.

    Gentlemen of the Council, and House of Representatives,

    “HIS Excellency Governor Pownall, having embarked for Great-Britain, and the Administration being devolved upon me, by virtue of his Majesty’s Commission for Lieut. Governor, I shall endeavour to improve what Opportunity may be allowed me, in promoting his Majesty’s Service and the Interest of the Province:279 . . .

    Lieutenant-Governor Hutchinson was Acting Governor from June 3 to August 2, 1760.

    Francis Bernard was commissioned Governor by George II on January 14, 1760; and was again commissioned Governor by George III on April 4, 1761.280 He reached Boston August 2, 1760, on which day he was sworn:

    Province of the Massachusetts Bay Augt 2. 1760

    His Excelly Francis Bernard Esqȝ took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, repeated & Subscribed the Test or Declaration therein Contained together with the Oath of Abjuration, and an Oath for the due Observance of the several Laws and Statutes now in force for the regulating Trade & navigation in America, likewise the Oath for the due and faithful performance of his Duty in the respective offices to which he is appointed. Which Oaths were administred by the Lieut Govr Before his Majesty’s Council and the House of Representatives

    Attest A Oliver Secy281

    Bernard was Governor from August 2, 1760,282 to August 1, 1769. The Boston Evening Post of August 7, 1769, said:

    On Monday last His Excellency Governor Bernard left his Seat at Roxbury and went to Castle William. The next Morning about Nine o’Clock he embarked on board His Majesty’s Ship Rippon, then lying in King-Road. The Wind being fair the Ship came the283 sail, but soon after the Wind shifting to the East, she anchored again a Mile or two below her former Moorings, where she lay till Friday Morning, when she came to sail again and went out with a fair Wind (p. 3/1).284

    With the departure of Governor Bernard, the government again devolved upon Lieutenant-Governor Hutchinson; and on August 2 —

    His Excellency Sir Francis Bernard Bart Governor of this Province having embarked for Great Britain, His Honor the Lieutenant Governor came into the Council Chamber, and in the presence of the Council took the Oaths appointed by Act of Parliament to be taken, instead of the Oaths of Allegiance & Supremacy, repeated and subscribed the Test or Declaration therein contained, together with the Oath of Abjuration, as also an Oath that he would do his utmost that all clauses matters and things contained in the Acts of Parliament passed as well since as before the enacting of the Act of the 7th and 8th of William the Third and at this time in force, relating to the Colonies and Plantations, and that all and every the clauses contained in the said Act intitled “An Act for preventing Frauds and regulating Abuses in the Plantation Trade” be punctually and bona fide observed, according to the true intent and meaning thereof: And that he would faithfully perform the duties of his Office of Commander in chief of said Province, according to the; best of his judgment and skill. After which His Honor took the chair.285

    Hutchinson was Acting Governor from August 2, 1769, to March 14, 1771, when he became actual Governor.

    Thomas Hutchinson was commissioned Governor by George III on November 28, 1770. On March 11, 1771, —

    The Lieutenant Governor acquainted the Board that he had received His Majesty’s Commission, appointing him Captain General and Commander in Chief of the Province, and had received orders therwith to cause his Commission to be published in the usual form. That it had been usual on such occasions to have the Regiment of the Town of Boston in Arms, but that as the Streets are at this time full of Snow and water, he thinks it would be very inconvenient to assemble such a body of men, as their health must be much exposed by being so long on foot in the Streets at such a time. He therefore thought it would be sufficient to be attended only by the Troop of Guards and a Company made up of Non-Commissioned Officers of the Regiment, together with a Detachment of the Train of Artillery, which under the present circumstances, he apprehended might answer all the purposes of a Military appearance on this occasion: — Upon which the Board expressed their intire approbation of the proposal, and His Honor signified that he should give orders accordingly.

    His Honor likewise proposed that instead of having a Publick Dinner on the day when the Commission should be opened, there should be the usual preparation made as when the King’s health is drank, in the Council Chamber, for entertaining the Company that may be then present. To which His Majesty’s Council did Advise and Consent. And further Advised, that Thursday next, be appointed for observing the Ceremony aforesaid.286

    Accordingly, on March 14 Hutchinson was sworn:

    Province of the Massachusetts Bay March 14. 1771.

    His Excellency Thomas Hutchinson Esqr having published his Comn from his present Majesty to be Captain General and Governor in Chief of his Province of Massa Bay, took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, repeated and subscribed the Test or declaration therein contained together with the Oath of Abjuration; and an Oath that he would do his utmost that all the Clauses, matters and things contained in the Acts of Parliament passed as well since as before the enacting of the Act of the 7 and 8 of William the third and at this time in force relating to the Colonies & Plantations, and that all and every the Clauses contained in the said Act intituled “An Act for preventing frauds and regulating the abuses in the Plantation Trade” be punctually and bona fide observed according to the true intent and meaning thereof: and that he would faithfully perform the duties of the office of Captain General and Governor in Chief of the Province aforesaid according to the best of his Judgment and skill;

    Before us

    S Danforth

    Members of his

    Jn° Erving

     

    Majesty’s Council287

    William Brattle

       

    Hutchinson was Governor from March 14, 1771, to May 17, 1774.288

    Thomas Gage was commissioned Governor by George III on April 7, 1774. He reached Boston May 13,289 and on May 14 —

    His Excellency the Governor introduced the Council to General Gage, who arrived from England the preceding day, and acquainted them that His Majesty had been pleased to appoint him Captain General and Governor in Chief of the Province, & that the General proposed to open his Commission as soon as might be. Whereupon they Advised that the Commission be published at the Council Chamber in Boston, on Tuesday the 17th Instant, and that His Excellency the Governor order the Regiment of the Militia of the Town, the Company of Cadets, and the Troop of Horse Guards to appear in arms: — that a public dinner be provided and a list of the Company proposed to be invited to dine on this occasion, be prepared for his approbation: and the Councellors present were appointed a Committee to see that suitable provision be made accordingly.290

    Accordingly, Gage was sworn on May 17:

    Province of Massachusetts Bay Boston May 17th 1774

    His Excellency Thomas Gage Esqr having published his Commission from his present Majesty, to be Captain General and Commander in Chief of the Province aforesaid, took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and supremacy, repeated and subscribed the Test or declaration therein contained together with the Oath of Abjuration, and an Oath that he would do his utmost that all the clauses, matters and things contained in the Acts of Parliament passed as well since as before the enacting of the 7 & 8 of William the third and at this time in force relating to the Colonies and plantations, and that all and every the clauses contained in the said Act intitled “An Act for preventing frauds and regulating the abuses in the plantation Trade,” be punctually and bona fide observed according to the true intent and meaning thereof. And that he would faithfully perform the duties of his office of Captain General and Governor in Chief of the Province aforesaid according to the best of his Judgment and skill

    Before us

    Samuel Danforth

    Members of his Majesty’s Council291

    John Erving

       

    James Bowdoin

       

    General Gage, the last Royal Governor, left Boston on October 10, 1775.292

    Lieutenant-Governors

    William Stoughton was commissioned Lieutenant-Governor by William and Mary, doubtless late in 1691, though the exact date is not known. On May 16, 1692, —

    His Majties Commission, Constituting & appointing William Stoughton Esqr to be their Majties Lieutenant Governour of the Massachusetts Bay, and their Deputy Lieutenant of the Militia within their whole Territory and Dominion of New England in America, was read and published. . . .

    William Stoughton Esqre Lieut Govr tooke his Oath for the due and faithfull performance of his Office or place of Lieutenant or Deputy Governour & the Oaths appointed by said Act of Parliament made in the first year of their present Majties Reign, to be taken instead of the Oaths of Allegiance and Supremacy — Before his Excellency the Governour.293

    Stoughton was Lieutenant-Governor from May 16, 1692, to his death on July 7, 1701.294 He was Acting Governor from December 4, 1694, to May 26, 1699; and again from July 22, 1700, to July 7, 1701.295

    Thomas Povey296 was commissioned Lieutenant-Governor by Anne on April 11, 1702. He reached Boston June 11 and took office the same day:

    Then Her Majty’s Royal Commission of the eleventh of April past, constituting and appointing the Honble Thomas Povey Esqre Captn in her Majty’s own Regiment of Foot Guards to be Lieutt Govr of the Province & Territoryes of the Massachusets Bay was read and published, and he tooke the Oaths aforesd appointed to be taken instead of the oaths of allegiance and Supremacy unto her present Majty and repeated and subscribed the Declaratn.297

    His last appearance at the Council was on January 28, 1706, when —

    His Excy acquainting the Council, that his honour the Lt Govr had obtained leave to return into England. And that he designed to rake passage by the way of Lisboa, upon a ship at Piscataqua, near ready to saile thither.

    Advised and Consented. That a Warrant be made out to the Treasurer298 to pay the sum of twenty five pounds to the sd Thomas Povey Esqre for three Months service as Commander of her Majty’s Castle William, commencing from the Thirty first of October last past to which time the Muster Rolls of that Garrison were last made up and pass’d.299

    The exact date of Povey’s departure is not known, but it was doubtless within a few days after the announcement of his going away.300

    William Tailer301 was commissioned Lieutenant-Governor by Anne in 1711, but the precise date is not known. He reached Boston October 3, and was sworn October 4th:

    Her Majestys Commission constituting the Honble William Tailer Esqre Lieut Governor of this Province who arrived from Great Britain the last night was opened & read arid his Honor took the Oath appointed by the Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy repeated and subscribed the Declaration.302

    Tailer was commissioned Lieutenant-Governor by George I on April 28, 1715, and took the oaths on September 24th:

    A Commission to William Tailer Esqr from His Majesty King George, dated the 28th of April for Lieutt Govr & a Commission to Samuel Woodward Esqr for Secretary of this Province were severally read at the Board.

    The Honble William Tailer Esqr Lt. Govr and Samuel Woodward Esqr Secretary severally took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance & Supremacy repeated & subscribed the Test or Declaration, took the Oath of Abjuration & an oath for the faithfull discharge of their respective offices.303

    Upon reading this Commission, Tailer propounded to the Council whether it did not make him Acting Governor, but the Council unanimously decided in the negative.304 When, however, an Exemplification of Burges’s Commission as Governor reached Boston on November 9, Tailer’s Commission was again read in Council and he became Acting Governor.305

    Tailer was commissioned Lieutenant-Governor by George II on April 15, 1730, and took the oaths June 11.306

    Tailer was Lieutenant-Governor from October 4, 1711, to October 5, 1716; and from June 11, 1730, to his death on March 1, 1732.307 He was Acting Governor from November 9, 1715, to October 5, 1716; and again from June 11 to August 10, 1730.308

    William Dummer was commissioned Lieutenant-Governor by George I in 1716, but the exact date is unknown.309 He was sworn October 5.310

    Dummer was commissioned Lieutenant-Governor by George II on October 17, 1727, and was sworn on May 19, 1728:

    The Honble Wm Dummer Esqr having recd His Majestys Commission, bearing date ye 17th Octr 1727, continuing him Lieutt Governour of this His Majestys Province of ye Massachusetts Bay, ye same was published at the Board, and then His Honour took the Oaths appointed by act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, repeated & subscribed the Test or Declaratn together with the Oath of Abjuration & took an oath for the true & faithfull discharge of his said Office, as also the usual oath to take due care that ye severl Acts referring to Navigation be observed.311

    Dummer was Lieutenant-Governor from October 5, 1716, to June 11, 1730. He was Acting Governor from January 2, 1723, to July 19, 1728; and again from September 10, 1729, to June 11, 1730.312

    Spencer Phips313 was commissioned Lieutenant-Governor by George II on April 29, 1732, and was sworn August 8:

    The Honble Spencer Phipps Esqr having received his Majesty’s Commission bearing date at St James’s the twenty ninth day of April 1732 appointing him Lieutenant Governour of this Province in the room of the late Honble William Taylor Decd his Excellency ordered the same to be this day published in Council. Which was done in the manner following.

    The Drums beat and the Trumpets sounded about the Court House, and the Doors of the Council Chamber being set open, the Justices and Military Officers and other Gentlemen attended and the Commission was publicly read at the Board; and then His Honour took the oaths appointed by Act of Parliament to be taken instead of the oaths of allegiance and Supremacy, repeated & subscribed the Test or Declaration and the Oath of abjuration, and took an oath for the faithfull discharge of his said Office of Lieutt Governour.314

    Phips was Lieutenant-Governor from August 8, 1732, to his death on April 4, 1757.315 He was Acting Governor from September 15, 1749, to August 7, 1753; and again from September 25, 1756, to April 4, 1757.316

    Thomas Hutchinson was commissioned Lieutenant-Governor by George II on February 10, 1758, and was sworn on June 1st.317 The following extract is from the Boston Gazette of June 5th:

    Thursday last, a Commission appointing the Hon. Thomas Hutchinson Esq; Lieutenant-Governour of the Province of the Massachusetts-Bay, was publickly read at the Council-Chamber, before his Excellency the Governor, the Honourable his Majesty’s Council, and the Honourable House of Representatives.

    As was also, at the same Time and Place, a Commission appointing the Hon. Andrew Oliver, Esq; Secretary of said Province (p. 3/1).

    Hutchinson was commissioned Lieutenant-Governor by George III on March 13, 1761, and was sworn November 26:

    Prov: of Massa Bay Novr 26: 1761

    Thomas Hutchinson Esqr appointed by his Majesty to be Lieutenant Governor, and Andrew Oliver Esqr appointed to be Secretary of the Province aforesaid severally took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy repeated and Subscribed the Test or declaration therein contained together with the Oath of Abjuration and an Oath that they would respectively faithfully perform the Duties of the respective offices to which they are appointed as aforesaid according to the best of their Skill and Judgment.

    before me

    Fra Bernard318

    Hutchinson was Lieutenant-Governor from June 1, 1758, to March 14, 1771. He was Acting Governor from June 3 to August 2, 1760; and again from August 2, 1769, to March 14, 1771.319

    Andrew Oliver was commissioned Lieutenant-Governor by George III on October 19, 1770, and was sworn March 14, 1771:

    Province of Massa Bay March 14. 1771

    Andrew Oliver Esqr appointed Lieutenant Governor of the Province aforesaid, took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, repeated and subscribed the Test or declaration therein contained together with the Oath of Abjuration, and also an oath that he would faithfully perform the duties of the office aforesaid according to the best of his skill & Judgment

    Before

    T. Hutchinson320

    Andrew Oliver was Lieutenant-Governor from March 14, 1771, to his death on March 3, 1774.321

    Thomas Oliver was commissioned Lieutenant-Governor by George III on May 28, 1774.322 He was sworn August 8, as appears from the following extract taken from the Boston Evening Post of August 15 (p. 3/1):

    Province of Massachusetts-Bay, Salem, August 8, 1774.

    HIS Majesty having been pleased to appoint the Hon. Thomas Oliver, Esq; to be Lieutenant Governor of this Province; his Honor’s Commission was accordingly this Day published in the Council Chamber, and the several Oaths administred to him, by his Excellency the Governor.323 After which the following Gentlemen took the Oaths necessary to qualify themselves for a Seat in the Council, being appointed by Mandamus from his Majesty.

    Hon. Thomas Oliver, Esq; Lieut. Governor.

    Thomas Flucker, Esq;

    William Brown, Esq;

    Foster Hutchinson, Esq;

    James Boutineau, Esq;

    Harrison Gray, Esq;

    Joshua Loring, Esq;

    Joseph Lee, Esq;

    William Pepperrell, Esq;

    Isaac Winslow, Esq;

    John Erving, jun. Esq;

    Thomas Oliver was the last Royal Lieutenant-Governor, and retired to Halifax when the British fleet left Boston in March, 1776.324

    Secretaries

    In the Province Charter it was provided that “there shall be one Governour One Leivtent or Deputy Governour and One Secretary of Our said Province or Territory to be from time to time appointed and Commissionated by Vs Our Heires and Successors,” and “Wee doe further by these presents Constitute and appoint Our Trusty and Welbeloved Isaac Addington Esquier to be Our first and present Secretary of Our said Province during Our Pleasure.”325 Of those three officials, Isaac Addington was the only one to be mentioned by name in the Charter. The facts that he was so named, that no copy of his Commission is extant, and that his Commission was not read when the Province government was inaugurated on May 16, 1692, have apparently given rise to the notion that no Commission was issued to him. It is obvious, however, that Addington must have received a commission from William and Mary; and if proof of this statement were needed, it is furnished by the following Instructions issued to him on December 11, 1691:

    To the Secretary of the Massachusetts Bay for Quarterly Accounts

    After Our hearty Commendations His Majesty having been Graciously pleased, by his Letters Patents under the Great Seal of England, to Grant unto you the Office and Place of Secretary of their Majesties Province of the Massachusetts Bay in New England. These are in his Majesties name and by his Majesties Express Commands, to direct and require you and the Secretary of Their Majesties said Province for the time being, to send unto Us a particular Account of all things that shall pass or be Transacted within Your said Office of Secretary. And Coppies of all such Laws Acts of Governmt and Publick Orders as shall be made from time to time, together with Copies of the Journals of ye Councill and of all such papers as are or ought to be Entred and Register’d in your said Office, to the end We whom his Majesty hath appointed a Committee of his Privy Councill for Trade and Forreign Plantation, may be the better Enabled to perform the duty incumbent on Us, which Accounts and Copies are to be Transmitted by you unto Us Quarterly, or at such times in the Year as any Oppertunity shall Offer, as also Duplicates thereof, by the next succeeding Conveyance.

    And that you and others whom it may Concern may at all times give due Obedience hereunto, you are to make an Entry of this Our Letter in the Books belonging to the said Office of Secretary. Whereof yon are not to fail. And so We bid you farewell from the Councill Chamber at Whitehall this Eleventh day of December 1691.

    Your loving Friends

    Carmarthen Presidt

    John Lowther

    H: Powle

    H. Goodrick

    To Our Loving Friend

    Isaac Addington Esqr Secretary of Their Majts Province of the Massachusetts Bay in New England in America.326

    Hence Addington must have been commissioned on or before December 11, 1691. On May 16, 1692, —

    Isaac Addington Secretary tooke his Oath for the due and faithful performance of his Office or place of Secretary, and the Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy; before the Govr and Lt Governour.327

    It is noteworthy that on the accession of Anne in 1702, no new Commission was issued to Addington; and perhaps this is explained by the fact that Addington was named in the Charter itself. In the controversy that took place early in 1715 as to who should administer the government,328 on a motion put by Addington himself on February 4th, “The Council declared their opinion that the Secretarys Commission remained in force, having been so accepted during all the last reign & ordered him to countersign the Proclamatn and the said Proclamation was then published by beat of Drum sent to the Press & ordered to be dispersed into the several parts.”329

    Addington was Secretary from May 16, 1692, until his death on March 19, 1715.330

    Governor Dudley having reassumed the government on March 21, 1715, on March 26th —

    The Governour acquainted the Council that he was purposed to give order to Addington Davenport & Paul Dudley Esqrs to take care of the Seals and the office of the Secretary Isaac Addington Esqr lately deceased until His Majestys pleasure be known therein.331

    The order appointing Addington Davenport and Paul Dudley, also dated March 26, 1715, is as follows:

    Province of the Massachusetts Bay By His Excellency Joseph Dudley Esqr Captain General and Governor in Chief in and over His Majesty’s Province of the Massachusetts Bay in New England

    By Virtue of Her late Majesty’s Commission for the Government of this Province, and the further Continuance thereof by His present Majesty’s Most Gracious Proclamation to me Directed I do hereby appoint and Direct Addington Davenport Esqr and Paul Dudley Esqr Com̄issioners to keep His Majesty’s Seal of this Province under two locks each of them a key, and to put the Seal to all such Instruments of Publick or other Concern by Warrant under my hand, and no other, upon any pretence whatsoever And they shall further forthwith by the Service and Assistance of Joseph Hiller sworn Clerk of the Council, make out and draw forth a particular Accompt of all Books of Record and minute Books files and Records Utensills and other things belonging & appertaining to His Majesty’s Secretarys Office late in the hands and possession of the Honourable Isaac Addington Esqr deceased, and shew the said Accompt to the Governour and Council as soon as may be And this Order to continue until His Majesty’s Pleasure may arrive, or other Order taken therein

    Given under my hand and Seal at Boston this Twenty sixth day of March Anno Domini 1715 And in the first year of the Reign of Our Sovereign Lord King George over Great Britain &c

    J Dudley

    Boston 29th of March 1715

    The above named A: Davenport, P: Dudley Esqrs and J Hiller Gent were sworne to the faithfull Discharge of the Trust Committed to thē respectively in Pursuance of the Warrant above written

    before me

    J Dudley332

    Samuel Woodward was commissioned Secretary by George; I on June 23, 1715. He reached Boston September 22,333 and on September 23d —

    A Letter334 from His Excellency Col° Burges (appointed Governour of this Province) to the Honourable the President & Council of the Province of the Massachusetts Bay brought by Samƚƚ Woodward Esqr appointed Secretary of this Province was read at the Board & Mr Secretary Woodward producing his Commission under the Broad Seal for Secretary of the Province of the Massachusetts Bay the Governour not being present

    Voted That Andrew Belcher & Addington Davenport Esqrs be desired to wait on His Excellency at Roxbury & desire His Excellencys presence or directions on the affair in the afternoon.335

    Woodward’s commission was read in Council and he was sworn on September 24, 1715.336 On October 3, —

    An Inventory of all the Books Papers and Records Seals & Utensils belonging to the Secretary’s Office made & taken by the Honble Addington Davenport Paul Dudley & Samuel Woodward Esqrs was read & signed by the sd Mr Secretary Woodward & the keys of the sd office with the abovesd particulars were delivered by the Governour to the sd Mr Secretary Woodward in Council Pursuant to His Majestys command in the Commission to him given under the Great Seal of Great Britain of Record in the sd Office.

    Andrew Belcher & Addington Davenport Esqrs are appointed a Committee to give directions about a convenient place in one of the upper rooms in the Town House for the lodging of Files of Papers &ca which incumber the Secretarys office.337

    On May 10, 1716, —

    Samuel Woodward Esqr Secretary of this Province humbly moved to the Honble Lieutt Govr and Council That the business of the office was so far behind hand & so much dayly encreasing that he could not even with his utmost application and endeavour bring up the same without further assistance, and that according to the powers grantd in His Majestys Letters Patents to him for Secretary of this Province, he proposed to depute Mr Joseph Marion to be deputy Secretary of the said Province to which the Honble Lieutt Governour & Council unanimously agreed &

    Ordered That the sd Deputation should be read at the Board & put in the Secretarys office & sd Joseph Marion took the oaths appointed by act of Parliamt to be taken instead of the oaths of Allegiance & Supremacy repeated & subscribed the Declaration, took the oath of Abjuratn and an oath for the true & faithfull discharge of his office as Deputy Secretary.338

    On July 12, 1716, —

    Samuel Woodward Esqr Secretary of this His Majestys Province produced His Majestys Licence to absent himselfe from the sd Province for & during the term of twelve months which was read at the Board. And the Secretary signified to the Honble Lieutenant Governour & Council that he should very speedily leave the Province & that he was ready to receive their commands home.339

    Woodward was present at a Council meeting on August 3, 1716,340 after which his name disappears, and no doubt he sailed for England on or immediately after that date.341

    Josiah Willard was commissioned Secretary by George I on June 17, 1717. He reached Boston on the 2d or 3d of December, 1717,342 and took office on the 4th:

    His Majestys Commission or Letters Pattents dated at Westminster the seventeenth day of June in the third year of His Majestys reign constitutg Joseph343 Willard Esqr Secretary of this His Majestys Province of the Massachusetts Bay was read & publishd Then Mr Secretary took the oaths appointed by Act of Parliament passed in the first year of the reign of King William & Queen Mary to be taken instead of the Oaths of Allegiance & Supremcay unto his present Majesty King George, & repeated & subscribed the Declaration by the same Act appointed, also took an oath for the due & faithfull performance of his duty in the office & place of Secretary of the sd Province, And the Council advised to the making His Majestys sd Letters Patent of publick record accordingly

    Ordered That Joseph Marion Deputy Secretary to Saml Woodward Esqr late Secretary of this Province, with all convenient speed make delivery of all publick records books & records of the Council & Assembly with the Seal of the Province, enrowlment of the Laws and Files of Papers & all utensils &ca of & belonging to the sd Secretarys Office

    And that the sd Mr Secretary Willard pass a receipt therefore in discharge to the sd Mr Marion accordingly.344

    Willard was commissioned Secretary by George II on March 28, 1728, and was sworn on June 18:

    Josiah Willard Esqr haveing His Majestys Letters Patents, under the Great Seal of Gt Britain bearing date at Westminster the twenty eighth of March 1728, constituting him Secretary to His Matys Province of the Massachusetts Bay, His Majesty’s Commission was read at the Board. And then the sd Josiah Willard took the Oaths appointed by Act of Parliamt to be taken instead of the Oaths of Allegiance and Supremacy, repeated & subscribed the Test or Declaration in ye said Act, together with the Oath of abjuration and likewise took an oath for the true and faithful performance of his said office of Secretary of this Province.345

    Willard was Secretary from December 4, 1717, until his death on December 7, 1756.346

    On December 7, 1756, the Council took the following action:

    It having pleased Almighty God in his Holy Providence to remove the Honble Josiah Willard Esqr the late Worthy and Faithfull Secretary of this Province by Death, whereby that Office is become Vacant, and it being necessary that some meet Person be appointed to officiate as Clerk of the Council until his Majesty shall be pleased to appoint & Commissionate some person to the Office of Secretary agreeable to the Royal Charter Therefore

    Ordered that Mr Thomas Clarke347 be appointed Clerk of his Majestys Council until a Secretary be appointed as aforesaid or until the further order of this Board, and that he be Impowered & directed forthwith to take into his Custody & care as well the Publick Seal of the Province as the public Records & Papers, and to do & Transact the Business proper to such Office of Clerk of Council, & to be under the Obligation of an Oath for the faithfull Discharge of said Trust.

    By Order of Council

    Francis Foxcroft

    Consented to

    S Phips348

    On December 13th Lieutenant-Governor Phips, then Acting Governor, appointed Andrew Oliver Secretary:

    His Honour the Lieutenant Governour appointed the Honble Andrew Oliver Esqr to be Secretary of the Province in the Room of the late Honble Josiah Willard Esqr de͞c͞ed until his Majestys pleasure should be known.349

    And on December 15 Andrew Oliver took the oaths of office:

    The Honble Andrew Oliver Esqr Secretary of the Province took the Oaths appointed by Act of Parliament to be Taken instead of the Oaths of Allegiance & Supremacy Repeated and Subscribed the Test or Declaration in the said Act contained, together with the Oath of Abjuration, and an Oath appointed by a Law of the Province respecting the Recieving & paying the Bills of Publick Credit of the neighbouring Governments within this Province350 & entered into the Execution of his Office after having taken an Oath for the faithfull Discharge of the same.351

    Andrew Oliver was commissioned Secretary by George II on March 2, 1758, and was sworn June 1st.352 He was commissioned Secretary by George III on April 10, 1761, and was sworn November 26th.353 He retained the office of Secretary until March 11, 1771.

    Thomas Flucker was commissioned Secretary by George III on November 12, 1770, and was sworn March 11, 1771:

    Province of Massas Bay Boston 11th March 1771

    Thomas Flucker Esqr within named took the Oaths appointed by Act of Parliament to be taken instead of the Oaths of alligiance & supremacy, repeated & subscribed the Test or Declaration therein contained, together with the Oath of Abjuration; and also an Oath, that he would faithfully discharge the Duties of the Office of Secretary of the said Province354

    Flucker was the last Royal Secretary, and left Boston with General Gage on October 10, 1775.355

    VI LISTS

    In this section the material is summarized in the following lists:

    • A Chronological List of Commissions, 1681–1774
    • B Alphabetical List of Commissions, 1681–1774
    • C List of Officials, 1685–1775
    • D Sovereigns of England, 1603–1776

    A CHRONOLOGICAL LIST OF COMMISSIONS 1681–1774

    date name office

    1685

    Sept. 21

    Edward Randolph

    Secretary, etc.

    1685

    Oct. 8

    Joseph Dudley

    President

    1685

    Nov. 13

    Joseph Dudley

    Vice-Admiral

    1686

    June 3

    Sir Edmund Andros

    Governor

    1686

     

    Sir Edmund Andros

    Vice-Admiral

    1688

    April 7

    Sir Edmund Andros

    Governor

    1688

    April 20

    Francis Nicholson

    Lieutenant-Governor

    1688

    April 25

    Edward Randolph

    Secretary, etc.

    1688

    April 30

    Sir Edmund Andros

    Vice-Admiral

    1691

    Dec. 12

    Sir William Phips

    Governor

    1691

    Dec. 29

    Sir William Phips

    Vice-Admiral

    1691

    Dec.

    William Stoughton

    Lieutenant-Governor

    1691

    Dec.

    Isaac Addington

    Secretary

    1697

    June 18

    Earl of Bellomont

    Governor

    1698

    Oct. 10

    Earl of Bellomont

    Vice-Admiral

    1702

    Feb. 13

    Joseph Dudley

    Governor

    1702

    Feb. 26

    Joseph Dudley

    Vice-Admiral

    1702

    April 1

    Joseph Dudley

    Governor

    1702

    April 11

    Thomas Povey

    Lieutenant-Governor

    1711

     

    William Tailer

    Lieutenant-Governor

    1715

    March 17

    Elizeus Burges

    Governor

    1715

    March 22

    Elizeus Burges

    Vice-Admiral

    1715

    April 28

    William Tailer

    Lieutenant-Governor

    1715

    June 23

    Samuel Woodward

    Secretary

    1716

    June 13

    Samuel Shute

    Vice-Admiral

    1716

    June 15

    Samuel Shute

    Governor

    1716

     

    William Dummer

    Lieutenant-Governor

    1717

    June 17

    Josiah Willard

    Secretary

    1727

    Oct. 17

    William Dummer

    Lieutenant-Governor

    1728

    March 7

    William Burnet

    Governor

    1728

    March 14

    William Burnet

    Vice-Admiral

    1728

    March 28

    Josiah Willard

    Secretary

    1730

    Jan. 28

    Jonathan Belcher

    Governor

    1730

    March 2

    Jonathan Belcher

    Vice-Admiral

    1730

    April 15

    William Tailer

    Lieutenant-Governor

    1732

    April 29

    Spencer Phips

    Lieutenant-Governor

    1741

    May 25

    William Shirley

    Governor

    1741

    Aug. 21

    William Shirley

    Vice-Admiral

    1757

    Feb. 25

    Thomas Pownall

    Governor

    1757

    Feb. 28

    Thomas Pownall

    Vice-Admiral

    1758

    Feb. 10

    Thomas Hutchinson

    Lieutenant-Governor

    1758

    March 2

    Andrew Oliver

    Secretary

    1760

    Jan. 14

    Francis Bernard

    Governor

    1760

    Feb. 12

    Francis Bernard

    Vice-Admiral

    1761

    March 13

    Thomas Hutchinson

    Lieutenant-Governor

    1761

    April 4

    Francis Bernard

    Governor

    1761

    April 10

    Andrew Oliver

    Secretary

    1761

    May 18

    Francis Bernard

    Vice-Admiral

    1770

    Oct. 19

    Andrew Oliver

    Lieutenant-Governor

    1770

    Nov. 12

    Thomas Flucker

    Secretary

    1770

    Nov. 28

    Thomas Hutchinson

    Governor

    1771

    Jan. 4

    Thomas Hutchinson

    Vice-Admiral

    1774

    April 5

    Thomas Gage

    Vice-Admiral

    1774

    April 7

    Thomas Gage

    Governor

    1774

    May 28

    Thomas Oliver

    Lieutenant-Governor

    B ALPHABETICAL LIST OF COMMISSIONS 1681–1774

    name office date

    Addington, Isaac

    Secretary

    1691

    Dec.

    Andros, Sir Edmund

    Governor

    1686

    June 3

     

    Vice-Admiral

    1686

     
     

    Governor

    1688

    April 7

     

    Vice-Admiral

    1688

    April 30

    Belcher, Jonathan

    Governor

    1730

    Jan. 28

     

    Vice-Admiral

    1730

    March 2

    Bellomont, Earl of

    Governor

    1697

    June 18

     

    Vice-Admiral

    1698

    Oct. 10

    Bernard, Francis

    Governor

    1760

    Jan. 14

     

    Vice-Admiral

    1760

    Feb. 12

     

    Governor

    1761

    April 4

     

    Vice-Admiral

    1761

    May 18

    Burges, Elizeus

    Governor

    1715

    March 17

     

    Vice Admiral

    1715

    March 22

    Burnet, William

    Governor

    1728

    March 7

     

    Vice-Admiral

    1728

    March 14

    Dudley, Joseph

    President

    1685

    Oct. 8

     

    Vice-Admiral

    1685

    Nov. 13

     

    Governor

    1702

    Feb. 13

     

    Vice-Admiral

    1702

    Feb. 26

     

    Governor

    1702

    April 1

    Dummer, William

    Lieutenant-Governor

    1716

     
     

    Lieutenant-Governor

    1727

    Oct. 17

    Flucker, Thomas

    Secretary

    1770

    Nov. 12

    Gage, Thomas

    Vice-Admiral

    1774

    April 5

     

    Governor

    1774

    April 7

    Hutchinson, Thomas

    Lieutenant-Governor

    1758

    Feb. 10

     

    Lieutenant-Governor

    1761

    March 13

     

    Governor

    1770

    Nov. 28

     

    Vice-Admiral

    1771

    Jan. 4

    Nicholson, Francis

    Lieutenant-Governor

    1688

    April 20

    Oliver, Andrew

    Secretary

    1758

    March 2

     

    Secretary

    1761

    April 10

     

    Lieutenant-Governor

    1770

    Oct. 19

    Oliver, Thomas

    Lieutenant-Governor

    1774

    May 28

    Phips, Spencer

    Lieutenant-Governor

    1732

    April 29

    Phips, Sir William

    Governor

    1691

    Dec. 12

     

    Vice-Admiral

    1691

    Dec. 29

    Povey, Thomas

    Lieutenant-Governor

    1702

    April 11

    Pownall, Thomas

    Governor

    1757

    Feb. 25

     

    Vice-Admiral

    1757

    Feb. 28

    Randolph, Edward

    Collector, etc.

    1681

    Oct. 15

     

    Secretary, etc.

    1685

    Sept. 21

     

    Secretary, etc.

    1688

    April 25

    Shirley, William

    Governor

    1741

    May 25

     

    Vice-Admiral

    1741

    Aug. 21

    Shute, Samuel

    Vice-Admiral

    1716

    June 13

     

    Governor

    1716

    June 15

    Stoughton, William

    Lieutenant-Governor

    1691

    Dec.

    Tailer, William

    Lieutenant-Governor

    1711

     
     

    Lieutenant-Governor

    1715

    April 28

     

    Lieutenant-Governor

    1730

    April 15

    Willard, Josiah

    Secretary

    1717

    June 17

     

    Secretary

    1728

    March 28

    Woodward, Samuel

    Secretary

    1715

    June 23

    C LIST OF OFFICIALS 1685–1775

    COUNCIL FOR NEW ENGLAND, 1685–1686

    President
    NAME COMMISSIONED TOOK OFFICE LEFT OFFICE

    Joseph Dudley

    1685 Oct. 8

    1686 May 25

    1686 Dec. 20

    Deputy-President

    William Stoughton

     

    1686 May 26

    1686 Dec. 20

    TERRITORY AND DOMINION OF NEW ENGLAND, 1686–1689

    Governor

    Sir Edmund Andros

    1686 June 3

    1686 Dec. 20

     
     

    1688 April 7

       
    Lieutenant-Governor

    Francis Nicholson

    1688 April 20

    1688 July 19

     
    Secretary      

    Edward Randolph

    1685 Sept. 21

    1686 July 1

     
     

    1688 April 25

       

    PROVINCE OF THE MASSACHUSETTS BAY, 1691–1775

    Governors      

    Sir William Phips

    1691 Dec. 12

    1692 May 16

    1694 Nov. 17

    William Stoughton

     

    1694 Dec. 4

    1699 May 26

    Earl of Bellomont

    1697 June 18

    1699 May 26

    1700 July 17

    William Stoughton

     

    1700 July 22

    1701 July 7

    The Council

     

    1701 July 10

    1702 June 11

    Joseph Dudley

    1702 April 1

    1702 June 11

    1715 Feb. 4

    The Council

     

    1715 Feb. 4

    1715 March 21

    Elizeus Burges

    1715 March 17

       

    Joseph Dudley

     

    1715 March 21

    1715 Nov. 9

    William Tailer

     

    1715 Nov. 9

    1716 Oct. 5

    Samuel Shute

    1716 June 15

    1716 Oct. 5

    1723 Jan. 1

    William Dummer

     

    1723 Jan. 2

    1728 July 19

    William Burnet

    1728 March 7

    1728 July 19

    1729 Sept. 7

    William Dummer

     

    1729 Sept. 10

    1730 June 11

    William Tailer

     

    1730 June 11

    1730 Aug. 10

    Jonathan Belcher

    1730 Jan. 28

    1730 Aug. 10

    1741 Aug. 14

    William Shirley

    1741 May 25

    1741 Aug. 14

    1749 Sept. 11

    Spencer Phips

     

    1749 Sept. 15

    1753 Aug. 7

    William Shirley

     

    1753 Aug. 7

    1756 Sept. 25

    Spencer Phips

     

    1756 Sept. 25

    1757 April 4

    The Council

     

    1757 April 5

    1757 Aug. 3

    Thomas Pownall

    1757 Feb. 25

    1757 Aug. 3

    1760 June 3

    Thomas Hutchinson

     

    1760 June 3

    1760 Aug. 2

    Francis Bernard

    1760 Jan. 14

    1760 Aug. 2

     
     

    1761 April 4

     

    1769 Aug. 1

    Thomas Hutchinson

     

    1769 Aug. 2

    1771 March 14

    Thomas Hutchinson

    1770 Nov. 28

    1771 March 14

    1774 May 17

    Thomas Gage

    1774 April 7

    1774 May 17

     
    Lieutenant-Governors

    William Stoughton

    1691 Dec.

    1692 May 16

    1701 July 7

    Thomas Povey

    1702 April 11

    1702 June 11

    1706 Jan. 28

    William Tailer

    1711

    1711 Oct. 4

     
     

    1715 April 28

     

    1716 Oct. 5

    William Dummer

    1716

    1716 Oct. 5

     
     

    1727 Oct. 17

     

    1730 June 11

    William Tailer

    1730 April 15

    1730. June 11

    1732 March 1

    Spencer Phips

    1732 April 29

    1732 Aug. 8

    1757 April 4

    Thomas Hutchinson

    1758 Feb. 10

    1758 June 1

     
     

    1761 March 13

     

    1771 March 14

    Andrew Oliver

    1770 Oct. 19

    1771 March 14

    1774 March 3

    Thomas Oliver

    1774 May 28

    1774 Aug. 8

     
    Secretaries

    Isaac Addington

    1691 Dec.

    1692 May 16

    1715 March 19

    Samuel Woodward

    1715 June 23

    1715 Sept. 24

    1716 Aug. 3

    Josiah Willard

    1717 June 17

    1717 Dec. 4

     
     

    1728 March 28

     

    1756 Dec. 7

    Andrew Oliver

    1758 March 2

    1756 Dec. 15

     
     

    1761 April 10

     

    1771 March 11

    Thomas Flucker

    1770 Nov. 12

    1771 March 11

     

    D SOVEREIGNS OF ENGLAND, 1603–1776

    James I

    succeeded

    1603 March 24

     

    died

    1625 March 27

    Charles I

    succeeded

    1625 March 27

     

    executed

    1649 Jan. 30

    Charles II

    proclaimed in Edinburgh

    1649 Feb. 5

     

    “in Westminster Hall

    1660 May 8

     

    “in Plymouth

    1661 June 5356

     

    “in Boston

    1661 Aug. 8357

     

    died

    1685 Feb. 6

    James II

    succeeded

    1685 Feb. 6

     

    proclaimed in Boston

    1685 April 20358

     

    “in Plymouth

    1685 April 24359

     

    fled from Whitehall

    1688 Dec. 11

     

    left England

    1688 Dec. 23

     

    died

    1701 Sept. 6

    William III and Mary II accepted the crown

     

    1689 Feb. 13

     

    proclaimed in Boston

    1689 May 29360

     

    William landed in England

    1688 Nov. 5

     

    Mary II died

    1694 Dec. 28

     

    William III died

    1702 March 8

    Anne

    succeeded

    1702 March 8

     

    proclaimed in Boston

    1702 May 29361

     

    died

    1714 Aug. 1

    George I

    succeeded

    1714 Aug. 1

     

    proclaimed in Boston

    1714 Sept. 22362

     

    died

    1727 June 11

    George II

    succeeded

    1727 June 11

     

    proclaimed in Boston

    1727 Aug. 16363

     

    died

    1760 Oct. 25

    George III

    succeeded

    1760 Oct. 25

     

    proclaimed in Boston

    1760 Dec. 30364

     

    died

    1820 Jan. 29

    On behalf of Mr. Julius H. Tuttle a photograph was exhibited of a map “Copied out of an Original lent by Mr Stoughton & Bulkeley Agents of Boston,” now in the possession of the John Carter Brown Library; and the following paper was communicated:

    EARLY MANUSCRIPT MAPS OF NEW ENGLAND

    In the material preserved to us, from colonial days, only a few manuscript maps of New England, or some of its parts, among those known to have been made before Philip’s War, can be found. Entries in town and in our Colony records show the existence at the time of maps, as well as plans of grants by the General Court, most of which have long since disappeared. These records have also saved for us the names of many surveyors, or artists, who eked out their livelihood by measuring lands and making draughts or plots of their work.

    An interesting paper relating to a map of the country by one of their number, of which the following is a copy, is on file in the State Archives:

    Boston Januarij ye iith 1676

    M Rawson

    Sr these are to request your Care to procure me Satisfaction for Drawing a Draft or plott of ye Country that I drew from that wch you Brought me being ye Coppie thereof and so you will oblidge yor Servant to Com̄ and

    James Taylor

    11: January 1676

    It is ordered yt the Treasurer pay unto Mr James Taylor tenn shillings mony for his drawing a Copie of draft or plott of the Country wch ye Com̄issionrs sent to his Majtie had wth them past

    E R Sc

    [Endorsed]

    Council Act as to paying James Taylor 10s

    for copy of Map 11 Janury 1676

    Ent.365

    Savage says, “James [Taylor], Reading, may have been that surveyor, much employ, in 1671 and 2, d. at R. 1703.”366 In 1676, there was a James Taylor, living in Springfield, who may have been the same person, and perhaps the artist mentioned above as well as the one who assisted Mr. Pynchon, of Springfield, in the survey given below. On April 19, 1671, Mr. Taylor laid out land near the Plymouth line, granted by the General Court to William Holloway.367 Under date of May 15, 1672, Major John Pynchon makes a report in pursuance of an order of the General Court, May 31, 1671, to run the south line of the patent, in which he says: “I went from Springfeild to Windsor the 31, day of October, 1671, having Mr James Taylor with me for the artist.”368 The Court in approving the return thanks Major Pynchon “for his great pajnes therein, and that the artist, Mr James Taylor, be desired to make a plat of what he hath donne in parchment, protracting the ljne formerly draune by Nathaniel Woodward & Solomon Saffery.”369 None of the handiwork of Mr. Taylor, identified as his, has come to light.

    Nearest in date to the Taylor map of the country is one by Cotton Mather. Nathaniel Mather, his uncle, in a letter to Increase Mather, dated at Dublin February 26, 1676, writes:

    I much rejoyce in God’s great mercy begun in your son Cotton. I heartily thank him for his map of New England It helps mee much in understanding your & other narratives. One defect or two I observe in it, there is wanting a scale of miles & a compass, & if I have not forgotten (which it is like I may) the Blew hills are misplaced, for hee placeth them south from Dorchester, whereas according to my defaced idea of the Countrey, they were rather northward from it.370

    Cotton Mather at this time was only fourteen years of age, and then in his sophomore year at Harvard College. No trace of this map has been found. In the same letter Nathaniel Mather thanks Increase for “3 of your historyes of the late war with the Indians,” which but a short time before had been issued from the press of John Foster. In the same month William Hubbard signed the dedication of his forthcoming “Narrative of the Troubles with the Indians” (Boston, 1677), printed by John Foster also, which contained a map of New England, the first here cut. The three maps — Taylor’s map of the country, the bill for which was rendered January 11, 1676–7; the Cotton Mather map, a copy of which was received in Dublin by February 26, 1676–7; and the so-called Foster-Hubbard map, engraved a few months later — were made at so nearly the same time that the question is naturally raised as to the probable connection between them.

    There is among the Blathwayt Papers in the John Carter Brown Library a manuscript map which “was copied out of an Original Cut by Mr Stoughton & Bulkeley Agents of Boston,” said on the back of the parchment to be “exactly Copied about 1678 from an Original Cut Sr Robert Southwell by Mr Stoughton and Mr Buckley.” It shows the “Northmost Paralel Line” of the Bay Colony, at 43° 44′, crossing Lake Winnepesaukee, and the “Southermost Paralel Line,” at 41° 55, making the coast line run from the mouth of the Kennebec River to the southern part of Plymouth Harbor. The map also indicates the settlements on the Connecticut River, the Charles, the Merrimac, and along the coast from Stamford, Connecticut, to the mouth of the Kennebec. William Stoughton and Peter Bulkley were chosen agents of the Colony in September, 1676, to go to England to defend our interests against the claims of Gorges and Mason. Can this be a copy from the Taylor map of 1676, or from the original from which he made his copy?371

    An earlier map372 than these, presumably of a good part of New England, was made in 1665. It was requested by the Commissioners, Colonel Richard Nicolls, Sir Robert Carr, George Cartwright, and Samuel Maverick, who arrived in Boston on July 23, 1664, under orders from the King, one of whose objects was to settle all differences “which are arisen betwixt our seueral colonjes vpon the bounds & limits of their seueral provinces.”373 In a letter374 dated at Newport May 15, 1664, they say:

    That wee may prevent all mistakes in the King’s business, through Colonell Niccolls in July, & ourselues in February last, desired that a map of your jurisdiction & ljmits might be made ready, wee now send you our desires & the Kings instructions to vs in that particcular vnder our hands. Wee hope to be wth you in the beginig of May at the furthest, (if God blesse vs,) against wch time wee desire the map of yor limitts may be ready. We shall not trouble yow to send any to shew us yor southerne bounds, they being vncontrouerted, & at so great a distance from you. [In a postscript] This mapp or draught wthin mentioned wee desire may be made with all exactnes possible, & wth all speed convenient deliuered to us.

    Edward Rawson, Secretary, in his reply, May 5, 1665, says of the map:

    For a mapp of the ljmitts of our jurisdiction, vpon first notice of yor desires first made knoune to the Gouernor & council by yr letter from Road Island, dated March 13, 1664, care was then taken, & now such further provision is made by this Court, that wee doubt not that you will spedily receive satisfaction therein.375

    On May 24, 1665, Rawson writes to the Commissioners: “Wee haue sent heerewith sent yow a map of the lands wee conceive to be granted vs by our charter.”376 Hutchinson says that before the General Court had an opportunity to answer the King’s instructions, the Commissioners acquainted the Deputy-Governor and the rest that a map of the Colony must be laid before the Commissioners, “that they might hear and determine all claims made by such as bordered upon it.”377 This map has not been found.

    Two earlier manuscript maps of a part of New-England are extant: one in 1642, made by Woodward and Saffrey, of that part of the southern boundary line of the Bay Colony from the angle tree near the present north-eastern corner of Rhode Island to Windsor, Connecticut, in the State Archives; and the other the so-called Waters-Winthrop Map, made a few years earlier, in the Sloane Collection in the British Museum. Of the latter, Mr. Justin Winsor, in 1890, said after a careful examination of the map that the paper has no water-mark, that there is written on the back in Governor John Winthrop’s hand, “Massachusetts in N: Englande,” and that the paper shows the creases, which indicate that it was folded to be enclosed in a letter.378 This is the earliest manuscript map extant, following the settlement of the Bay Colony.

    Mr. Frederick L. Gay spoke as follows:

    Robert F. Roden in his Bibliographical List of the Issues of the Cambridge Press mentions, under the year 1643, the title “Capital Laws of Massachusetts Bay. Cambridge, Stephen Daye, 1643.” In his note to this issue he says:

    This is the “Body of Liberties,” the first Code, prepared by Nathaniel Ward. The Cambridge edition is referred to in the preface of “New England’s Jonas,” London, 1647; but no copy is extant.379

    Roden errs in calling it the “Body of Liberties.”380 It was simply the Capital Laws. On June 14, 1642, “It is ordered, that such lawes as make any offence to bee capitall shall fourthwth bee imprinted & published, of wch lawes the Secretary is to send a coppey to the printer, when it hath bene examined by the Govrnor or Mr Bellingham wth himselfe, & the Treasurer to pay for the printing of them.”381

    Hitherto we were forced to rely on the reprint of these Capital Laws that is found in Major John Child’s New-Englands Jonas Cast up at London, printed in London in 1647. They were introduced in the body of the text, and there was no way to determine the extent and limits of Day’s original edition. This uncertainty, however, is removed by the discovery of an earlier London reprint. It is in the form of a single-sheet, and is entitled “The Capital Lawes of New England, as they stand now in force in the Common-Wealth . . . . Printed first in New-England, and re-printed in London. for Ben. Allen in Popes-head Alley 1643.” This early single-sheet reprint confirms the correctness of the Capital Laws as given in New-Englands Jonas, and reproduces Day’s original edition, perhaps in the same outward form.

    A transcript of Thomason Tracts 669. f. 6. (99.), in the British Museum, is submitted for comparison.

    The Capitall Lawes of New-England, as they stand now in force in the Common-Wealth.

    By the Covrt

    In the Years 1641. 1642.

    Capitall Lawes, Established within the Jurisdiction of Massachusets.

    1. 1 If any man after legall conviction, shall have or worship any other God, but the Lord God, he shall be put to death. Deut. 13. 6, &c and 17. 2 &c. Exodus 22. 20.
    2. 2 If any man or woman be a Witch, that is, hath or consulteth with a familiar spirit, they shall be put to death. Exod. 22. 18. Lev. 20. 27. Deut 18. 10, 11.
    3. 3 If any person shall blaspheme the Name of God the Father, Sonne, or Holy Ghost, with direct, expresse, presumptuous, or high-handed blasphemy, or shall curse God in the like manner, he shall be put to death. Lev. 24. 15, 16.
    4. 4 If any person shall commit any wilfull murther, which is manslaughter, committed upon premeditate malice, hatred, or cruelty, not in a mans necessary and just defence, nor by meer casualtie, against his will; he shall be put to death. Exod. 21. 12, 13, 14. Num. 35, 30, 31.
    5. 5 If any person slayeth another suddenly in his anger, or cruelty of passion, he shall be put to death. Num 35. 20, 21. Lev. 24. 17.
    6. 6 If any person shall slay another through guile, either by poysonings, or other such divilish practice; he shall be put to death. Exod. 21. 14.
    7. 7 If a man or woman shall lye with any beast, or bruit creature, by carnall copulation, they shall surely be put to death; and the beast shall be slaine, and buried. Lev 20. 15, 16.
    8. 8 If a man lyeth with mankinde, as he lyeth with a woman, both of them have committed abomination, they both shall surely be put to death. Lev 20. 13.
    9. 9 If any person committeth adultery with a married, or espoused wife, the Adulterer, and the Adulteresse, shall surely be put to death. Lev 20. 10 and 18. 20. Deut 22. 23, 24.
    10. 10 If any man shall unlawfully have carnall copulation with any woman-childe under ten yeares old, either with, or without her consent, he shall be put to death.382
    11. 11 If any man shall forcibly, and without consent, ravish any maid or woman that is lawfully contracted or married, he shall be put to death. Deut. 22. 25 &c.
    12. 12 If any man shall ravish any maid or single woman (committing carnall copulation with her by force, against her will) that is above the age of ten yeares; he shall be either punished with death, or with some other grievous punishment, according to circumstances, at the discretion of the Judges: and this Law to continue till the Court take further order.
    13. 13 If any man stealeth a man, or man-kinde, he shall surely be put to death. Exod 21. 16.
    14. 14 If any man rise up by false witnesse wittingly, and of purpose to take away any mans life, he shall be put to death. Deut. 19. 16, 18, 19.
    15. 15 If any man shall conspire, or attempt any invasion, insurrection, or publick rebellion against our Common-wealth, or shall indeavour to surprize any Towne or Townes, Fort or Forts therein: or shall treacherously or perfidiously attempt the alteration and subversion of our frame of pollity, or government fundamentally he shall be put to death. Num. 16. 2 Sam: 3 & 18 & 20.383

    Per exemplar Incre, Nowel, Secret.

    Printed first in New-England, and re-printed in London.

    for Ben. Allen in Popes-head Allen 1643.

    On behalf of Mr. Clarence S. Brigham a copy was exhibited of “Some Observations upon the French Tongue . . . . Boston in New England: Printed by B. Green, 1724.”384

    Mr. Matthews spoke as follows:

    Early this month Mr. Brigham sent me this pamphlet which, he wrote, “seems to have been hitherto unnoticed by bibliographers,” and asked, “Does a reading of it convince you that it is an American production?” He added that a short search had not revealed the name of the author. Though not important in itself, the pamphlet is of interest as being, so far as is known, the second book on the subject to be published in this country.385 An examination of the pamphlet indicates, though it does not prove, that it was written in this country,386 and if so, it is a natural presumption that the author was some one living in Boston or its neighborhood. The only clue lies in the dedication, which reads as follows:

    To my Dear Brother

    Mr. William Scott,387

    Professor in the Greek Tongue, in the University of Edinburgh.

    Dear Brother,

    I RECEIVED last Fall the Latin, English and French Grammar388 that you have composed, and sent to me: I thank you heartily for that Present that I have Read with pleasure; and which is indeed excellent in it’s Kind.

    I send you as a return of Love, this short Treatise, which contains, as well as yours, several things relating to the French Language: And I Dedicate it to you as to a Person near related to me, whom I do greatly esteem, and who is a very competent Judge, as well as a great Admirer of the French Tongue.

    I have more endeavoured to be Short and Clear (as you your self have done) than to make a great shew of Learning. For I have not made this Book for those who are Learned already, but for the use of those who have a mind to Learn: And not only for those who may have a mind to Learn French; but even for those who have neither Will or Opportunity to do it. For I thought in such a Time as this, when the French Language is so famous, and so much used, there is hardly any Body but that would be glad to have at least some general Notions of it.

    I pray you to accept of this small Present as a token of my esteem and affection to you.

    THAT Almighty GOD be pleased to pour down his most precious Blessings upon your self, your Spouse and Children; That you may bring them up for his Glory, and the Service and Ornament of his Church, is the Wish and Prayer of,

    Dear Brother,

    Your humble Servant, and Affectionate Brother,

    A. L. M.

    It occurs to me that the author may well have been the Rev. Andrew Le Mercier, who came to this country in 1715 to become pastor of the French Protestant Church in Boston and died here in 1764. The dedication to his Church History of Geneva, Boston, 1732, is signed “A. L. M.,” and the dedication to his Treatise against Detraction, Boston, 1733, is signed “A. Le Mercier,” though his name appears in full on the title-page of each of those volumes.389

    Mr. Lindsay Swift spoke as follows:

    Mr. Tuttle’s paper brings to mind an interesting copy of Edward Winslow’s Good Nevves from New England (London, 1624), that I first saw thirty years ago, when I had the pleasure of arranging and cataloguing the Library of John Adams, then deposited in the Thomas Crane Public Library in Quincy. It is the first of five or six pamphlets of the same date bound into a stout little quarto volume, and on the verso of the title-page is the following manuscript note:

    At a Court of Commissrs for Setting Adjusting and Determining the Boundary of ye Colony of Rhode Island Eastward towards the province of the Massachusets Baye.

    This Book was produced in Court by the agents for the province [Massachusetts] to the End they might give Several passages therein Contained as Evidence. But the agent for the Colony [Rhode Island] Opposed and the Court Rejected the same

    Dated at ye Court of Com̄issrs Sitting in Providence in the Colony of Rhode Island The Twentithird day of June Anno Dom. 1741

    Attest

    Will Sam Ballard

    I do not intend to enter this controversy over the boundaries of these two States — a controversy that was still going on in the sixties of the nineteenth century. It is enough to say that the commissioners appointed for settling the boundary line between the Province of Massachusetts Bay and the Colony of Rhode Island published “An exact plan” (Providence, 1741) that was republished in facsimile (Boston, 1848) by the Massachusetts commissioners on the boundary between the States of Massachusetts and Rhode Island in their Reports to the Governor and Council. The original map is in the Public Record Office, London.

    I do, however, feel an interest in a book that was offered in evidence before the first commission a hundred and twenty years after its issuance and was thrown out, as good evidence sometimes is. Another feature of this particular copy is that it bears the autograph and many marginal notes of Thomas Prince, its owner, and yet I first saw it peacefully resting in the library of John Adams, along with several other volumes that once belonged to the Prince Collection. Now how did it come to pass that John Adams should be in possession of some of Thomas Prince’s books? In the appendix to C. F. Adams’s Life of John Adams is a reprint from the Boston Patriot of October 23, 1811, in which the first of the Adamses says:

    I mounted up to the balcony of Dr. Sewall’s church, where were assembled a collection which Mr. Prince had devoted himself to make from the twentieth year of his age. The loss of this library of books and papers, in print and in manuscript, can never be sufficiently regretted. Such a treasure never existed anywhere else, and can never again be made. He had endeavored, and with great success, to collect every history, pamphlet, and paper which could throw light on the Reformation, the rise and progress of the Puritans, and the persecutions which drove our ancestors over to this wild and unknown world.390

    Adams was at this time (1773) preparing, with James Bowdoin, a report to the two houses of the Massachusetts Legislature containing “a statement of the title of the Province to certain lands to which the legislature of New York had asserted a claim.” There was good reason then why John Adams, who wrote the report alone, should frequent the balcony of the Old South Meeting House and should borrow therefrom such a book as Winslow’s Good Nevves. That he never returned it, shows that John Adams was, in this respect, pretty much like the rest of us, great man as he surely was. But time brings its satisfactions as well as its revenges. The Old South Church in course of time moved to the corner of Dartmouth and Boylston Streets, but without its precious Prince Collection, which before this moving had been conveyed in trust to the Boston Public Library, then on Boylston Street, but minus the few books that John Adams had borrowed so many years before. In 1894 the Public Library established itself on the corner opposite the New Old South, and the Prince books were within a few feet of their former guardian church. Meanwhile the Public Library had received in trust from the City of Quincy the John Adams Library, formerly deeded to and held by the Church and Temple Fund of that place. So at last the missing books are within a few feet of where they rightfully belong, and Thomas Prince’s books and his beloved church are no longer widely divorced, but simply enjoying a separate maintenance.