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.1

On November 17th,

The Lieutt Gov" and the members of the Council then in Town waited upon his Ex at his house & accompanied him to the Waterside, who embarqued, and that evening set saile onwards of his Voyage to England.2

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, 1695.3

Upon the departure of Phips, Lieutenant-Governor William Stoughton 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 Gov's departure, the Lieut Gov' 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 Gov' was sworn to do his utmost to see to the observance thereof.5

late King James and all his Adherents. And in case His Majesty come to any violent or untimely Death (which GOD forbid) We do hereby further freely and unanimously oblige our selves, to unite associate and stand by each other in revenging the same upon His Enemies and their Adherents, and in supporting and defending the Succession of the Crown, according to an Act made in the first year of the Reign of King WILLIAM and Queen MARY, Intituled, An Act Declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown. (Cf. Publications of this Society, x. 384-386, xiii. 119–126.)

It will be observed that the oath in the text has twenty-eight signatures attached those of the three Crown officials and of twenty-five Councillors. There were, however, twenty-eight Councillors named in the Province Charter (p. 35, above). Simon Bradstreet, Thomas Hinckley, and Stephen Mason, the remaining three Councillors, do not appear to have qualified.

1 Council Records, ii. 293.

2 ii. 293.

On May 5, 1695, Sewall wrote: "About 3 hours News comes to Town of the death of Sir William Phips, Feb. 18th at which people are generally sad" (Diary, i. 404).

• The names of Acting Governors are printed in italics.

• Council Records, ii. 294.

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 Gov', 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.1

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, 1699,2 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

1 Council Records, ii. 561.

2 Bellomont arrived in New York on April 2, 1698. In a letter dated August 8 he said: "In my letter of the eighth of January last I gave your Lordships an account of my arrival at Barbadoes. On the ninth of March I left that Island, and on the second of April I landed at the City of New York, and entered on the Governt" (New York Colonial Documents, iv. 306). In a letter dated "NewYorke the 4th of Aprill 1698," Benjamin Jackson wrote: "His Excellency the Earle of Bellamont, being arrived from Barbadoes, came on shoar at this place, and was Sworne on Saturday Last" (Massachusetts Archives, cvi. 421). Cf. Sewall, Diary, i. 476.

Office and place of Governour of the sd Province; before the Honble William Stoughton Esq' Lt Gov'.

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 Tho 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.1

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." 2

Upon the departure of Bellomont, who never returned and died suddenly in New York on March 5, 1701,3 the government again devolved upon Lieutenant-Governor Stoughton, who remained Acting Governor until his death on July 7, 1701.3

4

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

1 Council Records, iii. 20-21.

2 iii. 137.

3 On March 15, 1701, Sewall wrote: "The Town is fill'd with the News of my Ld Bellomont's death, last Wednesday was señight" (Diary, ii. 33).

4 There was no meeting of the Council between July 17 and July 22, 1700, and on neither day did Stoughton take any new oaths -no doubt for the reason that, as he had received no new Commission, those which he had previously taken were regarded as sufficient.

5 On July 7, 1701, Sewall wrote: "About the time got thither the Lt Gov' died" (Diary, ii. 38).

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.1

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 Gov of this Province; and another letter of like import to the Right Honble the Lords Commisss 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.2

And on July 11th,

For the more easy and ready dispatch of the affairs of the Govern

ment.

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 Maj's service accordingly without expecting further notice.3

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 Esq 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.4

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:

1 The proclamation was not entered in the Council Records or in the Court Records, and, if printed, apparently no copy has survived.

2 Council Records, iii. 216–217.

* iii. 217-218.

4 Massachusetts Archives, li. 132.

To the Kings most Excellent Majesty.

The humble Address of the Council and Representatives of your Majties Province of the Massachusetts Bay in NewEngland 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 Sovereignty towards us. First in the death of the truely Noble Earl of Bellomont your Maties late Captain General and Governour in Chief of this yo Province and soon after in the death of the Honble William Stoughton Esq' 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 yo' 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.1

The government was administered by the Council from July 10, 1701, until the arrival of Governor Dudley on June 11, 1702.2

1 Massachusetts Archives, xx. 59.

...

2 William III died March 8, 1702. On May 28" the London Gazette and several other Prints, Papers and letters," brought by Capt. Thomas Burrington, reached Boston confirming "the sorrowful and awful tidings .. which had been more uncertainly reported several days since from divers parts beyond sea," and it was "Ordered therefore. That the several persons newly chosen Councellors or Assistants for this Province do take the oath of Allegiance to her Said Majty Queen Anne" and that Anne be proclaimed on the following day (Council Records, iii. 311, 313, 315). This extract is from the London Gazette of July 23:

Boston in New-England, June 8.

N the 28th of May last we received Advice of the Death of His late Majesty,

and the General Assembly were then sitting, and the Members of the Council immediately took the Oath of Allegiance to Her Majesty. The next day the Council, attended by the Representatives in the General Assembly, the Ministers, Justices of the Peace, Gentlemen, Merchants, and other Inhabitants, Proclaimed Her