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His Ex" in a short Speech acquainted the Councill that his Maj"" 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 Ex"e the oath of Allegience with the oath enjoyned to be taken, by his Majty" said Commission.1

On December 30, 1686, "His Exc" took the oath for the observeing the Acts of Trade and Navigation." 2 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 Maty" Reigne Intituled an Act for the Encourageing and Increaseinge of Shipping and Navigacon and also 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 Colnanders in Chief of his Ma*y" fforeign Plantacons.3

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,4 no regular

1 Council Records, ii. 105. The Andros Records read:

His Maty" Commission for Government directed to his Excell: Sr Edmond Andros Knight was published and the Oath of Allegiance was administered to his Ex"" by Joseph Dudley and tlje members then present together with the Oath for the due execution of Justice by his Ma"" said Commission enjoyned to be taken (p. 240).

The records here cited as "Andros Records" are those printed in October, 1899, by Robert N. Toppan in Proceedings American Antiquarian Society, New Series, xiii. 239-268. They were copied by Mr. Toppan from the original minutes in the possession of the American Antiquarian Society. The Andros Records extend from December 20, 1686, to April 25, 1687, both included. The records under Andros's government at the State House (Council Records, ii. 105-161) extend from December 20, 1686, to December 29, 1687, both included; but several meetings recorded in the Andros Records are not in the Council Records; and the records of a few meetings — both before April 25, 1687, and after December 29, 1687 — are found only in the Massachusetts Archives.

1 Council Records, ii. 107. Cf. Andros Records, p. 242.

'Andros Records, p. 249. There is no record of this meeting in the Council Records.

* See note 1, above.

records of Council meetings after December 29, 1687, were kept, or at least are not known 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 Comission is published, extending his Authority from the remotest eastern parts so as to take in East and West Jersey.1

There was a Gallery erected last Thorsday, at the east end of the Town House, from whence His Excellency's new Comission was published, 8 Companys being in Arms.*

Andros was Governor from December 20, 1686, to hi3 overthrow on April 18, 1689.

Lieutenant-governor

Francis Nicholson was commissioned 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, 1688.3

When Andros left Boston for New York late in July, 1688, Nicholson accompanied him as far as New London, when he was sent back to Boston by Andros.4 Later in the year Nicholson went to New York,5 where he was when the overthrow of Andros occurred in

1 July 19, 1688 (Diary, i. 220). Andros's proclamation to continue civil and military officers, dated July 19, 1688, is in Massachusetts Archives, cxix. 72. 1 July 24, 1688 (4 Massachusetts Historical Collections, viii. 518).

* See note 1, above. Though not named a Councillor in the Instructions issued to Andros on September 12, 1686, yet Nicholson was appointed to the Council on April 25, 1687, and he had sat in the Council since August 24, 1687: see p. 33, below. On July 5, 1688, Sewall wrote: "This day Foy arrives, brings a Comission for Capt. Nicholson to be Lieut. Governour: New-York to be anexed to this Government. Mr. Randolph, a new Comission to be Secretary of the whole Dominion" (Diary i. 219).

4 On July 28,1688, Randolph said that "I am now going to N:York where Capt Nicholson also goes and is to Continue vpon the place" (Toppan's Randolph, vi. 257). But in a letter dated "Boston August the 31"t 1688," Nicholson wrote: "His Excy began his journey from [error for "to"] New Yorke on the last of July and I went wth him to New-London (about one hundred and twenty miles from hence) butt . . . From New London his Ex*7 sent me backe" (New York Colonial Documents, iii. 550). On July 30, 1688, Sewall wrote: "With many others I went to Dedham to accompany his Excellency in his way to New-York and Jersy" (Diary, i. 221).

• Nicholson was apparently still in Boston on August 27 (Toppan's Randolph, Boston on April 18, 1689. Nicholson left New York June 11 and sailed on June 24, 1689.1

SecretAht

Edward Randolph was recommended, on May 16, 1678, "to bee imployed as Collector of His Matie" Customes in New-England." 2 On May 31 the Lord High Treasurer3 urged the appointment, Charles II gave his approbation, and a Commission was directed "to bee issued forth vnto him [Randolph] accordingly." * Randolph was appointed June 12,5 and was commissioned on or before July 9.6 No copy of this Commission is extant.

vi. 263), but was in New York by October 7 (vi. 270), from which place he wrote letters orf October 21, November 15, and December 3, 1688 (iv. 246, 252, 255).

1 On June 10,1689, the Council of New York declared that "We have therefore thought it adviseable that the Lieutt Governor Capt" Francis Nicholson doe depart by the first ship for England to render an account of the present deplorable state of affairs here" (New York Colonial Documents, iii. 585). On June 11 Nicholas Bayard said that "This Day the L1 Governr departed from this Citty in order for his transportation for England" (iii. 599). On July 9 Stephen van Cortlandt wrote: "Capt Nicholson . . . departed very privately to the Nethersincks thinking to go for England in the Brigantine with Coll Dongan who was gone to sea, but being hard weather and Coll. Dongan sea sick Resolved to saile back againe chusing rather to dy on shoare then at sea, and came in again just at the time Capt. Nicholson arrived at Capt Browne's, and neither John Selike, Mr Wadland, nor Heathcott being willing to cany Capt Nicholson for England He Resolved to buy part of said Brigantine which he unloaden and did send for 25 tunns of Log wood which he took on board and so sailed out the 24th day of June." (iii. 595).

* Toppan's Randolph, iii. 4.

* Sir Thomas Osborne, first Earl of Danby.

4 Toppan's Randolph, iii. 4. The direction in regard to the issuing of a Commission occurs as a "Memdum" to the main paper printed by Toppan. From a passage in Acts of the Privy Council, Colonial, i. 782, it appears that the King's approbation and direction were given May 31.

• On June 20, 1679, the Privy Council approved a report of the Committee in which it was said of Randolph that "from the time of his Arrivall out of New England which was on the 10th of September 1676, untill the 12th of June 1678, when he was appointed Collector of your Majestie's Customes in those parts he has remained altogether unrewarded by your Majestie for his great paines and attendance" (Acta of the Privy Council, Colonial, i. 844).

• That the Commission must have been issued on or before July 9, 1678, is proved by the "Instructions ... to Edward Randolph Esq' Collector Surveyor and Searcher of his Matie" Customs in New England." These, dated July 9,1678, begin: "Whereas in pursuance of an Act of Parliament made in the 25 Year of his Matle" Reign . . . We haue Deputed you to be Collecto1 Survey1' and Searcher of all the Rates Duties and Imposicons." These Instructions are in the Massachusetts Archives, bri. 168-177, and also xx. 2-11; and are printed in Toppan's Ran

Randolph was commissioned Collector, Surveyor, and Searcher of Customs in New England by Charles II on October 15, 1681.1

Randolph was commissioned Secretary and Register of the Territory and Dominion of New England by James II on September 21, 1685.2 He was also named as a Councillor in Dudley's Commission as President, dated October 8, 1685. Randolph reached Boston May 14, 1686,' and, when the Council met on May 25, immediately took his seat as a Councillor. But it was not until July 1 that he was sworn:

The Secretary Sworn and tooke the Oath following: Whereas you are by his Majty" Commission appointed Secretary and Register of this his Majty' 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.4

On March 5, 1687, —

dolph, iii. 19-30. Palfrey says: "Randolph's instructions, as Collector, from the Commissioners of the Customs (George Downing and two others), dated July 9, 1678, are in Mass. Arch., LXI. 168-177. His commission, of the same date, is printed in Mass. Hist. Colls., XXVII. 129" (History of New England, iii. 318 note). Palfrey was in error as to the Commission, since what is printed in 3 Massachusetts Historical Collections, vii. 129-138, is not the Commission but the Instructions of July 9,1678.

1 This Commission is printed in Publications of this Society, ii. 333-337. Attention may be called to a slight error in Toppan's Randolph, where a draft in Randolph's handwriting is made to read: "Whereas his Maj"i e by his LettTM Patents under y" Great Seale of England bearing date at Westminster the 14 day of October in the 33 yeare of his Raigne hath erected an office of Collector Surveyor & Searcher of his Majties Customes" (iii. 120). In the draft itself, copied by Toppan from the Massachusetts Archives (bri. 249), the date clearly reads "the 15th day of October in ye 33 yeare of his Raigne," though " 15" might easily be mistaken for "14."

1 This Commission (which is printed in Publications of this Society, ii. 311-312) might have been considered in section I, but that Commission did not, as did Dudley's, terminate with the arrival of Andros on December 20, 1686; and it seemed best to bring together in section II all the data relating to Randolph. * * On May 14 Sewall wrote: "The Rose-Frigot arrives at Nantasket, Mr. Randolph up at Town about 8 mane" (Diary, i. 137).

* Council Records, ii. 45. Cf. Dudley Records, pp. 252-253.

The Secry prsented a bill to be passed for a Gen" Registry as in Jamaica and read his Majtie" Commission appointeing him Secry and Sole Regr of this his Majtio" 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 the Secry but his Exco say'd that was makeing the Secry and Regr an inferior officer to ye Clerks of a County Courts and was besides the end of his Majtie" Grant to the Secry.

It was Ordered and Assented to That the Secry is the Register of the Government, and do appoint his Deputi*" and to have fees according to his Commission.1

On May 3, 1687, Randolph leased his office to John West.2 On May 4 —

Mr Randolph Seer: 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.3

On August 9, 1687, Randolph petitioned James II "to Grant him a Commission to bee Secretary and Sole Register of yr Matie" Territory & Dominion of New England as now vnited and Setled." 4 The desired Commission was granted April 25, 1688.5 It has just been shown 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 Esqr° his Maties Secry & Sole Register of his territory & Dominion of New England beareing date ye 3rd day of May 1687 Authorized & Appointed to

1 Andrew Records, p. 260. There ia no record of this meeting in the Council Records.

• The lease is printed in Toppan's Randolph, iv. 155-158.
'Council Records, ii. 117. 4 Toppan's Randolph, iv. 165-167.

5 The Commission is printed in Publications of this Society, ii. 313-314. On April 25, 1688, John Povey wrote to Randolph:

This accompanies Yor Patent for y* SecTM office of of New England which bearing date after the annexing New York & the Jerseys with the other Colonies of New England Makes You Secr* of the whole Governmt of New England in its prsent Extent But Mr Spragg will have an Order for You to make him a Deputation of so much as he held before (Massachusetts Archives, exxviii. 186; printed in Toppan's Randolph, iv. 221, where "Spragg" and "Deputation" are wrongly printed "Spraug" and "dignitatem." Cf. Toppan's Randolph, iv. 217, vi. 269, 270.).

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