the control of London, and with this in view he sent a new commission to Dongan in 1686 in which all reference to a representative assembly was omitted. Under its terms all powers of legislation and taxation were to be once more vested in the governor and council.

This commission, indeed, was merely a preliminary to a still greater centralization under royal control; for two years later New York was annexed to New England and the entire district placed under the administration of Governor Andros. The attempts of the latter, however, to bring the various provinces into a more unified scheme of government were frustrated by the Revolution of 1688-89.

SOURCE-J. R. Brodhead, Documents Relative to the Colonial History of the State of New York (Albany, 1853), III, 377-382.

James the Second by the grace of God king of England, Scotland, France and Ireland Defender of the ffaith & To our trusty and welbeloved Thomas Dongan Esqr Greeting. Wee reposing especial trust and confidence in the prudence, Courage and loyalty of you the said Thomas Dongan out of our especial Grace certain knowledge and meer motion Have thought fit to constitute and appoint and Wee doe by these presents constitute and appoint you the said Thomas Dongan to bee our Captain General and Governor in chief in and over our Province of New York and the Territories depending thereon in America. And Wee doe hereby require and command you to doe and execute all things in due manner that shall belong unto your said command and the trust wee have reposed in you, according to the several powers and directions granted or appointed you by this present Commission and the instructions herewith given you, or by such further powers, Instructions and authoritys as shall at any time hereafter be granted or appointed you under our Signet and Signe Manual, or by our order in our Privy Council, and according to such reasonable laws and Statutes as now are in force or hereafter shall be made and agreed upon by you with the advice and consent of the Council of our said Province under your Government in such manner & form as is hereafter expressed.

And wee doe hereby give and grant full power to you the said Thomas Dongan, after you shall have first taken an oath for the due execution of the Office and Trust of our Captain General and

Governor in Chief in and over our said province of New York and the Territorys depending thereon (which our said Council or any five of them have hereby full power and Authority and are required to administer unto you) to give and administer to each of the members of our said Council as well the Oath of Allegiance as the Oath for the due execution of their places and trust.

And wee doe hereby give & grant unto you full power and authority to suspend any of the members of our said Council from sitting, voting and assisting therein, if you shall find just cause for soe doing.

And if it shall at any time happen that, by the death, departure out of our said Province or suspension of any of our Councilors, there shall bee a Vacancy in Our said Council (any three whereof wee doe hereby appoint to bee a Quorum) Our will and pleasure is That you signify the same unto us by the first opportunity that wee may under our signet and sign manual, constitute and appoint others in their Room. But that our Affairs, at that distance may not suffer for want of a due number of Counselors if ever it shall happen that there be less than seven of them residing in our said province, Wee doe hereby give and grant unto you full power and authority to chuse as many persons out of the principal ffreeholders, Inhabitants thereof, as will make up the full number of our said Councill to bee seven and noe more. Which persons by virtue of such choice shall be to all intents and purposes Councilors in our said Province untill they shall be confirmed by us, under our Sign Manual and Signet, the said Council shall have seven persons in it.

And wee doe hereby give and grant unto you full power and Authority, with the advice and consent of our said Council or the major part of them, to make, constitute and ordain Laws, Statutes and Ordinances for the publick peace, welfare & good Government of our said Province and of the people and inhabitants thereof and such others as shall resort thereto, and for the benefit of us, our heirs and successors.

Which said Laws, Statutes and Ordinances are to bee (as near as conveniently may bee) agreeable to the Laws and Statutes of this Our Kingdom of England.

Provided that all such Laws, Statutes and Ordinances of what nature or duration soever bee within three months or sooner after the making thereof transmitted unto us under our Seal of New

York for our Allowance and approbation of them, as alsoe Duplicats thereof by the next conveyance.

And wee doe by these presents give and grant unto you full power and Authority by & with the advice and Consent of our said Council or the major part of them to Impose and Assess, raise and levy such rates and Taxes as you shall find necessary for the support of our Government of New York, to bee collected and levied and to bee imployed to the uses aforesaid in such manner as to you and to our said Council or ye major part of them shall seem most equal and reasonable.

And for the better supporting the charge of the Government of our said Province, our will and pleasure is and wee doe by these presents authorize & require you the said Thomas Dongan and Our said Council to continue such Taxes and Impositions as are now laid and imposed upon ye Inhabitants thereof, and to levy and distribute or cause the same to bee levied & distributed to those ends in the best and most equall manner they can untill you shall by & with the consent of our said Council agree on and setle such other Taxes as shall bee sufficient for the support of Our Government, which are to bee applied to that use and noe other.

And our will and pleasure is that you shall & may keep & use ye publick Seal appointed or to bee appointed by us for our Province of New York. . . .

And wee doe further give and grant unto you full power and Authority, with the advice and consent of our said Council to erect, constitute and establish such and soe many Courts of Judicature and publiq' Justice within our said Province and the Territorys under Yor Government as you and they shall think fit and necessary for ye hearing & Determining of all Causes as well Criminal as Civil according to Law and Equity, and for awarding of Execution thereupon with all reasonable and necessary powers Authoritys fees and Privileges belonging unto them; as alsoe to appoint and Commissionat fitt persons in the several parts of your Governmt to administer the Oath of Allegiance unto such as shall be obliged to take the same.

And wee doe hereby authorize and empower you to constitute and appoint Judges, Justices of ye peace and other necessary Officers & Ministers in our said Province of New York for the better administration of Justice and putting the Laws in execution. And to administer such Oath or Oaths as are usually given

for the due execution and performance of Offices and places, and for the clearing of Truth in Judicial Causes.

And wee doe further by these presents will and require you to permit appeals to be made in cases of Error from our Courts of New York, unto our Governor and Council in Civil Causes; provided the value appealed for doe exceed the summ of one hundred pounds sterl, And that security bee first duly given by the Appellant to answer such Charges as shall bee awarded in case the first sentence shall be affirmed.

And whereas wee Judge it necessary that all Our Subjects may have liberty to appeal to Our Royal person in cases that may require the same; Our will and pleasure is that if either party shall not rest satisfied with the Judgement or Sentence of Our Gov & Council they may then appeal unto us in Our Privy Council. Provided the matter in difference exceed the real value and summ of Three hundred pounds sterls and that such Appeal be made within one fortnight after sentence And that security bee likewise duly given by the Appellant to answer such charges as shall bee awarded in case the sentence of ye Govermt and Council bee confirmed; And provided alsoe that Execution bee not suspended by reason of any such appeal unto us.

And wee doe hereby give and grant unto you full power and authority where you shall judge any Offender or Offenders in Criminal Matters or for any ffines or forfeitures due unto us fit objects of our Mercy, to pardon and remit all such Offenders, ffines or forfeitures before or after Sentence given, Treason & wilful Murther only excepted; In which cases you shall likewise have power, upon extraordinary occasions to grant Repreives to the Offenders until our Royall pleasure may be known therein.

And wee doe, by these presents authorize and impower you to collate any person or persons in any churches, chapells, or other Ecclesiastical Benefices within our said Province and Territorys aforsaid as often as any of them shall happen to bee void.

And wee doe hereby give & grant unto you the said Thomas Dongan, by Yo' self, your Captains & Commanders by you to bee authorized, full power and authority to levy, arm, muster, command and imploy all persons whatsoever residing within Our said Province of New York and other the Territorys under your Government; And as occasion shall serve them to transferr from one place to another for the resisting and withstanding of all Enemys, Pirats and Rebells both at Sea and at Land. And to

transport such fforces to any of our Plantations in America as occasion shall require for the defence of the same against the Invasion or Attempts of any of our Enemys.

And them, if occasion shall require, to pursue and prosecute in or out of the limits of our said Province and Plantations or any of them.

And, if it shall soe please God, them to vanquish apprehend and take, and being taken either according to the law of Arms, to put to death or keep and preserve alive at your discretion.

And to execute Martial Law in the time of Invasion, Insurrection or Warr, and during the continuance of the same, as alsoe upon Soldiers in pay. And to doe and execute all and every other thing or things which to a Captain General doth or ought of right to belong, as fully & amply as any our Captain General doth or hath usually done.

And wee doe hereby give and grant unto you full power and authority to erect, raise and build in our Province and Territorys aforesaid or any of them such and soe many fforts Platforms, Castles, Cittyes, Burroughs, Townes and ffortifications as you shall judge necessary..

And our further will and pleasure is That you shall not at any time hereafter, by colour of any power or authority hereby granted or mentioned to bee granted, take upon you to give, grant or dispose of any office or Place within our Province and Territorys, which now are or shall bee granted under the Great Seal of England, any further than that you may upon the vacancy of any such Office or suspension of any Officer by you, put in any person to officiate in the Intervall until the said place bee disposed of by us under the Great Seal of England, or that our Directions be otherwise given therein.

And wee doe hereby require and command all Officers and Ministers Civil and Military, and all other Inhabitants of our said Province and the Territorys depending thereon to bee obedient, ayding and assisting unto you the said Thomas Dongan in the Execution of this our Commission, and of the Powers and Authoritys therein contained;

And in case of Your Death or absence out of Our said Province unto such person as shall bee appointed by us to bee Commander in Cheif, to whom wee doe therefore by these Presents give and grant all and singular ye powers and Authoritys aforesaid to bee executed and enjoyed by him during our pleasure,