A bill for Amending & fining all persons within this Province of newyork refusing to WHEREAS his Majties espetiall service In ye P'sent Warr wth the ffrench & their adherents requires that there be apointed severall Officers Civill & Military for due administering ye Lawes p'serving the Peace & keeping the Inhabitants In a good posture of Defence agst said ennemys & that severall persons might not refuse or be backward In serving his said Majtie In any Employment Civill or Military under the Comission of his said Majties Lievt Governor of ye sd Province whereby his said Majties service & Safety of this Province might be much hindred & obstructed BEE it therefore enacted & it Is hereby enacted by the Gen1l assembly & by ye authority of ye same that if any Person or Persons Chosen, nominated, Constituted, ordained or Commissionated by his sd Majties Lievt Governor to serve In any Employment Civill or Military wthin any of ye Countyes of sd Province & shall refuse to accept receive or execute any Comission or Comissions unto him or them directed by the said Lievt Governr that then & in such Case ye Said Person or Persons be amended & fined to pay ye Sume of Seaventy five Pounds Currt money of this Province & by refusall thereof that the same be forthwith strained by Warrant from said Lievt Governr on the goods & Chattles of every Person or Persons so refusing to serve as aforesaid Provided alwayes & be it further enacted that ye sd fine so Payd or strained as aforesaid shall be aplied for his Majties use In suporting & defraying ye Charges of this Prsent Warr against ye ffrench and their adherents in ye City County or toune where the same shall happen to be Payd or strained as aforesaid & be it further enacted by the Authority aforesaid that all persons who shall Depart ye City & County of albany or County of Ulster being Inhabitants or ffreeholders Without spetiall Lycense from the authority Comissionated by the said Lievt Governr shall forfeit & Pay the sume of one hundred Pounds Currt money to be Levied on ye goods & Chattles of every person or persons șo departing as aforesaid & for any such person whose estate shall not amount to the sum of one 'hundred Pounds that the sd Persons be fined to ye Discrecon of ye Lievt Govern': & his Councill which said sume or fines are to be applyed to the use aforemenconed & that no Wares goods or Merchandises shall be brought doune hudsons River or transported out sd City & Counties wthout such lycense as aforesaid under Penalty of Confisca con of ye same & to be aplyed to ye use aforesaid except Come (after sufficient store left for the Militia & Inhabitants of sd City and Counties) bevres & Peltry & other necessaries and be it further enacted by the authority aforesaid that all persons all ready departed from the said City & Countys do returne wthin the time of fourteen dayes after Publicacon hereof (except absolute necessity) at their utmost Perills Octobr 4th 1690: After three times reading this Bill is assented to by the Lieutenant Governor & Councill this 4th of October in the second year of their Majties Reign anoq: dom: 1690 JACOB LEISLER: The Representatives have assented to this bill (after three times Reading) & orded to be sent to ye Lievt Governr & Councill for their assent JOHN SPRATT Speaker *VOL. II. 26 His Excellency Henry Sloughter Esq Captaine Generall & Governour in Chiefe over this Territory and Vice Admirall of these seas arrived at New Yorke and repaired to the Town hall of this Citty and there in the presence of the People Published their Matyes Lres Patents for the Government of this Province and Territory of New Yorke in America and parts annexed and had the oaths by Act of Parliamt appointed insteade of the oaths of Allegiance and Supremacy and the oath for the Due Administracon of his Government Given him by the Members of their Matyes. Council underwritten administred to him and ordered the said Letters Patents be recorded And forthwith Ordered Major Ingoldesby with his foot Company to Demand Entrance into the ffort who returned and brought with him Joost Stool who was admitted to the Governour and brought a Letter from Capt Leisler and received answer that His Excellency was Glad that Stoll had Seen him in England as well as now att New Yorke and that Majr Ingoldesby with his Compy should now goe the second time to receive the ffort into possession That the Souldiers laying down their armes might goe every man to his house that he Expected that Leisler Milbourne and such as are called his Council Doe immediately attend and that Coll. Bayard and Mr Nicolls be dismissed from their Imprisonment to attend his Matyes Service being appointed Members of the Council. Majr Ingoldesby at his second returne brought with him Milbourne and Delanoy and being Enquired of for Coll Bayard and Mr Nicolls the two Gentle of the Council informed that Leisler refused to mak any attendance himselfe or to Dismisse the said Gentlemen Whereupon Milbourne and Delanoy were Committed to the Guards and the Majr again Sent to Demand the sd Gentlemen's Dissmission Leisler's Surrender of the ffort and attendance upon his Excellency all which was peremptorily and with Contempt refused and then the Governor directed the Council to sit in the Morning. Delivered to the Secy. 29 papers sent by their Matyes relateing to Leisler alsoe five papers sent from Albany. Coll Bayard and William Nicolls were sworne of the Council and took their places at the board. Jacob Leisler Was brought Prisoner to this board and was Ordered to be committed to the Guards and took of him the King's letter Directed unto ffrancis Nicholson Alsoo brought Prisoners Abraham Governeur Gerrard Beeckman Willm Churcher Cornelius Plevier Henrick Janse Van Boerton William Laurence Thomas Williams John Coe Myndert Coarton Robt Leacock Johannes Vermillie who were Committed to the Guards. *LEISLER TO GOV. SLOUGHTER. Fort William March the 20. 1690-1 MAY IT PLEASE YOUR EXCELLENCY-This his Majesty's fort being besieged by Major Ingoldesby so farre that not a boat could depart, nor Persons conveyed out of the same without to be in danger of their Lives which hath occasioned that I could not be so happy as to send a messinger to give me the certainty of Your excellency's Safe arrival & an account of what was published, of which I am ignorant still but the Joy I had by a full assurance from Ensign Stoll of your Excellency's arrival has been something troubled by the detencon of Ye two my Messengers, I see very well the stroke of my enemies who are wishing to cause me some mistakes at the End of the Loyalty I owe to my gracious King & Queen & by such ways to Blatt out all my faithfull service till now but I hope have care to commit such an error, having by my duty & faithfulnesse being vigerous to them, Please only to Signify & order the Major in releasing me from his Majesties fort delivering him only his Majesties Armes with all the Stores & that he may act as he ought with a person who shall give Your excellency an exact account of all his actions & conduct, who is with all the request, Your Excellency's Most Humble Servt JACOB LEISLER [From the Office files. L To His Excellency Colonel Henry Sloughter Capa Gen1l & Governor of their Maties THE humble Peticon of Capn Jacob Leisler, Peter DeLanoy, Gerardus Beeckman, Thos Williams, THAT Yor Petitions are certified by Cap Blagge, that after hearing of their Case set forth in an humble Peticon to the Kings most Excellent Matie & Councill, he received for answer: vizt That Copies of all Papers Thereunto relating should be giuen your Excy To judge of matters as they should be found on yor arrivall at New York &c. THAT yor Petrs are under apprehension that yor Exey is enformed that the ffort was Detained (after yo arrivall here) in disobedience to his Matie or yor Excy for some ill designe, when in truth it was purposely kept untill yo'selfe appeared, whose arrivall was with paine longed for to discharge them & heale those unhappy troubles which haue arrisen since Major Ingoldesby came hither, as may appear by a Letter sent to Bermuda, & other declarative Testimonialls to the said Major &c whome nothing would suffice but immediate possession of the said Fort, & consequently the Governmt THAT yor Petition's are enformed, they are to be proceeded against by other methods, before their Case be heard by yor Excellency. WHEREFORE yor Petrs humbly Pray yor Excy to vouchsafe a hearing of the matter before y'selfe, allowing such time to prepare themselves as to yor Wisdome, and goodnesse seemeth meete, craving in the meane time Suspencon of other Proceedings against them. And as in duty bound yor Petrs shall pray &c. PETITION OF LEISLER'S COUNCIL. To His Excellency Colonel Henry Sloughter Captn Genl & Governor of New York The humble Peticon of Peter d'Lanoy, Gerardus Beeckman, Tho" Williams, Hendk Janse, Johannes Vermelje, William Laurence, Robt Le Cock, & Jacob Millborne, Members of the late Council to Capta Jacob Leisler, &c. SHEWETH THAT yor Petitionrs are confined to a Place wch will not admit of common conveniency for life, & nature whereby they are straightned to make such applicacons as becomes them. THAT yor Petition's conceive themselves very happy in yor Excellency with assurance that the equity of their case will not abate by so excellent a Chancellor, when seasonable Addresses to yor selfe shall be permitted: Notwithstanding their present circumstances-occasioned (as they suppose) through harsh informacons. WHEREFORE yor Petitionrs wth humble confidence-attend yor Excellency's farther pleasure concerning them. And yor Petition's as in duty bound shall pray &c. [N. Y. Counc. Min. ] At a Council held the 23d March 169f. Present as before & Wm Nicholls. Mr Pinhorne abst Coll Dudley Mr Cortlandt & Mr Brookes are appointed a Committe for the Examination of the Prisoners in order to their Mittimus to the Common prison of this Citty-from the Guard where. hitherto they have been held and that they proceed therein forthwith, and that they be attended by the Secy and Attorney Generall. At a Council held at ffort William Henry March the 24th 1690. Present as before & Wm Pinhorne. Ordered that there be a Speciall Commison of Oyer and Terminer directed to the Judges whom His Excellency will forthwith name with Sr Robert Robinson Coll. William Smith William Pinhorne and John Laurence Esqrs Capt Jasper Hicks Majr Richard Ingoldesby Coll John Young and Capt. Isaac Arnold to hold a Court of Oyer & Terminer For the Triall of the Persons imprisoned accused of Rebellion and Murder and their accomplices and they or any six of them one of the Judges always being one to proceed in the said Court. 26 March. 1691. The remaining Prisoners not yet Examined are referred to the former Comitte for Examinacon and such as are by them Judged meet to be dismissed the Prison upon Giving bond of the Good behaviour and attendance at the next Sessions of the peace of this Citty. * WARRANT FOR JACOB LEISLER'S COMMITMENT TO PRISON. City & County of New-York We John Laurence & William Pinhorne Esqrs two of their Majesties Justices for keeping of the peace within the City County of New Yorke as also for hearing & determining of divers felonies, trespassed & other misdemeanours within the City & County assigned to the Sheriffe of the said City & County Greeting [L. S.] John Lawrence, [L. S.] William Pinhorne For that Jacob Leisler late of the City of New York merchant hath been arrested for traiterously levying war against our Sovereign Lord & Lady the King & Queene in their realme & province of New York aforesaid for the Counterfeiting their Majesties great seal of said province for felouniously murdering of John, alias Josias Browne of the said City Labourer & for others, high misdemeanours by him perpetrated & done, Therefore in behalf of our Sovereign Lord & Lady the King & Queen, we command you, that you receive the said Jacob Leisler into your Custody & him safely keep untill he shall be thence delivered according to Law & this shall be your sufficient warrant. Given under our hands & Seal the 26th of March in the third year of the reign of our Sovereign Lord & Lady William & Mary King & Queen over England &c 1691 THOMAS CLARKE. Att a Council held at ffort William Henry the 30th March 1691. Absent Wm Nicolls & Chidley Brooke Coll. Nicholas Bayard Steph V. Cortlandt & Willm Pinhorne Esqrs are appointed a Comitte for preparing of evidences agst the Prisoners and Mr Wm Nichols Mr George ffarewell and Mr James Emmott are assigned of the Kings Council in that affair. At a Council &c April ye 1. 1691 Present the Govern & all the members, except Wm Nicholls. An account of Macgregeries buriall slain in their Matyes service appointed to be audited by Mr Collector & Mr Courtlandt and that they also audite all other Accounts of charges before his Excellencys Arrivall. |