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<DATE>2014-10-27</DATE>
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<NAME>Kate Allen</NAME>
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<DIV1 TYPE="modern bookplate">
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<P>GIVEN TO THE <HI>Massachusetts Historical Society</HI> BY</P>
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<DIV1 TYPE="title page">
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<P>A Mode&s;t and Impartial NARRATIVE Of &s;everal Grievances and <HI>Great Oppre&s;&s;ions</HI> That the Peaceable and mo&s;t Con&s;iderable Inhabitants OF Their Maje&s;ties Province OF NEW-YORK IN AMERICA Lie Under, By the Extravagant and Arbitrary Pro|ceedings of <HI>Jacob Ley&s;ler</HI> and his Accomplices.</P>
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<DIV1 TYPE="publisher's note">
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<P>THe Reader is hereby adverti&s;ed, That the Matters con|tained in the following Declaration and Narration, were intended to have been pre&s;ented to the Mayor's Court in <HI>New-York,</HI> the 21th of <HI>January</HI> last pa&s;t, but that the Fury and Rage of this In&s;olent man <HI>Ley&s;ter,</HI> was grown to that highth, that the day before, by his order, &s;everal Per&s;ons of Note were vio|lently &s;eized, and divers Hou&s;es broken open, &s;o as it was not thought &s;afe to proceed in &s;uch Method. For which rea&s;on its thought well to publi&s;h the &s;ame, for information of all into who&s;e hands it may come, but more e&s;pecially for the benefit of our fellow Inhabitants, who are abu&s;ed by the fal&s;e Pretentions of this com|mon Violater of our Laws and Liberties, as by the following Nar|rative will plainly appear, Wherein, the Courteous Peru&s;er is de&s;ired to take notice, it hath been our, great Care to rulate nothing but Matters of Fact, of which we have &s;ub&s;tantial Credible Evidences.</P>
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<DIV1 TYPE="narrative">
<PB N="3" REF="4">
<HEAD>The Narrative, &amp;c.</HEAD>
<P>OUT of the deep Sence we have of the good Provi|dence of Almighty God, in their Maje&s;ties happy Acce&s;&s;ion to the Imperial Crown of <HI>England, &amp;c.</HI> In the fir&s;t place, We, in a mo&s;t Chri&s;tian manner, with Hearts and Hands lifted up to Heaven, give Glory to Al|mighty God, for this &s;o happy a Revolution, whereof it hath plea&s;ed the mo&s;t High to appear the principal Author. In the next place, We cannot but declare and publi&s;h to the World our Hearty &amp; Thankful Re&s;entments of the Noble, though Hazardous Enterpri&s;e of the late Prince of <HI>Orange,</HI> our now mo&s;t Dread Soveraign, King of <HI>England, Scotland, France</HI> and <HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c.</HI> the Noble Hero of this Age, for the Pro|te&s;tant Religion, and the Pre&s;ervation of the Laws and Liberties of the Engli&s;h Nation unviolated, manife&s;ting hereby, that as in Duty bound, &s;o in point of Gratitude, we can do no le&s;s than Dedicate our Lives and Fortunes to their Maje&s;ties Services, with our mo&s;t &s;erious and continued Prayers for their Maje&s;ties long and happy Reign over us, being well &s;atisfied in our &s;elves, that what our Native Land &s;o plentifully enjoys under their Reign, to wit, the Laws and Liberties of the <HI>Engli&s;h Nation.</HI> We (though in|habiting a remote part of their Dominion) &s;hall &s;hare with them in the common Propriety.</P>
<P>In con&s;ideration whereof in all Humble and Obedient manner, as Dutiful Subjects to their Maje&s;ties, and Well-wi&s;hers
<PB N="4" REF="5">to this their Province of <HI>New-York,</HI> We can do no le&s;s than in the pre&s;ence of God, and to the World, declare our Abhorrance and Di&s;like of the Unrea&s;onable, Illegal and Arbitrary Proceedings of &s;ome men inhabiting with us in this their Maje&s;ties Province, who have u&s;urped Authority over us.</P>
<P>Again&s;t all &s;uch Proceedings of theirs, hereafter faithfully and impartially &s;et down, and again&s;t them, as the Actors thereof, we do hereby publickly Declare and Prote&s;t.</P>
<P>Now to the end the Rea&s;onablene&s;s of this our Prote&s;ta|tion may appear unto all to who&s;e hands it may come, we count our &s;elves obliged to give a brief Recital of the Care of our late Lieutenant Governour <HI>Francis Nichol&s;on,</HI> for the more peaceable quiet and &s;atisfactory governing this their Maje&s;ties Province.</P>
<P>To obviate all &s;u&s;picion of Jealou&s;ies that might ari&s;e in ill affected Turbulent Spirits, our &s;aid Lieutenant Governor by and with the con&s;ent of &s;o many of the Council as here re&s;ided (upon the whi&s;pering of the late happy Change) did convene together the Mayor, Aldermen and common Council Men of the City of <HI>New-York,</HI> with all the Comi&s;|&s;ion Officers of the Militia of this City and County; at which Convention our &s;aid Lieutenant Governour propo&s;ed to admit of part of the Train-bands of this City and County to take their turns of Watching and Warding within their Maje&s;ties Fort, under their own Officers; And further offered, with the advice and con&s;ent of his Council, Civil and Military Officers, there met and a&s;&s;embled, That the Cu&s;toms formerly paid by the Inhabitants of this Province, &s;hould &s;till continue, only with this alteration, that where|as formerly it was expended and laid out in defraying of the Charges of the Government, and Souldiers in pay in the Garri&s;on, it &s;hould thence forward be imployed in the for|tifying
<PB N="5" REF="5">and putting this City in a po&s;ture of Defence again&s;t a Forreign Enemy, on which the Well-fare and Safety of this Province &s;o much depends.</P>
<P>In pur&s;uance of the &s;ame, an order i&s;&s;ued forth from the &s;aid Convention, &s;igned by the Lieutenant Governor, his Council, the Mayor and Alder-men of this City, and mo&s;t of the Commi&s;&s;ion-Officers of the Militia, none &s;howing &s;o great a di&s;like to it as <HI>Jacob Lei&s;ler,</HI> one of the Captains of the Train-bands of this City, who at that time had a Ship loaden with Wines, the Cu&s;toms whereof amounted to up|wards of one hundred Pounds, the payment of this he ut|terly refu&s;ed, alledging, <HI>The Collector being a</HI> Papi&s;t, <HI>was not qualified to receive it, denying the then Power to be legal;</HI> but whether for that or his own private Intere&s;t, let the impar|tial judge.</P>
<P>The turbulent mind of this Per&s;on not being &s;atisfied in denying the payment of the u&s;ual Cu&s;toms, though appointed for the u&s;e afore&s;aid, he &s;ets him&s;elf upon invent|ing wayes how he might overturn the Government, which was then peaceable and quiet. The fir&s;t thing he falls upon was to &s;tir up and annimate the People of the Ea&s;t end of <HI>Long-I&s;land</HI> to advance, with &s;ufficient Force to take Po&s;&s;e&s;|&s;ion of the Fort, le&s;t it &s;hould be in danger of being deli|vered up to a Forreign Power; this readily took with them, who&s;e Minds were already heated by the Example of <HI>Bo&s;ton,</HI> in clapping up of our Governour Sir <HI>Edmund Andres,</HI> and after &s;ome Con&s;ultations among&s;t them&s;elves, they put for|ward in a Ho&s;tile manner, increa&s;ing as they came along the <HI>I&s;land,</HI> until they were &s;o far advanced as the Town of <HI>Jamaica,</HI> being then about Eighty in Number, where they hal<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ed, and &s;ent up three of their principal Leaders to di&s;|cour&s;e the Lieutenant Governour, who upon their coming convened his Council, the Mayor and Alder-men of this
<PB N="6" REF="6">City, and the Commi&s;&s;ion-Officers of the Militia of City and Country, into which Convention the Per&s;ons &s;ent were admitted; where after &s;ome long debates, they &s;eemingly went away &s;atisfied, at lea&s;t &s;o far as that they and the men accompanying them, returned home to their own Towns and Habitations, without doing the lea&s;t hurt or damage to any.</P>
<P>This Stratagem failing our Ma&s;&s;anello <HI>Ley&s;ler,</HI> in a &s;hort time after a Rumor was &s;pread among&s;t the quiet Inhabitants of this City, of a horrible De&s;ign, there was of Murdering them, their Wives and Children, as they were Wor&s;hipping of God in the <HI>Dutch</HI> Church within the Fort, and the Sun|day prefixed, when this cruel Act was to be accompli&s;hed; Capt. <HI>Ley&s;ler</HI> in the mean time in&s;tigating and &s;tirring up the Inhabitants to Self-pre&s;ervation again&s;t this imaginary De&s;ign, which &s;o far prevailed with part of the Inhabitants, as that the <HI>Friday</HI> before the <HI>Sunday</HI> markt out by this Report for the pretended Ma&s;&s;acree, they ro&s;e in a Ho&s;tile manner; the fir&s;t who appeared in Arms were &s;ome under <HI>Ley&s;ler</HI>'s Command, who (as the Plot was laid) went to the Hou&s;e of their Captain, and threatned to &s;hoot him if he would not head them. This no ways &s;urprized the couragious Captain; a &s;ub&s;tantial Rea&s;on why, him&s;elf being the &s;ole Contriver of it: Yet whether prevailed mo&s;t, the want of Valour, or the Apprehen&s;ions, if he &s;hould mi&s;carry in this bold Attempt, the Country would be de&s;titute of one &s;o fit as him&s;elf to Command, we leave to the Judicious to determine.</P>
<P>However it was, it &s;eemed not good unto this Champion to venture him&s;elf, but commits the Conduct of his men unto one <HI>Stoll,</HI> famous for nothing, unle&s;s his not being worth a Groat; up marches <HI>Stoll</HI> with his brisk Followers, and to the Fort Gates they draw near, where they met
<PB N="7" REF="6">with a very civil Gentleman, one <HI>Hendrick Cuyler,</HI> left under Capt. <HI>Abraham Depey&s;ter,</HI> who commanded that part of the Train-bands, who by turn had the Guard in the Fort that day; this Per&s;ons Civility was &s;uch, that its hard to deter|mine whether <HI>Stoll</HI> and his party without were more de&s;i|rous to enter, than he within was ready to open the Gates to them. In fine, Entrance they had, with great Accla|mations and Joy on both &s;ides, that &s;o Meritorious a De&s;ign was not prevented.</P>
<P>How far this valiant Lieutenant <HI>Cuyler,</HI> in this ba&s;e act of his, hath an&s;wered the <HI>Law of Arms,</HI> or the Tru&s;t repo&s;ed in him, we will not now determine; but &s;ure we are, the &s;ea&s;on they took for accompli&s;hing this their Unman-like Contrivance, doth not a little add to their Crime, it being at that juncture of time when our Lieutenant Governor and the Conventment (whereof we have before made mention) were con&s;ulting for the more orderly, quiet and peaceable governing this their Maje&s;ties Province, who at this &s;uddain Change were &s;tartled, and acted what was left in their Power, publickly prote&s;ting again&s;t this rude Action, and the Actors thereof.</P>
<P>By this time their great Champion <HI>Ley&s;ter</HI> being well a&s;&s;u|red all danger and hazard was over, he mo&s;t couragiou&s;ly girds on his Sword, marches &s;toutly up to the Fort, in order to his carrying on the Game he had &s;o fairly begun, where he is joyfully received, and a Con&s;ultation immedi|ately held, how they &s;hould obtain the Keyes of the Fort, which the Lieutenant Governor had in Cu&s;tody, being in the City Hall, where he was in Con&s;ultation, as is already hinted.</P>
<P>The Evening approaching, Capt <HI>Lodwick</HI> and his Com|pany advances to the Fort to mount the Guard, as his turn was; &s;ome time after his being in the Fort nothing would &s;atisfie the tumultuous Multitude, but that three or four
<PB N="8" REF="7">Files of men mu&s;t be &s;ent, under the Command of <HI>William Churchill,</HI> Sergeant, to Capt. <HI>Lodwick,</HI> to fetch the Keyes from the Lieutenant Governour [A fitter Per&s;on for &s;uch a Me&s;&s;age could not be &s;ent than this <HI>Churchill,</HI> infamous for his Matenous and Turbulent Spirit] With much In&s;olence this impertinent impudent Fellow ru&s;hed into the Room where the Lieutenant Governour was, and demanded the Keyes; the Lieutenant Governour commanded him to call his Captain, who was prevailed with to come, hoping thereby to appea&s;e the People, unto whom the Lieutenant Governor delivered the Keyes, and Capt. <HI>Lodwick</HI> returning to the Fort, the expectations of the Multitude being an&s;|wered, after publi&s;hing <HI>Ja. Lei&s;ler</HI> Colonel, all leave the Fort to Capt <HI>Lodwick</HI> and his Company, who &s;tayed their u&s;ual time, and it was then agreed upon among&s;t the Captains, that each &s;hould take his turn to re&s;ide in the Fort as chief, till their Maje&s;ties plea&s;ure &s;hould be further known.</P>
<P>The Lieutenant Governour, his Council and Convention afore&s;aid, taking into their &s;erious Con&s;iderations what danger the Moneys was in, paid by the Inhabitants of this their Maje&s;ties Province, as well for Cu&s;toms as publick Taxes, which at that time was &s;ecured in the Fort. The &s;aid Convention agreed upon and ordered, the Moneys &s;hould be removed to the Hou&s;e of <HI>Frederick Phillips,</HI> one of the Council, a man of known Credit, and the mo&s;t con&s;i|derable for E&s;tate in their Maje&s;ties Province.</P>
<P>This was concluded on the day our U&s;urper <HI>Lei&s;ler,</HI> by his In&s;truments, &s;eized the Fort, being the 31th day of <HI>May</HI> la&s;t pa&s;t. But to no purpo&s;e was this Agreement of the Convention; for tho&s;e who had made them&s;elves Ma&s;ters of their Maje&s;ties Fort, were re&s;olved to command the Mo|ney too, being the Sum of <HI>Seven Hundred Seventy Three Pounds,</HI> which they peremptorily denyed the Removal of,
<PB N="9" REF="7">when demanded by the Lieutenant Governour, in pur&s;uance of the Order afore&s;aid. How they have di&s;po&s;ed of this Money, is not our pre&s;ent bu&s;ine&s;s to enquire; we leave that until the happy Arrival of a Governour legally commi&s;|&s;ionated from the King.</P>
<P>The Fort being thus in Po&s;&s;e&s;&s;ion of the Captains of this City, by turns, all the Violence u&s;ed for &s;everal dayes, was, that upon the arrival of any Ve&s;&s;el, great or &s;mall, a file of Mu&s;queteers were &s;ent on board, the Ma&s;ters and Pa&s;&s;engers carried to the Fort, and the Letters taken from them, &s;ome whereof were open'd, and publickly read among&s;t the People. Never the like known in this place, under any former <HI>Engli&s;h</HI> Governour.</P>
<P>This is too little to &s;atisfie the in&s;atiable Ambition of this Grand U&s;urper <HI>Ley&s;ler,</HI> who could not content him&s;elf with the &s;tation Nature had fitted him for, and placed him in, but his &s;oaring a&s;piring mind, aiming at that which neither his Birth nor Education had ever qualified him for, to wit, to be their Maje&s;ties Lieutenant Governour of this Province, making no matter of Con&s;cience how illegally he attained thereunto, whether by U&s;urpation or otherwi&s;e. It being his turn to command in chief in their Maje&s;ties Fort the third day of <HI>June</HI> pa&s;t, he cau&s;ed an Alarm to be beat, that he might accompli&s;h his Wicked De&s;igns, the intent of this Hubbub being only to en&s;nare tho&s;e of the Inhabitants, who till that day had kept them&s;elves clear of the&s;e Actions.</P>
<P>The Inhabitants unanimou&s;ly appeared in Arms that day, to &s;top the Mouthes of their Gain-&s;ayers, and were headed by their Colonel <HI>Nicholas Bayard,</HI> tho' many of them &s;en&s;ible it was only a Sham - Alarm, as it afterwards proved.</P>
<P>They being all drawn up on a plain before the Fort, and no appearance of an Enemy, Colonel <HI>Bayard</HI> gave command to that Captain, who&s;e turn it was to work on the Fortifi|cations
<PB N="10" REF="8">of this City, That he and his Company &s;hould repair thither; and to the other Captains he gave command, that they &s;hould di&s;mi&s;s their men. But this not an&s;wering the end of tho&s;e who were made privy to the de&s;ign of <HI>Ley&s;ler,</HI> they march into the Fort without their Captains, who &s;tayed &s;o long on the Plain, until they were told, <HI>If they went not in, the Commonality would pull down their Hou&s;es, and they would be in danger of their Lives.</HI> To prevent which they followed their Companies, (in&s;tead of leading them) into the Fort, where a Paper was prepared to be &s;igned by every one, the Contents being, <HI>That with their Lives and Fortunes they would defend the</HI> Prote&s;tant <HI>Religion, and keep the Fort for King</HI> William <HI>and Queen</HI> Mary, <HI>untill their Maje&s;ties further Order.</HI></P>
<P>This being done, <HI>Ley&s;ler</HI> begins to think him&s;elf &s;ure of his Point.</P>
<P><HI>Gabriel Munveill,</HI> one of the Captains of the Train-bands, well con&s;idering the ill effects that &s;uch Proceedings would produce, wi&s;ely procures his di&s;charge from the Lieutenant Governour, and no more appeared among&s;t them: The re&s;t of the Captains continued their Command, more, as we are ready to believe, to do what in them lay, to prevent Mi&s;|chief, and check the In&s;olence of this proud U&s;urper, who&s;e immoderate de&s;ire after Greatne&s;s and Dominion over his fellow-Subjects, &s;o far infatuated him, as that upon all occa&s;ions, (e&s;pecially if any &s;trangers pre&s;ent) he hath publickly made his boa&s;ts, how he contrived and laid the whole De&s;ign, as is before related.</P>
<P>The next invention of <HI>Ley&s;ler</HI> was to annimate and &s;tir up the People to the choice of Committee-men, upon pretence of writing a Letter to the King, in behalf of the Country, and to con&s;ider the Reparations of the Fort, which was of ab&s;olute nece&s;&s;ity. However legal, this company of men
<PB N="11" REF="8">a&s;&s;embled were (who afterwards termed them&s;elves, <HI>A Com|mittee of Safety</HI>) we leave till a-fitter time to di&s;pute. But we cannot pa&s;s by the Method of their being cho&s;en, which we are &s;ure, was altogether illegal and di&s;orderly, there be|ing not one third part of the Inhabitants of this their Maje|&s;ties Province that conde&s;cended thereunto, nor was it ever intended by <HI>Ley&s;ler</HI> they &s;hould, lea&s;t by that means his ex|pectations &s;hould be fru&s;trated. In fine, A company of the&s;e men elected by the far lea&s;t Number of the Inhabitants, coming together in the Fort, two of them indued with more hone&s;ty, and a clearer di&s;cerning than the re&s;t, per|ceiving the main drift was to &s;et up <HI>Ley&s;ler,</HI> and make him Commander in chief, fairly and wi&s;ely with-drew them&s;elves, and after the fir&s;t time appeared no more among&s;t them.</P>
<P>The fir&s;t fruits of this un&s;afe Committee, as we have cau&s;e &s;ufficient to term them, was to make <HI>Ley&s;ler</HI> Captain of the Fort, reque&s;ting of the other Captains of this City, that they would yield him their a&s;&s;i&s;tance when de&s;ired.</P>
<P>Now begins this U&s;urpers greatne&s;s, which he is no ways wanting in improving (with the a&s;&s;i&s;tance of his Committee men) in all the Illegal Arbitrary Acts man in &s;o &s;hort time could be guilty of. His working Brain &s;tands not &s;till with commanding the Fort, nor were his de&s;ires fully an&s;wered thereby: Nothing le&s;s than Lording and Domineering in all Cau&s;es [Eccle&s;ia&s;tical, Civil and Military] will &s;atisfie this man, who was and is much a-like qualified for them all.</P>
<P>The Laws and Liberties of the Engli&s;h Nation (with which we have good cau&s;e to judge, he is little acquainted) he thinks no crime to violate, not regarding the Noble Ex|ample of the late Prince of <HI>Orange,</HI> our now mo&s;t renowned Soveraign King <HI>William,</HI> who for prevention of the Viola|tion of our Laws and Liberties, hath &s;o eminently appeared,
<PB N="12" REF="9">to the end they might be pre&s;erved in their due Channel.</P>
<P>This our proud U&s;urper finding the &s;weetne&s;s of an Arbitrary Power, agreeable with his Arbitrary Mind, deems it a fault in any, who objected the Law again&s;t his Illegal Proceedings, upon all &s;uch ocea&s;ions, he would angerly an&s;wer, <HI>What do you talk of LAW, the SWORD mu&s;t now Rule.</HI> As if that which was judged &s;o Hainous in our Native Land, would be deemed Meritorious in the&s;e parts of their Maje&s;ties Dominion.</P>
<P>Our neighbouring Colony of <HI>Connecticut</HI> being full of Di&s;|orders among&s;t them&s;elves, albeit they had a&s;&s;umed their former Government, a general Court of that Colony &s;itting, take upon them to &s;end two Per&s;ons to di&s;cour&s;e tho&s;e, who (by U&s;urpation) had taken Po&s;&s;e&s;&s;ion of their Maje&s;ties Fort of this Province Information being given unto the Mayor, Aldermen and common-Council of this City, met and a&s;&s;embled at the Mayor's hou&s;e the 22d of <HI>June</HI> la&s;t pa&s;t, that Major <HI>Gold</HI> and Capt. <HI>Fitz</HI> were &s;ent by <HI>Connecticut</HI> Colony, with orders to proclaim their Highne&s;&s;es, Prince and Prince&s;&s;es of <HI>Orange,</HI> King and Queen of <HI>England, &amp;c.</HI> That Board reque&s;ted Alderman <HI>William Merrit</HI> to go to the Fort, where tho&s;e two Gentlemen were, and de&s;ire the favour of them to come to the Mayor's Hou&s;e, which he accordingly did, and they complyed with the Reque&s;t: Being come to the Mayor's Hou&s;e, he &s;ignifies to them, The information was had of their coming to this place with directions to proclaim King <HI>William</HI> and Queen <HI>Mary,</HI> and de&s;ired they would acquaint them what Orders they had for it, that &s;o they (of this City) might be ready to &s;hew their forwardne&s;s to act in the &s;ame with &s;uch Honour and Splendor as the occa&s;ion required.</P>
<P>Major <HI>Gold</HI> and Captain <HI>Fitz</HI> an&s;wered, <HI>They came upon <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> &s;uch account, but came to the Per&s;ons that had the Fort in
<PB N="13" REF="9">Cu&s;tody, to di&s;cour&s;e about &s;ome particular Matters from their General Court; and that they did not know before they came from home but that the King had been already proclaimed here. That when they came to Town, going to the Fort, as they were &s;ent, they having the Proclamation about them, Mr.</HI> Jacob Ley&s;ler <HI>de&s;ired them to let him have the u&s;e of it to proclaim the King and Queen here.</HI></P>
<P>The Inhabitants being in Arms to this intent, by beat of the Drum the Mayor and Aldermen of this City (though not thought worthy to have any notice of it, till after they were proclaimed at the Fort) went to the City Hall to attend the Solemnity. Which being perform'd, <HI>Ley&s;ler</HI> de&s;ired the Mayor and tho&s;e with him, to go up to the Fort and drink the King and Queens Health, which they &s;hewed their readine&s;s to do. No &s;ooner were they come into the Fort, though by invitation of <HI>Ley&s;ler</HI> him&s;elf, but he tells them, <HI>The People were &s;o much incen&s;ed again&s;t them, that it would not be &s;afe for them to continue long there,</HI> and gave them his friendly advice to be gone. An Entertainment not unlike the Per&s;on that gave it.</P>
<P>Their Maje&s;ties being proclaimed in this Province, and a printed Proclamation coming to the hands of the Mayor and Aldermen of this City, <HI>That all Ju&s;tices of the Peace and Sheriffs &s;hould continue till further order, except</HI> Papi&s;ts, they cau&s;ed the &s;ame publickly to be read, requiring the Inhabitants to take notice thereof accordingly. This madded our proud U&s;urper, being aver&s;e to nothing more than a civil Govern|ment, which he knew mu&s;t needs curb and be a check to his In&s;olency.</P>
<P>Therefore to prevent this he gives his Malicious Spirit the full &s;wing, and endeavours afre&s;h to inflame the common People, by branding of tho&s;e who were in Commi&s;&s;ion of the Peace with being <HI>Papi&s;hly affected,</HI> for no other rea&s;on
<PB N="14" REF="10">than that they would not joyn with him in violating all our Laws and Liberties. His envious malicious Mind could not have vented it &s;elf in a more pernicious Fal&s;hood than this; for upon due Examination it will be found, that not one <HI>Papi&s;t</HI> or <HI>Popi&s;hly affected,</HI> throughout this their Maje&s;ties Province, were in <HI>Commi&s;&s;ion of the Peace,</HI> and that many whom he hath thus wickedly Scandalized, have always been of far greater Reputation, both in Church and State, than him&s;elf.</P>
<P>The Malice of this mans &s;pirit hath been &s;o general again&s;t all that would not &s;ay as he did, that the <HI>Dutch Mini&s;ters</HI> of the Reformed Churches within this Province, have not e&s;caped the La&s;h of his inveterate Tongue. Nor hath his Endeavours been wanting to create the &s;ame Di&s;orders and Confu&s;ion in Church as he hath already done in Govern|ment.</P>
<P>How far what is already related, evinceth this U&s;urper <HI>Ley&s;ler</HI> to be an enemy to and infringer of the Laws and Liberties of the <HI>Engli&s;h Nation,</HI> we leave to the judgment of the Impartial. Yet le&s;t all that he had hitherto acted were not &s;ufficient to declare his Aver&s;ne&s;s to the Laws and Liber|ties of the Free-born Subjects of <HI>England,</HI> he further proceeds to Action. And</P>
<P>On the 25th day of <HI>June</HI> la&s;t pa&s;t, going into the Cu&s;tom-Hou&s;e, where was pre&s;ent Commi&s;&s;ioners appointed by the Lieutenant Governours, Council, Mayor, Aldermen and common Council of this City, Colonel <HI>Nicholas Bayard,</HI> one of the Council, Mr. <HI>Paulus Richards,</HI> Mr. <HI>John Haynes,</HI> and Mr. <HI>Thomas Wenham,</HI> Merchants of this City, who were authorized by the Convention afore&s;aid, to receive the u&s;ual Cu&s;toms paid by the Inhabitants of this their Maje&s;ties Province, and the &s;ame to keep, until Orders came from their Maje&s;ties. The rea&s;on why this Convention took
<PB N="15" REF="10">upon them to authorize the Gentlemen before mentioned, was the particular Recommendation of the Lieutenant Go|vernour, con&s;idering the circum&s;tances of <HI>Matthew Plowman,</HI> Collector, and that he was not qualified, as their Maje&s;ties Proclamation, bearing date the 14th of <HI>February,</HI> 1688. directeth.</P>
<P>This Violator of our Laws and Liberties, going into the Cu&s;tom-Hou&s;e, as is above hinted, abu&s;es the Gentlemen then pre&s;ent with &s;currelous Language, peremptorily de|manding of them, <HI>By what Authority they &s;ate there?</HI> To whom they mode&s;tly replyed, <HI>That when he &s;atisfied them what Power he had to examine them, they would return him an&s;wer, but in the mean time de&s;ired him to go out of the Cu&s;tom-Hou&s;e, where then he had no bu&s;ine&s;s.</HI></P>
<P>In a little &s;pace after, this U&s;urper comes the &s;econd time, with his POWER, which was neither the Laws of <HI>Eng|land,</HI> nor this Province, nor yet a legal Commi&s;&s;ion, but a Company of men with SWORDS and GUNS, (according to his u&s;ual Maxim, <HI>The SWORD mu&s;t Rule, and not the LAWS</HI>) and by force of Arms turns them out of the Cu&s;tom-Hon&s;e. In which Violent Action of this U&s;urper, Colonol <HI>Bayard</HI> narrowly e&s;caped with his Life, who hath wi&s;ely, ever &s;ince, ab&s;ented him&s;elf, le&s;t by the In&s;tigation of this Malicious man he might be Murdered unawares.</P>
<P>The next Exploit this Violent <HI>Ley&s;ler</HI> falls upon, is to fullfill a Promi&s;e, he was heard to make in the beginning of our Troubles, <HI>That in two Moneths time he would do all the</HI> Engli&s;h <HI>Rogues bu&s;ine&s;s for them, &s;o that Two of them &s;hould not be &s;een to walk together.</HI> In pur&s;uance whereof, on the 14th day of <HI>Augu&s;t,</HI> he &s;ends &s;everal Armed men, with no other Warrant than their SWORDS and GUNS, to the Hou&s;e of Mr. <HI>Thomas Clark,</HI> a Merchant in this City, who
<PB N="16" REF="11">at that time was under &s;ome Indi&s;po&s;ition of Body, which they no wayes regarded, nor the Intreaty of his Wi&s;e, (then big with Child) who begged of them not to be &s;o Rude, his Children being frighted. They replyed, <HI>They mattered it not, if they were all Killed:</HI> And in a Violent manner they carried this Free-born Subject of <HI>England,</HI> and Free-man, to the Fort, where <HI>Ley&s;ler</HI> layes to his charge a Paper delivered by him unto the Committee, but prin|cipally that he &s;hould &s;ay, <HI>The next time the Dram beat an Alarm, he could rai&s;e four hundred Men.</HI> For no other rea&s;on is this Free-born Subject of <HI>England</HI> confined a clo&s;e Pri&s;oner in the Fort, without any Warrant of Commitment, where|in the cau&s;e of his Confinement ought plainly, and e&s;pecially to be &s;et down, as the Law directs; neither was there any due Proce&s;s of Law again&s;t this their Maje&s;ties Sub|ject, thus arbitrarily debarr'd of the Liberty of his Per&s;on. By which, this U&s;urper hath made the greate&s;t Breach and Inrode upon the Laws and Liberties of the <HI>Engli&s;h Nation,</HI> that was po&s;&s;ible for him to do, as the Gentlemen learned in the Law, both by Study and Practice, have &s;ufficiently demon&s;trated by &s;ound and &s;ollid Arguments, <HI>That the Violation of a Man's Per&s;on is a Crime of a deeper Dye, and higher Nature, than that of his E&s;tate, fora&s;much as nothing in the World is &s;o near and dear to a man as the Liberty of his Per&s;on.</HI> This Villanous U&s;urper <HI>Ley&s;ler</HI> not regarding the great care and pains of the Supream Powers of <HI>England,</HI> met and a&s;&s;embled in Parliament, for the&s;e many years pa&s;t, to pre&s;erve the Subjects Liberties unviolated, and to that end, how many excellent Acts have pa&s;&s;ed, which are as &s;o many Walls and Bullwarks again&s;t all Arbitrary U&s;urpers, who though for a time may flouri&s;h, and meet with applau&s;e by their deluded Followers, its not probable can terminate in any thing le&s;s than utter Confu&s;ion and
<PB N="17" REF="11">De&s;truction to them&s;elves and Shame and Ignominy to their beguiled Abettors, only made u&s;e of as &s;o many Tools for the better accompli&s;hing their own wicked Ends, who then are to be laid a&s;ide, and new Favourits taken in.</P>
<P>Nothing &s;eems &s;o con&s;entaneous to this abu&s;er of our Freedom &amp; Liberties, as the <HI>French</HI> Kings Maxim <HI>[Sic Jubeo &s;ic volo]</HI> who by Birth, we are ready to believe, may claim the greate&s;t &s;hare in him, or at lea&s;t, by his Actions, he equally &s;corning, with that proud Tyrant, to give any other Rea&s;on for his Arbitrary Actions than his own unlimitted Will and Plea&s;ure.</P>
<P>The many Abu&s;es particular Per&s;ons have met withal, by having their Goods taken from them, without either Warrant or legal Proofs, would be too tedious here to in&s;ert. Upon all &s;uch Occa&s;ions, the Actors being demanded, <HI>By what Warrant they committed this Violence?</HI> they would u&s;ually an&s;wer, (clapping their hands upon their Swords) <HI>Here is our Warrant.</HI></P>
<P>The keen edge of this mans Malice could not be taken off by his Cruelty to one of them, who&s;e Ruin he had be|fore avowed, but he goeth on to fullfill his wicked Pro|mi&s;e. And,</P>
<P>On the 16th day of <HI>Augu&s;t</HI> pa&s;t cau&s;eth another Alarm, to that end and purpo&s;e, as &s;ome of his own party were heard to &s;ay, &s;ome days before it happened, <HI>that &s;hortly there would be an Alarm, in order to the taking hold and &s;ecuring &s;ome not well affected to their Actions,</HI> which were &s;uch as this Violent <HI>Lei&s;ler</HI> intended as the Subjects of his unbridled Envy. And accordingly in a violent manner, by force of Arms the&s;e following Per&s;ons were dragged to the Fort, to wit, Mr. <HI>William M<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">rrit,</HI> Mr. <HI>Jacob D<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">key,</HI> M<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <HI>Brandt Schuyler,</HI> Mr. <HI>Phillip French,</HI> and Mr. <HI>Robert Alli&s;on,</HI> Mer|chants, and con&s;iderable Traders in this City and Province,
<PB N="18" REF="12">Mr. <HI>John Merrit,</HI> Son to Mr. <HI>William Merrit,</HI> Mr. <HI>Edward Buckma&s;ter,</HI> Mr. <HI>Derrick Vanderburgh,</HI> who were committed the &s;ame night of the Alarm, without either Warrant or legal Proce&s;s.</P>
<P>The next day Capt. <HI>John Tuder</HI> meeting with the coura|gious Lieutenant <HI>Cuyler,</HI> upon &s;ome words between them, was in like manner dragged to the Fort, as his fellow Citizens were the night before.</P>
<P>Mr. <HI>Thomas Clark,</HI> after &s;ome dayes impri&s;onment, was brought to that weak Condition, that he was more like to Dye than live, and was carried home in a Sedan, by order of his Goaler, <HI>Ley&s;ler.</HI></P>
<P>Al&s;o, Mr. <HI>John Merrit,</HI> after 24 hours Confinement, him|&s;elf being ill, his Wife much indi&s;po&s;ed, and his only Son lying on its Death-Bed, had his liberty.</P>
<P>Alderman <HI>William Merrit,</HI> the Grandfather of this Child, greatly de&s;iring to &s;ee it before dead, made application to his cruel Goaler, <HI>Ley&s;ler,</HI> for leave to vi&s;it the Child, offering any Security he &s;hould demand for his return thither; or if he plea&s;ed to &s;end a Guard of his Souldiers with him, he would &s;atisfie them for their trouble; but nothing could prevail with this Barbarous Man, who re&s;olved to keep the &s;aid <HI>Merrit,</HI> with the others before named, during his own will and plea&s;ure, clo&s;e Pri&s;oners in the Fort, which con|tinued for the &s;pace of Twenty One Days, and then were &s;et at liberty, as yet being &s;trangers to their Crimes that de&s;erved &s;o &s;evere Puni&s;hment.</P>
<P>On the twenty fifth of <HI>Augu&s;t</HI> comes to this place one Mr. <HI>Jacob Milborn</HI> from <HI>England,</HI> as he gave out; we are obliged to mention his Name, by rea&s;on of the great part he acts in our future Troubles. This man's affected ambiguous way of expre&s;&s;ing him&s;elf, renders him unfit for the Conver&s;ation of any but the Vulgar, who in this Age are &s;o apt and ready
<PB N="19" REF="12">to admire and applaud that they under&s;tand not. This Per&s;ons decayed Fortunes were &s;uch, that not unlike a man ready to be drowned, letting go a &s;ure hold, catches at a Twig; &s;o he in like manner relinqui&s;heth his old Acquaint|ance and Friends, and joyns with our U&s;urpers, whom he revives, by telling them, <HI>That in the middle of</HI> May <HI>la&s;t, he was in</HI> England, <HI>where all things were &s;ettled, by the common Voice of the People, in peace, under King</HI> William, <HI>who was an Elective King, and had &s;ubmitted his Regal Power wholly to the People, &s;o that it was now become a Maxim,</HI> Vox Populi e&s;t Vox Dei, <HI>and the</HI> King <HI>was only a Servant to his Subjects.</HI> By this our U&s;urpers were encouraged in their old manner of Rea&s;oning, when objected again&s;t their illegal Proceedings, <HI>What Law or Warrant they had to back them in their Actions?</HI> They would always Reply, <HI>By what Law, Warrant or Com|mi&s;&s;ion did the Prince of</HI> Orange <HI>go into</HI> England, <HI>and act as he hath done? And how do you think King</HI> William <HI>can take that ami&s;s in us, who have only followed his Example?</HI> The very rehear&s;ing of this Di&s;loyal Compari&s;on, is &s;ufficient to cau&s;e an Abhorrance and Dete&s;tation in every Loyal Subject.</P>
<P>The next fruits of this <HI>Milbornes</HI> News, is, that the <HI>Com|mittee of Safety,</HI> as they termed them&s;elves, take upon them to give forth an Order to the Inhabitants of this their Ma|je&s;ties Province, &s;ignifying, <HI>That whereas &s;everal of the Inhabitants had already turned out their old Officers, they &s;hould proceed in Election of Civil and Military Officers in the &s;everal Counties of this Province.</HI> Some Counties accordingly did, by the appearance of &s;mall Numbers, turn out the old Ju&s;tices of the Peace and Military Officers, and cho&s;e new. A Method formerly never allowed of, under any of our Kings Reigns, it being alwayes granted to be the undoubted Pero|gative of the King to commi&s;&s;ionate his Ju&s;tices of the
<PB N="20" REF="13">Peace, and Military Officers. However, when we are better &s;atisfied that it hath been his Maje&s;ties gracious Will and Plea&s;ure to &s;eperate this Branch of his Perogative, and be|&s;tow it on the People, we &s;hall readily &s;how our Thankful Reception; but till then, we think it the Duty of all Loyal Subjects, not to appear in &s;uch Elections.</P>
<P>The 29th day of <HI>September</HI> being the time appointed for the choice of Aldermen and common Council-men, in a Charter of Priviledges, granted to this City by Colonel <HI>Thomas Dungan,</HI> when Governour of this Province; accor|dingly the Inhabitants met in the &s;everal Wards, and cho&s;e as u&s;ually, no Ward being attended with &s;o much Di&s;|order in their Election as that whereunto Capt. <HI>Ley&s;ler</HI> be|longed, who, its evident, re&s;olved right or wrong to have his Son-in-Law, <HI>Robert Walters,</HI> to be returned Alderman for that Ward: The Method he took for doing it, was thus; Coming into the place where the Inhabitants were a&s;&s;embled, in order to their Choice, he finding the Vote was like to be carried again&s;t his Son <HI>Walters,</HI> in the fir&s;t place he objected again&s;t Capt. <HI>Anthony Brockhol&s;t</HI>'s Vote, a con&s;iderable Free|holder of that Ward, his being a <HI>Papi&s;t;</HI> and afterward &s;ays, <HI>I vote for my Son</HI> Walters, <HI>my Son</HI> Jacob <HI>votes for his Brother</HI> Walters, <HI>and my Son</HI> Walters <HI>Votes for him&s;elf, that's three, put them down:</HI> By this means was his Son <HI>Walters</HI> returned for that Ward.</P>
<P>The u&s;ual day of publi&s;hing the Mayor, Sheriff, Town Clark Aldermen and common Council of this City for the &s;ucceeding Year, was on the 14th day of <HI>October,</HI> the Birth day of the late King <HI>James,</HI> in the mean time comes forth an Order from the Committee, impowering all the <HI>Pro|te&s;tant</HI> Free-holders of this County, on the <GAP DESC="blank"> day of <HI>October</HI> to elect Mayor, Sheriff and Town Clark at which Election, the far greate&s;t Number of the Inhabitants not
<PB N="21" REF="13">appearing (well knowing, that by the expre&s;s words of the Charter, that Power was &s;olely re&s;erved in the Governour's brea&s;t, to appoint the&s;e three Officers) the lea&s;t Number of the Inhabitants, in pur&s;uance of the Order afore&s;aid, met and a&s;&s;embled together, and by majority of Voices cho&s;e one <HI>Peter D'Lanoy</HI> Mayor, <HI>Johannes John&s;on</HI> Sheriff, and <HI>Abraham Governour</HI> Town Clark, again&s;t which Per&s;ons we object not &s;o much, as the Method of their being cho&s;en; neither &s;hall we be offended, if it &s;hall plea&s;e his Maje&s;ty to add unto our former Priviledges this likewi&s;e: The Gentle|men named being thus cho&s;en, were publi&s;hed on the cu&s;to|mary day.</P>
<P>By this time <HI>Mr. Millborne</HI> recovers of a fit of Sickne&s;s, that had hitherto rendred him incapable of acting any thing el&s;e but affording his Chamber Advice, which upon all occa|fions was con&s;ulted by our U&s;urper <HI>Ley&s;ler;</HI> now being re&s;tored, in great mea&s;ure, to his former Health, he vigorou&s;|ly joyning with this u&s;urper and his un&s;afe Committee, a nota|ble piece of &s;ervice is immediately a&s;&s;ign'd him by them, which was to go up to <HI>E&s;opus</HI> and <HI>Albany,</HI> in order to the bringing tho&s;e Counties into the &s;ame Condition and Di&s;orders as they had done this and the neighbouring Counties near adjacent. In pur&s;uance hereof, he goes on board a Sloop, and &s;ails forward to <HI>Albany,</HI> with fifty men, who had li&s;ted them|&s;elves as Volunteers, to a&s;&s;i&s;t that place, if occa&s;ion were, again&s;t the <HI>French;</HI> upon his arrival there, by the great care, conduct and prudence of <HI>Peter Skuyler,</HI> Mayor of that City, a&s;&s;i&s;ted by the Recorder, Aldermen, common-Council and Military Officers, the de&s;igned purpo&s;es of th s dark Poli|tician were happily fru&s;trated, &s;o that he returns back to this place under &s;ome Di&s;appointment.</P>
<P>The 8th day of <HI>December</HI> arrives <HI>per via Boston,</HI> one <HI>Riggs,</HI> with two Paquets from his Maje&s;ty, King <HI>William,</HI> whereby
<PB N="22" REF="14">we hoped to have had deliverance from the U&s;urpation, Slavery and Cruelties of <HI>Ley&s;ler;</HI> but our Expectations were &s;oon at an end, the Super&s;cription of the Paquets being thus,</P>
<P><HI>To Our Tru&s;ty and Well beloved</HI> Francis Nichol&s;on, <HI>E&s;quire, Our Lieutenant Governour of Our Province of</HI> New-York <HI>in</HI> America; <HI>or in his Ab&s;ence, to &s;uch as for the time being take care to keep the Peace and admini&s;ter the Laws of Our &s;aid Province.</HI></P>
<P>This Infringer of our Laws and Liberties, <HI>Ley&s;ler,</HI> peremp|torily a&s;&s;umes the Paquets to him&s;elf, &s;aying, <HI>He was the man to whom they were directed in the Lieutenant Governour's ab&s;ence.</HI> But upon what pretence he deems him&s;elf the Per&s;on, except it be for his Breach of the Peace, and Ob|&s;tructing the due cour&s;e of Law ever &s;ince he hath po&s;&s;e&s;&s;ed him&s;elf of the Fort, Arbitrarily and Illegally ruling by the Sword, is &s;ufficiently evidenced to the <HI>&V;nbya&s;&s;ed Reader,</HI> by the fore-going Lines.</P>
<P><HI>Frederick Phillips</HI> and <HI>Stephanus Van Cortland,</HI> both of the Council, and left in Tru&s;t by the Lieutenant Governour for the keeping of the Peace, and legally Governing of this their Maje&s;ties Province, which they carefully and hone&s;tly would have di&s;charged the Tru&s;t repo&s;ed in them, if they had not been prevented by this Violator of our Laws and Liberties, and that with more Renown and Reputation to their Maje|&s;ties, as well as the better Satisfaction of their Leige People inhabiting this their Maje&s;ties Province.</P>
<P>The two Gentlemen of the Council before-named, being &s;ent for to the Fort, by the reque&s;t of Mr. <HI>John Riggs,</HI> (the Paquets being by him, at that time not delivered) they &s;ignified to <HI>Ley&s;ler,</HI> and tho&s;e pre&s;ent with him, <HI>That they were ready to ob&s;erve &s;uch Orders as His Maje&s;ty had given in His Paquets to His Lieutenant Governour, then ab&s;ent, from
<PB N="23" REF="14">whom they, together with Colonel</HI> Bayard, <HI>had In&s;tructions to keep the Peace, and admini&s;ter the Law of this Government, which they alwayes were ready to have fullfilled, if had not been Ob&s;tructed.</HI></P>
<P>At this our U&s;urper Rages, and vents his Pa&s;&s;ion in his u&s;ual <HI>Billings-Gate Rhetorick,</HI> calling them, <HI>Popi&s;hly affected Dogs and Rogues,</HI> and bids them <HI>immediately go out of the Fort, for they had no bu&s;ine&s;s there.</HI> A &s;trange Entertainment to them, who for the&s;e many Years pa&s;t have alwayes, as Coun&s;ellors, officiated under the &s;everal Governours of this their Maje&s;ties Province, and at that time were tho&s;e who were left in Tru&s;t by their Maje&s;ties Lieutenant Gover|nour. However, &s;eeing there was no Remedy but Pa|tience, (this Violent U&s;urper re&s;olving &s;till to Govern by the SWORD) they quietly went to their Own Homes.</P>
<P>Their Maje&s;ties Paquets being thus a&s;&s;umed by our U&s;urper, he immediately abu&s;eth his deceived Abettors, by affirming to them, <HI>He had received a Commi&s;&s;ion to be their Maje&s;ties Lieutenant Governour, and that all their Actions were well approved of.</HI> This readily gained Credence with the Vulgar, who are too apt and willing to be beguiled by their Popular Leader. From this time forward he a&s;&s;umes the Title of <HI>Lieutenant Governour,</HI> and according to the In&s;tru|ctions given in the Paquets, he &s;wears &s;ome, who were of his Committee of Safety before, to be Coun&s;ellors now, as al&s;o &s;ome few more of the Inhabitants, much alike unto the&s;e Per&s;ons, neither of the highe&s;t Rank nor Re|putation, but &s;uch as our U&s;urper was well a&s;&s;ured were for his turn. This being done they proceed to Action</P>
<P>NB. On the 16th day of <HI>December</HI> an Order comes forth, entituled, <HI>By the Lieutenant Governour and his Council,</HI> &s;igned underneath, <HI>Jacob Ley&s;ler.</HI></P>
<P><HI>The Contents as followeth.</HI></P>
<PB N="24" REF="15">
<FLOATEXT LANG="eng" TYPE="act">
<HEAD>By the Lieutenant Governour, <HI>&amp;c.</HI> and Council.</HEAD>
<P>WHereas there is an Act of A&s;&s;embly, dated One Thou&s;and Six Hundred Eighty Three, entituled, A continued Bill for defraying of requi&s;it Charges of the Government, and many of the Inhabitants of this Province, nothwith&s;tanding they have &s;ub&s;cribed to comply with the &s;ame, have di&s;puted it, when required thereunto.</P>
<P>The&s;e are therefore to give Notice unto all Per&s;ons within this Province, that the Cu&s;toms and Exci&s;e &s;ettled by the &s;aid Act, hath and doth &s;till remain good, and of full Force, and that the Collectors and Receivers thereof, are impower'd to do their duty therein; All Per&s;ons being hereby &s;trictly required to obey the &s;ame, as they will an&s;wer the contrary at their Peril.</P>
<CLOSER><DATELINE>Given under my Hand at Fort-<HI>William,</HI> <DATE>this &s;ixteenth day of <HI>December,</HI> 1689.</DATE></DATELINE>
<SIGNED>Jacob Ley&s;ler.</SIGNED></CLOSER>
</FLOATEXT>
<P>This Order of the pretended Lieutenant Governour and Council, being &s;et up in all the Publick Places of this City, did not a little Alarm the con&s;iderate <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">nhabitants, who there|by clearly &s;aw the willingne&s;s of this U&s;urper and his
<PB N="25" REF="15">Abettors, to en&s;lave them and their Po&s;terity, &s;o that h<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> might command their Pur&s;es. A &s;trange Change in a littl<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> time! for this <HI>Ley&s;ler</HI> in the beginning of our Troubles, wa<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> the fir&s;t man that di&s;puted the payment of the Cu&s;toms, con&s;ulting with &s;everal of the Inhabitants, how tho&s;e Arbi|trary Impo&s;itions might be pulled down. Further, how contrary this Order of our U&s;urper, and Abettors, is to their own &s;o often repeated Maxim, [<HI>That what&s;oever was acted by a</HI> Papi&s;t <HI>Governour, or under his Authorit, was</HI> ip&s;o facto <HI>null and void, and of no effect in Law.</HI>] If there yet remain any Candour or Ingenuity in this violent Man and his Abettors, it will be more honourable for them publickly to Recant &s;o plain an Error, than &s;till to per&s;i&s;t in it; for we pray of the <HI>&V;nbya&s;&s;ed Reader,</HI> what el&s;e is the intent, purport and meaning of this Order, but to enforce a Law made by a <HI>Papi&s;t Governour,</HI> and <HI>under his Authority,</HI> which, by their own Argument, is void in it &s;elf. So that they mu&s;t either own, this their dark unintelligible Oracle, hath much deceived them in this point of his Poli|ticks, or its evident to the World, they have a&s;&s;umed upon them&s;elves a Power to <HI>levy Taxes, Cu&s;toms and Benevolences,</HI> upon the Inhabitants of this this their Maje&s;ties Province, without and contrary to their own Con&s;ent, notwith|&s;tanding the many whol&s;om Laws that have pa&s;&s;ed, under the &s;everal Kings Reigns in the Realm of <HI>England</HI> made for the pre&s;ervation of the &s;ame; as al&s;o contrary to a par|ticular Branch of that Act which their Order hath reference unto, that in expre&s;s words &s;ays thus, <HI>That no Aid Tax, Tallage, A&s;&s;e&s;ment, Custom, Loan Benevolence or Impo&s;ition what&s;oever, &s;hall be laid, a&s;&s;e&s;&s;ed, impo&s;ed or levied on any his Maje&s;ties Subjects within this Province, or their E&s;tates, upon any manner or colour of Pretence, but by the Act and Con&s;ent of
<PB N="25" REF="16">the Governour, Council and Repre&s;entatives of the People in General A&s;&s;embly met and a&s;&s;embled.</HI></P>
<P>Now to the end we may further make out to the World the Unrea&s;onablene&s;s as well as the Illegality of this, we cannot omit to advertize the <HI>Impartial Reader,</HI> That in the Year 1683. arrived to this Province Colonel <HI>Thomas Dongan,</HI> appointed his Maje&s;ties Governour under his Royal High|ne&s;s the <HI>Duke of York,</HI> the Lord Proprietor of this Province, who in a &s;hort time after his arrival here, according to particular In&s;tructions given him by his &s;aid Royal Highne&s;s, did i&s;&s;ue forth Writs to the &s;everal Counties within this Pro|vince, for the electing of Members to &s;erve in General A&s;&s;embly, which accordingly was done, and the &s;ame were convened, and begun their fir&s;t Se&s;&s;ion on the <GAP DESC="blank"> day of <HI>October,</HI> and the fir&s;t Act that pa&s;t this Se&s;&s;ions, was that their Order refers to, wherein our Repre&s;entatives wi&s;ely provided again&s;t the critick Lawyers of this Age, who too nicely di&s;tingui&s;h betwixt the Kings Subjects inhabiting Within the Realm of <HI>England,</HI> and tho&s;e inhabiting his Dominions abroad, denying the Latter the Priviledges con|fe&s;&s;ed to be the undoubted Birth-Right of the former; upon which our &s;aid Repre&s;entatives, prudently in the fir&s;t part of that Act endeavour to &s;ecure unto them&s;elves and Po&s;te|rities what was the Birth Right of every Free-born Subject of <HI>England.</HI> This being done, They continue this Act for the defraying of the nece&s;&s;ary Charges of this Government, which begins thus,</P>
<P><HI>The Repre&s;entatives of his Royal Highne&s;s's Province of</HI> New-York, <HI>convened in General A&s;&s;embly, Have, for and in con&s;ideration of the many Gracious and Royal Favours ex|pre&s;&s;ed and extended to the Inhabitants of this His Province,
<PB N="27" REF="16">and al&s;o for the bountiful Confirming and Re&s;erveng to the and their Po&s;terity, the Rights and Priviledges, Liberties an Immunities before recited and expre&s;&s;ed, and for the better defrayi<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> of the nece&s;&s;ary Charges and Expence of this Province.</HI></P>
<P>How far this Act is binding upon the Inhabitants of th<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Province, will further appear, by duly con&s;idering anothe<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Clau&s;e of this very Act, which runs thus,</P>
<P><HI>That all Bills agreed upon by the &s;aid Repre&s;entatives, or the major part of them, &s;hall be pre&s;ented unto the Governour and his council, for their Approbation and Con&s;ent; all and every which &s;aid Bills, &s;o approved of and con&s;ented to by the Governour and Council, &s;hall be e&s;teemed and accounted the Laws of this Province; which &s;aid Laws &s;hall continue and remain in force untill they be repealed by the Authority afore&s;aid,</HI> that is to &s;ay, the Governour, Council and Repre&s;entatives in Ge|neral A&s;&s;embly, by and with the approbation of his Royal Highne&s;s, or expire by their own Limitations.</P>
<P>Now that this Act of the A&s;&s;embly, in a &s;trict &s;ence, can|not be allowed to be a Law of this Province, and &s;o not binding upon its Inhabitants, We Humbly offer the&s;e Rea&s;ons.</P>
<P N="1">1&s;t, For that by the Authority afore&s;aid, this Act never was a&s;&s;ented unto, the approbation of his Royal Highne&s;s being alwayes wanting, who was &s;o far afterwards from ap|poving of it, that he utterly di&s;allowed the &s;ame, and that fir&s;t by a Letter to his Governour, Colonel <HI>Thomas Dongan,</HI> and afterwards coming to the Imperial Crown of <HI>England,</HI> he publickly di&s;allowed that Act, by &s;ending over a Com|mi&s;&s;ion, under the Broad Seal of <HI>England,</HI> to the &s;aid Colonel <HI>Dongan,</HI> to be Captain General of this Province, and with &s;even Coun&s;ellors to govern the Inhabitants thereof, any five of which Coun&s;ellors made a Quoram, and the majority of that five, with the Captain General, were impowered to
<PB N="28" REF="17">make all Laws. A Method contrary to what the afore-recited Acts pre&s;cribes.</P>
<P N="2">2dly, Our Second Rea&s;on why this Act is no wayes bind|ing on the Inhabitants of this Province, is, That the Cu&s;toms, Impo&s;itions and Exci&s;es granted unto his then Royal High|ne&s;s, his Heirs and Succe&s;&s;ors, in the &s;aid Act, were given in Con&s;ideration of his &s;aid Royal Highne&s;s Confirming to the Inhabitants the Charter Priviledges, making up the fir&s;t part of the &s;aid Act, which never was enjoyed by the Inha|habitants, nor confirmed to them, but the contrary, as is proved.</P>
<P N="3">3dly, For that hitherto we are ignorant of any Law, either made within the Realm of <HI>England,</HI> or this their Maje&s;ties Province, by which the Inhabitants thereof are obliged to pay unto his Maje&s;ty the Cu&s;tom and Exci&s;e &s;et down in the before-recited pretended Act of A&s;&s;embly: When any &s;uch Law is produced, tho&s;e of us who have &s;igned to pay unto King <HI>William</HI> the Cu&s;toms due unto him, when legally demanded, &s;hall readily comply; but untill that be done, we cannot &s;ee tho&s;e Notes, given by &s;everal of us for peace and quietne&s;s &s;ake (importing no more than what is above written) are any wayes Obligatory. However, when it &s;hall plea&s;e Almighty God, a Governor arrives to this Province from King <HI>William,</HI> we are ready to &s;ubmit this point, as well as all other Abu&s;es and Irregularities done unto us, then to be decided in a legal way and manner. To a Governour, &s;o arriving, we &s;hall not be backward to a&s;&s;i&s;t, either with our Per&s;ons or E&s;tates, for the more orderly and peaceable governing this Province, and defraying the publick Charges thereof, in &s;uch a way and manner as &s;hall be legally agreed on.</P>
<P>On the 23d of <HI>December,</HI> about &s;even or eight a Clock in
<PB N="29" REF="17">the Evening, <HI>Jacob Dekey,</HI> junier, Son to <HI>Jacob Dekey,</HI> already mention'd, with <HI>Cornelius Depey&s;ter,</HI> Son to the Widdow <HI>Cornelio,</HI> both Lads, were violently carried away to the Fort by force of Arms, without Mittimus or legal Proce&s;s, alledging, They had defaced and torn down the Order of the pretended Lieutenant Governour and his Council, which upon a due Examination will evidently appear, was &s;tand|ing &s;everal hours after their Commitment. How &s;olicitous this Cruel U&s;urper is to vent the Fury of his Rage again&s;t both Young and Old, is evident to all, by the illegal Con|finement of the&s;e two Lads, for no other cau&s;e but his own Arbitrary Will and Plea&s;ure.</P>
<P>The &s;ame night an <HI>Indian Slave</HI> belonging to <HI>Phillip French</HI> was dragg'd to the Fort, and there impri&s;oned.</P>
<P>The next day Mr. <HI>French</HI> falling in among&s;t &s;ome of <HI>Ley&s;ter</HI>'s Crew, re&s;ented the Injury done unto him, by the illegal detaining of his Slave &s;o highly, that &s;ome of the &s;tanders by immediatly went and informed again&s;t him, &s;o as that in a &s;hort time after, as the &s;aid <HI>French</HI> was walking in the publick Streets of this City, about his lawful Affairs, <HI>John Burger,</HI> Sergeant to this U&s;urper <HI>Ley&s;ter,</HI> attended with &s;ix Mu&s;queteers, layes violent hands on him, and tells him, he was his Pri&s;oner, and to the Fort he mu&s;t go. Mr. <HI>French</HI> replyed, Not unle&s;s you carry me, which accordingly they did, in the nature of a dead Corps, though living, where he &s;oon meets with the Entertainment of a clo&s;e Im|pri&s;onment.</P>
<P>Some hours after the Commitment of this his Maje&s;ties Subject, by his own particular Reque&s;t, Capt. <HI>John Tuder</HI> and Mr. <HI>James Emet,</HI> both allowed Attornies of this Province, made application to his Goaler <HI>Ley&s;ter</HI> for a Coppy of his Mittimus, in order to their taking &s;uch care for their Cly|ents enlargement, as the Law allowed of, and directed
<PB N="30" REF="18">unto. All the an&s;wer they obtained at that time, was, <HI>That he could do nothing without advi&s;ing with his Council, and they &s;hould meet in the Evening, when they might re-attend.</HI> This they carefully did, though to little purpo&s;e; for they were denyed entrance into the Fort that Evening &s;everal times; nor could they be admitted to &s;peak with their Clyent, &s;o that near twenty four hours were expired e'er this U&s;urper &s;aw cau&s;e to deliver the following Papers, which for the Readers &s;atisfaction, we &s;hall here recite verbatim.</P>
<FLOATEXT LANG="eng" TYPE="warrant for arrest">
<OPENER><DATELINE>Fort-William, <DATE>December 24. Anno 1689.</DATE></DATELINE></OPENER>
<P><HI>WHereas Complaint is made to me, That Mr.</HI> Phillip French <HI>hath, in a mo&s;t in&s;olent manner, contemned this Government, threatning to tare off (if it had not been already done) the Proclamation for continuing his Maje&s;ties Cu&s;toms and Exci&s;e, according to an Act of A&s;&s;embly,</HI> &amp;c. <HI>although it was forbid all Per&s;ons at their Peril.</HI></P>
<P><HI>The&s;e are in his Maje&s;ty King</HI> William's <HI>Name to will and require you to bring the &s;aid</HI> French <HI>before me and Council, to an&s;wer for the &s;ame. </HI></P>
<CLOSER><DATELINE><HI>Given under my Hand and Seal the date above&s;aid.</HI></DATELINE> <HI>To Sergeant</HI> John Burger, <HI>and his A&s;&s;i&s;tants.</HI>
<SIGNED>Jacob Ley&s;ler.</SIGNED></CLOSER>
</FLOATEXT>
<PB N="31" REF="18">
<FLOATEXT LANG="eng" TYPE="order">
<HEAD>At a Council held in <HI>New-York</HI> the <HI>24th</HI> of <HI>December,</HI> Anno <HI>1689.</HI></HEAD>
<P><HI>Pre&s;ent,</HI>
<LIST>
<ITEM>Lieutenant Governour,</ITEM>
<ITEM>Samuell Ed&s;all,</ITEM>
<ITEM>Thomas Williams,</ITEM>
<ITEM>Hendrick Jan&s;e,</ITEM>
<ITEM>Ma&s;. Cuyler,</ITEM>
<ITEM>Benjamin Blagg,</ITEM>
<ITEM>John Van Cou&s;oenkeven, <HI>Alderman.</HI></ITEM>
</LIST> </P>
<P><HI>WHereas</HI> Phillip French <HI>hath behaved him&s;elf very Con|temptuou&s;ly again&s;t the Lieutenant Governour and Council, as by Evidence taken before him, doth appear, and continueth in the &s;ame, being examined before them.</HI></P>
<P><HI>Ordered, That the &s;aid</HI> French <HI>be fourth-with committed to &s;afe Cu&s;tody within</HI> Fort-William, <HI>till further Con&s;ultation in this matter.</HI></P>
<CLOSER><HI>A True Copy, Examined by</HI><SIGNED> Jacob Milborne, <HI>Secretary.</HI></SIGNED></CLOSER>
</FLOATEXT>
<P>Now whether the Rea&s;on of this U&s;urper's deferting the delivery of the Warrant and Order of Council, above tran|&s;cribed, may not rationally be con&s;trued, as &s;ome do, that the Warrant directed to Sergeant <HI>John Burger</HI> and his A&s;&s;i&s;tants was written &s;everal hours after Mr. <HI>French</HI>'s being clo&s;e Pri&s;oner, or not, is a que&s;tion we &s;hall not now in&s;i&s;t on.</P>
<P>The Warrant and Order of Council, above-written, com|ing to the hands of the before-named Attornyes, on the behalf of their Clyent, they apply them&s;elves afre&s;h to the pretended Lieutenant Governour and Council &s;itting on <HI>Chri&s;tmas-Day</HI> in the Evening, to whom they &s;ignified, That having peru&s;ed the Warrant and Order of Council, by which Mr. <HI>Phillip French</HI> was committed clo&s;e Pri&s;oner within the Fort, they found nothing contained in either, but what, ac|cording
<PB N="32" REF="19">to the known Laws of <HI>England,</HI> as well as this Pro|vince, was Baylable, and for that end and purpo&s;e they appeared before them, on the behalf of their Clyent, to offer Bail to the valve of Twenty Thou&s;and Pounds, if de|&s;ired, for his appearance in any Court of Record within this County, there to abide &s;uch Determination, as by leg I Proce&s;s &s;hould be made again&s;t him, for or by rea&s;on of the Charge alledged again&s;t him in the afore&s;aid Warrant and Order of Council.</P>
<P>All the Arguments u&s;ed by the&s;e Gentlemen of the Law, no wayes prevailed with this cruel <HI>Ley&s;ter,</HI> and his Nominal Council, whom he is making u&s;e of, as his Tools, for the better cloaking of his own Arbitrary Illegal Actions and Intentions. It &s;eems as if this U&s;urper was of the &s;ame Opinion with &s;ome Souldiers in <HI>Plutarchs</HI> time, who wondred <HI>any would be &s;o importunate to preach Laws and Moral Rea&s;ons to Men with SWORDS by their &s;ides;</HI> as if Arms knew not how to de&s;cend to Rational Inquiries. All the Satisfaction given to this &s;o lawful demand of Bail on the Pri&s;oners be|half, was only &s;ome &s;mall diver&s;ion our late Up&s;tart States|man, Mr. <HI>Milborne,</HI> (now advanced to the Secretaries Office by his New-made Lieutenant Governour) was plea&s;ed to afford them, by dropping now and then his wonted ob&s;cure Sentences, asking the Pri&s;oner's Coun&s;el, <HI>Whether they would &s;ubmit the Determination of their Clyent's Cau&s;e to the Lieute|nant Governour and Council?</HI> Who thereupon mode&s;tly en|quired, In what Capacity they &s;ate there, whether Military or Civil? An&s;wer was made by <HI>Milborne, Both.</HI> The Un|certainty of this Reply, as well as its Unrea&s;onablene&s;s, yielded fre&s;h matter to argue upon; all which centred here, that our dark Politicion demanded, <HI>How they would help them&s;elves, or by what means they would be relieved?</HI> To whom it might have been fitly replyed, <HI>In the &s;ame way and manner
<PB N="33" REF="20">as you, not many Years pa&s;t, recovered Forty Five Pounds by a legal Cour&s;e, again&s;t Sir</HI> Edmund Andros, <HI>for nine hours fal&s;e Impri&s;onment.</HI> For notwith&s;tanding the many endeavours u&s;ed by our U&s;urper to qua&s;h the various Reports coming to us, many wayes, of a Governour ha&s;tning from his Maje&s;ty for this Province, we are not di&s;couraged in our expecta|tions of, and well wi&s;hing for his &s;afe arrival, and then we doubt not but to &s;ee &s;ome of our U&s;urpers receive the ju&s;t Demerits of their illegal Arbitrary Doings.</P>
<P>The 4th of <HI>January</HI> Captain <HI>John Tuder,</HI> by particular Warrant from Mr. <HI>Phillip French,</HI> applied him&s;elf to the Mayor of this City with the Kings Writ of <HI>Habeus Corpus,</HI> returnable to the next Mayor's Court, which was the 7th of the &s;ame Moneth: This Writ &s;o &s;igned by the Mayor, was &s;afely conveyed to Mr. <HI>French,</HI> and by him delivered to his Keeper, who forth-with acquainted the head Goaler, <HI>Ley&s;ler,</HI> therewith, who immediately ordered the Windows where the &s;aid <HI>French</HI> was confined, to be nailed up, and that a more &s;trict watch &s;hould be kept over him, as if the Cruelties already exerci&s;ed towards this Free-born Subject of <HI>England,</HI> were not &s;ufficient, who hitherto hath been denyed the acce&s;s of his Friends and Acquaintance; no, not &s;o much as his Coun&s;ellers at Law admitted to come near him. A U&s;age more Cruel and Barbarous than the mo&s;t Notorious Fellon, Traytor or Rebel commonly meet withal.</P>
<P>The 7th of <HI>January</HI> being come, and the Mayor's Court &s;itting, Mr <HI>John Tuder</HI> diligently attended it, expecting to have met his Clyent there, by virtue of the afore&s;aid Writ, waiting a con&s;iderable time, and no appearance of Mr. <HI>French,</HI> he informed that Court, That the Mayor was plea&s;ed on the 4th In&s;tant to &s;ign his Maje&s;ties&punc; Writ
<PB N="34" REF="21">of <HI>Habeas Corpus</HI> for the bringing the Body of the &s;aid Mr. <HI>French,</HI> together with the Cau&s;e of his Commitment before that Court, where he was ready to argue on the behalf of his Clyent the matter of Law that might ari&s;e; but &s;eeing he was di&s;appointed, by the afore&s;aid Writ being di&s;|obeyed, he &s;hould take upon him to open to the Court the nature of the &s;aid Writ, which (&s;aid he) <HI>is a Writ granted in the Subjects favour, to prevent the illegal detainure of any of the King's Subjects fal&s;ly impri&s;oned. So that a Violation of this kind, was a Crime of the deepest dye, and every Subject was nearly concerned therein,</HI> none knowing who&s;e turn it might be next to have their Liberties &s;ubjected to the Arbi|trary Will and Plea&s;ure of this Man, <HI>[Ley&s;ler.]</HI></P>
<P>Al&s;o, to the Bench he directed him&s;elf in this manner, <HI>You who are the Mayor and Aldermen, for the time being, of this City, and &s;o con&s;equently the Patrons thereof, it behoves you to take care, the Antient Liberties and Freedoms of this City be not infringed, and that its Inhabitants be not in this man|ner dragged, by a Mar&s;hal Force, to the Fort, and there kept clo&s;e Pri&s;oners.</HI></P>
<P>Our U&s;urper's Oracle, <HI>Milborne,</HI> being pre&s;ent in the Court, after a long continued Silence, Learnedly expre&s;&s;eth him&s;elf thus, <HI>I do affirm to this Court, That Mr.</HI> French <HI>is none of the King's Subject,</HI> without giving any further Rea&s;ons. At which the &s;tanders by hi&s;&s;ed, and &s;ome publickly charged him with being the principal Author of our pre&s;ent Troubles.</P>
<P>On the 12th of <HI>January</HI> certain Advice coming to this place of a Ship de&s;igned to this Port, whereof one <HI>Prents</HI> was Ma&s;ter, being &s;truck on &s;ome Rocks near <HI>New-London,</HI> and Mr. <HI>French</HI> being chiefly concerned in the Loading, was forced to &s;ubmit to this Proud U&s;urper, and to
<PB N="35" REF="21">Petition him by the Title of <HI>Lieutenant Governour,</HI> who had before menaced him, <HI>if he would not give the Title of Lieutenant Governour, he would put him where HE SHO&V;LD NEVER SEE THE FACE OF MAN MORE.</HI> To prevent which and the exigency of his Affairs at that time, he gratified the Ambitious humor of this man, <HI>Ley&s;ler,</HI> and thereby obtained his Liberty. upon his and Mr. <HI>Thomas Winham's</HI> entring into a Recognizance of Five Hundred Pounds to the King, for the &s;aid <HI>French</HI> his good Behaviour during Twelve Moneths and a Day from the date thereof.</P>
<P>To return again to our Account of the two Lads fir&s;t impri&s;oned. <HI>Cornelius Depeyster,</HI> by the humble petition of his Mother, was &s;et at liberty. <HI>Jacob Dekey</HI> is &s;till under Confinement, albeit his Enlargement has been much endeavoured by his Ma&s;ter, Mr. <HI>John Barbarie,</HI> a con&s;ider|able Merchant in this City, who went to his Goaler <HI>Ley&s;ler,</HI> and offered Two Thou&s;and Pounds Security for his Mans appearance to an&s;wer a legal Proce&s;s again&s;t him, to which end and purpo&s;e a Copy of his Mittimus hath divers times been demanded, but could not be obtained, nor no Bail would be taken; Nothing will &s;erve this proud U&s;urper, <HI>Ley&s;ler,</HI> nor relea&s;e this Lad, but his Parents &s;ending in a Petition, directed to <HI>Jacob Ley&s;ler, Lieutenant Governour, and his Council,</HI> wherein they mu&s;t beg Forgivene&s;s for Faults they are ignorant of their Son's being guilty of. A &s;trange and unheard of Method to force People to pay Homage to his Per&s;on! Children mu&s;t be taken from their Parents, Servants from their Ma&s;ters, Husbands from their Wives, Ma&s;ters from their Familes, and all this on no other account than their denying to give this <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">roud U&s;urper, <HI>Ley&s;ler,</HI> a Title that no way appertains or belongs to him.</P>
<PB N="36" REF="22">
<P>And we dare this Proud Man to produce, if he can, any Actions again&s;t tho&s;e Inhabitants he mo&s;t maliciou&s;ly Characterizes as <HI>Popi&s;hly Affected,</HI> &s;o much &s;avouring of <HI>POPERY</HI> as the&s;e we charge him with, and are ready to prove again&s;t him when a convenient time and opportu|nity pre&s;ent.</P>
<P>For, we pray the <HI>&V;nhya&s;&s;ed Reader,</HI> what is the dif|ference betwixt bloody Bi&s;hop <HI>Bonner</HI>'s Coal hole, and this Cruel Unmerciful U&s;urpers Dungeon and Bullet Hole, the former being fitted and prepared for the poor <HI>Prote&s;tants,</HI> that would not idolize their Con&s;ecrated Wafer, this latter for the quiet Inhabitants of this their Maje&s;ties Province, who cannot in their Con&s;cience a&s;cribe that Honour to him which is only the Right of the KING to infer upon him, and then its time enough for his Subjects to Obey.</P>
<P>The 13th of <HI>January</HI> this U&s;urper, <HI>Ley&s;ler,</HI> &s;ends under the Command of Lieutenant <HI>Churchill</HI> Twenty Souldiers over to <HI>Long-I&s;land,</HI> the next day they came to <HI>Jama<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ca,</HI> where they in a violent manner, by force of Arms, broke open the Hou&s;e of Mr. <HI>Daniel Whitehead,</HI> one of his Ma|je&s;ties Ju&s;tices of the Peace, appointed by our Lieutenant Governour Sir <HI>Edmund Andros,</HI> and being entred into the Hou&s;e, they in like manner afore&s;aid brake open &s;everal Cho&s;ts and Boxes, but found not what they looked for, and &s;o returned the next day without doing any more Mi&s;|chief, as we yet hear of.</P>
<P>On the &s;ixteenth of <HI>January,</HI> the publick Po&s;t, Mr. <HI>John Perry,</HI> &s;etting out from the Hou&s;e of Colonel <HI>Lewis Morris,</HI> towards <HI>Boston,</HI> was not advanced on his way above a quarter of a Mile before he was laid hold on
<PB N="37" REF="22">by Warrant from our U&s;urper <HI>Ley&s;ter,</HI> and brought back to this place, <HI>New-York,</HI> with his Letters, which were opened and peru&s;ed at the will and plea&s;ure of this Arbi|trary Man, who, its plain and evident unto all that are not willfully blind, hath made it his Contrivance how to Ruin the Inhabitants, and hinder the Pro&s;perity of this Province, ever &s;ince his taking upon him to govern by the <HI>SWORD,</HI> which he hath in great mea&s;ure effected, by his continual Breach of the Peace, and Ob&s;tructing the due Cour&s;e of Law and Ju&s;tice. But le&s;t this were not &s;ufficient, he re&s;olves to de&s;troy, as much as in him lies, the Commerce and Trade of this Province. A more ready way than this could not have been taken by him for that purpo&s;e, to ob&s;truct and hinder Advice, which is acknowledged by all to be the Life of Trade; for how can this be given or received, where intercepting mens private Letters, is become &s;o Modi&s;h with our pre|tended Rulers, as that they are &s;o far from counting it a Crime, as by their Actions they deem it a Virtue.</P>
<P>Before we draw to a Conclu&s;ion of this our Declaration and Narration, which is already &s;welled beyond its in|tended limits, We cannot omit tran&s;cribing two other Branches of the pretended Act of A&s;&s;embly, they &s;eem|ingly make &s;uch a pudder about, which upon an impar|tial Enquiry (allowing it to be an Act binding, though that we cannot do, for the Rea&s;ons already given) the&s;e our U&s;urpers will be found the greate&s;t Violaters there|of. The Branches we think fit to in&s;ert are the&s;e follow|ing, <HI>viz.</HI></P>
<Q REND="margDblQuotes"><P>That no Free-man &s;hall be taken and impri&s;oned, or be di&s;eized of his Free-hold, or Liberty, or Free Cu|&s;toms, or be Outlaw'd, or Exiled, or any other ways
<PB N="38" REF="23">de&s;troyed; nor &s;hall be pa&s;&s;ed upon, Adjudged or Con|demned, but by the Lawful Judgment of his PEERS, and by the Law of this Province.</P>
<P>Ju&s;tice nor Right &s;hall be neither &s;old, denyed, or defer|red, to any man within this Province.</P>
<P>That in all ca&s;es what&s;oever, Bail by &s;ufficient Surety &s;hall be allowed and taken, unle&s;s for Trea&s;on, or Fellony, plainly and e&s;pecially expre&s;&s;ed and mentioned in the Warrant of Commitment.</P></Q>
<P>How far the&s;e our U&s;urpers Actions evinceth their little Regard unto the pretended Act of A&s;&s;embly, except it be to that part which would bring Grea&s;t to their Mill, let the Unbya&s;&s;ed judge.</P>
<P>This Arbitrary Proud Per&s;on, <HI>Le&s;&s;ler,</HI> having thus far exalted him&s;elf above his Brethren, di&s;dains to own his very Kindred, unle&s;s they will entitle him <HI>Lieutenant Go|vernour,</HI> nor will he free them from his Bullet-Hole on any other Terms.</P>
<P>A plain Demon&s;tration of this he hath given by his late carriage to <HI>Mr. Lucas Keer&s;tead,</HI> who after the u&s;ual manner was forced to go to the Fort; when he came before this U&s;urper, he &s;oftly applies him&s;elf thus to him, <HI>Cou&s;en</HI> Ley&s;ler, <HI>What is your Will and Plea&s;ure?</HI> At this he flyes out in a great Rage, <HI>How dare you call me Cou&s;en?</HI> Then he &s;poke to him by the Name of <HI>Captain,</HI> but that would not do, and he was told, that if he gave him not the Title of <HI>Lieutenant Governour,</HI> he would be put among&s;t the Bullets. To avoid which, he gave him that Title, and then was &s;uffered to go home.</P>
<P>Its &s;trange this Violent Man, <HI>Ley&s;ler,</HI> who otherwi&s;e is
<PB N="39" REF="23">&s;o Politick, &s;hould be at a &s;tand, when this plain Que&s;tion is put to him, <HI>Who gave you this Name?</HI> Why doth he not an&s;wer, as in truth it is, <HI>My Godfather Mr.</HI> Milborne, <HI>and his A&s;&s;iant Vain Glory, together with my God-mother Ambi|tion, who have engaged on my behalf, that I &s;hould cleave to the Infernal Prince and his Works, Hug and imbrace all the Pomps and Vanities of this Wicked World, and as I had hitherto been &s;o, I &s;hould &s;till continue a faithful Servant to that Black Prince of the Air, as long as the many Headed Bea&s;ts, the Rude Multitude, would &s;tand by me.</HI></P>
<P>To Sum up all, We readily &s;ubmit the deci&s;ion of this Que&s;tion to the Con&s;iderate Peru&s;er of the fore-going Lines, Whether tho&s;e branded by <HI>Ley&s;ler,</HI> as <HI>King JAMES his Men,</HI> or him&s;elf and his Rude Crew, de&s;erve that Title mo&s;t?</P>
<P>Sure we are, that upon a &s;erious peru&s;al of the Declara|tion, entituled, <HI>The Declaration of the Lords Spiritual and Temporal, and Commons a&s;&s;embled at</HI> We&s;tmin&s;ter, <HI>Die Martis</HI> 12 <HI>Februarij,</HI> 1689. &s;everal Articles therein exhi|bited again&s;t the late King <HI>James,</HI> and declared Illegal, are and have been mo&s;t notoriou&s;ly committed by this U&s;urper and Abettors, &s;ome whereof we &s;hall here in&s;ert and &s;et down as in the &s;aid printed Declaration, <HI>viz.</HI></P>
<P><HI>That levying Money for or to the u&s;e of the Crown, by the pretence of Prerogative, without Grant of Parliament for longer time, or in other manner than the &s;ame is or &s;hall be granted, is Illegal.</HI></P>
<P><HI>That Exce&s;&s;ive Bail ought not to be required, nor Exce&s;&s;ive Fines impo&s;ed, nor Cruel and &V;nrea&s;onable Puni&s;hment in|flicted.</HI></P>
<P>That this Arrogant Man, <HI>Ley&s;ler,</HI> is palpably guilty of both the&s;e Branches before recited, we prove thus, <HI>viz.</HI></P>
<PB N="40" REF="24">
<P>That by his In&s;truments he hath and doth exact (by pretence of Prerogative, and for the u&s;e of the Crown) Cu&s;toms, Impo&s;itions and Exci&s;es, never granted to the Crown; which that he might the better accompli&s;h, he hath taken upon him to erect a Court of Exchequer, con|&s;tituting, as Members of the &s;aid Count, <HI>viz. Samuel Ed&s;all, Benjamin Blagg, Johannis Provest, Hendrick Jan&s;en, John Cowenhoven,</HI> who began their Se&s;&s;ions on the 20th of <HI>January,</HI> the 18th of the &s;ame Moneth &s;everal of the Inha|bitants received Summons to appear at this unu&s;ual Court on the day above &s;aid, to give their Rea&s;ons why they would not pay the Monyes they were indebted to the King for Cu&s;tom.</P>
<P>The Per&s;ons &s;o &s;ummon&s;ed unanimou&s;ly made choice of Mr. <HI>Thomas Clark</HI> to appear for them, who went to the Fort, where this Court was &s;itting, and being admitted, he fir&s;t enquires, <HI>Whether any there had a Commi&s;&s;ion from King</HI> William <HI>to be Baron of his Exchequer? and if any, that his Commi&s;&s;ion might be publickly read:</HI> and afterwards pro|ceeded to &s;how the Unrea&s;onablene&s;s of their Demands; but all to little purpo&s;e, the Court proceeding to enter Judg|ment again&s;t the Inhabitants, for whom he appeared, only giving them eight dayes time to con&s;ider, whether they would voluntarily pay their (illegal) demands, which other|wi&s;e would be levied upon them by Di&s;tre&s;s.</P>
<P>About four a Clock in the after-noon of this day, was in &s;ome mea&s;ure verified an Expre&s;&s;ion our U&s;urper not long &s;ince, was plea&s;ed to utter to a Per&s;on of good Reputation in this Province, who enquiring of him, <HI>By what Power he did <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">uch Actions?</HI> To whom he an&s;wered, <HI>That he was in|ve&s;ted with &s;uch a Power as in a little time he could Command the Head of any man in the Province, and it would be forth|with brought him.</HI> <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">omething like hereunto was this day
<PB N="41" REF="24">fullfilled; for giving Command to <HI>William Churchill,</HI> and &s;everal Souldiers with him, a&s;&s;i&s;ted by &s;ome of the Inhabi|tants of this City, namely, <HI>Abrhaam Brazior, Abraham Clomp, Wit Timber,</HI> and divers others, they go to the Hou&s;e of Col. <HI>Nicholas Bayard,</HI> and by force of Arms enter the &s;ame, breaking open &s;everal Doors and Locks, in order to the &s;eizing of the &s;aid Colonel <HI>Bayard,</HI> whom (as &s;ome of them &s;aid) they were ordered to take dead or alive. Colonel <HI>Bayard</HI> for his own &s;ecurity had left his own Hou&s;e, and was gotten into his Neighbours, near his back-&s;ide, <HI>viz.</HI> one Mr. <HI>Richard Elliot,</HI> a Cooper, who&s;e Hou&s;e in like manner by <HI>Churchill</HI> and his Attendants, was broken open, where they laid hold of Colonel <HI>Bayard,</HI> and in a mo&s;t Abu&s;ive manner dragg'd him to the Fort. In this Riotous Tumult was &s;toln out of the Hou&s;e of the &s;aid <HI>Elliot,</HI> three Silver Spoons.</P>
<P>But the unlimited Will of this Violent Rapacious U&s;<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">per was not yet &s;atisfied with the taking and impri&s;oning of Col. <HI>Bayard,</HI> nor his Malice thereby fully an&s;wered: for in like manner he vents his Fury again&s;t <HI>Stephanus van Cortlandt,</HI> late Mayor of this City, who&s;e Hou&s;e likewi&s;e was broken open, and mo&s;t of his Doors and Locks &s;poiled, though they were fru&s;trated of their De&s;ign, by his e&s;caping out of their cruel hands for that time.</P>
<P>Al&s;o, Mr. <HI>William Nicols</HI> was laid hold on by the men of <HI>Breuckle</HI> at the Ferry-hou&s;e on <HI>Long-I&s;land,</HI> and was brought over in the Evening and carried to the Fort.</P>
<P>The next Morning the Ferry-man was in like manner brought to the Fort, where the&s;e three Subjects of their Maje&s;ties are illegally impri&s;oned, and with whom how Barbarou&s;ly they intend to deal, Time will be&s;t di&s;cover.</P>
<PB N="42" REF="25">
<P>We &s;hall end this our Declaration and Prote&s;tation, Nar|ratively &s;et down, by naming the principal Authors of our pre&s;ent Mi&s;eries, which are the&s;e following, <HI>viz.</HI></P>
<CLOSER><SIGNED><LIST>
<ITEM><HI>Jacob Ley&s;ler,</HI></ITEM>
<ITEM><HI>Jacob Milborne,</HI></ITEM>
<ITEM><HI>Samuell Ed&s;all,</HI></ITEM>
<ITEM><HI>Peter D'Laney,</HI></ITEM>
<ITEM><HI>Dr. Samuel States,</HI></ITEM>
<ITEM><HI>Dr. Ger. Beckman</HI> of <HI>Flackbus.</HI></ITEM>
<ITEM><HI>Thomas VVilliams,</HI></ITEM>
<ITEM><HI>Benjamin Blagg,</HI></ITEM>
<ITEM><HI>Hendrick Jan&s;en,</HI></ITEM>
<ITEM><HI>Hendrick Cuyler,</HI></ITEM>
<ITEM><HI>John Cowenhoven,</HI></ITEM>
</LIST></SIGNED> Again&s;t whom we wait a fair opportunity legally to pro|ceed.
<DATELINE>Dated in <HI>New-York</HI> <DATE>this 21th of <HI>January, Anno&abque; Domini</HI> 1690.</DATE></DATELINE></CLOSER>
<TRAILER>FINIS.</TRAILER>
<PB REF="25">
<PB REF="26">
<PB REF="26">
<PB REF="27">
</DIV1>
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