USA > New York > History of the state of New York. Vol. II, Pt. 2 > Part 33
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ter promptly examined into the allegations in the address CHAr. XII. of the merchants and other inhabitants of New York to the king against Leisler, and found them " severally true, and 1691. that they have been very modest in their relation." The memorial of Blagge was reviewed and answered by Bayard et April. and Nicolls, and the governor was " very well satisfied with memorial Blagge's the truth thereof." In his report to England, Sloughter re- i May. answered. Sloughter's marked that, during his absence, Ingoldesby " did behave reports to England. himself with much prudence and discretion, and make it his whole care to prevent bloodshed, and had he not been covered by the militia, this place had been too hot for him. I. was joyfully received amongst them. I find those men against whom the depositions were sent, to be the principal and most loyal men of this place, whom Leisler and Mil- borne did fear, and therefore grievously oppress. Many that followed Leisler are well enough affected to their Maj- esties' Government, but through ignorance were put upon to do what they did; and I believe if the chief ring-lead- ers be made an example, the whole country may be quiet- cd, which otherwise will be hard to do." In his letters et March. 6 May. to Secretary Nottingham and the Plantation Committee, 7 May. Sloughter declared that " the loyal and best part of the country is very carnest" for the execution of the prisoners, but advised that, " if his Majesty shall please to grant his pardon for all except Jacob Leisler and Jacob Milborne, it will be a favour."# As Clarkson was the provincial secre- tary by royal patent, the governor and Council appointed 15 April. David Jamison, the Scotch " Sweet Singer," who had come derk of the Jamison back from Boston, to be its clerk. The affairs of Albany Council. and its neighborhood having been considered in Council, letters were ordered to be written to Virginia, Maryland, Letters to and the other adjoining colonies, asking assistance to NOW and other Virginia York against the French and Indians, " the common enemy colonies. of the English in America." Domine Dellius, who had hastened back to New York after the fall of Leisler, was now, in consideration of his services among the Mohawks, 18 April.
Dellius ro allowed the sixty pounds " formerly paid yearly to two Rom- turns and ish Priests that attended on Governor Dongan."t is reward- ed.
* Council Min., vi .. 20. 21 ; C. 1. Doc .. HL, 251-800, 750-608 ; Doc. Ilist., il., 220-223; Chal- mers'e Annala. i., 610. 611 ; ant., 6.1.
t Council Min, vi., 15, 17. 14 : 0.1. MES, xxxvii., 103; Col. Dec., ill., 771, 362 ; iv., 490 ; ante. 407, 469, 4ST, 511, 505, 300. 624
II .- Ss
612
HISTORY OF THE STATE OF NEW YORK.
CHP. XII.
1691. 9 April. Assembly meets.
Its mem- bers.
On the appointed day the Assembly which Sloughter had summoned met in the city of New York. It was the first time that the popular representatives of the province had convened under the direct authority of the English crown. The metropolis elected James Graham, after a contest with Abraham de Peyster, and William Merrett, Jacobus vau Cortlandt, and Johannes Kipp. Albany chose Dirck Wes- sells and Levinus van Schaick; Ulster and Dutchess, Ilen- ry Beekman and Thomas Garton ; Westchester, John Pell ; Richmond, Elias Duksberry and John Dally ; Suffolk, Hen- ry Pierson and Matthew Howell; Queens, John Bound and Nathaniel Pearsall; Kings, Nicholas Stillwell and John Po- land. Rensselaerswyck afterward sent Killian van Rens- selacr. All the elected burgesses took the appointed oaths, with the Test, except those from Queens county, who seru- pled because they were Quakers; in whose places Daniel Whitehead and John Robinson were returned. William Demire was also chosen from Ulster in place of Garton, who " could not attend." The members, who were all op- posed to Leisler, chose James Graham, of New York, for their speaker, and John Clapp, who had drawn up the Queens county letter of November, 1690, their clerk. For many years, in want of better accommodation, the Assem- bly " sat in a Tavern."*
Speaker and clerk.
Speeches of Sloughter and Dud- ley to the Assembly.
15 April.
17 April. Its resolu- tions against Leisler's arbitrary 90te.
The governor and " President" Dudley each made speech- es to the Assembly, advising them to prepare an address to their majesties, as well as laws to establish courts of justice, to maintain ministers in every town, to quiet the troubles in the province, to support the garrison at Albany, and to continue the revenue. As its first work, the Assembly took up a petition " by several Freeholders, inhabitants within this Province, setting forth several oppressions and hard- ships executed upon their Majesties subjects in this Prov- ince by Jacob Leisler, Samuel Edsall, and others." Upon consideration, the House resolved unanimously that Leis- ler's acts had been tumultuous, illegal, arbitrary, destruc- tive, and rebellious ; and that the tragedy at Schenectady could only be " attributed to the disorders and disturbances
* Assembly Journals, i., 1-10, 171, 101 : Connell Journals, i., 1-6, 216, 220; Col. Doc., iii .. 750, 761, 768, 750. 722, 505: iv .. 215, 847, 1115: Doc. Hist., ii., 200; South, i, 112, 113; Duo- · lap, 1., 207; il., App. xlvii., xlvii. ; ante, c25, 026.
:
horaur
648
HENRY SLOUGHTER, GOVERNOR.
of those who had usurped a power contrary to their Maj- CHAr. XII. esties authority, and the right of government over this Province." This expression of the popular voice of New 1691. 1S April. York was agreed to by the governor and Council, and or- dered to be published. In answer to Sloughter's request for their opinion concerning a reprieve to Leisler and Mil- borne, the Assembly resolved "that their Majesties have 20 April. only intrusted that matter of reprieving with his Excellen- cy alone, and they dare not give their opinion thereupon." At the same time they presented him an address, " That as Is April. in our hearts we do abhorr and detest all the rebellions ar- abhorred Rebellion bitrary and illegal proceedings of the late usurpers of their sembly. Majesties' authority over this Province, so we do, from the bottom of our hearts, with all integrity, acknowledge and declare that there are none that can or ought to have to rule and govern their Majesties subjects here, but their Majesties' authority, which is now placed in your Excel- lency."*
A few days afterward, upon information " That the sev- 2+.April. eral laws made formerly by the General Assembly and his late Royal Highness, James, Duke of York, &e., and also the several ordinances or reputed laws made by the pre- ceding governors and councils, for the rule of their Majes- ties' subjects within this Province, are reported amongst the people to be still in force," the House resolved unanimous- The As- ly, " 'That all the laws consented to by the General Assen- solves that sembly re- bly, under James, Duke of York, and the Liberties and I lawa of the coloni- Jamies are Privileges therein contained, granted to the People, and de- void. clared to be their Rights, not being observed, and not rati- fied and approved by his Royal Highness, nor the late King, are null, void, and of none effect: And also the several or- dinances made by the late Governors and Councils, being contrary to the Constitution of England, and the practice of the government of their Majesties other Plantations in America, are likewise null, void, and of none effect nor force within this Province." Whatever may have been The Coun- the motive for this extraordinary resolution, the Assembly concur in did not present it to the governor and Council for their tion. this resolu- concurrence, and therefore it never had any legal effect in
* Assembly Journals, i., 2-7; Council Journal, i., 2-4; Smith, 1., 113, 114; Doct. Ilist., il., 205, 208.
cil does not
644
HISTORY OF THE STATE OF NEW YORK.
CHAR. XII. New York. James's laws remained in force there until regularly repealed .*
1691.
A loyal address to the king and queen was now signed & May. Assembly's by the governor and Council, and the Assembly, and sent address to William to England by way of Virginia. Its chief point was to de- and Mary. fine more clearly the " territories depending" on the prov- ince, mentioned in Sloughter's commission and instruc- tions. The king was therefore prayed to annex again Con- nectient, New Jersey, Pennsylvania, and Delaware to New York, and thus re-establish her ancient bounds, for her bet- ter defense and support.t.
15 April.
Bills to be drawn by attorney general. 16 April,
As the members of the House of Assembly were not ex- ports in legislation, they asked the governor and Council that Attorney General Newton might " draw up such hills as are necessary for their Majesties' service, and the good of this government." "This was ordered; but Newton at the same time told the Assembly that the governor had di- rected him to go to Boston, and bring back the provincial . records. Hle was answered that "it was his duty and busi- ness to attend this House during the sessions." Newton, however, went to Boston, as Sloughter had ordered ; and the difficulty was overcome by the appointment, first, of George Farewell, and then of Speaker Graham, to draft the Assembly bills .;
6 May.
Law to ders.
The first royal General Assembly of New York passed fourteen laws. Of these, the earliest was "for quieting and Qniet disor- settling the disorders that have lately happened within this Province, and for the establishing and securing their Maj- esties' prosent government against the like disorders for the future." This law was thought " very necessary to remove the people's mistake they had been poisoned with from New England, that the Crown has nothing to do with the people here." It enacted " that there can be no power and authority held and exercised over their Majes ties' subjects
* Assembly Journals, i., $, 9; Smith. i., 114, 115; Chalmers's Annala, i., 555; Butler, 41; Daly, 34. Compare Journ: 1 of the Legislative Council of New York, i., 5-10, in which there is no record of the concurrence of t! o Council, nor of the assent of the governor. smith a ?- cribes this action of the Assembly to "art" rather than to "ignorance :" but I can not see how such transparent stupidity could deceive or sway even the weak Sloughter, much less his Council.
+ Col. Doc., ill., 623, 695, 762. 508. 720, 795; Assembly Journals, i., 3, 11; Council Jour- nale, i., T; Col. MISS. XXXVII, S. C.
$ Assembly Journals, 1., 5, 7. 4, 10, 11, 12; Council Journal«, i., 3, 7; Connell Min .. vi .. ? ", 51; Col. MSS., xxxvi., 91, 233; Col. Doc., ill., 621, 769 ; iv., $47.
HRO THOTBUT
645
HENRY SLOUGHTER, GOVERNOR.
in this their Province and Dominion, but what must be de- CHAP. XII. rived from their Majesties, their heirs and successors; # * * * and that none ought or can have power, upon any pre- 1691. tence whatsoever, to use or exercise any power over their subjects in this Province, but by their immediate authority under their Broad Seal of their realm of England as now established." As Bavard and others had suffered severely under Leisler, it was further chacted " that whatsoever per- son or persons shall by any manner of way, or upon any pre- tence whatsoever, endeavour by force of arms or otherways, to disturb the peace, good, and quiet of this their Majesty's government, as it is now established, shall be deemed and esteemed as rebels and traitors unto their Majesties, and in- cur the pains, penalties and forfeitures as the laws of En- gland have for such offenees made and provided.""
While the Assembly thus testified its loyalty to the En- glish crown, it reasserted these popular rights which Don- gan's first Assembly had proclaimed. An act was passed, " declaring what are the rights and privileges of their Maj- esties subjects inhabiting within this Province of New 13 May. York," which followed, with little variation, the language claring the Law de- rights of of the repealed " Charter of Liberties" of October 30, 1653. the people It differed from its model in extending the Test Act of York. England to New York, and in omitting the clauses re- ferring to the " privileged churches" and their ministers throughout the province. At the instance of the Council, a proviso was inserted that it was not "to give liberty for any persons of the Romich religion to exercise their man- ner of worship contrary to the laws and statutes of their Majesty's Kingdom of English" This was necessary, be- cause William's instructions to Soughter required him " to permit a liberty of conscience to all persons except Pa- pists." Following the example of New York, Massachu- setts the next year passed a shailar law. But the govern- ment of William not long afterward disallowed both these laws, because, among other things, they contained " several large and doubtful expressions."t
* Bradford's Laws of New York, 1: Van A. hauck. 1. 2; Col. Doc , ilf., 190. 795 ; Assembly Journal, i. , 8, 9, 19; Council Journal. 1., 5. 6; shath, 1, 104, 165; Chalmers's Rev. Col., i., 201: Hargraves State Trials, v., 421. The latter cause of this act was repealed June 27, 1704, 2 em marquenes of the ghan tore ador it against Beyond pinetlf : Council Journals, i. 2:5, 201; 0 4. Doc, is. 1114, 1175. t Bradford's Law-, 2-5 (ed. 100%, 15-13); A-sen.bly Journal, i., 9, 12, 13, 14; Council
646
HISTORY OF THE STATE OF NEW YORK.
1691. 6 May. Courts of Judicature etablich- ed.
15 May. Judges &P- pointed.
Another important act was passed "for establishing Courts of Judicature." This the governor, with his Coun- cil, had the power to do by his commission and Justrue. tions. But Sloughter recommended a law to be passed sit- ilar to that of Dongan's in 1683, which was "a forme found very agreeable to the Constitution of this Government." So it was enacted that, besides various local tribuals, there should be a Supreme Court, to sit in the city of New York, and be held by a chief justice, a second justice, and associ- ate justices, to be appointed by the governor. The act was limited to two years, but it was afterward renewed from time to time. Under this law Sloughter appointed Joseph Dudley chief, and Thomas Johnson second justice, and William Smith, Stephen van Cortlandt, and William Pin- horne associate justices. All the judges were members of the Council. The chief justice was allowed an annual sal- ary of one hundred and thirty pounds, and the second jus- tice one hundred pounds, " for riding the circuit ;" but no pay was given to the other three "puisne," or inferior judges.“
10 May. Revenue Act. Limited.
" A revenue for defraying the publie expense of the Province" was also granted by the Assembly. The mon- eys raised were to be paid to the receiver general, and i ... sued under the governor's warrant. But the law was litt- ited to two years; and this became a precedent, to the an- noyance of the succeeding governors, who wished revenue to be granted for longer periods. At the same time, the Assembly asked the governor to order the receiver general to pay to Captain William Kidd one hundred and fifty pounds, "as a suitable reward for the many good services done to this Province," and also one hundred pounds to Major Ingoldesby for like "good services."+
Kidd re-
warded.
Journal, i., 7, 8, 9; Smith, i., 117 ; Col. Doc., ill., 357, 370, 678, 6S); iv. . 263-965 ; Chalin.ry's Rev. Col., L, 235, 200, 241; Annale, il., 51, 40, 32, 113; Hutch. Mass., ii., 64; Gordon's Aunr. Rev., 1 , 97-99; Banere A, Hi., 56, 95; Butler, 05, 40, 41 ; N. Y. Laws of 1513, il., App. ili. - vi. ; ante, 993-395, 428; post. Appendix, Note E.
* Bradford's Laws (1694) ; Paine and Duer's Practice, il., AApp., 715; Assembly Journ ..!. i., 4, 5, 8, 9, 10; Council Journal, i., 3, 5, 6; Council Min., vi., 27: Col. Dos .. ili., 251. 62%. GST, 110, 756, SIS, 843; iv., 25-28, 37, 11:7; Wood, 140; Smith, 1., 116, 370, 25); Hitler. 45; Daly's Sketch, 34, 35, 36; Laws of 19!3, H., App. vili .- x. ; ante, 3-6.
t BradforI's Laws, 27: Chalmers's Rev. Col .. i., 244; Smith, i., 116; Butler, 45; Arenx bly Journal, i., 6, 7, 13, 14; Council Journal. i., 2, 2. 5, 9, 19; gutp. 635. At the same time that Captain Kidd received the money voted him by the Assembly, he was mirsici 3 . Sa mah, widow of the late J. ha fort, of New York : Val. Man., 1StG, 35); C 1. MISS., XXXY .... 112, 121; Dec, Hist., il., 216; luby's Merchants' Mag., xiv., 41, 42.
647
HENRY SLOUGHTER, GOVERNOR.
The Assembly, however, did nothing in regard to Slough- Ciar. XII. ter's recommendation for the establishment of ministers in cach town. A bill was drafted by Farewell, but it Was I'e- 1 May.
1691. jected, "not answering the intent of the House." The last No minis- law passed by the Assembly was " for pardoning such as 16 May. ters' bill. have been active in the late disorders." It excepted, how- law_cer- Amnesty ever, the most prominent actors, Jacob Leisler, Jacob Mil- borne, Gerardus Beekman. Abraham Gouverneur, Abra- ham Brasher, Thomas Williams, Myndert Coerten, and Jo- hannes Vermilye, who had already been attainted of trea- son and murder ; and also Nicholas Blank, Garret Duyck- inck, Hendrick Jansen, John Coe, William Lawrence, Cor- nelis Plnvier, William Churchill, Joost Stoll, Samuel Staats, Jacob Maurits, Robert Leacock, Michael Hansen, Richard Parton, Joseph Smith, John Bailey, Rocloff Swartwout, An- thony Swartwout, Johannes Provoost, Jacob Melyn, Benja- min Blagge, Jochim Staats, and Richard Pretty, who had been Leisler's most obnoxious followers .*
.
All the laws were daly promulgated at the City Hall, and the Assembly was adjourned to the next September. At the same time, the governor issued his proclamation is May. Sloughter's " for calling back such as through fears and jealousies have proclama- deserted their habitations, and to assure them of freedom tion. and liberty from unlawful and vexatious suits."t
Meanwhile the conviction of Leisler and his accomplices had produced great excitement in the province. A po- tition for their pardon was largely signed, especially in Petitions for Leis- Staten Island and in Westchester ; for which Daille was ler's par- cited before the Assembly, and others imprisoned by order don. of the Council as promoters of " riots and disturbances." Word also came from Albany that the Mohawks, disgusted with Leisler's mismanagement, were in treaty with the French, and that it was indispensable that the governor should quickly conciliate the Five Nations. Those inhab- itants who had suffered under the late administration bit- terly complained of its tyranny, and demanded expiation. The Dutch ministers, Selyns, Varick, and Dellins, constant- Ilis execu- tion de. ly preached and talked about Leisler's tyranny; and even mandel. the " wives of principal men" besought the governor "to
* Assembly Journal, 1. 7, 10, 11 : Bradfor !'+ Laws (109 0, 01. 23 ; Doc. Hist., il., 2"5; ante, C40. t Assen bly Journ., 1., 14; Coan:il Journ., i., 10; Col. MISS., xxxvii., 116.
tain excep- tion".
HISTORY OF THE STATE OF NEW YORK.
es xit have compassion on them and the country" by executing 1631. the sentence of the court. " Upon the clamour of the P'co- ple daily coming to his Excellency's ears," Sloughter asked 1. & lation the opinion of the Council ; which unanimously resolved, " That, as well for the satisfaction of the Indians, as the asserting of the government and authority residing in his Nh uid be created. Excellency, and preventing insurrections and disorders for the future, it is absolutely necessary that the sentence pro- nounced against the principal offenders, be forthwith put in execution." The governor's first purpose had been to reprieve the condemned until the king's pleasure should be known ; but the " clamour" of Leisler's aud Milborne's vic- tims could neither be restrained nor disregarded. Slough- ter, said to have been induced by his wife, accordingly, with reluctance and sadness, signed a warrant for the exe- ention of Leisler and Milborne, leaving the other convicts under reprieve. The same evening Domine Selyns was sent to announce to the prisoners their several fates, and exhort to preparation those who were to die. The resolu- tion of the Council was communicated to the Assembly, which the next day answered " that this House, according to their opinion given, do approve of what his Excellency and Council have done." The judgment of the court was accordingly executed on Leisler and Milborne the follow- ing morning, which was Saturday. The governor " respi- ted all the sentence saving the hanging and the separating their heads from their bodies." The gallows on which they were hung was near the old " Tammany Hall," in the city of New York, and their bodies were buried at its foot. Domine Selyns, in the midst of a drenching rain, offered the last consolations of religion to the sufferers. Leisler, in his dying speech, acknowledged "several enormities" committed against his will, and prayed for " pardon and forgiveness" Milborne, in a more theatrical vein, sceing Livingston in the crowd, impeached his recent Albany vic- tim " before God's tribunal."*
11 May. Souchter sign- the death- war- mut of I.Her and
Milborbe.
15 May.
15 May.
leider and ;,
Milborne executed.
Their dy- ing speech-
* Council! Min., vi., 22, 20, 28; Assembly Journal. i., 9, 10, 11, 13, 14 ; Doc. ITist., 211, 212- 215. 217, 236, 247, 248; Col. Doc., ill., 762, 266, 782, 702, 794, 812, S25; iv., 219, 400, 620; Col. MSS., xxxvii. 50, 96; Val. Man., 1.50. 441 ; 1300, 543; 1866, 507; N. Y. IL. S. Proc., 1849, 1)8: Colden, 1, 1"0, 131; Smith, i., 113, 119; Dunlap, i., 202, 209 ; Grahame, ii., 221 ; Ban- croft, ill., 51, 65; New York II. S. Coll. (Iwish, 71. 72, 821, 408-400, 414. Upon " tradition," Smith (i., 113) a-serts that Sloughter was invited to a fost, and that " when his Excellency's reason was drowned in his cups, the entreaties of the company prevailed with him to sign
to
£
649
HENRY SLOUGHTER, GOVERNOR.
The execution" of Leisler and Milborne, although per- Cuar. XII. feetly lawful, was, nevertheless, a great political mistake. It at once made them martyrs instead of convicts, and gave
1691. The execu- tion of rise to popular divisions, which for a long time injured the province. Concerning no prominent actor in New York Leister and Milborne a political colonial history has opinion more widely differed than in mistake: regard to Jacob Leisler. 1. German, and not a Dutchman, grenees in its conse- he has been generally held up as a champion of Dutch de- New York. mocracy against English aristocracy ; of colonial liberty as opposed to the rule of the mother country ; and of Protes- tantism against Romanism. Ilis official career negatives these theories. His conduct proved him to be more a ty- rant than a democrat, and as bitter an enemy of unques- tionable Protestants as he was of avowed Roman Catholics. It was the selfish attempt of an upstart demagogue to ob- tain a local importance, which neither his own character nor the circumstances of the province warranted. Seizing colonial authority under false pretenses, he clutched it to the end with a firin hand, growing more confident, more despotie, and more obstinate as he gained lacking experi- ence, and committing greater excesses in maintaining his impudent usurpation than any Governor of New York commissioned by the Duke of York or King James the Second. Leisler's assumption of provincial power did not benefit the English Revolution. If William's colonial gov- ernment had remained in the hands of Nicholson or his counselors, the province would have been better protected against the French and the ravages; the Canada expedi- tion might have succeeded : and New York would not have suffered from the party camities which long disturbed her peace."
the death-warrant, and before he revered his face the prisoners were executed." The records of the Council and A vomMy seem to disprove this " tradition," although it is af- firmed in a letter of members of the De h Chmich in New York to the Classis of Amster- dam of 21 October, 1025. The a Href the Assembly to Lord Bellomont of 15 May, 1000, attributes Sloughter's action chiefly to the "importanity" of Bayard, at whose house he was then lodging: MS. Journal, N. Y. B. S., 0:, 04: Col. MISS., xliii., 12; N. Y. H. S. Coll. (1965), 400, 414.
* Col. D.c., ili., 827 ; Chahere's Annata, 11 , 71, 72; Wood's Long Island, 109, 110, 111; Miller's New York, 50, 51, 111, 11%; Smith, 1, 119, 119; Danlap, i., 210, 211; Grabame, ii., 231: Bancroft, ili., 55. 00; Hoffman, in spak', Amer. Bi. g., xili., 179-239. Ebeling is a German, and not a Dutch writer, as stated by Dunlap.
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0
£
APPENDIX.
NOTE A, CHAPTER: L., PAGE 15; CHAPTER VI., PAGE 201.
King Charles the Second's firent of Not Netherland, d.c., to the Inthe of York.
CHARLES the Second by the Grace of God King of England, Scotland, France and Ireland De- fender of the Faith &c. To all to whom these presents shall come Greeting: Know ye that we for divers good Cause- and Considerations of therenato moving Have of our especial Grace, Cer- tain knowledge and gyere motion Giver and chanted and by the > presents for us Our heirs and Successors Do Give ait Gr fit unto our beprest Brother James Duke of York his Heirs and As- signs All that part of the maine Land of New England beginning at a certain place called or known by the name of St. Crois next adjoint ; to Now Scotland in America and from thence extending along the Sea Coast unto a certain plice called Petusquine or Pemaquid and so up the River thereof to the farthest bead of the same as it tendeth Northward ; and extending from thence to the River Kinobequi and so Upward- by the Shortest course to the River Canada Northward. And also all that I land or Istands commonly called by the several name or names of Matowacks or Long Island situate lying and being towards the West of Cape Cod and the Narrow Higansetts abutting upon the main land between the two Rivers there called or known by the several names of Connecticut ask! Hadsons River, toperl. : also with the said Hn er called Hudsons River and all the Land from the West side of Conte that to the East side of Delaware Bay. And also all those several Islands called or knowh by the Names of Martin's Vineyard and Nantukes otherwise Nan- tuckett ; Together with all the Last .. ICandy, Sofis, Rivers, Harbors, Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes. IT-R'us. Hawking, Hunting and Fowling and all other Royal- ties, Profits, Commodities and Heredhatsent to the said several Islands, Lands and Premises be- longing and app ertaining with the Ir and every of their appartenances ; And all our Estate, Right, Title, Interest, Benedi, Advantage, Chile and Demand of in or to the said Lands and Premises or any part or parcel thereof And the Recession and Reversions Remainder and Remainders together with the yearly and offer the Rent -. In sontes and Profits of all and singular the said Premises and of every part aad parcel thereof; To have and to hold all and singular the said Lands, Isl- ands, Hereditaments and premises with their and every of their appartenances hereby given and granted or herelobef For ipad to be obra and granted unto our Dearest Brother James Duke of York his Heirs and -saint- forever, To the only proper use and behoof of the said James Duke of York his Heirs and A - A free -. To b. Man of Us off Heirs and Saccessors as of our Ma- nor of East Greenwich ald ver Co: bt) . : Kent in free and common soccage and not in Capite nor by Knight service y Soy ad rb !... And the ssid James Duke of York doth for him- self his Heirs and Asstr ativesant mulige mise to yield and render unto us our Heirs and Suc- cessors of and for the same ye vh and every year forty Beaver skin's when they shall be demanded or within Ninety days after. An ! We de further of our special Grace certain knowledge and mere motion for us our Heire all Successors folie and Grant unto our said Dearest Brother James Duke of York his Heirs, Depatles. A rents, Conun. jobers and Assigns by these presents full and abso- lute power and authority to correct, j'ai-ig arden, govern and rule all such the subjects of us Our Heirs and Schcessors who thay Boom tane to tine adventure themselves into any of the parts or places aforesaid os that shall er do at any time hereafter inhabit within the same according to such Laws, Orders, Ordinances, birvethen . and Instruments as by our said Dearest Brother or bis Assigns shall be established ; And la de? ~ a twoof in case of necessity, according to the good dis- cretions of Lis Deputies, Commi- somers, Offers of Assigns respectively ; as well in all causes and matters Capital and Criminal as civil e 'h marine and others; So always as the said Statutes Ordinances and proceedings be nos contrary to but as morar as couveniently may be agreeable to the Laws, Statutes & Government of thi. Our Realin of England, And saving and reserving to us Our Heirs and Successors the receiving , he aring and determining of the Appeal and Appeals of all or any Person or Persons of in or bebagins to the territories or I-laads aforesaid in or touching any Judgment or Secteure to be there taylor given. And further that it shall and may be law- ful to and for ver said Pho -: Bisher ? :- Hours and Assigns by these presents from time to time to nominate, make, constitute, o. lig and can iem by such name or Lame stile or stiles as to bin or them shall seem good and likewise to rev. ke, decharge, chdage and after as well all and sin-
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