royal blazon or coat of arms HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT  
The Fifth Assembly, Third Sessions.  
Beginning the 25th Day of March, and ending the 24th Day of April, Anno Regni Regis Gulielmi nunc Angliae, Scotiae, Franciae & Hiberniae, Sexto.  

An Act for the better enabling the Executors of Thomas Lloyd, Esq deceased, for selling of Lands for the payment of Debts, and Portions settled by the said Thomas Lloyd and Patience his Wife, upon her Children by her former Husband Robert Story, deceased.  
WHereas there are several pieces or parcels of ground, with the Houses and Appurtenances belonging, situate without the North Gate of the City of New-Yo●k, with an Island, called, Dyers or Oyster Island, which William Dyer, late of New-York aforesaid, and Mary his Wife, both since deceased, by their Indenture of Bargain and Sale, dated the 23d day of April, 1686, made between them the said William and Mary Dyer of the one part, and Thomas Lloyd, then of New-York aforesaid, of the other part, for the Consideration therein mentioned, did grant, bargain and sell unto the said Thomas Lloyd, to hold to him, his Heirs and Assigns forever, to the intent that the said Thomas Lloyd and his Heirs should from hence forth stand and be seized of the Premises, to the use of him the said Thomas Lloyd and Patience his then Wife, during their joint natural Liv●…, & after the decease of either of them, to the use of the longest Liver of them, their Heirs and Assigns forever, as by the said Indenture, recorded in the Secretary's Office at New-York, relation being thereunto had, may more at large appear. And whereas the said Thomas Lloyd and Patience his said Wife, by their Deed Poll, dated the 30th day of April, 1686. importing a further Declaration of the Uses of the said recited Indentures of Bargain and Sale, to be, that the said several pieces or parcels of Ground, Island, Houses, and all other the said Premises, should be, and remain engaged as security for the payment of three hundred Pounds to Enoch Story, as part of the Legatory Portion given him by the last Will and Testament of Robert Story, his late Father, deceased; and the like Sum of three hundred Pounds to Mercy Story, as part of her Legatory Portion given her by her said deceased Father, Robert Story And further, they the said Thomas Lloyd and Patience his Wife, did thereby declare their further intent to be, That after the decease of the longest Liver of them, the said Thomas and Patience the said several Parcels of Land, Island and all other the Premises, with the Appurtenances, the said six hundred Pounds being first paid to the said Enoch and Mercy, should descend and come to the youngest Children of him the said Thomas Lloyd, that is to say, to his Daughter Elizabeth and Margaret, and to their Heirs and Assigns forever, as by the said Deed Poll recorded in the said Office at New York, may more fully appear.  
And whereas the said Thomas Lloyd afterwards, to wit, in the year 1692. out of a generous Disposition and good design to encourage and promote the improvement of the said City, as well by paying the Debts due by Robert Story deceased, his Predecessors, as to answer his own private utility and ●…ons, did obtain the leave and concurrence of the then Mayor and principal Men of the Town, for the laying out of the said several parcels of Ground into Lots and Streets suitable to accommodate the same. And thereupon he the said Thomas Lloyd and Patience his said Wife, not knowing but that their Sales of the Premises might create the Purchasers a sufficient and absolute Title, did bargain and sell some part of the said Ground, with the Appurtenances, in order to discharge the said 600 l. and other Debts, due from the Estate of the said Robert Story deceased. And whereas the said Tho. Lloyd by his last Will and Testament, dated the 10th of September, 1694. did empower his Executors, or any two of them, to sell, dispose and convey all his Estate, Right, Title and Interest of, in o● to all or any part of his Land and Hereditaments in New-York, or elsewhere, and made his said Wife Patience Lloyd, his Son Mordicai Lloyd, with Isaac Norris and David Lloyd, his Executors, and shortly after died; after whose decease the said David Lloyd and Isaac Norris took upon them the burden of the said Executorship, & with the consent of the Overseers of the said Robert Story's last Will, did pay unto the said Patience Lloyd the said 300 l so as aforesaid secured to the said Enoch, and also did pay the said 300 l so secured to the said Mercy, unto her Husband John Godfrey, since their intermarriage, in full performance of the Condition or Proviso contained in the said Deed Poll, whereby the said Premises were pledged and bound for the payment of the said 600 l. aforesaid. And whereas also, that although the said Elizabeth, the surviving Daughter of the said Thomas Lloyd is arrived to the age of nineteen years, and doth signify her rea●…ess and assent to join with the said Executors in any act or acts that may preclude and debar her and her Heirs from the said remainder, or any other Right, Interest, Remainder or Reversion of, in or to the said several parcels of Ground, and other the Premises, or any part thereof, yet nevertheless, her Nonage, according the strict Rules of Law, renders her incapable to execute any Conveyance for the releasing her said Right or Interest, by reason whereof the said Executors are retarded in the Administration of the said Estate, and in paying the Debts due by the said Robert-Story and Thomas Lloyd deceased, for want of having the said Estate improved to the greatest advantage by sale. And the said Purchasers apprehending themselves likewise insecure, Therefore for the further security of the Purchasers aforesaid, and better enabling of the said Executors to sell, convey and assure what remains unsold of the said Ground and Premises, and that the same, when sold, may be converted, according to the true intent and meaning of this Act, for the payment of the said Debts of Robert Story and Thomas Lloyd, and to no other use and intent whatsoever. And after their said Debts are well and truly paid, the residue and remainder, if any there shall be, to be equally divided, two thirds thereof unto the said Elizabeth Lloyd, and the other third part unto the said Patience, her Executors, Administrators and Assigns forever, according to certain Articles of Agreement made and concluded between the said Executors and Patience, bearing date the 28th day of March, relation being thereunto had, may more fully and at large appear. May it please his Excellency Benjamin Fletcher Captain General and Governor in chief in and over the Province of New-York, etc. and Council and Representatives of the same in General Assembly, at the humble Petition and Request of the said Patience Lloyd, David Lloyd, Isaac Norris, John Godfrey and Elizabeth Lloyd, That it may be Declared and Enacted, and Be it therefore Enacted by the Governor and Council, and Representatives convened in General Assembly, & by the Authority of the same, That the enrolment and Record of the said recited Deed Poll made by the said Thomas Lloyd and Patience his said Wife in manner aforesaid, shall, by the Authority of this General Assembly be made void and canceled, and that the Uses and Remainders thereby raised, limited and declared, or therein mentioned or intended to be raised, limited or declared, shall from henceforth cease, determine and be utterly void and of none effect.  
And to the end and intent that the said Executors may be the better enabled to pay the said Debts and Portions, and distribute the remainder or reside of the said Estate, if any there be, in manner aforesaid, Be it further Enacted by the Authority aforesaid, That they the said Executors of the said Thomas lloyd's last Will and Testament aforesaid, their Heirs, Executors and Assigns may be enabled, and are hereby enabled and impowered by their Conveyance to be executed in due form of Law, as well to confirm the said Sales so made by the said Thomas and Patience Lloyd in his Life time, as aforesaid, to the Purchasers , and to every of them their Heirs and Assigns forever, as also to sell, convey and assure all and every part of the said several pieces of Ground, Island, and all other the Premises, with their and every of their Appurtenances remaining unsold by the said Thomas and Patience, to hold to such Person or Persons as shall purchase the same in fee simple or otherwise, the said recited Deed Poll, or any Article, Covenant, Clause, Proviso or Condition therein, or in any other Deed whatsoever contained to the contrary in any wise notwithstanding.   

An Act for the raising of one hundred and twenty effective Men, to be employed by his Excellency for the reinforcing and strengthening the Fronteers of the Province at Albany, over and above the present Number of Forces posted and employed there for the safety of this and Neighbouring Provinces, to continue there for one whole year from the first of May next to the first of May in the year 1607. and for the raising the Sum of Two Thousand Five Hundred Ninety Three Pounds, six Shillings and eight Pence, to be distributed by his Excellency, the Captain General, amongst the said Men, and the rest of the four Companies s●… over by his Majesty.  
WHereas the Forces lately sent over by his most Excellent Majesty, at the humble Request and Desire of his Excellency, his Majesty's Captain General, for the ease and safety of this Province, are since their arrival much weakened by Death, Desertion and Sickness, and the strength of the Fronteers at Albany thereby much lessened, to the great endangering of this and the adjacient Neighbouring Plantations that place having been, since the War, the only Barrier and place of Defence, whereby the said adjacent Plantations have been preserved from the Violence and Incursions of the Enemy. And whereas it is ind●spensibly necessary that the said Fronteers should be reinforced, and sufficiently strengthened for the future Safeguard of our said neighbouring adjacent Plantations, and the like Preservation of this Province, The Representatives convened in General Assembly taking the same into their serious Consideration, by the special direction of his Excellency's Speech made to them at the opening of this Sessions of General Assembly, as a matter of great weight, and a Compliance thereunto as the best Return, and the most acceptable Service that his Majesty's Subjects in this Province can make unto his most sacred Majesty, who in the midst of his Pressures, and the great and bloody War h●s sac●ed Person is engaged in, hath graciously condescended to remember the little handful of his People inhabiting in this his Majesty's Province, do therefore with the deepest Sense, in most humble and most dutiful Acknowledgement of his Majesty's most gracious Favour in sending Supplies of Men, Artillery, and other Stores of War, for the ease and safety of his most Loyal Subjects inhabiting within his Majesty's said Province, as well as in rendering an entire Obedience unto his Majesty's Royal Command, communicated in General Assembly by his Excellency, his Majesty's Captain General's Speech, as aforesaid, Humbly pray that it may be Enacted, And Be it therefore Enacted by his Excellency the Governor and Council, and Representatives convened in General Assembly, and by the Authority of the same, That a Fund of Twenty five hundred ninety three Pounds, six Shillings and eight Pence, current Money of this Province, be laid assessed, raised and levied upon all and every the Inhabitants, Residents, Sojourners and Freeholders' of and in this Province, which together with the Sum of Two hundred Pounds, like current Money, raised formerly by virtue of an Act of Assembly, entitled, An Act for the raising the Sum of Seven Hundred Pounds, etc. makes in the whole the Sum of Two Thousand seven hundred ninety and three Pounds, six Shillings and eight Pence, to be employed by his Excellency for the reinforcing and strengthening the Fronteers of this Province at Albany with one hundred and twenty effective men, over and above the present Number of Forces posted and employed there for the safety of this and Neighbouring Provinces, and to remain and continue there for the said service, and to free the Inhabitants of the Province from Detachments, except in case of inevitable necessity, for the space and during the term of one whole year, to commence on the first day of May next ensuing the publication hereof, and to end and terminate upon the first day of May then next following, which shall be in the year of our Lord 1697. which Number or Men are to be listed and form in such ways, and after such manner as his Excellency the Captain General shall think fit, and the said Sum of 2793 l. 6 s. 8 d. to be employed and distributed by his said Excellency the Captain General, amongst the said Number of 120 effective Men, to be posted and employed for the reinforcing and strengthening the Fronteers, as aforesaid, and the rest of the four Companies sent over by his Majesty, for the ease and safety of this Province, in such manner and Proportion as to his Excellency in his discretion shall be thought convenient and needful. To be laid, assessed, raised and paid unto His Majesty's Receiver General, for the time being, at the City of New-York, in two equal payments, the one moiety or equal half part of the said Sum of 2593 l. 6 s. 8 d. at or before the 29th Day of September next, and the other moiety or equal half part thereof, at or before the 25th of March than next following, which shall be in the year of our Lord 1697. according to the several and respective Quota's and Proportions following, that is to say,  
For the City & County of New-York, Seven hundred ninety seven Pounds nine Shillings, being their Quota & Proportion of 2593 l. 6 s. 8 d. for the Uses aforesaid.  
For the County of Westchester, One hundred forty two Pounds, twelve Shillings and eight Penc●, being their Quota and Proportion, as aforesaid, for the U●es aforesaid.  
For the County of Richmond, Sixty four Pounds, sixteen Shillings and eight Pen●…, being their Quota & Proportion, as aforesaid, for the Uses aforesaid.  
King's County, F●ur hundred fifty five Pounds, two Shillings & eight pence, being their Quota and Proportion, as aforesaid, for the Uses aforesaid.  
Queen's County, Four hundred and seven Pounds, three Shillings, being their Quota and Proportion, as aforesaid, for the Uses aforesaid.  
Suffolk County, Four hundred sixty six Pounds, sixteen Shillings, being their Quota and Proportion, as aforesaid, for the Uses aforesaid.  
Ulster & Duchess County, Two hundred thirty three Pounds eight Shillings, being their Quota and Proportion, as aforesaid, for the Uses aforesaid.  
And Orange County, Twenty five Pounds, eighteen Shillings and eight Pence, being their Quota & Proportion, as aforesaid, for the Uses aforesaid.  
And for the assessing, levying and paying the aforesaid Sum of 2593 l. 6 s. 8 d. current Money aforesaid, Be it further Enacted by the Authority aforesaid, That the Mayor and Aldermen of the City of New-York, the Justices of the Peace, the Assessors and Collectors, for the time being, of all and every the respective Cities, Counties, Towns, Manors, Liberties and Jurisdictions within this Province, are hereby required, impowered and authorized to summons, assess, collect and pay the several sums of Money herein before mentioned, according to the Proportions before expressed, in such ways and means, and according to such manner, rule and direction, and under such Pains and Penalties as is contained, enjoined, prescribed and directêd in an Act of General Assembly, passed in the sixth Year of his Majesty's Reign, entitled, An Act for the raising and paying one hundred and seventy Men for the securing the Fronteers of this Province in the City and County of Albany: and all and every Article, Rule, Clause, Pains and Penalties mentioned in the aforesaid Act, for or concerning the summoning, assessing collecting and paying, or refusing and neglecting the Execution of their respective Duties therein required, shall be, abide & remain in full force and effect to all intents and purposes, ●as full and ample manner, for the due Execution of this Act, until the iabove-said Sum of 2593 l. 6 s. 8 d. be duly, fully and completely assessed, collected and paid, as above directed, as fully and in like manner as if the same were particularly and at large recited and set down in the Body of this Act, any thing contained therein to the contrary hereof in any ways notwithstanding. And the Mayor and Aldermen of the City of New-York, and all and every the Justices, Assessors and Collectors of the respective Cities and Counties aforesaid, and all others herein concerned, are to take Notice hereof accordingly.   

An Act for the Confirming and Continuing an Act of General Assembly made in fourth Year of his Majesty's Reign, entitled, An Act for the satisfying and paying the Debts of the Government, Eighteen Months longer than the term therein mentioned, for the paying the Debts therein expressed.  
THe Representatives convened in General Assembly, upon Examination of the Debts of the Government, do find it absolutely necessary tha● the for Additional Duty be continued eighteen Months longer than the time limited the expiration thereof, for the ends and purposes hereafter mentioned, and to no other purpose whatsoever. Be it therefore Enacted by his Excellency, the Governor and Council, and Representatives convened in General assembly, and by the Authority of the same, That an Act of General Assembly made in the fourth Year of his Majesty's Reign, entitled, An Act for the satisfying and paying the Debts of the Government, and since continued by two several Acts of General Assembly, for the purposes and ends therein mentioned, until the fourteenth day of November next, shall be continued and confirmed from the said 14th day of November next, until the end and term of eighteen Kalander Months then next following, that is to say, from the said 14th day of November next, until the 14th day of May that shall be in the Year of our Lord 1698. and no longer.  
And it is further Enacted by the Authority aforesaid, That the Additional Rates and duties, made payable upon Merchandizes and Liquors imported into this Province, by virtue of the said Act, shall be levied, collected and paid unto his Majesty's Reciver General for the time being, at his Majesty's Customhouse in the City of New-York, for the Term aforesaid, and no longer, according to such Rules and Directions, and under such Pains, and Forfeitures as is contained and enjoined by the said Act. And the aforesaid Act and every Article, Rule and Clause therein mentioned, shall be, abide, continue and remain in full force, virtue and effect, to all intents and purposes, for the payment of the said Sums of Money hereafter mentioned, in such due and equal Proportions as in the aforesaid Act is expressed and directed, and to no other purpose or intent, or in any other manner or proportion whatsoever, as fully and in like manner as if the same were particularly and at large recited and set down in the Body of this Act, any thing contained in the aforesaid Acts to the contrary hereof in any ways notwithstanding.  
And to the end that the Rates and Duties paid in manner aforesaid, and now in hand by virtue of the said Acts, and the Rates and Duties that are to be paid by virtue of this Act, may be duly, truly, and in the proportions aforesaid, paid and employed unto the several and respective Persons and Uses hereafter mentioned, and to no other use, purpose or intent whatsoever, Be it further Enacted by the Authority aforesaid, That the Sum of Two Thousand seven hundred thirty four Pounds eleven Shillings and three Farthings now in hand, and raised by virtue of the said Acts, be distributed according to the Proportions aforesaid, amongst the Persons and to the Uses hereafter mentioned; and the residue and remainder that shall arise and become payable by virtue of this Act, to be likewise distributed in like manner as aforesaid, unto the purposes hereafter mentioned, until the same be completely paid and satisfied, that is to say, for the paying and satisfying of 317 l. 13 s. 1 qr. due from the Government for Incidental Charges expended for the security of the Fronteers from the 28th Day of March, 1691. to the first day of May, 1696. And likewise for the paying and satisfying the Sum of 250 l. together with the Interest of Ten per Cent. per Annum, until the same be paid, due for the pay of the Officers and Soldiers of Major Schuylers' Company, according to establishment. And likewise the Sum of 1056 l. 13 s. 11 d. 1 qr. to Coll. Stephanus Courtlandt, being a Debt due to him from the Government, and for the payment thereof the Additional Duty was first raised. And likewise the Sum of 1103 l. 9 s. 8 d. 1 qr. to Major Brockholst and Capt. Baxter's Company, being a Debt due as last aforesaid. And likewise the Sum of 74 l. 8 s. to Major Wessellst being a Debt due as last aforesaid. And likewise the Sum of 1224 l. 6 s. 4 d., being a Debt due to the Magistrates of Albany, as last aforesaid. And likewise the Sum of 77 l. 8 s. 8 d. 1 ob. being a Debt due to Thomas Clark, as last aforesaid. And also the Sum of 15 l. being a Debt due to John Rofie, as last aforesaid. And also the Sum of 15 l. being a Debt due to David Schuyler, as last aforesaid. The whole of the said Debts, for which the said Additional Duty & Rates was first raised, amounting to the Sum of Three five hundred sixty six Pounds six Shillings & eight Pence. And likewise for finishing of his Majesty's Chapel in the Fort the Sum of 4●0 l And likewise the Sum of 150 l. to Coll. Richard Ingoldsby, for the defraying the extraordinary Charge he has been at by being posted at Albany for the security of the Fronteers. All which Debts and Sums of Money amount in the whole unto the Sum of Four Thousand Seven Hundred Thirty Three Pounds Nineteen Shillings and Eight Pence Farthing.  
And for the more regular payment of the Debts aforesaid, Be it further Enacted by the Authority aforesaid, That within one Month after the Publication hereof the several and respective Creditors heretofore mentioned and expressed, shall register, or cause to be registered the Debts due to them respectively, in a Book, at his Majesty's Custom-house of New-York, which his Majesty's Receiver General, for the time being, shall have for that purpose, wherein he shall likewise keep a perfect and distinct Account of the Rates and Duties upon Merchandise, that shall become payable unto him by virtue of this Act, and the same shall adjust every three Months, and make payment thereof to the Persons , their Executors, Administrators or Assigns, in Quarterly payments, and in equal Proportion, according to the greatness and smallness of the several and respecti●… Sums aforesaid, and to no other use, purpose, nor in any other manner 〈◊〉 way whatsoever, any thing contained herein to the contrary hereof, or in any other of the said Acts notwithstanding.   


Reasons offered to the Council by his Excellency the Governor, against passing the Bill raising 2593 l. 6 s. 8 d.  
First, THe Bill does not answer the end, there is no Provision made for the Expense of Officers that must be employed to the Neighbouring Colonies, in raising of the Men, nor for the incidental Charge of marching and transporting the Men to the Fronteers, if they can be raised, (which is yet a doubt) And allowing the Money to be all solvent, and paid at the time appointed (which can never be expected) it cannot answer the Sum of three Pounds a Man, Levy Money, which must be instantly paid them in hand.  
Secondly, If these Men cannot be levied upon this Encouragement, there is no Provision made for the security of the Province. Money without hands gives no Defence. And though you may allow me to be judge of the Inevitaeble Necessity, the Representatives plainly show they are not of this Opinion, by refusing to allow such a Proviso to be put in the Bill.  
Thirdly, By this Bill the Power of Detachments seems to be cut off for a twelve Month, the words [Inevitable Necessity] will need an Explanation, which the Assembly (as they have done in another case) will always pretend to be judges of, by which means the People will be blown up to a 〈◊〉 and deny Obedience to my Commands, be the Necessity never so great and inevitable.   

Reasons offered by the Council for the passing of the Bill for raising Two Thousand five hundred Ninety three Pounds, six Shillings and eight Pence, etc. as amended by the Assembly, the 23d of April, 1696.  
WE are humbly of Opinion with your Excellency, That this Bill does not fully nor perfectly answer the end, but we do humbly offer, That after many Debates and Conferences with the Committees of the said Assembly upon these Heads, We do not find any other better ways or means can be at present obtained. And that although there is by the said Act no provision made for incidental Charges, that must certainly accrue in the employing O●…cers for the procuring, levying and transporting such men as shall be so got, yet in regard the disposition of this Money for this end, is left to be employed, as your Excellency shall judge fit, We are of Opinion, That such part thereof as may be needful, and can be ●…esently raised, may be properly applicable to the employing Officers, for that end, to the Neighbouring Provinces.  
To the Second, We are humbly of Opinion, That though in express words, in case the way of raising Men by this Bill, without Detachment, fail, there is no other certain way proposed, yet we are humbly of Opinion, That if after all means used for levying these Men without Detachments, they cannot be got, it must then be understood, there will then be an Inevitable Necessity for detaching Men out of this Province, and that your Excellency will be pleased to send for the whole House, and so explain that Clause to them.  
To the Third, We do humbly offer our Opinion to your Excellency, That by this Act, your Excellency's Power of Detaching is not cut off, but restrained, as in the foregoing Article is explained, and such an Explanation must prevent all Misinterpretations on that Head.  
For which Reasons, We are humbly of Opinion, That it is agreeable to his Majesty's Service, and for the ease and benefit of this Province, that your Excellency do give your assent unto the said Bill, which is humbly submitted by  
Your Excellency's Obedient Servants, 

N. Bayard;  
S Cortland,  
C. Heathcote,  
G. Munveil,  
W. Pinhorn,  
P. Schuyler,  
W. Smith.     

His Excellency the governor's Speech to the Assembly at their Adjournment, April 24. 1696.  
Mr. Speaker, and you Gentlemen Representatives;  
THis is the chief Bill upon which our Safety hinges, it's for Money to levy Men to recruit his Majesty's Companies, for the strengthening of the Fronteers: I have some Exceptions to the wording of it, and the Substance: I was against the passing of it, and gave my Reasons to the Council: It does not seem to answer the end. The Gentlemen of the Council have given me their Opinions under their Hands for passing of it. I have resigned my Reason to theirs, and therefore pass it.  
Gentlemen, I am as tender of the People's Ease as any of you, and have earnestly both studied that and their safety. Yet if Men cannot be found for the encouragement you enable me to give, notwithstanding the endeavours and pains I shall take to procure them, and the Fronteers become weak and exposed, I shall think the necessity of Detachments Inevitable, being resolved not to lose one foot of this Province while I have Hands to defend it. When the Disease is desperate, the Cure must be so, and as this is the sharpest Reme●y, it shall be the last I shall use, and obvious to all good Men the necessity is ●nevitable.  
The Second is a Bill for payment of Debts, contracted long before my arrival: It is commendable in you to keep up the Credit of the Government. I have been as good a Husband of the King's Revenue as ever I was of my own private Fortune. I understand not an Account, I left that part to the Gentlemen of the Council, who are of the greatest Interest amongst you, whom I believe to be honest Men, and to have dealt fairly in the matter of the Public Accounts.  
The Third is a Bill to cut off a Deed of Trust, with Uses, for payment of Debts, it is private. I suppose most of your Affairs will call you home, I think fit to adjourn you to the 29th of September next, and desire Mr. Speaker to adjourn the House accordingly.    

Printed by William Bradford, Printer to the King's Excellent Majesty, at the Bible in New-York, 1696.