A Ic'odest and Impartial Narrative, . .of New York
in Hjnerica. . ,
London, reprinted, 1690

YALE UNIVERSITY
LIBRARY

Bought with the income
of the
GEORGE WATSON COLE
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IG^O

— -^-^ —  — —  -~- '^ o ¦-* no* so

^;>M3K'tkC i^.nXttji ?T\/U4JUi4M. ^'j H( '

A Model^ and Impartial
NARRATIVE of leveral- Grievances and
That the Peaceable and moft Confiderable Inhabitants,
OF
Their Majefties Province
newyoRk IK ' •
AMERICA Lye Under,
By the Extravagant and Arbitrary
Proceedings of Jacoi Leyjler and
his Accomplices.

THE Reader is hereby advertifed, That the Matters contained in
the foUomng Declaration and Narration, were intended to h^ve
beP2 prefefited4o the Mayor's Court in New -York, the zith of Janua
ry lajip^, but that the fury and Raze of thit Infolent Man Leyfler,
vpaf:growHto that height, that the day before, hy his order, fever alPer-
fonP of Note were violently feized, and divers Houfes brol^en open, fo at
0 vpos ifo* thought fafe to proceed in fuch Method. ¥or which reafon
iff ^Hght vffU'^o publifhthe fame, for information of all into vphofe
Smeb it r^afcome, but more efpecially for the benefit of our fellow Inha
bitant, who are abkfed hy the falfe Pretentions of this common Violater
if our Laivs and Liberties, as by the following Narrative will plainly
appear: Whei^in, thiCourteous Per ufer is defired to tak§ notice, it hath
been our gredt Care to relate nothing but Matters of FaB, of which we
havefubftantial Credible Bvfdences.

The Narrative, ^c.
OUT of the deep Senfe we have of the good Providence of Al
mighty God, in Their Majefties happy Accefftoh to the Impeiial
Cxo\vno{ EngUrtd, &c. In the firft place, We, in a moftChri-
ftian manner, with Hearts and Hands lifted ild to Heaven,' 'give
Glory to Almighty God, for this fo happy a Revolutioh, whereof it
bath pleafed the moft High to appear the principal Author. In the neirt
place, We cannot but declare and publiih to the Woi-ld our Hearty artif
Thankful Refentraents of the Noble, though haiardqcs Enterprizeof the
late Prince of Or <wge, our now moft Dread Soveraigh, King cX Ertgl^KtA,
Scotland, France tiXid Ireland, Defender of the Faith, ef-c. the h^oble He-
roe of this Age, for the Proteftant Religioin, and the Prefetvationof the
Laws and Liberties of the Ejiglifh Nation unvidatcd, manifefting herd>t,
that as in Duty bound, fo in point of Gratitude, we tali do no lefs than
Dedicate our Lives and Fortunes to their Majefties Serviced, with our
moft ferious and continued Prayers for Their NJi^tffidlbrig and raprn*'
Reign over us, being well fattsfied In our felves, that W|iat our }<iiave
Land fo ptefttifully enjoys under Their Reign; to wii^* the Laws arid Li
berties of the £«i;/>/?)i\/i«w», we (though inhabiting a remote part of
T heir Dominion ) fhall (bare with them m the common Propriety.
In confideration whereof, in all Humble and Obedient manner, as
Dutiful Subjedls to Their Majefties, and Well-wi(hers to this Their
Province ofN'ew-rork^ We can do no left than in the prefence of God,
and to the World, declare our Abhorrence and Diflike of the Unreafon-
able. Illegal and Arbitrary Proceedings of fome Men inhkbiting with' us
in this Their Majefties Province, who haveufurped Authority over as.
Againft all fuch Proceedings of theirs, hereafter faithfully and impani-
ally fet down, and againft them, as the Adtors thereof, we do hereby
p'lbliokly Declare and Proteft.
Now to the end that Reafonablenefs of thli? our Proteffetion may ap*
pear unto all to whofe hands it miy come, Recount our felves ooliged
to give a brief Recital of the Care of our ktd' Lieutenant Go\^enioat
FrancU Nkholfon, for the more peaceable, quiet and fatisfadory govern
ing this Their Majefties Province.
To obviate all lufpicion of Jealoufies that might arife in ill-afteded
TilWsr I It Spirits, our faid Lieutenant GovernOur by and wlth^ the con-
fentof fomany of the Council as here reiided, (upon the whll?)errng of
the late happy Change ) did convene together, with the Mayor, Alder
men and Common- Council Men of the City d^New-Torkj with all the
CoramiflionCHficers of the Militia of this City and County ; at whidi
A Convention

CO
Conventic- oir faid Lieutenant Govemour propofed to admit of part of
the Train- bands of t'is City and County to take their turns of Watching
and Warding; within Their Majeflies Fort, under their own Officers-,
And further offered, with the advice and confent of his Cotincil, Civil
and Military Qthcers, there met and aflembled, That the Cuftoms for
merly paid by the Inhabttants of this Province, fhould ftill continue, on
ly witb this alteration, that whereas formerly it was expended and laid
out in defraying of the Chai'ges of the Government, and Souldiers in pay
in the Garrifon, it (hould thence forward be imployed in the fortifying
and putting thisQty in a pofture of Defence againft a Forreign Enemy,
cm which the Wei- fare and Safety of this Province fo much depends.
Inpurfuance of the fame, an Order ifliied forth from the laid Conven
tion, figned by tfae Lieutenant Govemour, his. Council, the Mayor and
Aldermen of this City, and moft of the Commlflion Officers of the Mili
tia, none fliowingfb great a diflike to it as Jacob Leyfler, one of the Cap
tains of the Train-bands of this City, who at that time had a Ship loaden
with Wines, the Cuftoms wherfof amounted to upwards of one hundred.
Pounds, the payment of this he utterly refufed, alledging, The CoUeRor be-
inga Papift, wasppt quMi^edto receive it, denying the then Power to be kgtl^
b^ivhetb^r for that or his own private Intereft, let the impartial judge.
The turbulent mind of this'Perfon not being fetisfied in denying v^
payment of the ufiial Cuftoms, though appointed lor the ufe afore&i4
he fets himfelf upon inventing ways how he might overturn the Govern-;
naent, which w^ then peaceable and quiet. The firft thing he falls upon
was tp ftir up and animate the People of the Eafl end of Long-Jfland to
advai^ce, with fufticient Force to take Pofleffion of the Fort, left it fhould
be in danger bj Jpeing^Uye'red op to a Forreign Powe; this readily t^k
"with them, whdfeMiacIs were already heated by the Example of Bofton,
in clamping up ofour Govemour Sir Edmund Andros, and after fome Con-
fultations amongft themfelves, they put forward in a Hoftile manner, in-
creaftigas tliey camealpng the Ifland, until they were fo far advanced as
theTown of 7'^w'f'*, being then about Eighty in Number, where they
hgitec^ and fenfup three qftheir principal Leaders to difcourfe the Lieu-
tedgnt Govemour, who upon their coming convened his Council, the
Mayor and Aldermen of this City, and the Commiflion-Officers of the
MiutiaofCityandCountrey, into wliich Convention the Perfons fent
were admitted 5 where after fome long debates, they feemingly wenta-
way fatisfied, at leaft fofer as thar they and the men accompanying them,
returned bome to their own Towns and Habitations, without doing the
leafl hurt or damage to any.
This Stratagem failing our Maflanello Leyfler, in a ftiort time after a
Rooioor was (pread amongft the quiet Inhabitants of this City, of a hor
rible Defign,, there was of Murdering them, their Wives and Children, as

as they wei-e Worftiiping of God in the Dutch church widiin the Fortr
and the Sunday prefixed, v\ hen this cruel Adt was to be accompliflied ;
Captain Leyfler in the mean time inftigating and ftirring up the Inl^abi-
tants to Self-prefervation againft this Imaginary Defign, which fo fjSKpre'.,
vailed with part of the Inhabitants, as that the Friday before the SMUi^y \
riiarkt out oy this' Report for the pretended Maflacre, they role in a.
Hoftile manner ; the firft who appeared in Arm.s were fome under leyfler'^
Command, who fas the Plot was laid J went to the Houfe of their Cap
tain, and threatned to Shoot him if he would not head them- This no
ways furprized the couragious Captain ; a fubftantial Reafon why, him
felf being thelblecontriver.of it : Yet whether prevailed moft, the want
of Valour, or the Apprehenfions, if he fhould mifcarry in this, bold At
tempt, the Country would be deftitute of one fo fit as himfelf to Com- '
mand, we leave to the Judicious to determine.
However it was, it feemed not good unto this Champion to ventur^
himfelf, but commits the condud of his Men unto one Stall, famous for
nothing, unlefs his not being worth a Groat; up Marches StoU with his
brisk Followers, and to the Fort Gates they draw near, where they met
with a very civil Gentleman, one Hendrick Caykry left under Captaia
jikraham Depeyfier, who commanded that part of the Train Bands, who
by turn had the Guard in the Fort that day ; this Perfons civility was fuch,
that its hard to determine whether Sro//and his party without were more
defirous to enter, than he within was ready to open the Gates to them.
In fine, Entrance they had, with great Acclamaticais and Joy on both
fides, that fo Meritorious a Dpfign was not prevented.
• How far this Valiant Lieutenant Ciiyler, in this bafe A€t of his, hath
anfw^ered the Law, of Arm, or the Truft repofed in him, we will not
now determine^ but fure weare, i:he Seafon they took for accomplifh-
ing this their Unraan-like Contrivance, doth not a little add to their
Crime, it being at that juncture of time when our J-ieutenant Goyemor
and Conventment ( whereof we have before rfiade mention ) were con-
fulting for the more orderly, qi^iet and' peaceable Goyeming this their
Majeflies Provinfce, who at this fudden Change ^ete flartl^d, and Aded,
what was left- in their Power, publickly protefting againyft diis Rude
Adion, and the Adors thereof.
By this time their great Champion Leyfler being well aftlired all dan
ger and liazzard was over, he moft Couragioufly Girds on his Sword,
Marches Stoutly up the Fort, in order to his carrying the^pame be had
fb 'feirljr begun, where he is joyfully received, and a Consultation im
mediately heldi how they fhould obtain the Keys of the Fort, which the
Lieutenant Governor had in Cnftody, being in the City Hall, where be
was in Confiiltation, as is already hinted.
The Evening approaching, Captain: io</7r;c^ and his Company Advan ces '

[4]
Ccs to the Fort, to mount the Guard, as his turn was j fome time aft£)r
his being in the Fort, nothing would fatisfie the Tumultuous Multitude,
but that three or four Files of Menmuft be fent, under the Command
o^ Wiiitam chitrchili. Sergeant, to' Captain. Xow'jpk/^, to fetch the Keys
from tbc Lieutenant Govemour. C A fitter Perfon for fuch a Meflage
could not be fent than this. Churchill, iuhmo\\s Jot his Mutinpus
and Turbulent Spirit. 3 With much Infolence this impertinent im
pudent Fellow rulhed into die Room v\here the Lieutenant Gover-
nour was, and demanded the Keys; the Lieutenant Governour command
ed him to call his Captain, who was prevailed with to come, hopiqg
thereby to appeafe the People, unto whom the Lieutenant Governor
Delivered the Keys, and Qa.'pum Lodwick. returnina to the Fortj rbg
expedations of the Multitude being anfwered, art^ publifhJng Ja^
Z^/JcrColonelj all leave the Fort to Captain io^iipicjLana his Corapanyy,
who -flayed their ufual time, and it u-as then agreed upon amongft the
Captains, that each Hjould take his turn to refide iu the Fort as Chief,
till their Majefties pleafure (hould be further known.
The Lieutenant Governour, his Council and Convention afore&id,
takings ii\to their ferioQsCOnfiderations what danger theij^neys was in,
paid by the Jtihabitants of this their Majefties Province, as wcjl for Cu
ftoms as publick Taxes, which at that time was fecured in the to^t. The
faid Convention agreed upon and ordered, the Moneys fhould beremov*
ed to the Houfe oi Frederick.PhilHps, one of the Council, a man of known
Credit, and the moft confiderable for Eftate in their Majefties Province.
This was concluded on the day.our lijfurper Leyfler, by his Inftrumencs,.
feized the Fort, beings the iith. day of vw^yi laft paft. But topo pur-
pofe was this Agreement of the Convention,^ tor thofe.who had made
themfelves' Mafters of th?ir Majefties Fort, were refolved to command
the Money too, being the Sum of Seven Hmdrei Seventy Three Founds^
which they peremptorily denied the Removal of, when demanded by
the Lieutenant Governour, in purfuance of the Order aforefaid, How
they have difpofed of this Money, is not our pre^ bufjnefe to enquir^§
we leave that tbtilthe happy Arrival of a.Govecnour Leggjily Convniv-
fionated from the King,
The Fort being thus in Poffeffioq of the Captains of this City, by
turns, all the Violence ufed for feveral days, was, that upon the Arrival
of any Veflel, great or fmall, a File of Mufqueteers were fern on Board,
the Mafters and P^fTengers carried to the Fort, and the Letters taken ;
from them, fome whereof were open'd, and publickly read amongft the
Peqpl^. Never thC; like, known in this place, under any former '£ngi^fh<
Governour. This is toQ little to fatkfie the infatiable Ambition of this Grand Ufur-,
per, Leyfler, vfho could not content himfelf with the Station Najqrehad fitted

fitted him for, and placed him in, but hisfoarin?, afpiring mind, aim
ing at that -which neither his Birth nor Education had ever qualified him
for, to wit, to be their Majefties Lieutenant Governour of this Pro
vince, making no matter of Confcience l:ow Illegally he attained there
unto,* whether by Ufurpation or otherwife. It biing his turn to c:om-
mand in Chief in their Majefties Fort the third day of June paft, he
caufed an Alarm to beBear, that he might accon:iplini his wicked De-
figns, the intent of this Hubbub being only to enfnare thofe of the
Inhabitants , v.ho till that day had kept themfelves clear of thefe
Adions
, The Inhabitants unanimoufly appeared in Arms that day, to ftop the
Mouths of their Gain-fayers, and were headed by their Colonel Nichdas
Bayard, thougli many of them were fenfible it was only a Sham-Alarm,
it as afterwards proved. ,
They being all dra'\nup, on a plain before the Fort, and no appear
ance of an Enemy, Colonel Bayard gave command to that Captain
whole turn it was to work on the Fortifications of this City, That fie
and his Company fliould repair thither -, and to the other Captains he
gave command, that they ftiould difmifs their Men But this not an-
fwering the end of thofe who were made privy to the defign of Leyfler^
they March into the Fort without their Captains, who flayed fo long
on die Plain, until they were told, Jf they went not in, the Commonalty
would pull dovrn their Houfes, and they would be in danger of their Lives.
To prevent which they followed their Companies, ( intfead of leading
diem ) into the Fort, where a Paper was prepared to be figned by every
one, the Contents being. That with their Lives and Fortunes they would de
fend the Proteftant Religion', ^nd keep the Fort for King William and Queen
Mary, until their Majefties further Order.
This being done, Ley{l(r begins to think himfelf fure of his Point.
Gabriel Munveill, one of the Captains of the Train-Bands well con-
fidering the ill effeds that fuch Proceedings would produce, wifely pro
cures his difcharge from the Lieutenant Governour and no more appear
ed amongft them : The reft of the Captains continued their Command,
more, as ue are ready to believe, to do what in them lay, to prevent
Mifchief, and check the Infolence of this proud Utlirper, whofe im
moderate defire after Greatnefs and Dominion over his fellow-Sub-
jeds, fo far infatuated him, as that upon all occafions, Cefpeciaily if
any ftrangers prefent J he hath publickly made hisboafls, how he con
trived and laid the whole Defign, as is before related-
The next Invention of ifj/cr was to animate and ftir up- the Peo
ple to the choice of Commit tee- Men, upon pretence of writing a Let
ter to the King, in behalf of the Country, and to confider the Reparati-
B ons

16^
<m5 of the Fort, wWch wasof abfolute neceflfity. Hov\ever legal, tliis
Conipany of Men AlfemWcd were f uho after^vards termed themfelves,
A Commute of Safety ) we leave till a fitter time to difpucc. But we
•careiot pals by the Method of bcmg chofen, which we are fure, was
altogether Illegal and Difcrderly, there being, not 'one, third part of the
inhaoitants Of tliis^their Majefties Provinc'ethatcondefcended t! , tnto,
nor was it ever intended by LtyfL^r they fhould, left by tliat means his~
ejqpedations lljouid be fruftiatcJ. Inline, A Company of the ie Men
Eleded by the far kail Number of the Inhabiunts, coming together
in the Fort, two of them indued with more honeffy, and a clearer dif-
cerning than the reft; perceiving the main drift was to fee \y^. Leyfler, and
make him Commander in chief, feh-iyaad wifelyLwith-drew ihemfelves,
and after the firft time appeared no more ancas^ them. ' .
The firft fruits of this unfafe Committee, as we have caufe fufficient
to terra themi was to make X^'/er Captain of the Fort, requefting of
the other Captains of the City, that they would yield him their aSift-
ance when defired. - -
'Now begins this Ufurpers greatnefs, whichhe is noways wantitig-in
improviag i with the Affiftaoce of His Committee-men / in all tliellle-
^1 Arbitrary Ads man in fb ftbort:time could be g^ltyof. His w^k^
ing Brain ftands not ftiU v^ith Commanding the Fort,- nor were his de-
fires fiiUy anfwered thereby : Nothing lefs than Lording and Domineer
ing inall'Caofes C Ecclefiaftical, Civil and Mlitary) will fatisfie this
W^, who was, and is much a like ^ialified for them all
The Laws and Liberties of the Bi^ifli Nation ( with whidv we liave
good caofe to judge, Be is little acquainted) he thinks no Crime to
Violate, not regarding the Noble Example of the late Prince of Orange,
our now moft renowned" Soveraign King WiU'tam, who for prevaitioooi
the Violation of our Laws and Liberties, hath fo eminently appeared,'
ta the end they might be prefervedin their due channel.
¦ This our proirdUfur|«r finding. the fweetneftof an Arbitrary Power»
a|ce(abJe with bis Arbitrary Mind, deems it a f^lt in any, who ob*
j^d cbe Law againfthis Illegal Proceedings. Upon all fiich occafions*
he would angrHy anfwer. What do' you ta^of LAW? the SWORD
moft now Rule. As if that which was judged fo Hainous in our Native
Land, would be deemed Meritorious in thefe parts of Their Majefties
Dominion. ' ^ -. - . ^.,^
Our Meighbouring Colony of Caapefticut being full of Dlforders,
amongft themfelves, albeit they had afCirtied theirforttier Govcinment,
a general Court 6f that Colony fitting, take dpon them to fend- two-
Perfons to difcourfe Siofe, who ( by Ufurpation ) had taken P {IliSbn
of ;Jieir Majefties Fort of this Provin<^e. Information being given un* to

C7]
to^the Mayor, Aldettnen and Commoo-Coancil' of tills Ofy, met and
dretnbled at the Mayor's Hou5 tha 2tdt>lJune laft pafj, \ki Mafor
GoW and p.Pt^nfKx were fent by 9m/?iV«^ Colony, with orders to
proclaim their HighneflTes, Prince and Princeffcs of ^anee. Kine and
Queen of H«^/W, &c. That Bpard requefted Alderman muiamAfml
to go to the Fort, where thofe two CJentkmcn were, and defirethe fa-
vour of them to come to the Mayor's Houfe, which he accordiitgly did,
and they complyed widi the Requefl:: Being come to die Mayorffcc
he fignifies to them, Thejtnfprmation was had of rfieir coming to Ai^
place with diredions to proclaim Kmg mniam and Queefi M^fyUxiA de-
Bred th^ would acquaint them what Orders they had for it,t!3t fo thW
(of thisCity) might be r«idy to ihew their forwardnefs ta ad in th?
§ine mm fuch Honour and Splendor as the occafion required
Major Go/Wandpptain fitz. anfwered, They came Hpoahfwh atcomt
hut came to the Perfont fh^i'had the Fort in Cuftody, to difcourfe about Com
particular Matters from their General Court ; and that they did not hfow be
fore they came from home hut that the King had been alr^eady proclaimed here
That when they came to Town, going to the Fort, as they were fent, they havinl
the Proclamation about them, Mr. Jacob Leyfler defired thetHto let bitn have
the ufe ofit to proclaim the King and ^een here. '^ ?/..ww^ce
Thelababitants being in Arms to tEis intent, by beat of the Drum the
Mayof- and Aldermen of this Oty r though not thought worthy to have
any notice of if, tdl after they were proclaimed at the Fort ; went to the
P^^*?^^U°^"^"'^A\?°^^'?^!^'f5^- Which being perform'd, Leyfler^.
fired the Mayor and thbfe wjth him, tct go upto the Fort and drink the
King and Queens Health, which they ftiWed theii: readineis to do NTn
te^/.ere they come into j:he Fgrt, riiough by invitation of W"-
hlltlfelf, bufhe t^lls them, ^e Peoph ioere.fo much incenfed aialntt them
that tt would not be fafe for thejn to continue long there, and gave thfrn wJ
friendly Advice to be gone. An Entertainment not unlike the Perfon
that gave It. ^^wiuu
Their Majeaies being proclaimed in this Province, and a printed Pro^
.damation coming to the hands of the Mayor ^nd Aldermen Sf this CityT
Th^ all Jufttcesof the Peace, ^)id Shcrifs ^uld continue till furthe*- ordJr
excm Papiftsj they caufed the fame publickly to be'rtad, requiring the
Inhabitants to take notice thereof accordingly. This madded our proud
Ufurper, beingaverfe to nothing more than a Civil Government, which
Iieknew muft needs rurb and be g check to his Infolency.
' Therefore to preveqt th|s fie gives his malicious Spirit the full fwlnfr
^'i^^^Z'^H^ '^ ^f'^'^A' "^'^"^^ People bfb/andbg 0^
thofe who were m Coramifnon of the Peace with being Popilhly affiled ¦
for no otherreafon than that they would not joyn withliiin in yiS
B2 ji5'

. C8 3
all our Laws and Liber des. His envious malicious Mind could not have
vented it felf in a more perhiciofis Falfhood than this ;, for upon due
Examination it will be found, that nat one Papist, or Popifiily ^^'cElei,
throughcut this their Majefties Province, were in Comwijfion of the Peace,
and diat many whom he hath thus wickedly Scandal'Z'^d, have always
been of hr greater Repjtatlon, b:th 4n Church and State, than him
felf. The Malice of diis mans Spirit iiath been fo general againft all that,
would not lay as he did, that 'the Dutch MinOi-ers of the Reformed
Churches within this Province, have not efcafted the Lafii of his invete
rate Tongue. Nor hath bis Endeavours been wanting to create the fame
Dii(M-ders and Confuficm in Church as he hath already done in Govern
ment. How far what is already related, evinceth this Ufurper Leyfler to be
an Enemy to and Infringer of the Laws and Liberties of the Endiflj x^a^
tion, we leave to the Judgment of the Impartial- Yet, left alfthat he
had hitherto aded were not fufficient to declare his Averfenefs to the Laws
and Liberdes (^the Free-bom Subjeds of EngUnd, he fiirther proceeds
toAdioL And
On the 2sdb[ day oi^une laft*paft, going into the Cufiom- Houfe, where
wa5 prcfent CommifiK)ners appointed by the Lieutenant Governours,
Ck)UDcilAtayor,Alda-men ancf Cofnmon-Council of this City, Mr. Paulus
Richards, Mr. John Haynes, and Mr- Thomas TVenham., Merchants of thi*!
City, who were audxjrizea by tlie Convention aforefaid, to receive the
ufual Coiioms paid by the Inliabitants of this their MajcfHes Province,
and tbe 6me to keep, until orders came from their Majeflies The rea
fon why this Cooveotiori took upon them to authorize tne Gentletn^n be-;
fore mentioned, was the panicuiar Recommendation of the Lieutenanc
Covenkjor, c^tofidering tne Circumftances of Matthew Plowman, i Coir.
ledor, and that he was not quaUfied, as their Majefties ProclamatidH;
bearii^ date die i^b of February, j6S8. diredeth-
^ This Violator ofour laws and Liberties, going into die Cuftom-iioufe,'
a^ is Sdwve hinted, abufes the Gentlemen then prefent with fcurriloqs
Lahgiiage, j^rempiorily demanding of them. By what Authority they fate-
rheref To Whom diey raodeftly reply ed. That when he fattsfied them what
Power he had to examine them, they would return him anfwer, but in the mean
tifne defired him to go out of the Cufiom- Houfe, where then he had no bufinefi.
In a little ipace- after, this Ufurper comes die fecond time, withhii;
POWER> which was neiriier the Laws pf England, nor this Frovinc^i
flbr yet a legal ComftiiflSon, but a Company of men with SWQRDS aiij'
GUNS, ( according tc( his ufual Maxim, TheStVORD mufi Rule, and not
tkc L.WSJ :and by force of Arms turns them out of the Cuftom- Houfe.

Cp3 .
Jn which violent Adion of this Ufurper, Colonel Bayard naiTowly ef-
caped with his Life, who hath wifely, ever fince, abfented himfelf, left
by the Inftigation of this malicious Man he might be murdered unaAvares.
The next'Exploit this Violent Leyfler falls, upon, is to fulfil a Promife.
he was heard to make in the beginning oF our Troubles, That in -two
Months Time he would do all the Englifli Rogues bufinefffdr thc-n, fo that Two
of them fhould not be feen to wall: together. In purfijanc© whereof. On the
i^thdvi o^Augufh, he fends feveral armed Men, with no other War
rant than their SWORDS -and GUNS, to the Houfe of Mr, Thomat^
Clark, a Merchant in this City, who at that time was under fome Indif-
polition of Body, which they no ways regarded, nor die Intreaty of his
Wife, ( then big with Oiild ) who begged of them not to befo Rudei
his Children being frighted. They replycd, They mattered it not, if thep
were allki/kd : Andin a violent manner they carried this Free-born Suh-
\ed of England, and Free-man, to the Fort, \^'here Leyfler lays to b«
charge a Paper delivered by him unto the Committee, but principally
that he flioald fay. The next time the Drum beat an Alarm, he could raife
four hundred men. For no Other reafon is this Free-born Subied of Ertg-
land ccHifined a clofe Prifoner in the Fort, without ai^ Warrant of
Commitment, wherein thecaufe of his Confinement oaght plainly, and
efpecially to be fet down, as the Liw direds -, neither was there any due~"
Procefs of Law againft this their Majefties Subjed, thus arbitrarily de-
barr'd of the Liberty of his Perfon. By which, this Ufiirper hath made
the greateft Breach and Inrode upon the Laws and Liberties of the Englijb
Nation, that was poffible for him to do, as the Gentlemen learned in the
Law. both by Study and Pradice, have fufficiently demonftrated by
iboad and fofid Arguments, That, the P^iolation of a Maits ?erfoH*it n
Crime of a deeper Dye, and higher Nature, than thdt efhis Eftate, foraf-
much Oi nothing in the Wiorld is fo nexr and dear to a man as the Liberty of his
Verfon, This'villanous Ufurper Leyfler x\ot regarding the great cars and
pains of the Sapream Powers oiEnjlahd, met and aflembled in Parlia
ment,, for thefe many years paft;, to preferve tiie Subjeds Libetties unvl-
olated, and to that end, how many excellent Ads have paflfed^ which arc
as fo rtany Walls and Bulwarks againft all Arbitrary Ufurpers, who
though for a time may flourilh, and meet with Applaufe by their deluded
Followers, it's not probable can terminate in any thing lefs than utter
Confiifion and Deftrudion to themfelves, and Shame and Ignominy to
their beguiled Abettors, only made ufe of as fo many Tools for the bet
ter accompUftiing their own wicked Ends, who thea are to be laid alide,
and new Favorites taken in.
- Nothing feemsfoconfentaneous to this abufer ofour Freedom and Li-
berties; as the jFrewAKings Maxim [.Sicjubeoficvolo'] who by Bir;h,
we

t 10 J
we are ready to believ?,: may claim the greateft lliare in himj or at leaft-,
by his AdUons, he.equally fcorning, with that proud Tyrant, to give
any other Reafon for his Arbitrary Adions than his own unlimited Will
aftd Pleafure.
. The many Abufes particular Perfons have met withal, by having their
Goods taken from them, without either Warrant or legal Prooft, would
be too tfdiws here to imer t. Upon all fuch Occafions, the Adors being
detfitnd^i'fiywhut Warrant they committedthis Violence f they would ufu-
ally aafw<jr, ( clapping their Hands upon dieir Swords ) Here is our War
rant..
. The keen edge of this Mans Malice could not be taken off by his Cruel
ty to oneeftheoi^ wfcofe Ruin he had before avowed, but he goeth on
to fulfil his wicked Fromife. And,
- 0a the i4di dayof ^»£«#pafl caufedi another Alarm, to that end
and jmrpofe, as fome of his own party were heard to fay, fome days be
fore it happened. That fhortly there would be an Alarm, in order to the taking
hold Midfecuring fome not well affected to their Anions, which were fuch as
this Violenc Leyfler intended as the Sbbjeds of his unbrklled Envy. And
accordingly in a violeat manner, 1^ force of Arms> thefe following F^r-
fons were dragged to the Fort, to wit, Mr. Wmiam Merrii, Mr. facob
DeksyyMx.'Brasdt Schiffler, Mr. Philip French, ind Mr. Robert AITtfort,
Nfcrchants,^ and confiderable Traders in this City and Province, Mr- John
MerritySoVL to Mx.WiMam Merrit, Mr. Edw/^rd Buckmafier, Mr. Derrick,
Vaadetitfir^h, who were committed the fame Nigbt of the Alarm, with
out eidier Warrant or l^al Procefs. .
\t Theriaxtday C^tain3faA» Tudtr meeting with the cOurjigious* Ui^irte-
ndXA-Cuyfer, 4i^n fome words between them, was in like manner drag
ged to the Fcfft, as his fisUow Citizens were the Night before.
Mr.TbomMClarkj after fome days Imprifonment, was brought to that
.weak condition, that he wasmore like to die than live, and was carried
home in aSedan,- by order of his Coaler^ Leyfler.
' -AlfOj Mr-Joh»Merttt, after t.venty four Hours Confinement, himfelf
being ill,, bis Wife itiuch indifpofed, and his only Soft lying on its
Deathbed, had his Liberty.
. PC^trasxWMamJMerrit, the Grandfather ofthisOhild. greatly defi-
ring to fee it before dead, made application to his cruel Coaler, Le'y^er,
for teave to vifit the Child, offering any Secui-ity he ftiould demand for his
return thither i or if he pleafed to fend a Guard of his Souldiers with
him» ihe would faiisfie tHem for their trouble -, but nothing could prevail
with this Barbarous Man* who refolved to keep die faid ^em>, with the
otbers befor?-named, during his own will and pleafure, clofe Prifoners
ia tHeFort, which continued for the fpace of Twenty jDnc Days, and
then.

theti were fet at liberty, as yet being Strangers to their Grimes that dfe
fcrvedfofeverePunifhment ^ ^
Oa the twenty fifdi of Augufl comes to this place one Mr. Jacob MtU
borne from. England, as he gave out-,. \we are obliged to mention his
Name, by reafon of the grefit part he ads in our fixture Trouble. This
Man's affaded ambiguous way of e?{prdfing himfelf, • »end«-s hioi. unfit for
dieCooverfatioQofany but.tneVulgai^ whointbjsAge are fo apt and
' ready to admire and applaud that they underlland not. - This Perfons de
cayed Fortunes were fuch, that not unlike a Man ready to be drowned,
letcing-goafurehold, catches at a Twig-, fo he in Uke matmer relinquilh-
eth his old Acquaintance and Friends, and joins with<«ur Ufurpers,
whom he revives, by telling them. That m the mddh o^^Miy laff', he w.u
in England, where all things were fettled, by the comjnpn Vcice of the.:Eeofie,
in peace, under KpigWl\Yl3Xa, who W4s an EleHive ^ing, and bad fubmitted
hji Regal Power wholly to the People, fo that it was now become a Maxim, Vox
Populieft Vox Dei, and the King was onlf a Servant to hit Subjeils. By
this our Ufuroers were encouraged in their old mann^ of Reafoning,
whea objed^a againft their Illegal Proceedings, What Law or W^rant
they hAd tohackthem in their Actions i They would always reply/ ByAwhat
Law, Warrant or Commffion did t he Vrinee^rOraa^e go hita Bng}andi and
a6t as he hath done f And how do you think^Kiftig V/il^SLtn can takf thftt a-
tnifiinus, who have only followed hit Example } The Very rehearfing of this
DifloyalComparifon, is fiSflicient to caufe an Abhorrence and Detella-
tion in every Loyal Subjed, - . . :• ^
The next Fruits of this A/;/feor»w;News, is, that ihe Committee ofSafe^
ty, as they termed themfelves, take upon them to! give forth anOJrdei'
to the Inh^itants of this theu" Majefties Province, ^ify ing .¦< That
whereas fevefal of the Inhabitants had already turned out' their old Offievh,
they fhould proceed in EleElion of Civil ar:d AfHitary Officers in the feveral.
Counties of this Province. Some Counties accordingly did, by the apn-
pearance of fmall Numbers, turn out the old Joftices of the Peace and
Military Officers, landchofe new. . A Method formerly never aHow«i of,
under any of our Kings Reigns, itlieing always graifted to be the undoubt
ed Prerogative of the King to Comraiffionate his Juftices of the Peace,
and Military Officers. However, :when we are better fatisfied that k
hath beenhis Majefties gracious Will and Pleafure tofeparate this Branch
of bis^Prerogative and beftoW it on die People, we ftall readily fhew;
o*r Thankful Reception v but till then, we think it the Duty of all Loy
al Subjeds, not to appear in fuch Eledlons. . '; r. , ;
. The 2si£h. day of September being the time appointed for the choice of'
Aldermen and Common Councii'Men.in aCliarter of Priviledgcs,grant-
ed to tliisCity by Colonel Thoprat Dungan, when Governoui- of this.
ProviiiSri

C 12 J
^Pro\'inte-,'accord{BgIytheIiihaWlrants met in the feveral Wards, and
thofe as ufiSally, no Ward being attended with fo much Difordcr in
their Election as that u hereunto Captain i-ej'^er belonged 5 who, it's
evident, refolved right ch* wrong to have his Son-in Law, Robert Waltm,
to be returned Alderman for that Ward : The Method betook fordo
ing it. was fbuS; Coming into the place where the Inhabitants were Af-
femhled, in order to their Choice , he finding the Vote was like to be
carried agiinft his Son H^alters, in the firft place he objeded againft
Captain Anthony Brockholft\ Vote, a confiderable Free-bolder of that
Ward, his being a Papifi ; and afterward (vji,iyoteformy Son Walters,
wr Son Jacob Kotes for his Br, .her Walters,, and my Son Walters f^otet
for himfilf, that's three, put them down : By this means was his Son Walter
returned for that Ward.
JThe Qlual day of publilliing the Mayor, Sheriff, Town Clerk Aider-
men and Common-Council of this City for die fucceeding Year, was on
the j^th. day of OShber, the Birth day of the late Kmg James, in the
mean time comes forth an Order from the Committee, impowering all
t]'\c Proteftant Free-holders of this County, on the ^day ofOSober
to eled Msy&r, Sheritf and Town Clerk at which Eledion, the far great
eft Number of the Inhabitants not appearing, ( well knowing, that by
'the expr^fs words of the Charter, that Power was Solely m&rved in
the Governour's breaff, to appoint thefe three Officers) the leaft Num
ber of the Inhabitants, in purfuance of the Order aforefaid, met and
AfTembled togethisr, and by Majority of Voices chofe one Peter De La-
my Mayor^ Johdmtes Johnfon Sheriff, and Abraham (Sovernour Town-
crerk,^ainrt which Perfons we objed not fo much, as the Method of
their bfing chofen; neither ftiall we be offended, if it fhall pleafe his
Majefty to add unto our former Priviledges nhis likewife : The Gen-
tlcnfien named being thus chofen, w«-e publiftied on the . cuftomary
day. By this.time Mr. il^lwrw recovers of a fit ofSicknefs, that had hither
to rendred him incapable ofadihg any thing elfe iut affording his
Qamber Advice, which'opon ail occafions was conlulted by our Ufur
per Leyfler ; now being reffored. in great meafure, to his former Hezflth,
hevigoroafly joining with this Ufurper and his unfafe Committee, a no
table piece ofService is immediately alfign'd him by theoiy which was to
go up x.oEfo^z^\d Albany, in order to the bringing thofe Coundes into
theianK Condition and Diforders as they had done this and the Neigh^
bouring Counties near adjacent. In purfuance hereof, he goes on board a
Sloop, andSaih forward to Albany, with fiftyMen,who had lifted them-i
felves as Voluntiers, to aflift that place, if occafion were, againft ri^'
^re»ck i upon his arrival there, by die great care, condad and prudence' 0

-of Peter Skifyler., Mayor of that City, alfifted by the Recorder, Aldermen,
Common Council and Military CWScers, the defigned purpofes of this
dark Politician were happily fruftrated, fo that he returns back to .this
place under fome Difappointment.
The Eighth day of Z)e«»i^«" arrives /'eri)i<i^o/?o«, cneRiggs, with two
Pacquetshrom his Majefly, King WiSiam, whereby we hoped to have had
deliverance from the Ufiirpation, Slavery and Cruelties of Leyflet -, but
our Expedations wcrefoonatanend, the Superfcription of the f^acquets
iwingthus. To Onr Trufty and WeU beloved Francis Nicholfon . Efquire, . Our Lieute
nant Governour of Our Province of New-Yock in America.; or tn h'ttAk"
fence, to fuch as for the time being tak§ care to ksep the Peace and admintfier
the -Mtfs of Our faid Province.' ¦
This Infriogerof ourLaws and Liberties, Leyfler, peremptO|rily afl&ntei
the PacquetS ^O himfelf, faying, Pfe w-m the Man to whom' they we/edireUed
in the Lieutenant Governours abfence. But upon what pretence he deems
himfelf the Perfon,' except it be for his Breach of die Peace, and Obflra-
dingtheduecourfeofLaw ever fince he hath poflfeffed himfelf of the
Fcfft, Arbitrarily and Illegally ruling by the Sword, is fufficiently evi
denced to the Vnbyaffed Reader, by the fore going Lines.
FrederickPhiRips md Sfephanns Tan Cortland, both of the Council, and
left in Truft by the Lieutenant Govemour for the keeping of the Peace,
and legally Governing of this Their Majefties Province, which thi^ care
fully and honeftly would have difc'iapged the Truft repoied in them, if
they had not been prevented by thh Violater ofour Laws and Libcidies.
and that with more Renown and Reputation to Their Majeftie9> a^ well
as the better Satisfadion of their Leige People inhabiting this Their Ma
jefties Province.
The two Gentlemen of the Council before-named, being fent for to
die Fort, by the requeft of Mr. John Riggs, ( the Pacquets being by him,
atthat time not delivered j they fignified to Leyfler, and thofe prefent
with him, That they were ready to obferve fuch Orders ^/ His Majefty hadgi-
veninHis Pacquets tohis Lieutenant Governour, then abfent, from whom they,
togither with Colonel Bayard, had InfiruQions to keep the Peace, and admtnifier
the Law of this Government, whiciuihiy always were ready to have fulfilled, if
bad not been^Obflruiied. , ^
; At riiis our Ufurper R^ges, and vents his Paflion in his ufual Bilimgfgate
Rhetorick., calling them, I'opifhly affected Dogs and Rogues, and bids tiiem
immidiately go out of the Fort, for they hadno bufinefi there.' A ftrange En
tertainment to them, who for thefe many Years paft have always, as
Councillors,- officiated under the feveral Governours of this Their Ma
jefties Province, and at that time were there who were left in Truft by
C -. Their

Their Majefties Lieutenant doWrwDur- However, feeing there was no
I^L^wdy but PatietKe, ( this Vioieot Ufmfh' refolving ftill to govern by
the bWORD ) they quietly went to their Own Hemes.
Their Majefties racquets being thus aftiimed by our Ufurper, he im-
oiediatelyabufethhis deceived Abettors, by atlirming to them, He had
received a Commifficn to be their Aiajejfies LieutenMit Governour, and that aH
their ^Uions were well approved of. This readily gained Credence with the
Vulgar, who are too apt and willing to be beguiled by their Popular
Leader. From this time forward heaflfumes the Title of Lieutenant Go-
'L <>«.», and according to the Infiructions given in the Pacquets, hefwears
(JEtme, who were of his Committee of Safety before, to be Councillors
now, as alfo fome few more of the Inliabitants, much alike unto thefe
Perfons, neither of the higheft Rank nor Reputation, but fuch as our
Ufiirper was well afifured were for his turn. This being done they pro
ceed to Adion.
NB. On the i6thday of December an Order comes forth, Entitulcd,
By the Lieutenant Governour and his Council, figned underneath, Jacob
Uyfier.
The Contents as foUoweth.
^ -
By the Lieutenant Governour, dec. and Council.
WHereai there m an A6i of Jffembly, dated One Thoufand Six
Hundred Eighty Three, Ehtituled, A continued Bill for de
fraying ofrequifite Charges of the Government, and many of
the Inhabitants of this Province, notwithfianding they have fubfcrihed to
comply mth the fame, have difputed it, nhen required thereunto.
ihefe are therefore to give Notice unto all T erfons within this Pro
vince, that the Cuftoms and Excife fettled hy the faid AB, hath and
doth ftill remain Good, and of full Eorce, and that the Collectors and
Receivers thereof, are imporcerd to do their Duty therein s, All Ferfons
being hereby firialy reqiiired to obey the fame, as they veill anfmr the
contrary at their Teril. Given under my Hand at Fort William, this
Sixteenth day of December^ i6Sff. Jacob Leyfler. This

Ci5 3
This Order of the pretended Lieutenant GovernOur and Council, be
ing fet up in all the Publick Places of this Cjty, did not a little Alarm
theconfiderate Inhabitants, who thereby clearly faw the willingnefs of
this Ufurper and his Abettors, to enflave tliem and their Pofterity, fo
that he might comnund their Purfes. A ftrange Change in a little time !
For this le^yZer in the beginning of our Troubles, was the firft man that
difputed the payment of the Ojftoms, confultlng with feveral <tf the'In-
habitants, how thofe Arbitrary Impofitions might be pulled down. Fur
ther, liow contrary this Order of our Ufurper, and Abettors, is to their
owff fo often repeated Maxim, C That whatfoever was afled by a Papifl
Governour, or under his Anthority, was ipfo fado null and void, and of no
efe^in Law J If there yet remain any Cahdour or Ingenuity in this vio
lent Man and his Abettors, it will be more honourable for them pub
lickly to Recant fo plain an Ei-ror, than ftill to perfift in it 5 for we pray
of the Vnbyajfed Readir, what elfe is the intent, purport and meaning a
this Order, but to enforce a Law made by a Papifl Governour, aid under
his Authority, which, by their own Argument, is void in it felf So
that they muft either own , this their dark unintelligible Oracle, hath
much deceived them in this point of his Politicks, or it's evident to the
World, they have affumed upon themfelves a Power to levy Taxes, Cuf
toms and Benevolences, upon the Inhabitants of this Their Majefties Pi-or
vince, without and contrary to their own confentj notwithftanding the
many wholfom Laws that have paflf^ed, under the feveral Kings Reigns in
the'kedXm of England, made for the prefervation of the lame; as alfo
contrary to aoarucular Brandi of that Ad which their Order hath refe
rence unto, that in exprefs words fays thus, That no Aid, tax, Tallage,
Affefment, Cufiom, Loan, Benevolence or Impofition whatfoever, fljall he laid,
affeffed, impofed or levied on any His Majefties SubjeHs within this Pro^
vince, or their Eftates, upon any manner or colour of Pretence, but hy the-ziSt
and Confent of the Govtrno rr. Council and Reprefentatives of the People in GC'
neral Affe/nbly met and rJf'M.'Aed,
Now to the end we may further make out to the World tlieUnrea-
fon.-H'enefsaswellasthe Illegality of this, -e cannot omit t3 advertifc
the sfntartial Reader, Thit ih the Ye.ir 16^3. arrived to this Province Co
lonel nomas Dongan; appointed iiis Majefties Governour under his
Royal Mighnefs the Duke ofTork, the Lord Proprietor of this Province,
who in a ftiort time after fiis arrival here, according to particular In-
ftrudioi > given him by his faid Royal Highnefs, did iftue forth Writs to
the fever il Counties within this Province, for the Eleding of Members
toferve in General Aflembly, which accordingly , was done, and die
fame wetc convened, and begun their firft Selfion on the day of
C 2 OUober,

1^6 1
Off«*fr, and the firft Ad that paft this Seffions, was that their Order re
fers to, wherein our Reprefentatives wifely provided againft the critick
Lawyers of this Age, w^ho too nicely diftingullh betwixt the Kings Sub
jeds inhabiting within the Realm of Enc^Und, and thofe inhabiting his
Dorainiors abroad, denying the Latter the t'riviledges confefled to be
the undouixed Birth-Right of the former, upon which our faid Reprefen
tatives, prudently-in the firft part of that Ad endeavour to fecure unto
therafelvesanJPofterities what was the Birth-Right of every Free-born
Subjed of England. This, being done , they continue thi9 Ad for
the defraying of die neceflTary Charges of this Government, which be
gins thus.
The Reprefentatives of his Royal Highnefs' s Province of New- York, row-
¦vened in General A^embly, Have, for and in confideration of the many Gra
cious and Royal Favours expreffed and extended to the Inhabitants of this His
Province ; and alfo for the bountiful Confirming and Referving to them and
their Pofterity, the Rights and Priviledges, Liberties and Immunities before
~ recited and e.vpreffed, andfor the better defraying of the neceffary Charges and
Expenceofthis Province.
How far this Ad is binding upon the Inhabitants of this Province, will
further appear, by duly confidering another Claufe ofthis very Ad, which
runsduis, That aH Bills agreed upon by the faid Reprefentatives, or the major part of
them, fiiaH be prefented unto the Governour and his Council., for their Approba
tion andConfent \, all and every which faid Bills, fo approved of and confented
to by the Governour and Council, (hall be efieemed and accounted the Laws of this
Province ^ which faid Laws (hall continue and remain in force until they be re
pealed hy the Authority aforefaid, that is to fay, the Govemour, Council
and Reprefentatives in General Affembly, by and with the approbation
of his Royal Highnefs, or expire by their own Limitations.
-Now that this Ad of the Affembly, in a ftrid fenfe, cannot be al-
lowedtobea Law ofthis Province, and fo not binding upon its Inhabi
tants, We Humbly ofter thefe Reafons.
Pirft, For dial by the Authority aforefaid, this Ad never was aflented
mito,the approbation of his Royal Highnefs being always wanting, who
wasfo far afterwards from approving of it, that he utterly difallowed the
fuae, Snd that firft by a Letter to his ^overnpur, Colonel Thomas Don-
eon., and afterwards coming to the Imperial Crown of £»g/^«^, he pub-
Bckly difallowed that Ad, by fending over a Commifhon, under the
Broad Sealof England, to the faid Colonel Dongan, to be Captain-Ge neral

Ci7 3
neral of this Province, and with feven Councillors to govern the In
habitants thereof, any five of which Councillors made aQporaci, and
the Majority of that five, with the Captain General, wtre impower-
ed to make all Laws. A Method contrary to.whatthe afore-recited Ads
prefcribe. J
Secondly ,OurYecond Reafon why this Ad is no wiays binding on the In
habitants of this Province, is. That the Cuftoms, Impofitions and Ex-
cifes granted unto His then Royal Highnefs, his Heirs and Succeflbrs, in
the faid Ad, were given in Confideration of his faid Royal HighnelsCon-
firming to the Inhabitants the Charter Priviledges, making up the firft
part of the faid Ad, which never was enjoyed by the Inhabitants, nor
confirmed to them, but the contrary, as is proved.
Thirdly, For that hitherto we are ignorant of any Law, either made
within the Realm of England, or this their Majeflies Province, by
which the Inhabitants thereof are obliged to pay unto His Majefty the
Cuftom and Excife fet down in the before recited pretended- Ad of
Affembly : When any fuch Law is produced, thofe of us who have
fiped to pay unto King K'iHiam the Cuftoms due unto him, when Le-
;gally demanded, fhall readily comply ; but until that be done, we can
not fee thofe Notes, given by feveral of us for peace and quietnefs fake
.( importing no more than what is above written J are any ways Obliga
tory. However, when it fhall pleafe Almighty God, a Govemour
Arrives to this Province from King li^illiam, we arc ready to fubmit
this Point, as well as all other Abufes and Irregularities done unto us,
then to be decided in a Legal way and manner. To a Governour, fo
Arriving, we fhall not be backward to afiift, either with our Perfons,
or Eftates, for the more orderly and peaceable governing this Province,
and- defraying the publi \ Charges thereof, in fuch a way and manner
as ftiall be Legally agreed on-
On the 2?^. of December, about Seven or Eight a Clock in the Even
ing, Jacob Dekey, Junior, Son to Jacob Dekey, already mentioned, with
Cornelius Depeyfier, Son to the Widdow Cornelio, both Lads, were vio
lently carried away to the Fort by Force of Arms, without ''^Jittimm
or Legal Procefs, Alledging, They had defaced and Torn down the Or
der of \he pretended Lieutenant" Governour and his Council, wliich
upon a due Examination will evidently appear, was Handing feveral
hours after their Commitment. How Sol licitous this Cruel Ufurper-is
to vent the Fury of his Rage againft both Young and Old, is evident
to all, by the Illegal Confinement of thefe two Lads, for no other caule
but his own Arbitrary Will and Pleafure.
The fame Night an Indian Slave belonging to Philip Fn?ich was drag
ged to the Fort, and there Imprifoned. . Tiie

C IS !
The next day Mr. Fretich f'-Iiing in amongft fome of Leyfler % Crew,
refented die Injury done unto him, by the Illegal detaining of hLs Slave
fo highly, that fome of the ftanders-by immediately went and informed
againft him, foas diat in a flort time after, as the faid French was walk
ing in the publick Streets of this City, about his lawful Aflairs, John
Hitrger, Sergeant to this Ufurper Ley(ler, attended with fix Mufqueteers,
"liys violent hapds on him, and tells him, he was his Prifoner, and to
to the Fort he muft go- Mr. French replyed. Not unlefs youcarry me,
' whlch'a^orcjingly they did, in the nature of a Dead Corps, though
living, "where he foon meets w ith the Entertainment of a clofe Impri
fonment. Some hours after the Commitp.;ent of this his Majefties Subjed, by
his own particular requeft, Capuin johi Tudtr and Mr- James Emet,hoth
allowed Attorneys of this Province, made application to his Goalei:
Leyfler fijM" a Copy of his Mittimw, in order to their taking fuch care
for their Clients enlargement, as the Law allowed of, and dircfted unto.
All the anfwer they obtained at that time, was, That hecouh: do nothing
mthout Advifingwith his Ccntxtl, and they (l)ould meet in the Ezening., when
they might re-attend. This they carefully did, though to little purpofe ;
for they were denied Entrance into the Fort that Evenii.-. feveral times ;
nor could tliey be admitted to fpeak with their Client, fo that near
twenty four hours were expired e're this Ufurper faw caufe to deliver
the following Papers, which for the Readers fatisfadion, we fhall here
recite Ferb.ttim.
Fort- William, December 24. Anno 1^8^.
WHereas Complaint « made to me, That Mr. Philip French
lath, in a moft hifolent manner, contem77ed this Govern
ment, threatning to Tare off ( if it had twt been already
done ) the Troclamation for continuing his Majefties Cuftoms and
Excife, according to an A£l of Affembly, &c although it woi forbid
4U itrfims at 4beir Teril.
thefe are in Hit Majefty King Williain's Name to will and re
quire you to bring the faid French before me and Council, to Anfnw
'for tf?e fame. Given under my Hand and Seal the Date abovefaid.
To 5't'r^£'.j«^ John Burger,
and his AJfiftants. Jacob Lcyflef. ^t

c I?:
At a Conner/ he/ J in NcT-Yx^rk fhe 24//^. of
December, Anno i6Sp. •
Lieutenant Oovernour, Maf Cuyler,
Prefent, Samuel Edfall, Benjamin Blagg,
Thomas WilUams, John Van Coufoenkeven,
Hendrick Janfe, Alderman.
WHereas Philip FreiKh hath behaved himfelf very Contemp-
tuoufiy againft the Lieutenant 'Governour and Council, m
by Evidence taken before him, doth appear, and contirmeth
in the fame, being examined before them.
Ordered, that the faid French be fortfj^ith committed to fafe Cufto*
dy mthin Fort- William, tH further Confuhation in this matter.
A true Copy, Examined by
Jacob Milborne, Secretary.
Now whether the Reafon of this Ufurper's deferring the Delivery 0^
the Warrant and Order of Council, above tranfcribed, may not ratio
nally be conftrued, as fome do, that the Warrant direded to Sergeant
John -ffwrgcrandhis Affiftants was written feveral hours after Mr. French's
being clofe Prifoner, or not, is aqueftion we fhall not now infift on.
The Warrant and Order of Council, above written, coming to the
Hands of the beforejjaied Attorneys, on thfe behalf of their Client,
they apply themfelv«arrefti to the pretended Lieutenant Governour and
Council fitting on Chrifimas Day in the Evening, to whom they fignified.
That having per ufed the Warrant and Order of Council, by which %.
Philip French was committed clofe Prifoner within the Fort, they found.
nothing contained in either, but what, according to the known Laws of
England^ well as this Province, was Bailable, and for that end & purpofe
they appeared before them, on the behalf of their Client, to offer Bail
to the Value of Twenty Thoufand'Pounds, if defu-ed, for his appear
ance in any Court of 'Record within thisC'ounty, there to abide fucli
Determination, as by Legal Procefs flioald bs made againft him, for or
by reafon of the diarge Alledged againft him in the aforefaid Warrant
and Order of CcunciL All.

i: 20 J
All the Arguments ufed by thefe Gentlemen of the Law, no ways
prevailed with this cruel Leyfler, and his Nominal Council, whom he
is making ufepf, as his Tools, for the better Cloaking of his own Ar
bitrary Illegal Adions and Intentions. It feems as if this Ufurper was
of the fame Opinion with fome Souldiers in i'lutarchs time, who won
dered any would be fo importunate to Preach Laws and Moral Reafons to Aien
With SWORDS bytkeir fides; as if Arms knew not how to defcend to
Rational Inquiries. All the Satisfadion given to this fo lawful demand
of Bail cm the Prifoners behalf, was only fome fmall diverfion. Our late
Upftart States-Man, Mr A'ilborne, ( now advanced to the Secretaries
Office byhis New-made Lieutenant Governour ) was pleafed toaffi)rd
them, by dropping now and then his wonted obfcure Sentences, asking
the IMfcner's Counfel, Whether they would fubmit the Determination of their
Client's Caufe to the Lieutenant Governour and Council ? Who thereupon
modeftly enquired, in what Capacity they fate there, whether Military
or Civil ? Anfwer was made by Milborne, Both, llie Uncertainty of
this Reply, as well as its Ureafonablenefs, yielded frefti matter to argue
opoQ \ all which centred hefe, that our dark Politician demanded, How
they would help then:f elves, or by what niCtins they would be relieved? To
whom it might have been fitly replyed. In the fame way and manner as you,
not many Tears pafi, recovered Forty five founds by a Legal Courfe, againft
S0'- Edmund Andros, for Nine Hours falfe Imprifonnieni>^'For notwith-
Itanding the maiiy endeavours ufed by our Ufurper to quafli the vari
ous Reports coming to us, many ways, of a Governour ha fining fi-qm
His Majefty for thisProvince,we are not difccaraged in our Expedations
of, and wcU-wiftiing for his fafe Arrival, and then we doubt not but to
fee fome of our Ufurpers receive the juft Demerits of their Illegal
Arbitrary Doings. ^ '
The ^thofjanuary'Cs'ptoin'John Tudtr, hy particularWarrant from Mr.
Philip French, zp^lkd himfelf to the Mayor of this City with the Kings
Writ of Habeas Corpus, returnable to the next Mayor's .Court, which
was she jth.ofthe fame Month : This Writ fo Signed by the Mayor,
was fafely conveyed to Mr. French, and by him delivered to his Keeper!
who forthwith acquainted the head Goaler, Z-ey/er therewith, who im-
nifediately ordered the Windows where the faid French was confined,
to be Nailed up, and that a more ftu6t Watch fliould be kept over him',
as if the-Cruelties already exercifed towards this Free- Born Subjed of
England, were not fufficient, who hitherto hath been denyed theAccefs
of his Friends and Acquaintance 5 no, not fo much as his Counfellers
at Law admitted to come near him. A Ufage more Cruel and Barba
rous than the molt Notorious Fellon, Traytor or Rebel commonly meet
withal. The

t*i3
; The 7th. of January being come, and the MayoA CoOrt fitting^ IVfr,
John Tuder diligently attended it, expeding to have met his Client there,
by vertue of the aforefaid Writ, waiting a confiderable time,' and no
appearance of Mr. French, he informedthat Court, That the Mayor
was pleafed on the 4th. Inftant to fign his Majefties Writ of Habeas
Corpus fot the bringing the Body of the (aid Mr- French together witft
the Caafe of his Commitment before that Court, where he was ready
to argue on the behalf of his Client the matter of Law that might
arife} but feeiog he was difappointed, by the aforeCiid Writ being dif-
obeyed, he ftiould take opoii him to open to the Court the Naure
of the faid Writ, which (faidhe^ is aWrit granted in the Subject favour ,
to prevent the Illegal eUtainure of any of the Kings SubjeRsfalfly Imprifoned.
So that a Violation ofthis kind, was a Crime of the deepeft Dye, and every
SubjeEt was nearly concerned therein, none knowing whofe turn it miAit
be next to have their Liberties fubjeded to the Arbitrary Will and Plea-
fiire of this Man, C Eeyjler. ]
Alfo, to the Bench he direded himfelf in.this manner, Tm who- an the
Mayor and Aldermen, for the time being, ofthis City, andfo confequently the
Patrons thereof, it behoves you to take care, the Ancient Liberties and fVee-
domi t^this City be not infringed, and that its Inhalntantt be not in this moat'
ner draggd, by a Marfhal Force, to the Fort, and there kfpt clofe Prifoners.
Our Ufurper's Oracle, Milborne, beini prefent in the Court, after a
loBg continued Silence, Learnedly expreSeth himfelf thus ; I do aprm to
this Court, That Mr, French is none of the Kings Subject, without giving
any fiirther Reafons. At which the flanders by hifled, and foroetwd)'
lickly charged him with being the principal Author ofour prefent Tro^^
bles. .
On the izth of Jmuary cettdxa Advice coming to this place of a Ship
defined to this Port, whereof one Prents was Mafter, being ftruck on
fonae Rocks near New-London^ and Mr. French being chiefly concerned in
the Loading, was forced to fubttiit to this Proud Ufurper, and to Peti-
tuH) him by the Title of Lieutenant*Governour, who had before menaced
him, ifi^e would not pve the Title of.Lieutenant-Governour, he would put Mm
¦ish&e HE SHOVLD NEVER SEE THE FACE OF MAN MORE,
to prevent which, and the exigency of his Affairs at that time, hejgra-
tified the Ambitious Humor of this man, Ley/Ur, and thereby obtained
his Liberty, upon his and Mr. Thomas Winham's entring into a Recogni
zance of Five Hundred Pounds to die King, for die laid French hi^gpod
Bdjaviour during Twelve Months and a E)ay from the date thereof
To return again to pur Account of the two Lads' firft imprifoned.
CorneliHs Depeyfter, by the humble Petition of his Mother, was fet at Li
berty. - Jacob Deksy >s l^iU UQtler Confijiement, albeit his EnlargnMAfhas
D been

been much endeavoured by his Mafter, Mr. John Barbary, a confiderable
Merchant in this Cicy, who went to his Goaler, Leyfler, and offered Two
Thoufand Pounds Security for his mans appearance to anfwer a legal
Procefs againft him; to which end and purpofe a Copy of his Afittimtu
hath divers times been demanded, but could not be obtained, nor no
Bail woukl be taken-, Nothing will ferve this proud Ufurper, Leyfle,-,
nor rt'leafe this Lad, but his i-*arents fending in a Petition, direded to
fkcob Leyfler, Ucnte»ani -Governour, and his Coitncil, wherein they ITiUft
beg Forg.venefs for Faults they are ignorant of their Son's being guilty of.
A ftran'-.c and unheard of Method to force People to pay Homage to his
Perfon 1 Children muft be taken from their Parents, Servants from their
Mafters, Husbands from their Wives, Mafters from their Families, and
all tills on no other Account than their denying to give this Proud Ufur
per, Leyfler, a iitle that no way appertains or belongs to him.
And we dare diis proud man to produce, if he can, any Adions againft
diofe Inhabitants he moft malicioufly Charaderizes as Popiflily affected, Co
much favouring of POPERTas thefe we charge him with, and are ready
to prove againft him when a convenient time and opportunity prefents.
For, we pray the unbyaffed Reader what is the difference betwixt bloo
dy Bimop Bonner's Coal-hole, and tnis cruel unmerciful Ufurpers E)un-
geon and Bullet-Hole, the former being fitted and prepared for the poor
^rote/iants, that would not idolize their Confecrated Waf^, thjs latter
for tne quiet Inhabitants ofthis their Majefties Province, who cannot in
their Confcience afcribe that Honour to him which is only the Right of
the KING to infer upon him, and then it's time enough for his SuSjeds
to Qbcy. , ¦ . '.
The, i^th of Janu.try this Ufurper, Leyfler, fends under the Command
of Lieutenant Churchill twenty Souldiers over to Long-ifland, the next day
diey came to Jamaica, where they in a violent manner, by force of Arms,
broke open the Houfe of Mr. Daniel Whitehead, one of his Majeflies Ju-
fticcs of the Peace, appointed by our Governour Sir Edmund Andros, and
being entred into the Houfe? they in like manner aforefaid brake opeiji
feveral Chefts and Boxes, but found not what they looked for, and fo
ncumed the next day without doing any more Mifchief, as we yet hear
of. On the fixteenth of January, the publick Poft, Mr. John Perry, fetting
out from the Houfe of Colonel Lewts Morris, towards BoHon, was not
adv^ced on his way above a quarter of a Mile before he was laid hold
on by Warrant from our Ufurper Leyfler, and brought back to this place.
j^tp-XorL with his Letters, which were opened and peruted at the Will
and Pleafure of this Arbitrary Man, who, it's plain and evident unto all
jhat are not wilfully blind, hath made it his Contrivance how to Ruin the

the Inhabitants, and hinder the Profperity of tliis Province, ever fince
his taking upon him to govern by the S l^'O R D, which he liath m great
meafure effeded, by his continual Breach of the Peace, and obffrudting
the due Courfe of Law and Ju^ce. But left this were not fufticient, he
refolves to deftroy, as much as in him lies, the Commerce and Trade of
this Province. A more ready way than diis could not have been taken
by him for that purpofe, to obflrud and hinder Advice, which is ac
knowledged by all to be the Life of Trade -, for how can this be given
or received, where intercepting mens private Letters, is become fo oio-
difh widi our pretended Rulers, as that they are fo far from coontii^ it a
Crime, as by their Adfons they deem it a Virtue,
Before we draw to a Conclufion of this our Declaration and Narration,
which is already fwelled beyond its intended Limits, We cannot onnc
tranfcribing two other Branches of the pretended Ad of Affembly, they
feemingly make fuch a podder about, which upon an impartial Eiiqolry
CaUpwiog it to be an A^ binding, though that we cannot do, for the
Reafons ah-eady given.) tiiefe cwr Ufurpers will be found the greateft
Violaters thereof The Branches we think fit to infert are diefe fofr
lowing, w«.
That no Free-ntah flioM be taken and imprifoned, or be diffeix^d of bis FreC'
bold, or Liberty, or Free Cufioms, or be Outlawed, or Exiled, or any other
waytdefiroyed -, nor fitaU be pafied upon. Adjudged or Condemned, hut by the
Lvwful Judgment of his PEERS, and by the Law ofthis Province.
Jufiice nor Right fhall be ne^er fold, denied, or deferred, to any man within
this Province.
That in all Cafes whatfoever. Bail by fufficient Surety fltall be allowed and
taken, unlefs for Treafon, or Felony, plainly and efpecially exprejfed and
mentioned in the Warrant of Commitment.
How far thefe our Ufurpers Adions evince their little Regard anto
the pretended Ad of Affembly, except it be to that part ^^ hich would
bring Greaft to their Mill, let the Unbyaffed Judge.
This Arbitrary proud Perfon, Leyfler, having thus far exalted himfelf
abt)ve his Brethren, difdains to own his very Kindred, unfefs they will
entitie him Lieutenant-Govemour ; nor will he free them from Ids Ballet
hole on any other Terms.
A plain Demonftration ofthis he hath given by his late carriage to
Mr. Lucas Keerfiead, who after the ufual manner was forced to eo^ the
Fort 5 when he came before this Ufurper, he foftly applies himfelf thiK
to him, Coufen Leyfler, What is your Wilt and Pleafure ? At this he flveJ
out in a great Rage, How dare you call me Coufen ? Then he fpoke tobim
O 2 I...

Cm]
by the Name of Ca^ain, but that would not do, and he was told, that if
he gave him not the Title of Lieutenant-Governour, he would be put
amongft the Bullets. To avoid which, he gave him that Title, and then
was fuffered to go home. .
It's ftrange this Violent Man, Leyfler, who otherwife is fo Politick,.
fljould be at a ftand, when this plain Qucftion is put to him, Who gave
you this Name ? Why doth he not anfwer, as in truth it is. My Godfather
Mr. yf^borneiiand his Affiant l^am Glory, together with my God- mot her Am-
bmon, who have engaged on my behalf, that I fljould cleave to^ the Infernal
Prince and his Works, Hug and imbrace all the Pomps and f^'^ities of this
wicked World, and as I had hitherto been fo, I fljould fiill continue a faithful
Servant to that Blacky Prince of the ^ir, as long as the many Headed Beafis
the rusie Multitude, would fiand by me.
To Sum up all. We readily (iibmit the dicifion of diis Queftion to the
Coofiderate Pender of the fore-gping Lines, Whether thofe branded by
Leyfler y as King JAMES his Men, or himfelf and his Rude Crew, df
fare that Title Moft?
Sore we are, that upon a ferious perufal of the Declaration, Entituled,
The Declaration of the Lords Spiritual and Temporal, and Commons ajfembled
M WeftmJnfter, DieMartis 12 Februarii, 16S9. feveral Articles therein
exhibited againft the late King James, and declared Illegal, are and have
laeen moft notorioufly committed by this Ufurper and his Abettors, fome
whereof we fhall here infert and fet down as in the faid printed I>ecla-
tatioa, viz..
V. iTbat levying Mtmey for 4r to the uje of the Crown, hy the pretence 0^ Prero-
')gfU»lie, vithout Grant of Parliament for longer time, or in other manner than
the fame is or fliall be granted, is Illegal,
That Excefflve Bail ought not to be required, nor Excefftve Fines impofed,
'.wrtCrnei and Vnreafonable Punifhment iafiitted.
'Ju: > - ..
That this Arrogant Man, Leyfler, is palpably guilty of bodi thefe
Branches before recited, we prove thus, w^.
.„. That by his Inftruments he hath and doth exad ( by pretence of Pre-
id^ve, and for the ufe of the Crown ) Cuftoms, Impofitions and Ex-
cUS, never granted to the Crown ; which that he might the better ac-
.)q085>fi{b, he hath taken upon him to ered a Court of Exchequer, con-
iHoltiOg) as Members of the laid Court, viz., Samuel EdfaU, Benjandn
t9M0¥ Johimnis Prpvefi, Hendrick. Janfen, John Cowenhoven, who began
il^ttrSdfionsonthe 2c»Aof j^^wwrfryj the i%th of the fame Month feve-
ij^JoC^e Inhabitants received Summons to appear at this unutual Court on

C 25 J
on the day above iaid, to give dieir Reafons why they wodd not vif the
Moneys tney were indebted to the King for Cuftom.
The Perfons fo fummoned unanimoufly made cho^ t>f Mr. Thomsu
Clarkjo appear for thei.i, who went to the Fort, wherie this Court was
fitting, atw being admitted, ,he firft enquires, Whether]^ there had a Com-
myionfre^ King William to U Baron of his Exeheiei^ I ^ if any ^ that
his Commiffwn might be publickly read ; and afterwards proceeded to fhew
the unreafonaHencfe of their Demands j but all to little purpofe, the
Court proceeding to enter Judgment againft the Inhabitants, for whom
he appeared, only giving them ei^t days time to confider, whether they
would voluntarily pay thieirC illegal 3 demands, which otherwife would
be levied upon them by Diftrefs. - .
About four a Clock in the Afternooq of this day, was in Tome mea
fure verified an Expreffion omr Ufurper not long fihice, was pleafed to ut
ter to a Perfon of good Reputation in this Proviiure, who enouiring of
him. By what Power he did fuch Aftiont? To whom he anfwered, TTiat he
was itivefied with fuch a Power, as in a little time he could Cotnmand the Head
of any man in the Province, and it would he forthwith brought him. Something
like hereunto was this day fulfilled; for j^vi&e Comtnand to WiSism
Churchill, and feveral Sooldiers with him, amftedby fome of thelnhabi-
tants of this City, namely, Abraham Brazier, Abraham Clomp, Wtt Tom-
ber. and divers others, they go to the Houfe of Colonel Nicholas Bayard,
and by force of Arms enter the fame, breaking open feveral Doors and
Locks, in order to the feizing of the faid Colonel Bayard, whom ( as
fome of them (aid) they were ordered to take dead or alive. Colonel
Bayard for his own Security had left his own Houfe, and was gotten into
his Neighbours, near his back-fide^ viz. one Mr. Richard Elliot, a Cooper,
whofe Houfe in like manner by Churchill and his Attendants, was brofcwi
open, where they laid hold of Colonel Bayard, and in a moftabufive
manner dragg'd him to the Fort In this Riotous Tumult was ffoln out
of the Houfe of the (aid Elliot, three Silver Spoons. '
But the unlimited Will of this Violent Rapacious Ufurper, was not
yet fetisfied with the taking and imprifoning of Colonel Bayard, nor his
Malice thereby fully anfwered, for in like manner he vents his Fury
againft Stephanus van Cortlandt, late Mayor of this City, whofe Houfe
likewife was broken open, and moft of his Doors and Locks fpoiled>
though they were frufkated of their Defigp, by hisefcapirig out of their
cruefHands for that time.
Alfo, Mr. wmiam Nicols was lai4 hold on by the men of Breuckl'e at the
Ferry-houfe on Long-lfland, and was brought over in the Evening and
carried to the Fort. Tiie

r *<5 J
5 The imi Mohftte the Ferry-man was itiJike manner brougfit tathe
Fort, where thefe tmee Subjeds of their Majefties are illegally Impri
foned, and witfi-l»hom how barbaroufly they intend to deal, Time will
beft difcover.
- We (hall aid this our Declaration and Proteftation, Narratively fet
down> by naming Ihe principal Authors of our prefent Miferies, wliich
ansthefe following, f»«..
Jacob Leitter, Thomas Wi//iams,
jacoh Milborne, Benjamin B/agg,
Samm/ EdfaU, Hendrick. Janfen,
Peter DeLanejf, Hendrick, Cuy/er,
Dr. Samiet States, John Cowenhoven,
Dr. Ger. Beckjnan of Flac^bus,
Againft wh^ we waita fair Opporomity legally to proceed. Dated in
Jl^XMk.^*i'bofjhntuary, AnnoDonuniiego.

F I i^ I S.

YALE UNIVERSITY LIBRARY

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