The execution of Leisler and Milborne, although per- CHAP. XII.

Leisler and

political

its conse

New York.

fectly lawful, was, nevertheless, a great political mistake. 1691. It at once made them martyrs instead of convicts, and gave The execu rise to popular divisions, which for a long time injured the tion of province. Concerning no prominent actor in New York Milborne a colonial history has opinion more widely differed than in mistake: regard to Jacob Leisler. A German, and not a Dutchman, quences in he has been generally held up as a champion of Dutch democracy against English aristocracy; of colonial liberty as opposed to the rule of the mother country; and of Protestantism against Romanism. His official career negatives these theories. His conduct proved him to be more a tyrant than a democrat, and as bitter an enemy of unquestionable Protestants as he was of avowed Roman Catholics. It was the selfish attempt of an upstart demagogue to obtain a local importance, which neither his own character nor the circumstances of the province warranted. Seizing colonial authority under false pretenses, he clutched it to the end with a firm hand, growing more confident, more despotic, and more obstinate as he gained lacking experience, and committing greater excesses in maintaining his impudent usurpation than any Governor of New York commissioned by the Duke of York or King James the Second. Leisler's assumption of provincial power did not benefit the English Revolution. If William's colonial government had remained in the hands of Nicholson or his counselors, the province would have been better protected against the French and the savages; the Canada expedition might have succeeded; and New York would not have suffered from the party enmities which long disturbed her peace.*

The

the death-warrant, and before he recovered his senses the prisoners were executed." records of the Council and Assembly seem to disprove this "tradition," although it is affirmed in a letter of members of the Dutch Church in New York to the Classis of Amsterdam of 21 October, 1698. The address of the Assembly to Lord Bellomont of 15 May, 1699, attributes Sloughter's action chiefly to the "importunity" of Bayard, at whose house he was then lodging: MS. Journal, N. Y. H. S., 63, 64; Col. MSS., xliii., 12; N. Y. H. S. Coll. (1868), 406, 414.

* Col. Doc., iii., 827; Chalmers's Annals, ii., 71, 72; Wood's Long Island, 109, 110, 111; Miller's New York, 50, 51, 111, 112; Smith, i., 118, 119; Dunlap, i., 210, 211; Grahame, ii., 231; Bancroft, iii., 55, 56; Hoffman, in Sparks's Amer. Biog., xiii., 179-238. Ebeling is a German, and not a Dutch writer, as stated by Dunlap.

APPENDIX.

NOTE A, CHAPTER I., PAGE 17; CHAPTER VI., PAGE 251.

King Charles the Second's Grant of New Netherland, &c., to the Duke of York.

CHARLES the Second by the Grace of God King of England, Scotland, France and Ireland Defender of the Faith &c. To all to whom these presents shall come Greeting: Know ye that we for divers good Causes and Considerations us thereunto moving Have of our especial Grace, Certain knowledge and mere motion Given and Granted and by these presents for us Our heirs and Successors Do Give and Grant unto our Dearest Brother James Duke of York his Heirs and Assigns All that part of the maine Land of New England beginning at a certain place called or known by the name of St. Croix next adjoining to New Scotland in America and from thence extending along the Sea Coast unto a certain place called Petuaquine or Pemaquid and so up the River thereof to the furthest head of the same as it tendeth Northward; and extending from thence to the River Kinebequi and so Upwards by the Shortest course to the River Canada Northward. And also all that Island or Islands commonly called by the several name or names of Matowacks or Long Island situate lying and being towards the West of Cape Cod and the Narrow Higansetts abutting upon the main land between the two Rivers there called or known by the several names of Connecticut and Hudsons River, together also with the said River called Hudsons River and all the Land from the West side of Connecticut to the East side of Delaware Bay. And also all those several Islands called or known by the Names of Martin's Vineyard and Nantukes otherwise Nantuckett; Together with all the Lands, Islands, Soils, Rivers, Harbors, Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes, Fishings, Hawking, Hunting and Fowling and all other Royalties, Profits, Commodities and Hereditaments to the said several Islands, Lands and Premises belonging and appertaining with their and every of their appurtenances; And all our Estate, Right, Title, Interest, Benefit, Advantage, Claim and Demand of in or to the said Lands and Premises or any part or parcel thereof And the Reversion and Reversions Remainder and Remainders together with the yearly and other the Rents, Revenues and Profits of all and singular the said Premises and of every part and parcel thereof; To have and to hold all and singular the said Lands, Islands, Hereditaments and premises with their and every of their appurtenances hereby given and granted or hereinbefore mentioned to be given and granted unto our Dearest Brother James Duke of York his Heirs and Assigns forever, To the only proper use and behoof of the said James Duke of York his Heirs and Assigns forever, To be holden of Us our Heirs and Successors as of our Manor of East Greenwich and our County of Kent in free and common soccage and not in Capite nor by Knight service yielding and rendering. And the said James Duke of York doth for himself his Heirs and Assigns covenant and promise to yield and render unto us our Heirs and Successors of and for the same yearly and every year forty Beaver skins when they shall be demanded or within Ninety days after. And We do further of our special Grace certain knowledge and mere motion for us our Heirs and Successors Give and Grant unto our said Dearest Brother James Duke of York his Heirs, Deputies, Agents, Commissioners and Assigns by these presents full and absolute power and authority to correct, punish, pardon, govern and rule all such the subjects of us Our Heirs and Successors who may from time to time adventure themselves into any of the parts or places aforesaid or that shall or do at any time hereafter inhabit within the same according to such Laws, Orders, Ordinances, Directions and Instruments as by our said Dearest Brother or his Assigns shall be established; And in defect thereof in case of necessity, according to the good discretions of his Deputies, Commissioners, Officers or Assigns respectively; as well in all causes and matters Capital and Criminal as civil both marine and others; So always as the said Statutes Ordinances and proceedings be not contrary to but as near as conveniently may be agreeable to the Laws, Statutes & Government of this Our Realm of England, And saving and reserving to us Our Heirs and Successors the receiving, hearing and determining of the Appeal and Appeals of all or any Person or Persons of in or belonging to the territories or Islands aforesaid in or touching any Judgment or Sentence to be there made or given. And further that it shall and may be lawful to and for our said Dearest Brother his Heirs and Assigns by these presents from time to time to nominate, make, constitute, ordain and confirm by such name or name stile or stiles as to him or them shall seem good and likewise to revoke, discharge, change and alter as well all and sin

gular Governors, Officers and Ministers which hereafter shall be by him or them thought fit and needful to be made or used within the aforesaid parts and Islands; And also to make, ordain and establish all manner of Orders, Laws, directions, instructions, forms and Ceremonies of Government and Magistracy fit and necessary for and Concerning the Government of the territories and Islands aforesaid, so always as the same be not contrary to the laws and statutes of this Our Realm of England but as near as may be agreeable thereunto: And the same at all times hereafter to put in execution or abrogate revoke or change not only within the precincts of the said Territories or Islands but also upon the Seas in going and coming to and from the same as he or they in their good discretions shall think to be fittest for the good of the Adventurers and Inhabitants there. And We do further of Our speciall Grace, certain knowledge and mere motion grant, ordain and declare that such Governors, Officers and Ministers as from time to time shall be authorized and appointed in manner and form aforesaid shall and may have full power and authority to use and exercise Martial Law in cases of Rebellion, Insurrection and Mutiny in as large and ample manner as Our Lieutenants in Our Counties within Our Realm of England have or ought to have by force of their Commission of Lieutenancy or any Law or Statute of this our Realm. And We do further by these presents for us Our Heirs and Successors Grant unto Our said Dearest Brother James Duke of York his Heirs and Assigns, That it shall and may be lawful to and for the said James Duke of York his heirs and Assigns in his or their discretions from time to time to admit such and so many Person and Persons to trade and traffic unto and within the Territories and Islands aforesaid and into every or any part and parcel thereof, and to have possess and enjoy any Lands or Hereditaments in the parts and places aforesaid as they shall think fit according to the Laws, Orders, Constitutions and Ordinances by Our said Brother his Heirs, Deputies, Commissioners and Assigns from time to time to be made and established by virtue of and according to the true intent and meaning of these presents and under such conditions, reservations and agreements as Our said Brother his Heirs or Assigns shall set down, order, direct and appoint, and not otherwise as aforesaid. And We do further of Our especial grace, certain knowledge and mere motion for us Our Heirs and Successors give and grant to Our said Dear Brother his Heirs and Assigns by these presents That it shall and may be lawful to and for him, them or any of them at all and every time and times hereafter out of any Our Realms or Dominions whatsoever to take lead, carry and transport in and into their Voyages and for and towards the Plantations of Our said Territories and Islands all such and so many of Our Loving subjects or any other strangers being not prohibited or under restraint that will become Our Loving subjects and live under Our Allegiance as shall willingly accompany them in the said voyages; together with all such clothing, implements, furniture and other things usually transported and not prohibited as shall be necessary for the inhabitants of the said Islands and Territories and for their use and defence thereof and managing and carrying on the trade with the People there and in passing and returning to and fro: Yielding and paying to us Our Heirs and Successors the Customs and Duties therefore due and payable according to the Laws and Customs of this Our Realm. And We do also for us Our Heirs and Successors, grant to Our said Dearest Brother James Duke of York his Heirs and Assigns and to all and every such Governor or Governors or other Officers or Ministers as by Our said Brother his Heirs or Assigns shall be appointed, to have power and authority of Government and Command in or over the Inhabitants of the said Territories or Islands that they and every of them shall and lawfully may from time to time and at all times hereafter forever for their several defence and safety encounter, expulse, repel and resist by force of Arms as well by sea as by land and all ways and means whatsoever all such Person and Persons as without the speciall Licence of Our said Dear Brother his Heirs or Assigns shall attempt to inhabit within the several precincts and limits of Our said territories and Islands: And also all and every such Person and Persons whatsoever as shall enterprize or attempt at any time hereafter the destruction, invasion, detriment or annoyance to the parts, places or Islands aforesaid or any part thereof. And lastly Our will and pleasure is and We do hereby declare and grant that these Our Letters Patents or the enrolment thereof shall be good and effectual in the Law to all intents and purposes whatsoever notwithstanding the not reciting or mentioning of the Premises or any part thereof or the meets or Bounds thereof or of any former or other Letters Patents or Grants heretofore made or granted of the Premises or of any part thereof by Us or of any of Our progenitors unto any other Person or Persons whatsoever, Bodies Politic or Corporate, or any Act, Law or other restraint incertainty or imperfection whatsoever to the contrary in any wise notwithstanding; although express mention of the true yearly value or certainty of the premises or any of them or of any other gifts or grants by Us or by any of Our progenitors or predecessors heretofore made to the said James Duke of York in these presents is not made or any statute, act, ordinance, provision, proclamation or restriction heretofore had, made, enacted, ordained or provided, or any other matter cause or thing whatsoever to the Contrary thereof in any wise Notwithstanding. In Witness whereof We have caused these Our Letters to be made Patents. Witness Ourself at Westminster the twelfth day of March in the Sixteenth Year of Our Reign. [1664]

By the King.

HOWARD. Original in State Library, Albany; Patents, i., 109-115; Leaming and Spicer, 3-8; New York Colonial Documents, ii., 295–298.

NOTE B, CHAPTER I., PAGE 18.

The Duke of York's Commission to Colonel Richard Nicolls.

JAMES, Duke of YORK and ALBANY, Earl of ULSTER, Lord High Admiral of ENGLAND and IRELAND, &c., Constable of Dover Castle, Lord Warden of the Cinque Ports, and Governor of Portsmouth, &c. WHEREAS it hath pleased the King's most Excellent Majesty, my Sovereign Lord and Brother, by His Majesty's Letters Patents, bearing date at Westminster the Twelfth day of March in the Sixteenth year of His Majesty's Reign, to give and grant unto me and to my Heirs and Assigns, All that part of the mainland of New England, Beginning at a certain place called or known by the name of Saint Croix, next adjoining to New Scotland in America, and from thence extending along the sea-coast, unto a certain place called Petaquine or Pemaquid, and so up the River thereof to the furthest head of the same, as it tendeth Northwards, and extending from thence to the River of Kinebequi, and so upwards by the shortest course to the River Canada northwards; And Also all that Island or Islands commonly called by the several name or names of Matowacks or Long Island, situate, lying, and being towards the west of Cape Cod and the Narrow-Higansets, abutting upon the mainland, between the two rivers there, called or known by the several names of Connecticut and Hudson's River; Together aiso with the said River called Hudson's River and all the land from the West side of Connecticut River to the East side of Delaware Bay; And Also all those several Islands called or known by the name of Martin's Vineyard and Nantukes otherwise Nantucket; Together with all the Lands, Islands, Soiles, Rivers, Harbours, Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes, Fishing, Hawking, Hunting, and Fowling, and all other Royalties, Profits, Commodities, Hereditaments, to the said several Islands, Lands, and Premises belonging and appertaining, with their and every of their Appurtenances; To Hold the same to my own proper use and behoof, With Power to correct, punish, pardon, govern, and rule the Inhabitants thereof, by Myself, or such Deputies, Commissioners, or Officers as I shall think fit to appoint; as by His Majesty's said Letters Patents may more fully appear: AND Whereas I have conceived a good opinion of the Integrity, Prudence, Ability and Fitness of RICHARD NICOLLS, Esquire, to be employed as my Deputy there, I have therefore thought fit to constitute and appoint, And I do hereby constitute and appoint him the said Richard Nicolls, Esquire, to be my Deputy-Governor within the Lands, Islands, and Places aforesaid, To perform and execute all and every the Powers which are by the said Letters Patents granted unto me, to be execute by my Deputy, Agent, or Assign. To HAVE AND TO HOLD the said place of Deputy-Governor unto the said Richard Nicolls, Esquire, during my will and pleasure only; Hereby willing and requiring all and every the Inhabitants of the said Lands, Islands, and Places to give obedience to him the said Richard Nicolls in all things, according to the tenor of His Majesty's said Letters Patents; And the said Richard Nicolls, Esquire, to observe, follow and execute such Orders and Instructions as he shall from time to time receive from myself. GIVEN, under my hand and seal, at Whitehall, this Second day of April, in the Sixteenth Year of the Reign of our Sovereign Lord Charles the Second, by the Grace of God King of England, Scotland, France, and Ireland, &c., Annoque Domini, 1664. JAMES.

By Command of His Royal Highness,

W. COVENTRY.

Patents, i., 116-118; Leaming and Spicer, 665–667.

NOTE C, CHAPTER VI., PAGE 271.

Governor Colve to the Burgomasters &c of New Orange.

Burgomasters and Schepens being on the invitation of the Hr. Govern. assembled Collegialiter in the City Hall on the 15 Oct 1674:

The Hr. Governour General appearing at the meeting represents that he hath now received by the Government ship the Muyll Tromp, Letters & Absolute Orders from the Lords Majors and their High Mightinesses, for the Restitution of this Province of N. Netherland to his Majesty of Great Britain pursuant to the Treaty of peace concluded on the February last; with further order for himself to return immediately with the Garrison, which His Honour thought fit to communicate to the meeting, further stating to them if they had any Representation to make to their High Mightinesses, and Honble Mightinesses that his Honour would willingly present the same.New Orange Records, vii., 237.

Governor Andros to Governor Colve.

Being arrived to this Place with Orders to Receaue from you in the Behalf of his Matie of Great Britagny Pursuant to the Late Articles of Pease with the States Generall of the United Neatherlands, The New Netherlands and Dependances, now vnder your Command, I haue herewith, by Capt. Philipe Carterett: and Ens. Cæsar Knapton, sent you the Respective Orders from the said States Generall, the States of Zealand and Admirality of Amsterdam, to that Efect, and desire youl