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Full text of "Journal of the Legislative council of the colony of New-York. Began the 9th day of April, 1691; and ended the [3d of April, 1775]"



6 









re Regents 0f % llnikrsitg, 



KX-OFFICIO 



TRUSTEES OF THE STATE LIBRARY, 



IX UEHALF OF THE 











OCUMENTS 
DIPT. 



JOURNAL 



O F T H E 



LEGISLATIVE COUNCIL 

OF THE COLONY OF 

N E tr-r o R K f 

Began the pth Day of April, 1691; 

AND 
Ended the 27 of September, 1743. 

Publifhed by Order of the Senate of the State of New- York. 



11 




ALBANY: 

Weed, Parsons & Company, Printers 

1861. 



DOCUMENTS 
OEPT. 



HISTORICAL INTRODUCTION 



BY E. B. O CALLAGHAN 



A Representative form of government and an elective Assembly were 
not permanently established in New York until nearly a century after 
the discovery of the country by Hudson. Whilst it was a Dutch Colony 2f y w .lE h gg y 
the Dutch Roman Law was supreme, and all powers, executive, legis 
lative and judicial, were vested in, and exercised by, a Governor and 
Council. 

This arbitrary system had excited dissatisfaction as early as 1653, 1653 - 

J f 10 December. 

when a convention of Delegates, assembled in New Amsterdam, declared 
it to be " contrary to the first intentions and genuine principles of every E 
well regulated Government, that one or more men should arrogate to 
themselves the exclusive power to dispose, at will, of the life and pro 
perty of any individual, and this by virtue, or under pretence, of a law 
or order which he might fabricate, without the consent, knowledge or 
approbation of the whole body, their agents or representatives. Hence 
the enactment, in manner aforesaid, of new laws affecting the common 
alty, their lives and property, which is contrary to the granted privileges 
of the Netherland government, and odious to every free-born man, and 
principally so to those whom God has placed under a free state, in 
newly-settled lands, who are entitled to claim laws, not transcending, Demand for. 

/ Representative 

but resembling, as near as possible, those of Netherland. We humbly A88emb| y- 
submit that it is one of our privileges, that our consent, or that of our 

r O Callaghan Hiet. 

Representatives, is necessarily required in the enactment of such laws u.^u, ^5 therlan 
and orders." 

The feeling evinced here did not die away with the occasion, and ]6 64. 
when the English fleet made its appearance eleven years afterwards, one 
of the first steps taken by the Royal Commissioners was to issue a w Augu , u 
Proclamation promising the people protection, " and all other privileges 
with his Majesty s subjects." 

Among these privileges, none were so highly prized as that of Repre- AH the colonies 

except New York 

sentation. New England, Maryland and Virginia had been long in the a.fJJ2Uuu 
possession and exercise thereof. NEW YORK was, so to speak, surrounded 
by Colonies whose inhabitants had a voice in the making of their own 
laws, and it is not surprising that it, too, looked on an Assembly as 
among the first fruits of the change of rulers. 

The language of the proclamation fostered this hope, which was only 
encouraged by a letter addressed by Governor NICOLLS to Captain Young, 

J n&^oij^ 

, yyS .iN^ v ?J 

\ 



IV HISTORICAL INTRODUCTION. 



29th A f Long Island, two days after the surrender of New York, to be com 

municated to those who took up arms under his command, for their 
King and Country, and " so eminently expressed their affections ;" whom, 
upon all occasions and in the first place, he would be always ready to 

GOV. Nicoiis pro. gratify. In this letter he promised that " Deputys shall in convenient 

misea to summon & J J 

Deput les . time and place, be summoned to propose and give their advice in all 

matters tending to y e peace and benefitt of Long Island." 

i December. This promise was renewed some months afterwards, in a letter to 

Major John Howell and Capt. John Young. "They may assure them 
selves of equall (if not greater) freedomes & immunityes then any of 

I.;,? Eutries his Ma tics colonyes in New England." 

A circular was accordingly addressed to the Inhabitants of Long 
Island, in these words: 

Letter of Governor "WHEREAS the Inhabitants of Loner Island, have for a Long time sroan d 

Nicolls to the people 

or Long iiand. under many grieuious inconveniences, and discouragem", occasioned partly from 
their subjection, partly from their opposicon to a forraigne Power, in which 
distracted condicon, few, or no Lawes could bee putt in due execucon, Bounds and 
Titles to Lands disputed, Civill Libertyes interrupted, and from this Generall 
confusion, private dissentions and animosityes, have too much prevailed against 
Neighbourly Love, and Christian Charity ; To the p r venting of the future growth 
of the like Evills, his Ma ly (as a Signal! grace and honour to his Subjects upon 
Long Island), hath at his owne charge reduc t the forraigne Power to his obedience, 
and by Pattent hath invested his Royall Highnesse the Duke of Yorke, with full 
and absolute Power, in and over all and every the Particular Tracts of Land 
therein mentioned, which said Powers by Commission from his Royall Highnesse 
the Duke of Yorke, I am deputed to put in execution, In discharge therefore of my 
Trust and Duty, to settle good and knowne Lawes within this Government for the 
future, and receive your best advice and Informacon in a Generall meeting, I 
have thought fitt to Publish unto you, That upon the Last day of this p r sent 
ffebruary at Hempsteed upon Long Island, shall be held a Generall meeting, w ch 

Seeled 6 " to be * s ^ cons i s i f Deputyes chosen by the major part of the freemen onely, which is 
to bee understood, of all Persons- rated according to theire Estates, whether 
English, or Dutch, within your severall Townes and p cincts, whereof you are 
to make Publicacon to the Inhabitants, foure dayes before you proceed to an 
Election appointing a certaine day to that purpose ; You are further to impart 
to the Inhabitants from mee, That I do heartily recommend to them the choice 
of the most sober, able, and discreet Persons, without partiality or faction, the 
fruite & benefitt whereof will returne to themselves in a full and perfect 
settlement and composure of all controversyes, and the propogacon of true 
Religion amongst us, They are also required to bring with them, a draught of 
each Towne Limitts or such writings as are necessary to evidence the Bounds 
and Limitts, as well as the right by which they challenge such Bounds and 
Limitts by Grant or Purchase, or both, as also to give notice of this meeting, 
to the Sachems of the Indyans, whose p r sence may in some cases bee necessary, 
Lastly I do require you to Assemble your Inhabitants arid read this Letter to 
them, and then and there to nominate a day for the Election of two Deputyes 

Town romeach f rom y ure Towne, who are to bring a Certificate of their due Election, (with 
full powers to conclude any cause or matter relating to their severall Townes) 
to meet at Hempsteed upon the Last day of ffebruary, where (God willing) I 

Us. Gen Entric9 slla11 expect them. 

Your assured ffriend, 

RICHARD NICOLLS. 



HISTOKICAL INTRODUCTION. 



In accordance with this call, the undernamed Deputies met the 
Governor at Hempstead on the first of March, 1665 : 

( THOMAS BACKER 
From East Hampton, ............. J JOHN STRATTON 

( THOMAS TOPPING 
South Hampton, ................. J JOHN HowLL 

C DANIELL LANE 
Seatalcott ...................... j ROGER BARTON 

( JONAS WOOD 

.......... .......... JjOHNCETCHAM 

( JOHN UNDERBILL 
Ba 7 ..................... JMATHIAS HARVEY 

C JOHN HICKS 
Hempsteed, ...................... {ROBERT JACKSON 

C DANIEL DENTON 
Jaraaica ........................ I THOMAS BENEDICT 

( JAMES HCBBARD 

GraV6Send ...................... JJOHXBOWNE 

,,T ( EDWARD JESSOP 

West-Chester, .................... j JOHN QUINBY 

,, m $ RICHARD BETTS 

NewTowne, ..................... J JOHN COE 

,vj , . < ELIAS DOUGHTY 

fflusmn S ........................ I RICHARD CORNHILL 

( WILLIAM WELLS 

SoUthh ld ....................... JJOHNYOUNGE 

< FFREDRICK LuBBERTZEN 

Brookland - ....................... J JOHN EVERTSEN 

( JOHN STEALMAN 
Bush - wlck ...................... I GISBERT TUNIS 

( JOHN STRIKER 

ffla " B " sh ....................... IlEKDIUCK YOEiSSEN 



1 March. 



Names of the Depu 
ties. 



These delegates continued in session some two or three daj^s. We 
possess the record of only one day s proceedings, which consists of two 
orders in suits wherein the Town of Flushing was plaintiff and the 
Towns of Jamaica and Hempstead were severally defendants. An 
Address was voted to his Royal Highness the Duke of York filled with 
expressions of gratitude and loyalty, in which the Deputies publicly and 
unanimously declared their cheerful submission to all such laws, statutes 
and ordinances which are or shall be made by virtue of authority from 
his Royal Highness, his heirs and successors forever. 

The Code prepared for, and promulgated at, this Meeting, is known as 
" The Duke s Laws ;" a number of additions and amendments were 
made to it in October, 1665, by the court of assize, after which it was 
transmitted to England for confirmation. A copy, with the Duke of 
York s name affixed, is in the office of the Secretary of State at Albany. 
It is certified to agree with the original, " By command of his Royall 
Highnesse " M WREN 1 . These laws, amended from time to time, were 
in force as late as 1687, and so continued we presume until 1691. 

1 MATHEW WEES was appointed secretary of the Duke York in September 1667, and filled that office 
until his death in 1672. The date of the copy of the Duke s Laws in Albany, may therefore be easily 
approximated. It is evidently oi-e of the earliest editions. 



They vote an 
Address to the 
Duke of York. 



N. Y. Colonial 
Doc., III., 91. 

The Duke s Lawt. 



N. Y. Col. Doe., 
III., 104, 390. 



V1 



HISTORICAL INTHODUCTION. 



Legislature. 



The meeting at Hempstead, however otherwise important, could not be 
Suuunra * dignified with the title of a Legislative Assembly of the Province of New 
York. Deputies were chosen only from Long Island and Westchester ; 
none were elected to represent New York, Esopus or Albany. In fact, the 
people were allowed no share in legislation and there was no intimation 
that another meeting would be convened. A limited legislative power 
was thenceforth exercised by the Governor and Council, who with 
the Mayor of New York, the High Sheriff and Justices of the Peace, 
constituted The Court of Assizes. 
ted This body met annually in October and " all but the members of the 

. " 

court being dismisst, made by "majority of votes," at the close of 
the session such amendments and additions as they thought proper to the 
Duke s Laws ; but in regard to the Revenue arising from Imports and 
Exports, or " customs " as it was called, the Court could not make any 
alteration ; its powers were only recommendatory. The instructions and 
directions of his Royal Highness were the supreme law and, whenever 
pp fr m time to time received, "the General Court of Assizes was thought 
the most proper place for y publishing of businesse of such publique 
concernes." Like the Hempstead meeting, it was virtually a lit de justice, 
to register the edicts of the Duke of York and his council in England, 
or of his Governor and Council here. This Court continued in existence 
until the 1st November, 1684, when it ceased and determined pursuant 
to an Act of the Assembly. 

It is not surprising that the people were dissatisfied and disappointed 
with such a system ; or that, dissatisfied, they in time expressed their 
nt. discontents. 

John Underbill, an old Cromwellian, who had already in 1653 hoisted 
the Parliament s colors on Long Island, and protested against imposing 
" of magistrates on freemen without election and voting," was among the 
first to " represent the distempers of the people against the present forme 
. of Government by which they are inslaved under an Arbitrary Power," 
and hinted that there were some who would " hazard both life and estate 
in a mutiny and rebellion rather than beare the burden of the public 
charge." John Young, too, who had contributed so efficiently to the 

f. wieo? KDtr1 " success of the English arms, was known to be disaffected; but Governor 
Nicolls succeeded by a prudent distribution of the favors of government, 
to quiet some and gain over others, leaving to his successor to continue 
the system as best he could. 

ior n a e n W A a6 e e r?wy. His departure seems to have been the signal for the revival of the 
agitation. Petitions from the Towns of Hempstead, Oysterbay, Flush 
ing, Jamaica, Westchester, Eastchester, Newtown and Gravesend were 
presented to the Court of Assizes, praying for a redress of several 
grievances, the first and principal of which is thus set forth : 



public diwo 



1669. 



" That what was promised upon our submission by Groverno r Nicolls & y e 
rest of his Ma ties commissioners should be made good to us (viz 1 ) That we should 
be protected by his Ma ties Lawes & enjoy all such priviledges as other his Ma lie 
subjects in America do injoye, w ch priviledges consist in advising about & 
approving of all such Lawes w b y e Governo r & his Councell as may be for y e 
Good & benefitt of y e comon wealth, not repugnant to y e Laws of England, by 
such deputyes as shall be yearely chosen by y e freehold" of every Tovvne or 



HISTORICAL INTRODUCTION. VH 

parish, & likewise to be informed what is required of us his Ma lie! subjects by 1669. 
vertue of y e comission granted from his R II s * y e Duke of Yorke." 

The prayer of this Petition was rejected with cool effrontery, and the 
implied, if not formal, promise given by Governor Nicolls and His 
Majesty s Commissioners, boldly ignored. 

" In answer to y e 1" head wherein they desire to have Deputyes to be Joyned 
w th y e Governour & Councell in making of y e Lawes of y e Government as is 
Customarye in y e Neighbour Colonyes, & as Co" Nicolls did promise them ; 

It doth not appeare that Co 1 Nicolls made any such promise & y e Governo" Petition rejected, 
instructions directing him to make no alterations in y e Lawes of y e Governm 1 
settled before his arivall, they cannot expect his Hono r can comply w th them 
therein, & for their desire to know what is required of them, There is nothing 
required of them but obedience and submission to y e Lawes of y e Governm as 
appeares by his R H 88 Comission w ch hath often beene read unto them." pp. a 228 f 2? ze 

This did not satisfy the people who embraced an early opportunity to contributions 

J J required by GOT- 

manifest their temper. The palisadoes surrounding the fort at New erument - 
York being fallen to decay, an order was issued to the several Justices at 
their next court of sessions to conclude on ways and means to repair 
them. 

But the English settlers on Long Island brought with them the doc- The p eop ie r 

. ., to contribute 

trine that Taxation and Representation were inseparable and that 
Taxes could be lawfully imposed on the people only by their 
freely chosen Representatives. Accordingly the Towns of Southold, 
Southampton and Easthampton agreed to contribute to the repairs of the 
fort, "if they might have the privileges that other his Majesty s subjects 
in these parts [meaning those of New England] have and do enjoy." 

Huntington refused compliance " because they were deprived of the ^r^ 
libertys of Englishmen." The people of Jamaica considered themselves E 
already and sufficiently burdened by the enhanced price which they paid 
for their goods, in consequence of the duties the governor imposed on 
them, in addition to a penny in the pound which they paid towards the 
public charges, and declared that a compliance with the order would be 
contrary to the King s Instructions, which forbid any law to be enforced 
on the country that was contrary to the laws of the Nation ; meaning 
that no law for taking their money out of their pockets without the con 
sent of their Representatives, was consistent with the British constitution ; 
that on the same principle, they might be required to maintain the 
garrison, and what else they knew not, till there be no end ; but (they 
concluded) "if it may appear to us that it is the King s absolute order to 
impose the said burden and disprivilege us, contrary to his former good 
intentions and instructions, and contrary to the liberties his Majesty s 
subjects enjoy in his territories and dominions, we shall with patience, 
rest under the said burdens until address be made to the King for relief." 

Flushing and Hempstead doubtless concurred in these sentiments, for ]6 ro 
the constables of these towns laid the declarations before the court of 
sessions at Jamaica, and in the week following, before the sessions held 2 i December, 
at Gravesend, when the court concluded and adjudged, as their senti 
ments and opinions, " that the said Papers are in themselves false, 



Vlll HISTORICAL INTRODUCTION. 

16ro - scandalous, illegal and seditious, tending only to disaffect all y e peaceable 
u,eopi r c a we 80 and well meaning subjects of his majesty in theise his R. H" his Terri 
tories & dominions," and referred them to the Governor and his Council 
" to proceed there upon as they conceive shall best tend to y e suppression 
of such mischief as may arise by y e impression of false suggestions & 
jealousyes in y 6 myndes of peaceable and well meaning subjects from 
their just dutyes and obedience to y e Laws within theise his R. H 88 his 
Territoryes & Dominions." 

29 December. The Governor and Council, having taken this reference into their 

consideration, adjudged the said papers " to be both scandalous illegall 

ana ordered to be and seditious, and that they be openly and publiquely burned before y e 

publicly burned J i. J J J 

Towne howse of this citty at y next mayors court, and that y e principal 
contriver thereof be inquired into and proceeded against according to 
conn of Assize, their demeritts and y e Lawes of y" Land Establisht." 

650, 651. 

lera. War between England and Holland having broken out, the country 

New YorV returned into the hands of the Dutch and was governed absolutely 
November. by them. It was not restored to the English until 1674. Major 
g s o? re EDMUND ANDROS the new governor was instructed to put in execution 
the laws already established by Cols. Nicolls and Lovelace, and not 
to vary from them except by advice of the Council and the gravest 
and most experienced persons there ; if any alteration were made, it was 
to be only temporary, and, if not confirmed by the Duke of York within 
a year, was to be utterly void at the end of that time. 

These instructions earned within them what ultimately proved to 
be the destruction of the whole system of absolute government now 
reestablished. Though an Instruction, it was to all purposes a Law 
rmade enac ted by the mere motion of his Royal Highness. It was entitled, 
"Rates established for the customs at New York ;" and was to continue 
in force three years. At the end of that time these duties were con- 
Expires, tinued for three years longer by the same authority, but expired by their 
N.Y. coi. Doe. own limitation in the month of November, 1680. 

III., 217, 246. 

Refusal to pay any more duties was the consequence. " I have one 
i68i. thing of great moment to acquaint you with," writes Anthony Brock- 
May wth. holls, then in charge of the government, to Sir John Werden, "which is 
the Losse or att least wise a p r sent cessation from payment of his Royall 
Highnesse Customs Established here, the time to w ch they were limitted 
to be Received being expired in Novemb r last, it being menconed in the 
Regrdacon of the Customs that is to hold good for three yeares from 

The merchants of > 

to e p^7duue r s e , fU8 November 1677, which being publiquely knowne to the merchants they 
all refuse to pay any Customes or Dutyes and Capt Dyre, the Collector, 
being now very ill, a Pinke from London hath Vnloaded her Goods and 

and unload their carryed them to their warehouses without takeing- any notice of the 

goods without J 

ntr y- Custome house or officers, absolutely Refuseing to pay any Customs, 

orders, warrants, A general confusion in the government followed. " The Councell 

&o., XXIIX.44,45. i i -I l 

met and advised thereupon but find noe power or authority to continue 
the same longer, without orders from Home." 

The legality of the customs having been thus denied, suits were 
The collector of the instituted ag-ainst the collector of the port for detaining g-oods on which 

port is suod ; . 

duties had not been paid. Judgment having been rendered against him, 



HISTORICAL INTRODUCTION. 



IX 



1681. 



endered 



a Bill of indictment was found charging him with having " as a false jud?m "^ 
Traytour," " trayterously maliciously and advisedly used and exercised a( 
Regall power and authority over the Kings subjects," by virtue of u indicted a. . 
which he " hath many times since the first of November last, establisht 
and imposed unlawfull customs and impositions on the goods and 
merchandize of his Maj lks Liege People tradeing in this place, by force 
compelling them to pay the same and hath employed and made use of 
souldiers to maintaine and defend him in these his unjust and unlawfull 
practices contrary to the great Charter of Libertyes, contrary to the 
Peticon of Right, and contrary to other Statutes in these cases made 
and provided and contrary to the honour and peace of our most 
Soveraigne Lord the King that now is, his Crowne & Dignity." 

Mr. Dyre was forthwith arraigned before the Court of Assizes on a 
charge of High Treason, but questioning the power and authority of r f ^e a a, rge 
the court, he was shipped to England, with copies of the proceedings i Jiy. 
against him, to be disposed of as the authorites there may deem fit. E^llSr 1 to 
This spirited measure had the effect of laying in ruins that system of 
despotism which had so long affected the people of New York ; for the 
government as established, continues Captain Brockholls, " is much 
disliked bv the*People who generally cry out for an ASSEMBLY, and to Renewed clamor for 

J J J ail Assembly, 

that end a Petition was ordered to be drawn up and sent to his Royal 
Highnesse from and in the name of the Court of Assizes, which I judge 
is accordingly done." 

The Council of the Duke of York now for the first time entertained a 1682 - 
doubt as to his power lawfully to impose customs ; Sir John "Werden 
" hinted " to Captain Brockholls that " his Royal Highness will 
condescend to y" desires of that colony in granting y m equall priviledges 
in choosing an assembly & c as y e other English plantations have ;" and 
the Duke of York himself announced in an autograph letter his 
intention " to establish such a forme of government at New Yorke as w March, 
shall have all y advantages & priviledges of y" inhabitants & traders 
there, w cb His Mat 9 other plantacons in America doe enjoy, particularly An A,embi y 

conceded. 

in the chooseing of an ASSEMBLY and in all other things as neere as may 
be agreeable to the laws of England." 

Colonel THOMAS DONGAN was charged with the duty of carrying into ni . 317 - 
effect his Royal Highness intentions, for which purpose he received the i SS3 , 
following Instructions : 27 January. 

You are also w th advice of my Councill \v lh all convenient speed after yo r instructions to the 

n i . -I-IT . , , r n ..11 Governor to call an 

arrival! there, in my name to issue out Writts or warr 18 of Bunions to y e sev r all Assembly in New 
Sheriffes or other proper Offic rs in every pail of y r said governem 1 wherein you 
shall expresse that I have thought fitt that there shall be a Gen" Assembly of all 
the Freeholders, by the p r sons who they shall choose to rep r sent y ra in ord r to 
consulting w tb yo self e and the said Councill what laws are fitt and necessary 
to be made and established for the good weale and governem of the said Colony 
and its Dependencyes, and of all the inhabitants thereof, & you shall issue out 
the said Writt or Sumous at least thirty dayes before the time appointed for y e 
meeting of the said Assembly, w ch time and alsoe the place of their meeting 
(w cb I intend shalbe in New Yorke) shall alsoe be menconed & expressed in the 
said Writt or Sumons, and you w th advice of my said Councill are to take care to 
issue out soe many writts or sumons and to such officers, iu .every part, not 
B 



X HISTORICAL INTKODUCTION. 

1683. exceeding eighteene, soe y 1 the planters or inhabitants of every part of y e s d 
governem 1 may have convenient notice thereof and attend at such ellection, if 
they shall thirike fitt. And w n the said Assembly soe elected shalbe mett at y e 
time and place directed, you shall lett y m know that for the future it is my 
resolucon that y said Gen" Assembly shall have free liberty to consult and debate 
among^tlipmselves all matt" as shall be apprehended proper to be established for 
laws for the good governem 1 of the said Colony of New Yorke and its Dependen- 
cyes, and y if such laws shalbe propounded as shall appeare to mee to be for the 
manifest good of the Country in generall and not p r judiciall to me I will assent 
unto and confirme y m . 

Tine of th In the passing and enacting of all such laws as shalbe agreed unto by the said 

Assembly, w cb I will have called by the name of the Generall Assembly of my 
Colony of New Yorke and its Dependencyes, wherein the same shalbe (as I doe 
hereby ordaiue they shalbe) p sented to you for yo r assent thereunto. You 
are to consider whether y e same be for the gen" good and not prejudiciall 
to me ; and if you find them soe to be, then you are to give yo r assent thereunto. 
SVV^Sg I .tiT B t on But ^ y ou shall judge them inconvenient or p judiciall, you are to refuse yo r 
" Bllll- assent thereunto, and in all cases you are to have a negative voice to refuse all 

Laws y are presented to you ; and w" you shall have given yo r consent to such 
laws as shalbe soe agreed, you shall by the first opportunity transmitt the same 
to me und r y e hands of yo r selfe and Councill, and und r the scale of the Colony 
(w cb you are to use in passing of grants) to y end that I may ratifyc and confirme 
The Duke of Tort y" same if I shall approve, or reject y m if I doe not thinke them reasonable. But 
iliV. e * the said laws soe assented unto by you, shalbe good and binding untill such time 

as I shall cause my dislike of & refusall to passe y m to be signified unto you, 
and from thenceforth y e same shall cease and be null and voyd to all intents. 
And I doe alsoe give you power from time to time to cause y e said Gen" Assembly 
to be sumoned w ch I also authorize you to adjourne or dissolve as you shall see 
reason and cause. And I doe further direct you not to passe any law upon any 
occasion whatsoever for rayseing any publique revenue, unlesse expresse mencon 
be made therein y the same is levyed and granted unto me, or unto me for y e support 
of y e Governrnen or to such uses as the said law shall appoint. And you are as 
much as in you lyeth to take effectuall care y 1 there may be a constant Establish 
ment for raiseing of money sufficient to support and < maintaine y e charge of the 
governem of those parts both Civill & Military ; and alsoe that there may be 
money raised for paying and dischargeing the arreares now due to y e Officers & 
soldiers and other expenses of the governm . And are riot to suffer any publique 
money w soever to be issued or disposed of otherwise then by a warr under your 
hand. 

And it is my expresse will and pleasure y all laws w soever for the good 
governem and support of my said Colony of New Yorke with its Dependencyes 
be made indefinite and without limitacon of time, except the same be for a 
temporary end, & w cb shall expire and have its full effect w lb in a certaiue time. 
And you are not to passe any laws or doe any act by Graunt, Settlement or 
otherwise whereby my revenue may be remitted, lessened or impaired, w tb out 
uiTs3i, s32 > . oc " m y especiall leave or commands therein. 

With these Instructions Colonel Dongan brought a letter of intro 
duction, of which the following is a copy, from the Duke of York 

To the Generall Assembly at New Yorke. 

2 March, 

Gentlemen, 
"esl t"o"th^ yal ^ ^ ave thought n tt to send Coll Dongan to be my Lieutenant Govern r of New 



of New 



Yorke and its Dependencyes, and haue directed him to call you together as a 



HISTORICAL INTRODUCTION. 

Generall Assembly, that you may consult and propose all such matters as shall be i83. 
for the Publique Good ; and I desire you to giue entire credence to what he shall 
say to you in my behalfe, who Am 

London 2 d March 1G8| Your louing freind N T . Col . MSS 

JAMES. XXXI -. ! 

Governor Dongan arrived in New York in the latter part of August 
1683, and at a meeting of the Council held at Fort James on the 13 th 
September following, it was 

Ordered, that warrants be sent to the Sheriff of Long Island to warne the ^SSSSSte 
(Freeholders to name two deputies for each Rideing to appeare as their 
Representatives at the Generall Assembly to be held at the City of New Fork 
on the 17 th day of October 1G83. 

Ordered, that the freeholders of every Town on Long Island chuse a Committee For Lon lB and ; 
of foure to meet at the Sessions howse of every Riding, there to chvse two to be 
their Representatives ; and appear for them at the Generall Assembly 

Ordered, that Statten Island nominate one Representative Staten I " Un 3 ; 

Ordered, that the Sheriff of Long Island summon the ffreeholders of ffishers 
Island to name one to vote along with the East Rideing of Long Island, & 
Silvesters & Gardiners Island to vote with the East end of Long Island. 

Ordered, that the Sheriff of Esopus warn the ffreeholders to chvse foure of E " opusi 
themselues in each Tow T n, as a Committee for themselues, & those foure out 
of each Town to meet at the Sessions howse, then to chose two to be 
Representatives for Esopus at a Generall Assembly to be held at New York the 
17 th day of October next ensueing 

Ordered, that the Sheriff of Albany & Rancelaers Colony cavse the ffreeholders 
to meet & chvse two persons to be their Representatives in the Generall 
Assembly to be holden at the City of New York on the 17 th day of Octob r 1683. 

Ordered, that the saide Sheriff appoint the ffreeholders of Schanectade & 
dependences thereto belonging to chvse one to be their Representative in the 
Generall Assembly to be held at New York Octob r y e 17 th 16S3 

Ordered, that John Allen be made Sheriff of Pemaquid & Dependences, or 
Islands & whatever is thereto belonging, & then to appoint the ffreeholders of 
Pemaquid & Dependences to meet & chvse one Representative 

Ordered, that Matthew Mayhew be Sheriff of Martins Vineyard, Nantuckett Sioiling 3 4 
Elizabeth Island & all other Islands from the Eastward of Long Island to Ia ld8 
Nantuckett Shoales, belonging to his R" High" James Duke of York &c., & that 
he appoint the ffreeholders of the said places to meet & chuse one out of each 
Island to meet in the most convenient place to chvse one Representative for 
themselves in the Generall Assembly to be holden at the City of New York 
Octob r y e 17 lh 1683. 

Ordered, that a Writt be sent to the Sheriff of New York to summon the 15 September. 

and New York. 

ffreeholders of the City of New York, the Bowries or farmes, & Haerlem to 
chvse four Representatives for the City of New York &c 

Representatives thus elected met, for the first time, in General ^,^"1^ of the 
Assembly, on the Seventeenth of October in the year 1683, at Fort James Yo K rk! aU 
in the City of New York. 

The Journals of both houses being lost, we are unfortunately unable 
to supply the names of the members of the Assembly. The Legislative 
Council was composed of 

The GOVERNOR, STEPHEN VAN COURTLAND, a r of ?he 

ANTHONY BROCKHOLLS, LUCAS SANTEN, 

FREDERICK FLYPSEN, JOHN YOUNGS. 



X HISTORICAL INTRODUCTION. 

less. MATHIAS NICOLLS was elected Speaker, and John Spragge (though a 

member of the Council) was appointed Clerk, of the Assembly. 

Aotu pawed. Fifteen acts were passed, at this Session, of which the following are the 

titles, with the dates on which they were signed by the Governor. 

TITLES of ACTS passed at the First Session of the First Assembly of the 
Colony of New York : 

October 30, 1863. 
Vetoed by James THE CHARTER of Libertyes and priviledgcs granted by his Royall Hignesse to the 

II, 3d March, 1685. . , . , , 

inhabitants of New Yorke and its dependencyes ; and 

A CONTINUED Bnx for the requisite charges of the Government. 

October 31, 1083. 
AN ACT for the allowance to Representatives. 

November 1, 1683. 

AN ACT to divide this province and Dependencyes into Shires and Countyes. 

AN ACT for naturalizeing all those of forreigne Nations at p sent iuhabiteing within 
this province and professing Christianity and for Encouragem of others to come and 
settle within the same. 

AN ACT for repealing the former Lawes about Rates and Allowance to the Justices of 
the peace. 

AN ACT to settle Courts of Justice. 

AN ACT to prevent willfull perjury. 

AN ACT for the defraying of the publick and necessary charge of each respective Citty, 
Towne and County throughout this province and for maintaining the Poor and preventing 
vagabonds. 

AN ACT for rewarding of those who destroy Wolves. 

AN ACT to prevent damages done by Swine. 

November 2, 1683. 

Ax ACT for the due Regulacon and proceedings on ExecucOn, retumes of writts and 
Confirmeing the ffees usually taken by officers &c 
AN ACT of Settlement. 
AN ACT for a free and voluntary present to the Governour. 

November 3, 1683. 
AN ACT to prevent frauds in conveyanceing of Lands. 

After a session of nearly three weeks, the Legislature adjourned, having 

Triennial Aseem- n i i 

wen enacted. enacted, among other things 

THAT according to the vsage, Custome and Practice of the Realme of England, a 
Sessions of a General Assembly be held in this Province once in three Years att least. 

The Second meeting of the Legislature commenced in October, 1684. 
October. Mr. NICOLLS was continued Speaker; Mr. Robert Hammond was 

Legislature. appointed Clerk, of the Assembly. The Governor assented to thirty- 
one Acts, of which the following are the Titles, with the date of the 
Governor s assent. 

Acts pawea TITLES OF ACTS passed at the Second Session of the First Assembly of the 
Colony of New York : 

October 21, 1684. 

A BILL for Explaining Severall clauses in the Act for Establishing Courts of Justice 
within this province. 



HISTORICAL INTRODUCTION. 

October 22, 1084. 

First Assembly, 
-i . T Second Session. 

A BILL to regulate proceedings in haw. 

A Jin. i. declaiming of what age Lands may be passed and Guardians chosen. 

A BILL against coinon Barratry, Champerty and Maintenance. 

A BILL concerning Chirurgeons and Midwives. 

A BILL concerning the choice of Constables. 

October 23, 1684. 

A BILL to prevent Deceipt and ftbrgerye. 

A BILL against fugitive servants and the Enterteiners of them. 

A BILL concerning purchaseing of Lands from the Indians. 

A BILL concerning Marriages, 

A BILL concerning Cattle Corne ffeilds and flences. 

A BILL concerning burialls. 

A BILL concerning Assignments of Specialties. 

A BILL concerning Brewers. 

October 24, 1684. 

A BILL concerning Orphans. 

Ax Act for quieting mens Estates and the limitacon of certaiue aecous for avoiding of 
Suits in Law. 

A BILL to prevent the absence of Justices of the peace from their courts. 
A BILL concerning Masters, Servants, Slaves, Labourers and Apprentices. 
A BILL concerning Arrests. 
A BILL for the settlement of the Militia. 

October 27, 1684. 

Ax Act to p vent arrests of Judgm" and Superseeding Execucons. 

A BILL for Exeeuteing the Judgments of the former Courts of Assizes and Sessions. 

A BILL for Cording of ffirewood. 

A BILL for the more speedy and better collecting the Governours flee and Voluntary 

present. 

Ax Act for the Encouragement of trade and navigation within this province. 

October 28, 1684. 

A BILL to prevent damages done by casting Ballast into Rivers. 
A BILL for an Annuall Sallary to the Judges of this province. 

October 29, 1684. 

A BILL for altering the time of the Court of Sessions in y e County of West Chester 

A BILL concerning former Mortgages. 

Ax Explanation of the continued Bill for defraying the Requisite Charge, of the 
Govern ni . 

Ax Act for the confirmeing all Judgements and proceedings in the former Courts, 
takeing away the Generall Court of Assize. 

Vacancies having occurred in the Assembly before the meeting of the ios.5 
Legislature again, writs were issued for the election of Representatives ; 
one for the city of New York, one for Staten Island, one for Kings 
County and one for West Chester. But news of the King s death was 
in the meantime received and the question was raised, Whether the 
Assembly was not dissolved in consequence of the demise of the Crown. 
To prevent the inconveniences that might hereafter follow that dispute, 
it was the opinion of the Council that it was expedient to dissolve the Assembly dissoirea 
present Assembly by Proclamation, and that immediately writts be 
issued out for a New Assembly to meet on the first Monday in October. 

The following Proclamation was issued accordingly : 



XIV 



HISTORICAL INTRODUCTION. 



10S5. 



13 August. 

Proclamation 
dissolving the 
Assembly. 



N. Y. Col. MSS., 
XXXIII, 152. 



17 August. 



Writ for a nen 
lection. 



Names of the 
members of the 
Council. 



By the GOVERNOR 

WHEREAS for the Generall good of this Province I called the Generall 
Assembly thereof to meet on the 17 th day of October in the 35 lb yeare of King 
Charles the Second of ever Blessed memory, and from thence by severall 
adjournments thereof continued untill the 29 th day of September now next 
ensueing, for severall Important reasons, me thereunto moveing, I have thought 
fitt by & with the advice and consent of the Council to Dcssoluc the said Generall 
Assembly Whereof I have thought good to giue notice to all the members 
thereof and to all others whom it may concerne, that they need not give their 
attendance at the time appointed according to the adjournment aforesaid. 

Gven under my hand at Fort James this 13 th day of Augt. 1685, 
and in the first yeare of his Majestys Reigne 

TIIO DONGAN. 
To the Sherriff of the County of 
Cornwall or other magistrates 
& Officers to be fortwith Published 
the same to be sent to y e severall 
Sheriffs of this Govern 1 

The following is the form of the Writ of Election addressed to the 
respective Sheriffs : 

JAMES the Second by the Grace of God King of England, Scotland, France & 
Ireland Defender of the faith &c Supreme Lord arid Proprietor of the 
Colony and Province of New YorJce and its dependencys in America 

To Mathcw Mayhew Esq r Sheriff of DuJces County Greeting. 

Wee Require Comand and strictly Enjoyne you that forthwith you cause all 
the Freeholders of your County to meett together in some convenient Place then 
to clause one person to be theire Representatiue for Dukes County in a Generall 
Assembly to be holden at the Citty of New Yorke on the twentieth day of October 
next ensueing the date hereof in order to consult with our Gouernor and Council 
of New Yorke and its dependencyes what Lawes are fitt and necessary to be made 
and established for the good weale and Gouernment of the said Colony ; and 
you are in 5 weekes after the Election to haue the name of the Person so 
Elected Returned into the Secretaryes Office 

In testamony whereof I haue caused the seale of the Province to 
be hereunto afixed this 17 th day of Aug st 1685 

Test THO DONGAN. 

Passed the office 

John Spraggc, Secry 

Writs were addressed at the same time to the sheriffs of New York, 
Kings County, Queens County and Suffolk ; and on the second of 
September to the Counties of Albany and Ulster. 

The Council now consisted of 

The GOVERNOR, 
ANTHONY BROCKHOLLS, 
FREDERICK FLYPSEN, 
STEPHEN VAN CORTLAND, 
JOHN SPRAGG, 
JOHN YOUNGS, 
Judge PALMER, 
GERVASE BAXTER. 



HISTORICAL INTRODUCTION. XV 

The Assembly elected WILLIAM PINHORNE of New York Speaker, and less. 

. ri-ii Second Assembly, 

Robert Hammond continued Clerk. Only six acts, ot which the Fit sewion. 
following are the Titles, were assented to at this, the only, Session of the 
New York Assembly during the Reign of James the Second. 

TITLES of ACTS passed at the First Session of the Second Assembly of the 
Colony of New York : 

November 3, 1685. 

A BILL against Sabbath Breaking Act8 P a8Bed - 

A BILL against Swearing and Curseing 

A BILL against Drunkness 

A BILL for regulating the proceedings of monthly courts throughout the province 

A BILL for the removal of the Courts of Sessions from Gravesend to Flatbush 

A BILL concerning Swine 

TITLES OF BILLS which passed the Assembly, but did not receive the assent of the Bins which failed. 

Governor. 

A BILL for regulating the Court of Commissaries at Albany. 27 October. 

Ax ACT for the better asserting collecting and levying his Majesties Quit Rents within 2 November, 
this province. 

A BILL for the Encouragement of the Shopekeepers and Retailers of Merchandizes 8 November, 
within this province. 

TITLE OF A BILL which passed the Council, was signed by the GOVERNOR, but failed 

in the Assembly. 

A BILL for making one positive evidence sufficient in the case of his Majesties 29 October. 
Revenue. 1 

At the close of this Session, the Legislature adjourned to the 25 th 
September, 1686, but before the day of meeting arrived, it was further 
prorogued by the following Proclamation : 

By the GOVERNOR in Council. 

WHEREAS the Generall Assembly of this Province hath been adjourned untill Assembly pro- 
fiue and twentyeth day Sember next, for weighty and Important Reasons mee " 
thereunto moueing haue thought fitt by and with the advice and councent of the 
Councill to Prorogue the s d Generall Assembly untill the fiue and twentyeth day 
of March next ensueing the date hereof Whereof I thought good to giue notice to 
all the members thereof and to all others whom it may concerne that they need 
not giue theire attendance at the time appointed according to the adjournment 
aforesaid 

Giuen under my hand at fortt James in New Yorke the 4 th day of 
September 1686 and in the second yeare of his Majestyes Reigne 

THO. DONGAN 

Passed the Office J Spragge Seer 

To the Sherriff of the County of Ditto sent to Albany 

or other magistrates Ditto sent to Esopvs 

and officers to be forthwith Ditto sent to Kings County 

Published Ditto sent to Q,ueens County 

Ditto sent to Richmond 

1 These Acts and Bills are on file in the office of the Secretary of State, Albany. 



XVI 



HISTORICAL INTRODUCTION. 



Duke of York 
opposed to an elec 
tive Assembly. 



1675. 

6 April. 



icre. 

28 January. 



N. Y. Col. Doc., 
HI, 230, 35. 



repy s Diary. 

Why an Assembly 
was conceded, 



and on what 
condition. 



16S6. 

10 June. 

Assembly 
abolished. 
Provisions of the 
New Constitution. 



N Y. Col. Doc., 
Ill, 370, 378. 



The Duke of York never willingly consented to the concession of a 
Representative Assembly. A witness of some of the sufferings of his 
father and a sharer in the exile of his brother, which he might have laid 
in some degree at the door of the House of Commons, he shrunk from, 
allowing the introduction of a like institution into his Province. 

Writing to Governor Andros "touching Generall Assemblys which y e 
People there seeme desirous of in imitacon of their neighbour colonies 
(he says) I think you have done well to discourage any mocon of y kind, 
both as being not at all comprehended in yo instructions nor indeed 
consistent w 1 y 1 forme of governmen 1 already established, nor necessary 
for y c ease or redresse of any grievance y 1 may happen, since y ! may be 
easily obtained by any peticon or other addresse to you at their 
Generall Assizes (w eh is once a yeare) where the same persons (as 
Justices) are usually present, who in all probability would be their 
Representatives if another constitucon were allowed." 

" Such assemblyes I cannot but suspect would be of dangerous conse 
quence, nothing being more knowne then the aptness of such bodyes to 
assume to themselves many priviledges w lh prove destructive to, or very 
often disturbe, the peace of y" governing wherein they are allowed. 
Neither do I see any use of them &c " 

But when the Supplies were stopped ; when no revenue was paid in 
New York, and the prospect was that the Province would be a charge on 
his private purse, it became necessary to " feign a virtue though he had it 
not." " The Duchesse, (writes a cotemporay,) do now come like Queene 
Elizabeth and sits with the Duke of York s Council, and sees what 
they do ; and she crosses out this man s wages and prices, as she 
sees fit, for saving money; but yet, she reserves 5,000 a year for her 
own spending; and my Lady Peterborough, by and by, tells me that 
the Duchesse do lay up, mightily, Jewells." 

Now 5000 a year, her Grace s pin money, happened to be about the 
amount received from the New York Customs. With such a drain 
already existing, the danger of a further encroachment on his English 
resources may well explain his willingness at length to concede an 
Assembly to the Province, especially when coupled with the condition that 
" New York and its dependencyes shall provide some certaine fonds for 
y e necessary support of y government and garrison and for discharging 
y c arreares which are or shall be incurred since y obstruccons which 
have lately beene to the collection of y publique revenue there." But 
when by the death of Charles II, the property of the Province devolved 
wholly upon the Crown, such personal considerations no longer were a 
bar to his return to his first principle. Accordingly, the year after he 
came to the throne by the title of James II, he abolished the Assembly, 
and by a new commission gave the Governor " full power and authority, 
with the advice and consent of the council, or major part of them, to 
make, constitute and ordain Laws, Statutes and ordinances for the 
Publick peace, welfare and good government of the Province and of 
the people and inhabitants thereof;" such laws to be transmitted to 
England within three months after their enactment for the Royal 
approbation, and to be null and void if " at any time disallowed and not 
approved." 



HISTORICAL INTRODUCTION. XVU 

This commission was received in New York on the 14th of September, isr. 
1686, and in the beginning of the following year, a Proclamation was 
issued dissolving the Assembly. 

By the GOVERNOUR in Council. 

WHEREAS the General Assembly of this province hath been prorogued untill Assembly diwoived. 
the five & tvventyth day of March next, for weighty and important reasons 
me thereunto moving I have thought by and with the advice and consent of the 
Council to DISSOLVE the s d Generall Assembly & it is hereby DISSOLVED, whereof 
I thought good to give notice to all the members thereof & to all others 
whom it may concerne that they need not give their attendance att the time 
appointed according to the prorogacon aforesaid 

Given under my hand and the Seale of the said province att ffortt 
James in New Yorke the 20 th day of January 1686. And in 
the second yeare of his Majties Reigne. 
By his Excyes Comand THO DONGAN. 

J S. Swinton 

This to be forthwith published by the 
Sherriff of y e Citty & County of Albany 

(Endorsed) 

This Proclamation was published in the Citty of Albany y e 3 : ffeb r and at 
Skenectodey the 4 h ditto 16Sf 

By Me RICH PRETTY Sheriffe. 

The population of the province of New York at this period may 
have amounted to 18 or 20,000 souls. The Council in whom the pn55nM<rf New" 

York. 

legislative power was vested, numbered five persons. counofu fth * 

The following are all the Legislative proceedings of the Governor and 
Council that I find recorded : 



Att a Council! held att ffort James December the ninth 1686 

Journal of the 

Legislative Council. 

PRESENT. His EXCELLY Major BROCKHOLLS 

M FFLYPSEN M r COURTLANDT 

M r SPRAGG Major BAXTER 

His Excellys Instrucons being read and considered it is 

Ordered., that all the branches of the revenue & all other laws that have been 
made since the yeare 1683 except such as his Ma tio has repealed remaine & con- continued, 
tinue as they now are till further consideracon 

Judge Palmer & the Attourny Gen 11 are of the opinion that his Excellys com 
mission is sufficient for him & the Councill to make the Law against pirates & 
privateers, 

Ordered, that the Atto r ney Gen" prepare such An Act according to the Presi- BUI aeain.t P irtei 
dent sent from England and bring the same in to bee passed against Thursday next 

At a Council held the 14 * ffebnj 1686 

PRESENT His EXCELLENCY, Major BROCKHOLLS 

Major FFLYPSEN Major CORTLANDT 

M r SPRAGGE Maj r BAXTER 

Ordered Mr Graham draw up a Bill for the continuance of the Revenue, 
wherein provision may bee made that one witnesse bee sufficient proofe 

1 It will be observed that this is a similar Bill to that rejected by the Assembly in 1685. See p. xv 

c 



XV111 HISTORICAL INTRODUCTION. 

168T. 

At a Council held y e 22 th ffebry 1686 

PRESENT His EXCELLENCY &c 

Appropriation wii Bill for y e defrayeing y e necessary charge of the Government, read the first 
tyme, and some amendments ordered to bee made therein, and y e same to bee 
passed by Judge Palm r 

Bill against Privateers read y e 2 d tyme 

At a Council held 23 d j?eb ry 1686 

PRESENT His EXCELLENCY &c 
Revenue act read Act about the Revenue read the second tyme. 

2d time. 

Att a Councill hed y e 24 A ffebry 1686 

PRET. His EXCY &c 

Revenue act passed. Act about the Rcvennue read the third tyme passed 
Privateers act Act about privateers passed 

Att a Councill y e 10 A March 1686 

PRNT. His EXCYE Maj r BROCKHOLLS 

Maj r FFLIPSEN Maj r COURTLAND 

Judge PALM NICIIAS BAYARD 

ree BUI ordered to Ordered, Judge Palm r , M r Bayard, Maj r Cortlandt, M r Graham & Captn Nicholls 
prepare a Bill for the settleing the fees of all the Courts & officers within this 
Gov< 

Att a Councill 16 A March 1686 

PNT. His EXCY 

Maj r FFLIPSEN Maj r BROCKHOLLS 

Judge PALM Maj r CORTLANDT 

BUI to prevent Bill read to prevent frauds 

frauds read 1st time. * 

At a Councill held March 17"" 1686 
p M ,.i Bill to prevent frauds read. Passed 

Att a Councill March 31" 16X7 

PRESENT His EXCELLENCY Major BROCKHOLLS 

Major FLIPSEN Major COURTLANDT 

Coll BAYARD Judge PALMER 

settlement Bill. Ordered a Bill be drawn up for Settlements 

Assessment Bill. Ordered a Bill be drawn up for Assessments 



HISTORICAL INTRODUCTION. XIX 

168T. 

At a Council held Aprill 9 th 1687 

PRESENT His EXCELLENCY Major BROCKHOLLS 

Maj r FLIPSEN Maj r CORTLAND 

Coll BAYARD Judge PALMER 

Ordered An Act to bee drawn up against Imbracery & c 

At a Councitt held 31 s May 1687 

PRESENT His EXCELLENCY 

Maj r CORTLAND Major BROCKHOLLS 

Judge PALMER Coll BAYARD 

Ordered a Bill bee drawn up for the raiseing of d pr pound of every mans _ ^ __ 

estate for the defraying y e expences for the good of the province in England. $!". er 

Att a CouncilJune 9 * 1687 

PNT. His EXCYE BROCKHOLLS & OM 

Act about settlem , read the first tyme settlement act read 

/*- 7 7 < i_ j j and amended. 

Ordered to be amended 

Att a Council, June y 13 A 1687 
PNT. His EXCYE BAYARD & c except BROCKHOLLS 

Bill for raising %d 

Bill for y e raizeing d ^ pound, read y e nrst tyme. in the je read it 

Bill concerneing Excise of Rumm read the first tyme Sf time? m read 

Bill about Mortgages read y" first tyme t or t SST BU1 rettd 

Ordered, the Attorney Gen 1 draw a Bill enacteing all bills, bonds, reccords B ,ne^aV n d trume a nti 
deeds, writeings &c bee in English &c. EDgiuh. 11 ** 

Att a Councitt June 14 A 1687 

PNT. His EXCY 

Bill d W b * d ln the &ot - 

Act Of Settlem Settlement act, 

Act abo MortageS Mortgage act, 

Bill for pleadings &c in Engl Engiuiftangualo, 11 * 

Act ab y e Excise of rumm passed Eici8e 1<!t P Msed - 

At a Councitt held at ffort James Thursday y e 18 A of August 1687 

PRESENT His EXCELCY the GovE r N r Major ANTHONY BROCKHOLS 

Major FFREDRYCK FFLYPSEN Major STEPHANUS V CORTLAND 
Coll NICHOLAS BAYARD Judge JOHN PALMER Esq" 

Petition of Daniel Duchemin and oth r ffrenchmen praying to be naturalized, Naturalizing 

r Duchemin et al. 

Read 

Ordered, y it be referred and that the Attorny General Draw a Bill ffor Natu- 
ralizeing the Petitioners 



HISTORICAL INTRODUCTION. 



1687. 

At a Councill held at ffort James ffriday if 19 A of Ay gust 1687 

PRESENT His EXCELCY The GOVERN Major ANTHONY BROCKHOLS 

Major FFREDRYCK FFLYPSEN Major STEPHANUS V CORTLAND 
Coll NICHOLAS BAYARD Judge JOHN PALMER 

The Council give their opinions about raiseing Mony to Defray y e Expence about 
y e Indyans & y e ffrench 

Resolved, that a penny in y e pound besides the former Tax of a halfe penny in 
y e pound be raised out of y e Estates of the ffrehold" & Inhabitants of Kings 
County, Queens County, Dukes County, Dutcheses County, Countys of Rich- 

*n uie n po b u*!a penny mon dj Orange, Suffolk and Westchester, and one halfe penny in y e pound out of 
y e Estates of y e Inhabitants & {Freehold" of y e Cittys & Countys of New York 

ordered raised. and Albany & County of Ulster and the mony be brought in to y e Kings Col 
lector at y e Custome house on or before y e first day of May next 

M 1 co i rdiDg < iy Uced Ordered, that two Bills be Drawn up for the same accordingly 



One penny in the 
pound, 



Bill to raise Id in 
read 



and pasied. 



At a Councill held at fforte James Saturday August y e 20 A 1687 

PRESENT His EXCELCY the Gov N r Major FFREDRYCK FFLYPSEN 

Major ANTHONY BROCKHOLLS Major STEPHANUS VAN CORTLAND 
Coll NICHOLAS BAYARD Capt" JOHN PALMER 

The Bill ffor Raiseing a penny in y e pound out of y e Estates of y e fireehold" & 
Inhabitants of y c Kings, Queens, Dukes & Dutcheses Countys the Countys of 
Richmond, Orange, Westchester & Suffolk Read and approved 

Passed and Signed by y e Gov r n r & Councill 



Bill to raise one 
halfpenny in the 
pound passed. 



Excise collection 
Act parsed. 



At a Councill held at ffort James ffnjday y 2 d of September 1687 

PRESENT His EXCELCY The GOVERN Major ANTHONY BROCKHOLS 

Major FFREDRYCK FFLYPSEN, Major STEPHANUS VAN CORTLANDT 
Coll NICHOLAS BAYARD Judge JOHN PALMER 

Bill to Raise one halfe penny per pound off all persons Estates in the Cittys 
and Countys of New York and in y e County of Ulster read, approved and Passed 
Act for regulating y e Collection of His Majesties Excize up Hudsons 
Read approved and passed. 



Bill n. turalizing 
Duchrraio et a!., 
passed. 



At a Council Held at ffort James Monday the 22" 1 of September 1687 
PRESENT His EXCELCY the GOVERN Major ANTHONY BROCKHOLS 

Major FFREDRYCK FFLYPSEN Coll NICHOLAS BAYARD 

Fill for Naturalizeing Daniel Duchemin and other ffrencli persons 
Read Approved and Passed 



Bill agtrinut frauds 
in the exciee 
to be engrossed. 



At a Council held at ffort James Saturday y 8" of October, 1687 

PRESENT His EXCELCY the GOVERN 

Major FFREDRYCK FFLYPSEN Major ANTHONY BROCKHOLS 
Coll NICHOLAS BAYARD Major STEPHANUS VAN CORTLAND 

Bill to prevent abuses and ffrauds in his Majties Excize read and 

Ordered to be engrossed 



HISTORICAL INTRODUCTION. XXI 



At a Councill Held at fort James Tuesday y e 11" day of October, 1687 

PRESENT His EXCY the GOVERN"" Major ANTHONY BROCKHOLLS 

Major STEPUANUS VAN CORTLAND Major FFREDRYCK FFLYPSEN 
Coll NICHOLAS BAYARD M r JAMES GRAHAM 

Bill to prevent ffrauds and abuses in his Majties Excice by Ordinary Keepers 
Read, approved and passed. Passed. 

At a Councill Held at ffort James Tuesday y e 25" October, 1687 

PRESENT His EXCY the GOVERNOUR Major ANTHONY BROCKHOLLS 

Major STEPHANUS VAN CORTLAND Major FKREDRYCK FFLYPSEN 
Coll NICHOLAS BAYARD M r JAMES GRAHAM 

Petition of the Mayor Recorder and Aldermen of Albany that a Tax of one 
shilling and six pence per Anchor for all Rumm and Distilled Liquors there sold oo"ti 
formerly imposed uppon the sd Liquors by consent of this Board and is now 
Expireiug may be continued for three yeares, read 

Ordered, that y e said tax or Duty be continued for one whole year next Ensueing. 



At a Councill Held at fort James ffnjday if 30 * March, 1688 

PRESENT His EXCELCY the GOVERN"" Major ANTHONY BROCKHOLS 

Major JARVIS BAXTER Major STEPHANUS VAN CORTLAND 

Maj or FFKEDRICK FFLYPSEN Coll NICHOLAS BAYARD 

Ordered, that y e Attoruy Gen all Draw An Act for all Negroes and oth r servants Bill forthe in8truc . 
within y e Goverment to be instructed and bread in y e Christian ffaith with a o"\" e f g iav f 8o?dered 
clause y y e property of y e owners of such serv" be no wise altered thereby 

At a Councill Held at ffort James Monday y e third day of May, 1688 

PRESENT His EXCELCY the GOVERN Major ANTHONY BROCKHOLLS 

Major JARVIS BAXTER Major STEPHANUS VAN CORTLAND 

Major FFREDRICK FFLYPSEN M r JAMES GRAHAM 

Resoh-ed uppon Debate had thereof that the taxes lately made will not Raise 

A new tax ordered. 

mony sufficient to bear y e p seut necessary charge of the Gov r m and that a new 
Levy of 2556 : s4 be made to be Paid by all y e Inhabitants and ff reeholders in 
y e Province in mony to his Majesties Collector at y e Custome house in New 
York before y e first day of November next in manner ffbllowing, viz 



s 

The Citty & County of New York to pay 434 10 

County of West Chester 1 So 15 

Citty and County of Albany 240 00 

County of Richmond 1 So 15 

County of Ulster 40S 00 

Kings County SOS OS 

Queens County SOS OS 

County of Suffolk 4:34 ] o 

Dukes County 040 00 

County of Orange 010 00 



00 
00 
00 
00 
00 
00 
00 
00 
00 
00 



Ratio thereof. 



Ordred, that y e Attorny Gen r all Draw upp An Act for y e tax accordingly BUI therefor 

ordered introduced. 



XXH 



HISTORICAL INTRODUCTION. 



16SS. 



The 2,555 act 



BUI for the instrnc- 

tion of slaves read. 



TO be engrossed. 
Act for continuing 

Judges salaries 

passed. 

BUI to prohibit 

shoemakers from 

to n be in e K ngrosse a d d 



iesr. 

7 April. 

Sjneto n D8iH 

one government. 



Legislative powers 

continued in the 

in the Governor 

and Council. 



N. T. Col, 
III, 538. 



DOC., 



Ata Councill Held at ffort James Thursday y e Seaventeenth day of May, 1688 

PRESENT. His EXCELLCY the GOVERN 

Major JARVIS BAXTER Major ANTHONY BROCKHOLS 

Major STEPHANUS VAN CORTLAND Major FFREDRYCK FFLYPSEN 

M r JAMES GRAHAM Coll NICHOLAS BAYARD 

An Act for raiseing the sume of two thousand five hundred and ftifty five pounds six 
shillings by or before the first day of November next read three times and approved and 
passed. 

An Act for y Encouragement of masters and owners of Indyan Slaves and Negroes to 
educate them in y" Christian fayth, read & 

Ordred to be Engrossed. 

An Act for y continuance of y Judges (Sallary) of the Court of Oyer and terminer 
read approved and passed 

An Act to prohibit! shewmakers flfrom using y e mistery of tanning Hides read & 

Ordred to be Engrossed. 

Meanwhile a change in the Constitution and government of the 
Province had been resolved on in England. The entire country from 
the Delaware to the St. Croix, in Maine, was consolidated into one 
government, and placed under the rule of Sir EDMUND ANDEOS, with 
the following legislative powers : 

And Wee do hereby give and grant unto you full power and authority, by and 
with the advice and consent of our said Councill or the Major part of them, to 
make constitute and ordain lawes statutes and ordinances for the public peace 
welfare and good governm of our said territory & dominion and of the people 
and inhabitants thereof, and such others as shall resort thereto, and for the benefit 
of us, our heires and successors. Which said lawes statutes and ordinances are 
to be, as near as conveniently may be, agreeable to the lawes & statutes of this 
our kingdom of England : Provided that all such lawes statutes and ordinances of 
what nature or duration soever, be within three months, or sooner, after the 
making of the same, transmitted unto Us, under our Seal of New England, for 
our allowance or disapprobation of them, as also duplicates thereof by the next 
conveyance. 

And Wee do by these presents give and grant unto you full power and 
authority by and with the advice and consent of our said Councill, or the major 
part of them, to impose assess and raise and levy such rates and taxes as you 
shall find necessary for the support of the government within our territory and 
dominion of New England, to be collected and levyed and to be imployed to the 
uses aforesaid in such manner as to you & our said Councill or the major part of 
them shall seem most equall and reasonable. 

And for the better supporting the charge of the governm of our said Territory 
and Dominion, our will and pleasure is, and wee do be these presents authorize 
and impower you the s d S r Edmund Andros and our Councill, to continue such 
taxes and impositions as are now laid and imposed upon the Inhabitants thereof; 
and to levy and distribute or cause the same to be levyed and distributed to those 
ends in the best and most equall manner, until you shall by & with the advice 
and consent of our Councill agree on and settle such other taxes as shall be 
sufficient for the support of our government there, which are to be applied to 
that use and no other. 

Official notice of this change was received at New York on the 28 th 
July 1688, and two days after the Governor and Council 



HISTORICAL INTRODUCTION. XX111 



Ordered, that all further Proceedings to wards the Leuying the late Tax and The 
Imposicou of two thousand flue hundred fifty fiue Pounds & Six Shillings to be ni 
paid by the first day of Nouember next do cease & is hereby suspended till further 
order, and that the Sheriffs of the Respectiue Couutyes haue Notice Giuen 
them Accordingly 

At a Council!. Held at ffort James August 2 d 1688 

PRESENT Major BROCKHOLLS 

Major PHILLIPS Major BAXTER 

Coll BAYARD Major CORTLANDT 

Act about tanning of hides being three times read in council was assented unto Tanning Act pawed. 
and passed. 

This is the last legislative Act passed during the administration of 
Governor Dongan. 1 

1 THOMAS DOXGAX was a descendant of an ancient Irish Catholic family, being a younger son of Sir John 
Dongan, Baronet, of Castletown in the county of Kildare, and nephew of Richard Talbot, afterwards Earl 
of Tvrconnel. He was born in 1634, trained to the profession of arms, and served under Louis XIV, 
having been Colonel of an Irish regiment in the French service. In 1677-8, an order was issued for the 
return to England of all English subjects serving under the French crown, and Colonel Dongan informs 
us that he was obliged to quit " that honorable and advantageous post, and resisted the temptation of 
greater preferment then offered him, if he would continue there ; for which reason the French King 
commanded him to leave France in forty-eight hours and refused to pay him a debt of 65,000 livret then 
due to him, for recruits and arrears upon an account stated with the Intendant of Nancy." 

On his return, he was appointed by Charles II., a general officer in the English army then designed for 
Flanders, and had an annual pension of 500 settled on him for life in consideration of his losses in 
France. It is obvious, however, that he did not act under that appointment, inasmuch as in the same 
year he was made Lieutenant- Governor of Tangier, in which post he continued until 1680. 

In September, 1682, he was appointed Governor of New York, and filled that office with admitted repu 
tation until 1688. Smith says of him, " He was a man of integrity, moderation and genteel manners, 
and though a professed papist, may be classed among the best of our governours." On being superseded 
by Sir Edmund Andros, he was offered the commission of Major-General and a regiment in the service 
of James II., all which he refused. He remained in America until 1691, when he returned to England. 

In 1685, during the residence of Governor Dongan jn New York, his brother, William, who had been 
created, in 1661, Baron Dongan and Viscount Claine in the Irish Peerage, was advanced to the earldom 
of Limerick, with remainder, failing direct issue, to Colonel Thomas Dongan. But the Earl having 
adhered to James II. and having followed that monarch to France, his estates became forfeit, and were 
granted to the Earl of Athlone, one of the followers of William III. This grant was confirmed by an Act of 
the Irish Parliament, with a clause, however, saving the right of Colonel Dongan, who, on his return 
home, made every exertion to recover some portion of those estates. This nobleman died at St. Germain 
in 1698, whereupon Colonel Dongan was introduced at Kensington to William III., whose hand he 
kissed on occasion of succeeding to the earldom of Limerick. Ho was allowed, about the same time, 
2,500 in tallies, being part payment of advances made by him for public purposes, whilst Governor of 
New York. All this time he did not intermit his efforts to recover his deceased brother s estates, and he 
so far succeeded as to have an Act of Parliament passed for his relief, 25th May, 1702. But, although he 
offered to serve again in the Plantations, it does not appear that he was employed under the crown during 
the remainder of his life, which terminated in London on the 14th day of December, 1715. His remains 
were interred in St. Pancras Church yard, Middlesex. The following is a copy of the inscription on his 
tombstone : 

The Right Hon ble THOMAS DOXGAS 

Earl of LYMERICK, 

Died December 14 th Aged Eighty-one years. 1715. 
Rcquiescat in Pace. Amen. 

This nobleman died without issue. His estates in America were settled chiefly on tliree nephews, 
John, Thomas and Walter Dongan. Lieutenant-Colonel Edward Vaughan Dongan, of the 3d Battalion 
of New Jersey Volunteers, who died of wounds received in an attack on the British posts on Staten 
Island, in August, 1777, was son of the last mentioned gentleman. John Charlton Dongan, another collat 
eral descendant of the Earl o f Limerick, represented Richmond county in the New York Assembly 
from 1786 to 1789. Representatives of this ancient family are still to be found in New York. 

The above particulars are borrowed from the manuscript Introduction to The Laws of New York 
from 1664-1691, about to be published by GEOEGE H. MOORE, Esq. 



XXIV 



HISTORICAL INTRODUCTION. 



16SS. 

New York 
annexiHl to Now 
England. 



On the llth of August, the Province of New York was annexed 
to New England, and the 2,555 Act was revived by the following 
order in Council : 



Att a Councill held att New Yorke on Wednesday the nyne 4" twentyth day 

of August, 1688. 

PRESENT His Excellency S R EDMUND ANDROS Kn 4 



JOSEPH DUDLEY, 
ROB T MASON, 
ANTHO. BROCKHOLLS, 
WALTER CLARKE, 
JOHN WINTHROP, 
FRED. PHILLIPS, 
JARVIS BAXTER, 
STEPHEN CORTLANDT, 



Esq" 



JOHN VSHER, 
EDWARD RANDOLPH, 
JOHN WALLET, 
WALTER NEWBERRY, 
JOHN YOUNG, 
NICHOLAS BAYARD, 
RICHARD SMITH, 
JOHN ALLEN, 



Esq 



The .2,555 Act 
revived and orde 
to bo executed. 



: 



Trumbull s Con 
necticut Records, 
III., 447. 

16S9. 

3 Juno. 

Revolution in 
New York. 



1690. 

An Assembly 
called. 



Names of the 
members. 



WHEREAS the Execucon of an Act made the seaventh day of May last past by 
his Excellency Thomas Dongan, late Cap" Generall and Gouvernour in Chiefe of 
his Ma ties Province of New Yorke in America, intituled, an Act for raising y e sume 
two thousand five hundred fifty five pounds six shillings, by or before y e first day 
of November in the yeare of our Lord one thousand six hundred eighty and eight, 
hath been a,nd is, by order of his said Excell y in Councill, dated the thirtytli day 
of July last past, for y e reason therein menconed, suspended till further order, 
which being taken into consideracon, itt is ordered, that ye said act be fully and 
duly executed according to the tenor and true intent and meaning thereof, and y e 
money therein menconed cluely leaved, raised, collected and paid, as therein is 
directed, of which all Justices of y e peace & other officers & persons concerned 
are to take notice & confonne themselves accordingly. 

This arbitrary and despotic form of government continued until the 
3d of June of the following year, when it was put down by Captain 
JACOB LEISLER, who seized the fort, whereupon lieutenant-governor 
Nicholson fled the province. 

Early in the next year, writs were issued, under Leisler s authority, 
to the sheriffs of the several counties for an election of members of 
Assembly. All, except Suffolk, chose Representatives viz . 



New York, . 



JOHN SPRATT 
CORNELIUS PLUVIER 
ROBERT WALTERS 
WILLIAM BEEKMAN 

Westchester county, THOMAS BROWNE 

Kings county, 

Queens county, NATHANIEL PEARSON 2 

Suffolk county, None 

Ulster county, 

Albany, JAN JANSE BLEEKER 

Schenectady RYER SCHERMERHORN 



1 Did not attend. 



Refused to sit. 



HISTORICAL INTRODUCTION. XXV 

This Assembly met in April and passed the following Bill : 1690> 

First session. 

April 1690. 

AN Act to raise throughout the government three pence in every pound real and Act to raise ad 
personal, to be paid the first of June. 1 

It then adjourned to the 1st of September ; but " His Majesty s special second session. 
servis preventing y e s d session," the legislature was convoked for the 15th 
of the same month, when it met, JOHN SPRATT being speaker, and passed 
the following laws : 

2d October 1690 

AN Act for raising three ^pence in the pound of all Real and Personal visible Estate of Act to raise 3d 
all and singular the inhabitants of this Province to be levied in January and March next 

4th October, 1690. 

A BILL for Amercing and fining all persons within this Province of New York refusing Act to obiigo 
to serve in Comission of Civill or Military Power within s" 1 Province under his Maj tie " cuTo military " 
Licv Govern of the Province aforesaid & that none Inhabitants of y e of y City & j^, rcTont 
County of Albany & Ulster Leave or Depart the City or Countys aforesaid without ^""^wuho uT 
spetiall Lycense of the said Authority or Carry of or transport from said Places any Wares lcave - 
or Merchandises except such hereafter exprest. 

A Bill passed the Assembly also at this session, entitled, 
AN Act for Confirming to the Inhabitants of this Province the full priviledge and ben- Act to confirm to 

/. , . tr , T . , . , . -r. the Public the 

cfitts of his Mai"" Laws within tlus Province. benefit of H. M. 

laws. 

But it does not appear to have passed the Council ; at least it wants 
the signature of the Lieutenant Governor. 

Meanwhile Colonel HENRY SLOUGHTER was commissioned governor of nenry sion 

governor. 

the Province, who landed in New York on the 19 th March, 1691, and 
published his commission, whereby the right of the people to a Represen 
tative Assembly was again formally acknowledged in these words : 

And we do hereby give @ grant unto you full power and authority with the Extract from 
advice @ consent of our said Council! from time to time as need shall require, to 
summon & call generall Assemblies of the Inhabitants being Freeholders within I^ wy 
your Government, according to the usage of our other Plantations in America. 

And our will and Pleasure is, that the persons thereupon duely elected by the 
Major part of the Freeholders of the respective Countys and places and so returned 
and having before their sitting taken the oaths appointed by Act of Parliament to 
be taken instead of the Oaths of Allegiance and Supremacy and the Test, which 
you shall commissionate fit persons under our seal of New York to administer, 
and without taking which, none shall be capable of sitting though elected, shall 
be called and held the Gen ral Assembly of that our Province and the Territories luxuie, 
thereunto belonging 

And that you the said Henry Sloughter by @ with the consent of our said and powers. 
Councill and Assembly or the major part of them, respectively have full power 
and authority to make constitute and ordaine Laws Statutes @ ordinances for y 
publique Peace, welfare and good Government of our said Province and of the 
people @ Inhabitants thereof and such others as shall resort thereto & for the 
benefit of us our Heirs & Successors 

Which said Laws Statutes & Ordinances are to be (as near as may be) agreeable 
unto the Lawes & Statutes of this our kingdome of England 

1 And that all townes and places should have equal freedom to boult and bake and to transport where 
they please directly to what place or country they think fitt, any thing their places afford, and that the one 
place should have no more privileges then any other. N. Y. CoU. Doc., Ill, 717. I caunot say whether 
this formed a separate act or uot. If it did, thu two acts weru passed iu this S<sioii. 

D 



XXVI HISTORICAL INTRODUCTION. 

1691. Provided that all such Laws, Statutes & Ordinances of what nature or Duration 

Enjand for" 6 " soever be within three months or sooner after the making thereof, transmitted unto 
us under our seal of New York for our Approbation or Disallowance of the same, 
As also Duplicates thereof by the next conveyance 

can bo vetoed at And in case any or all of them being not before confirmed by Us shall at any 
time be disallowed @ not approved, and so signified by Us our Heires & Successors, 
under our or their Sign Manual and Signet or by order of our or their privy- 
Council unto you the said Henry Sloughter or to the Commander in Chief of the 
said Province for y e time being, then such and so many of them as shall be soe 
disallowed and not approved shall from thenceforth cease determine @ become 
utterly voyd and of none effect, anything to the contrary thereof notwithstanding. 
And to the end nothing may be passed or done by our said Council 1 or assembly 
to the Prejudice of us, our Heires and Successors, We will @ ordaine that you 
the said Henry Sloughter, shall have @ enjoy a negative voice in the making and 
The Governor to passing of all Laws, Statutes and ordinances as aforesaid 

have a negative, 

find power to And that you shall and may likewise from time to time as you shall judge it 

tne J Aembiy!" 80lTe necessary Adjourn Prorogue and Dissolve all General Assemblies as aforesaid 

Lejrjsiaiure The Legislature thus constituted, consisted in theory of three Branches, 

praouoaSy, two. viz. : Governor, Legislative Council and Assembly ; but in fact, of only 
two, for the Governor presided at the sittings of the Council, voted 
whenever he pleased as a member of that body, and in case of a tie, 
gave the casting vote as presiding officer. Thus the executive possessed, 

Executive encroach- w it n ^he final, formal assent to the Bill, two, and in some cases, three 
votes on every legislative measure. This state of things continued for 
nearly half a century without remark or complaint. 

1733. At length Governor COSBY, then administering the government, having 

quarreled with Chief Justice Morris, James Alexander and other 
leading men of the Colony, a hot and bitter controversy was commenced 
in the New York Newspapers. The Governor to justify his suspension 

ttract the atten- o f SO me of these gentlemen from office, transmitted to the Board of 

tion of the Home 

government, Trade certain numbers of those newspapers " by which it is intimated 
that you (Gov. Cosby) have sometimes voted as a councillor in a 
legislative capacity." This appearing to the Lords of Trade "to be 
inconsistent with the tenour and intention of his majestys commission 

*a n w offl d cc b r e a f of e the e an( l instructions," they laid the Case before the law officers of the crown 
for their opinion. 

cae. The Government of His Maty 9 Plantations in America consists of a Gov r Council 

and Assembly These three have the Power of making Laws vested in them and 
the Governor has a Negative upon every Act passed by the Council and Assembly 

The Council sits in two capacitys viz as one part of the Legislature, and as a 
Council to advise & assist the Governor in all political cases 

And the Governors are restrain d by their Instructions not to act without the 
advice and consent of the Majority of them, in many cases 

QUERY. Therefore, whether in any Case the Governor can sit and vote as a 
member of the Council 

On the Death or absense of a Governor The President of the Council, if there 
be no Lieutenant Governor upon the Place, always acts as Governor, till a new 
Governor is appointed by His Majesty 

QUERY. Is the said President then capable of acting and voting as a Coun 
cillor during the time he acts as Governor, and represents the King? 



HISTORICAL INTRODUCTION. XXV11 



Sir John Willes, his Majesty s Attorney General and Dudley 
Ryder Esq., the Solicitor General, made answer : 

1" We are of opinion that it is inconsistent with the nature of this Governm 2?i 
with the Governors commission & His Majesties Instructions That the Governors 
should in any case whatsoever sit and vote as a member of the Councill 

2 d The clause in the Governors Commission which gives the Power to the Presi 
dent of the Council to act as Governor in case of the Death or absence of the 
Governor is not laid before us but only referred to in the Instructions but we 
presume it gives him no greater power than is given to the Governor himself and 
if not we are of opinion that such President cannot act or vote as a Councillor 
during such time as He acts as Governor J WILLES 

January 15 Ih 1735 D RYDER 

Thereupon a letter was addressed to the Governor notifying him that SStadSSsSS the 

. . ., i . * . Legislative Council; 

the Council sat in two capacities, viz 1 st as a council to advise Ins 
Excellency. In such case he was to sit and advise with them. 2 dly as 
the Third part of the Legislature, and in that case he was neither to sit 
nor vote with them. For was he to do so, on any occasion where a 
Lrtv is the subject of their debate, and that the councillors were divided 
in opinion, the law would be either passed or rejected by his single vote. 
It would in fact be taking away the privilege of the council in vesting 
two of the three parts of the Legislature in one person, and consequently 
destroying the Constitution established for the Colony. 

Henceforward, the Council, when acting in a legislative capacity, no ^ft*^^* 
longer sat in Fort George, but in a room fitted up for the purpose, in 
the City Hall of New York in which building also the Assembly held 

J r , and elect their own 

its sessions. The Chief Justice was at first selected to be SPEAKER, but speaker. 
the business of the Supreme Court requiring his attendance, it was 
Resolved, That the eldest councillor present shall at all times hereafter 
preside as Speaker. 

This rule obtained whilst the Legislative Council continued in 
existence. 

Regular minutes were kept of the Votes and Proceedings of this Body 
from 1691 to 1775, and deposited in the office of the Secretary of State, 
but they were never printed. Their preservation being a matter of great 
importance, for there was only one copy of them, I deemed it my duty 
to call the attention of the Joint Library Committee of the Legislature 
to the subject, whereupon the Hon ble the Senate, on motion of the 
Hon ble J. McLEOD MURPHY, Chairman of the Committee, ordered 
these Journals to be printed. 



STANDING RULES OR ORDERS OF COUNCIL 



Fryday the 15 * October 1736 

Resolved that any three of the members (whereof the Speaker to be one) may Power to ftnT three, 

., the Speaker being 

JlOUrn the Council one, to adjourn. 

J 

Resolved that no less than five be a Council to do Buisyness dobu8ino> n &v t0 



Wednesday October 20 * 1736 

Resolved that the Eldest Counsillor present Shall att all times hereafter preside Th eldest coun 
cillor present to act 

or officiate as Speaker speaker. 



Wednesday October 27 th 1736. 

Ordered that the Minnitts of the Counsil be first perused by the Counsil before J n ^^ f & r f ) |J ie 
they be entered in the book for that purpose to be kept oStiSF* by the 



Tuesday the 9 A November 1736 
Ordered that all the Standing Rules or Orders of the Council be not only entered AII standing orders 

J to be entorcd in a 

in the Minnitts of the day on which the same shall be made, but also in a distinct place by themselves. 
place by themselves for that purpose to be kept In order to the readier turning to 
and finding out any particular Standing Rule or Order as occasion may require. 



Tuesday the 4 * October 1737 

Ordered that upon all private Bills for the future to be presented to this House, On aii private wiis 
the party or partys for whose use or benefitt Such Bill or Bills is or Shall be app ii e ,i to by pcti- 
intended, shall before the second reading thereof be ordered, make his or their reading. 
application to the Counsil by petition Setting forth the reason or Motives for or 
on which they wo d pray the Counsil to pass the Same, and that the person or 
persons who Shall apply for the obtaining of any Such private Bill or Bills be 
accquainted or served with a copy of this Order. 



xxx STANDING KULES. 



Tuesday 13 A Decemb r 1737 
on naturalization On the Bill for naturalizing Rhuel and others. 

bills, Speaker to 

person 4 " for eacU Ordered that the Speaker of the Counsil have ffburteen Shillings for each person 
mentioned in the above act of naturalization, and the like ffee on all naturalization 
Bills hereafter to be brought to the Counsil for their assent for each person in 
such bill or bills proposed to be naturalized. 



Wednesday the 17 A Oct r 1739 

AH raisnres and Ordered that all the Raisures and Interlineations that Shall appear in any Bills 

im"b e ught n fro n m past the General Assembly and brought to the Counsil for their concurrence be 

the Assembly to the . 

council, to be particularly taken notice of and entered in the nnnmtts and 

entered in the 

Th^ madea Ordered that this be among the Standing Orders of this Board 

Btauding order. 



MISSING VOTES 

OF THE 

NEW YORK COLONIAL ASSEMBLY. 



On comparing the printed Journals of Assembly with the Minutes of the 
Council, those of the Assembly are found deficient of the 

Journal for the Session of 1683 lass. 

Journal for the Session of 1684 16S4 . 

Journal for the Session of 1685 less. 

Journal for the Session beginning April 20 and ending April 29 1692. 1692. 

Journal from 26 th October to November 9 th 1692 and the names of the members 
elected. 

Journal from 4 th April to 10 th April 1693 inclusive. 1693- 

Journal from 25 th April 1699 to the end of the Session 16 th May 1699 inclusive. 1699 . 

Journal from 25 th July to the 29 th October 1700 iyoo 
Journal from 30 th June 1740 to the 12 th July 1740 inclusive. 

1740* 

Journal from 11 th June 1766 to the 3 July 1766 inclusive. 

IToo. 

Journal from 10 th November 1766 to the 19 Dec. 1766 inclusive. 

Journal from 27 May 1767 to the 6 th June 1767 inclusive. irer. 

Journal of the 23 and 24 November 1767 



JOURNAL 



OF THE 



LEGISLATIVE COUNCIL, 



OF THE 



PROVINCE OF NEW YORK. 



FIRST ASSEMBLY: Isx SESSION. 
At A Council held at ffort William Henry the 3th of April, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, "} THO. WILLET, "} 

FFRED PHILLIPS, / GAB. MONVIELE, ^ ^ 

STEP. V. CORTLANDT, x-Esqrs. CHIDLEY BROOKE, ? 

NICH. BAYARD, V WILL NICOLLS, j 

WILL. SMITH, J 

Ordered, A Commison to William Smith & Chidley Brooke Esqrs. to Administer the Oaths 
as ^ his Excell y Commison are directed to the llespective persons Elected Representatives for 
the Cityes, Townes & Countyes in this Province. 

Vpon the returne of John Bowne and Nathaniel Pierseall two Representatives for Queens 
County who are not qualifyed to take such Oaths as are in the like cases provided, 

Ordered, that a Warrant be directed to the Sheriffe of said County that he make choice of 
two other fit persons in their steade. 

Ordered, that a Warrant be inunediatly issued forth to the Sherriffe of Albany County to 
Elect a Burgesse for the Mannour of Ranslaerswyck to make his Attendance immecliatly. 

The Representatives appeared in their accustomed method and presented Mr. James Graham 
their Speaker who being approved off desired their former Rights and Priviledges, viz. that 
none of their members nor their servants be arrested nor molested during the Sessions ; that they 
may have ftreedom of Accesse to his Excellency and Council when Occasion presents ; That 
they may have liberty of speech and a favourable construction made upon all Debates that may 
arise amongst them, and for the removeall of all misunderstandings that a Committe of the 
Council may Joyne with a Committe of their house to Conferr on what matters may Occurr and 
this their Demands maybe approved by his Excellency and Council and entered in their Council 
book ; which are allowed and approved off accordingly. 
1 



2 Journal of the Legislative Council of New York. [ it to!. 

At a Council held at ffbrt William Henry the Wth of April, 1G91. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, ~) CHIDLEY BROOKE, ^ 

FFRED PHILLIPS, / GAB. MONVIELE, Cp 8arg 

STEP. V. CORTLANDT, >Esqrs. WILL NICOLLS, ^ 

NICH. BAYARD, V THO. WILLETT, j 
WILL. SMITH, 

Ordered, that a writ be issued forth to the Sherriffe of VIster and Dutchess County for tlie 
Imediate Electing of a Burgess for that County in the stead of Captaine Thomas Garton, 
upon the report of the Assembly that the said Garton is wanting. 

Vpon the vote of the Assembly that the thanks of that house should be returned to his 
Excellency for the favourable speech made by him and the President by his direction and also 
for the effectual! and speedy care that his Excellency lias taken for the suppressing the many 
disorders and disquiets that were in the Government on his arriveall here, the same was 
accordingly delivered by Will" 1 Merritt, John Pell, Dirck Wessells, Henry Pierson, Ellis 
Duxbury, John Poling and Henry Beeckman ^ order of that house. 

Joseph Dudley and William Nicolls Esqrs are appointed a committee of this board to meet 
with such of the Members of the Representatives as are appointed by that house to draw the 
Address to their Matyes and to Confer of such other Orders as may be necessary to be resolved 
in this Sessions. 

There is Offered to the consideration of the Assembly by His Excell y 

An Address to his Matye ; 

A Committe to Review and Report the Laws, Courts and Sallaryes of the Judges ; 

An Act for Ministers in Every Town and their maintainance ; 

- An Act for the quieting of the late troubles and assurance of the People in general from any 
pursuit saving to every one his particular accon ; 

The support of the Garrison at Albany ; 

The continuation of the Revenue with such Amendments and Additions as may be 
necessary ; 

In which particulars the house of Representatives is desired to proceed with such Expedicfm 
as may be, there being a necesity of the Governour s going to Albany in a short time and a 
recess of the Assembly unto a longer day. 



At A Council held at ffort William Henry Aprill 13th, 1691. 
PRESENT 



The Governour and Council doe agree to this Resolve and Order the Secy to send to the 
house of Representatives the Establishment as follows : 

One Cap W diem Ss 

Two Liev" S 

ffour Sergeants 6 

ffour Corporal Is 4 

Two Dnimms 2 

One hundred fusileers ,3 G Sd 



diem is. . ,4 34s 8d 



r Annum is 1727 13s Id 

Incidents for Transportacon, Armourer, Surgeon, &c. 



1691.] Henry Slaughter, Esq : Groverncur. 

At A Council held at ffort William Henry Aprill the 15th, 1691. 

PRESENT His Excellency THE GOVERXOUR, 

Jos. DUDLEY, "^ CHIDLEY BROOKE, 

FFRED. PHILLIPS, f GAB. MONVIELE, 

STEP. V. CORTLAXDT, s Esqrs. WILL. NICOLLS, ^> Esqrs. 

NICII. BAYARD, V THO. WILLETT, 

WILL. SMITH, WILL PINHORNE, 



Ordered, That William Pinhomo Esqr doe cary & Deliver xinto the house of Representatives 
a messuage in writing wherein his Excellency and Council recommend the Expediting a Bill for the 
Establishing Courts of Judicature throughout this Province, as also to take into consideration 
the Act of the late Assembly Intituled, An Act for the settlem of y e Courts of Justice as a forme 
found very agreeable to the Constitution of this governm . 

Mr Pell and Mr Duxberry having attended his Excell and Council and moved that a Sergeant 
at arms may be appointed to attend service of their house, 

Ordered, That Mr Benjamin Phipps Sergeant at arms doe attend that house accordingly. 



At A Council held at ffort William Henry the Idth of April, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

FFRED. PHILLIPS, "^ WILL. NICOLLS, ~\ 

KICK. BAYARD, / GAB. MONVIELE, (p 

STEP. V. CORTLAXDT, \ Esqrs. THO. WILLET, ? 

CHIDLEY BROOKE, C WILL. PIXHORNE, _) 
WILL. SMITH, 

This morning Mr Whitehead and Mr. Howell from the house of Representatives attended his 
Excell in Council and desired that the Attorney General! may attend their house to draw up 
such Bills as are necessary for their Majestyes service and the good of the government as 
formerly accustomed. 

Ordered, that the Attorney General doc attend that house accordingly. 



At A Council held at ffort William Henry IStk Aprilis, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, ""} WILL. SMITH, 

FFRED. PHILLIPS, / GAB. MONVIELE, 

KICH. BAYARD, V Esqrs. THO. WILLETT, ^ Esqrs. 

STEP. V. CORTLAXDT, V WILL. XICOLLS, 

CHID. BROOKE, J t WiLL. PINHORNE, 

Gabriel Monviele Esqr and Thomas Willett Esqr are appointed to attend the house of 
Representatives and acquaint them of the many good services done to this Province by Cap 
William Kidd in his attendence here with his vessell during his Excellencyes absence and that 
it would be very acceptable to His Excellency and this board that they consider of some 
suitable reward to him for his services. 

This day the whole house attended his Excellency in Council and the Speaker made their 
Address in these words following : 



- 



May it Plcusc yj r Excellency 

W T e their Matyes most dutiful and Loyall Subjects Convened by their Matyes most gracious 
favour in Generall Assembly in this Province doe in all most humble manner heartily 
Congratulate yo r Excellencyes arrivall in this Government and withall presume to acquaint 
yo r Excellency that as in our hearts we doe abhorr and detest all the Rebellious arbitrary and -" 
illegal 1 proceedings of the late Usurpers of their Matyes Authority over this province, So we 
doe from the bottom of our hearts with all integrity acknowledge and declare that there are 
none that can or ought to have Right to Rule and Govern their Matyes Subjects here but by 
their Matyes authority which is now placed in yo r Excellency. And therefore we doe solemnly- 



4 Journal of the Legislative Council of Neiv York. [ S 

Declare That we will with our lives and ffortunes support and mantaine the Administracon of 
Yo r Excellencyes Government under their Matyes against all their Matyes Enemyes whatsoever, 
and that we humbly Pray yo r Excellency to accept this as the sincere acknowledgements of all 
their Matyes good Subjects within this their Province Praying for their Matyes long and happy 
Reigne over us And that yo r Excell y may long live and Rule us according to their Matyes most 
Excellent constitution of Governing his Subjects by a Gcnerall Assembly. 

Afterwards he Delivered the same in writing signed by Ord r of the house of Representatives 
James Graham Speaker and the Resolves of that house. 

Vpon Reading this day the Resolves of the house of Representatives and their Address to 
his Excellency thereupon presented to this board, the Governour and Council doe accept the 
same, returne them thanks, Consent and agree therein and desire the Concurrence of 
the Representatives that they may be forthwith published and that Mr Nicolls waite upon their 
house with this minute. 

There was also presented unto this board an Order of the house of Representatives wherein 
they have appointed Johannes Kip, Dirck Wessells, Henry Beeckman, Col Pierson, Cap 
Stillwell, Mr Whitehead, Mr Duxbury and Mr. Pell, or any five of them, to be a Committee 
to Establish the ffees of all the Offices throughout this Province, and that they move the 
Governour and Council that a Committe of the Council be joyned with them and they call to 
their assistance all Persons and Papers that are needfull and to make returne thereof to this 
board munday morning next by Eight a Clock, which was considered & 

Ordered, that Coll "Nicholas Bayard, Steph V. Cortlandt, Chidley Brooke, Will" 1 Nicolls & 
Will 1 " Pinhorne Esqrs, or any three of them, be a Committe of this board to joyne with them 
accordingly and that they call unto to their assistance all person and persons that are needfull, 
and that a copy of this Ord r be Delivered to Johannes Kip by Coll Nich Bayard that they 
may be in readyness to make returne accordingly And that Coll Bayard doe appoint the times 
and places of meeting. 



At a Council held at ffbrt William Henry the 2 2th of Aprill, 1G91. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, \ CHIDLEY BROOKE, ^ 

FFRED. PHILLIPS, ( ^ GABRIEL MONVIELE/,, 

NICH. BAYARD, ( J THOMAS WILLETT, f 1 

STEPH. V. CORTLANDT.) WILL"" PINHORNE, j 

Mr Merritt, Mr Courtlandt, Mr Van Schaick & Mr Politic did waite upon his Excellency and 
Council with the Concurrence of their house to the Publicacon of their Resolves agreed to by 
his Excell and the Council and desire that his Excell will be pleased to Order the publishing 
of them accordingly. 

Ordered, they be forthwith Published by the Mayor of this Citty accordingly. 



At A Council held at ffort William Henry the 13th of Aprill, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

JOSEPH DUDLEY, ) v WILL" PINHORNE, ) v 

GAB. MONVIELE, 5 * THOMAS WILLETT, \ L 

William Pinhorne Esqr is appointed to attend the house of Representatives and to acquaint 
them of the necessity of an Order for the Support of the Judges of Over and Terminer and of the 
Superiour Court in this Province and that they would Please to Remember a former messuage 
from this board referring to Cap 1 Kidd. 



1691.] Henry Slaughter, Esq: Governour. 5 

At A Council held at ffort, Will" Henry the 2th of A prill, 1691. 

PKESEXT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, ~~) WILL NICOLLS, } 

FFRED. PHILLIPS, ( GAB. MONVIELE, ( 

NICII. BAYARD, r J WILL" PINHORNE, f J 

CHID. BROOKE, J THO. WILLET, 3 

Mr John Robinson and Mr Daniel Whitehead from the house of Representatives acquainted 
his Excellency in Council that their house had on the loth Instant agreed to a method for 
settling of Courts of Judicature throughout this Province wherein they had payd that duty to 
their Matyes and to his Excellency as to leave the Commiconateing and appointing of the 
Justices or Judges of those Respective Courts unto his Excellency, which was delivered to 
Mr flarewell who was appointed to doe the Office of the Attorney Generall to their house, but 
as yet is not brought in, and that their house has always had that due regard to any messuage 
that hath come and particularly to that of Cap Kidd ; that they referred the consideracon 
thereof until the Revenue was Established, which has been ever since under the consideracon of 
their house and is now before them. 



At A Council held at ffort William Henry the 27th day of Apr ill, 1691. 

PRESENT His Excellency THE GOVERNOUK, 

FFRED. PHILLIPS, } GAB. MONVIELE, ) F 

NICII. BAYARD, \ Esqrs. THO. WILLETT, > 

STEPH. V. CORTLANDT, ) 

A Bill from the house of Representatives Intituled, A Bill for the Establishing of Courts of 
Judicature for the ease and benefite of each respective City Tovvne and County within this 
Province agreed to by the said house and sent to this board for the Assent of his Excell the 
Govern and Concil, was read. 



At A Council held at ffort William Henry the 28th day of Apr ill, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

FFRED. PHILLIPS, ^ GAB. MONVIELE, } 

KICK. BAYARD, ( P WILL. PINHORNE, > Esqrs. 

STEP. V. CORTLAXDT, f THO. WILLETT, ) 
CHIDLEY BROOKE, j 

A Bill from the house of Representatives Intituled, A Bill for the Settling Quieting and 
Confirming unto the Cityes Townes Mannours and ffreeholders within this Province their Severall 
Grants Patents and Rights Respectively, agreed to by the said house and sent to this board for 
the assent of the Govern and Council, was read. 

A Bill from the house of Representatives Intituled, A Bill for the Quieting and Settling the 
disorders that have lately happened within this Province and for the Establishing and securing 
their Matyes present Government against the like disorders for the future, agreed to by that 
house and sent to this house for the Assent of the Governour & Council, was read. 

Ordered, that Mr. Monviele & Mr Pinhorne doe wait upon the house of Representatives and 
recommend to them the Expediting of a Bill for regulating the Extravagancy of tradesmen 
and labourers wages that work by the day in this Province. 



Journal of the Legislative Council of New York. 



At A Council held at ffbrt William Henry the ^tli of May, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, ^ STEm. V. CORTLANDT, ") 

FFRED. PHILLIPS, > Esqrs. CIIIDLEY BROOKE, > Esqrs. 

NICH. BAYARD, ) GAB. MONVIELE, ) 

A Bill intituled, A Bill for quieting and settling the disorders that have lately happened 
within this Province and for the Establishing and Securing their Matyes present Government 
against the like disorders for the future, is assented unto by the Govern 1 " and Council with these 
Amendments, viz 1 

(from the Crown of England) insteade of (from them) p 1, 1. 8. 

(from their Matyes their heirs and Successors) insteade of (from them) p 2, 1. 5. 

A Bill Intituled, A Bill for Establishing Courts of Judicature for the Ease and benefite of 
each respective City Towne and County within this Province is assented unto by the Governour 
& Council with these Amendments, viz 

That the Supreme Court be Limited to sit Eight dayes instead of five. 

That the appeal from the Supreme Court be to the Governour and Council, instead of the 
high Court of Chancery consonant to their Matyes Lres Patents to the Governour. 

That this Act doe Continue in force during the terme of two years, as in the said Bill, and 
until the end of the sitting of the next session of Assembly after the Expiracon of the sd two 
years. 

A Bill Intituled, A Bill for settling the Militia agreed to by the house of Representatives and 
sent to this board for the Assent of the Governour and Council, Read and assented to with 
those Amendments, viz* 

That the musters of the militia of the Citty and County of N. Yorke be reduced to the same 
number with the musters of the rest of the Countyes. 

And for supply of the troops of horse for the Cityes of New Yorke and Albany it shall be in 
the power of Coll or Chief Officer of each Citty for the time being, whensoever any of the said 
troops shall not Compleate the number of fifty, to present double the number instead of such 
as are dead removed or wanting out of the principall Inhabitants and Gents of the Respective 
Cittyes unto the Governour for the time being who from time to time may list and Order so 
many of them to be of the said Respective Troops as may Compleate the number of fifty for 
their Matyes service and the security of this Province. 

That it be Provided, if the fines shall not amount to a Sume sufficient to defray the Charge 
of the Trophyes the overplus be levyed upon the severall souldiers equally by warrant or 
ord r of the Collonell or Chief Officer of the Regiment troops or Companyes. 

A Bill Intituled, A Bill for the settling quieting and Confirming unto the Cityes Townes 
Mannours & {freeholders within this Province their severall Grants Patents & Rights respectively, 
assented unto by the Govern 1 " & Council with those Amendments, viz 

That as the King is barred so in the last proviso the Subject be also barred his right if he doe 
not Claime the same within the space of five years next after the date of this Bill & Saving for 
Orphans and persons beyond sea &c. 

A Bill Intituled, A Bill for the Enabling each respective Towne within this Province to 
Regulate their fences and highways and make prudentiall Orders for their peaceable & Orderly 
Improvement, agreed to by the house of Representatives and sent to this board for the Assent 
of the Govern 1 " & Council Read & assented unto without Amendment and Coll Bayard Desired 
to Gary back the said five Bills with those minutes of Council in Order to have them agreed to 
by the Representatives, Engrossed & presented to His Excell y to be Enacted. 



At A Council held at ffort William Henry the 6th of May, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, j STEPH. V. CORTLANDT, ) E 

FFRED. PHILLIPS, > Esqrs. CHIDLEY BROOKE, > 

RICH. BAYARD, ) 

The five following Bills were Enacted : 

A Bill for Quieting and Settling the Disorders, &c. 

A Bill for Establishing of Courts of Judicature, &c. 

A Bill for Settling the Militia. 

A Bill for Settling quieting and Confirming, &c. 



1691.] Henry Slaughter, Esq: Governour. 7 

A Bill for Enabling each respective Towne within this Province to Regulate their fences, &c. 

An Address to their most Excellent Mutyes from the Govern , Council and Representatives 
of this Province, Read before His Excell the Governour Council and the Representatives of this 
Province here present, was first signed by His Excye the Governour, then by the severall 
members of the Council and afterwards by the Speaker and the severall Representatives to be 
dispatched forthwith to their Matyes. 



At A Council held at ffort William Henry the Eighth of May, 1691. 

PRESENT His Excellency THE GOVEUNOUR, 

Jos. DUDLEY, ) CHIDLEY BKOOKE, ^ 

FFRED. PHILLIPS, ( v WILL. NICOLLS, C T? 

Nicn. BAYARD, ( L WILL- PINHORNE, f * 

SXEPII. V. CORTLANDT, J TlIO. WlLLETT, J 

Mr Pell, Mr Wessells, Alderman Kip, Mr Howell, Mr Whitchead, Mr Poling, Cap Demyre, 
Mr Ranslaer and Mr Uuxbery attended His Excellency in Council and Read an address and 
Report of their house wherein they doe Complain that their Bills are delayed for want of the 
Attorney General 1 to assist them in the drawing of them. 

His Excellency Expressed himself Concerned that the business of that house should be 
retarded, told them that he had appointed the Attorney Generall to attend them and that he 
suffered him not to goe to Boston without their leave, that he believed it was the businesse of 
that house to Draw their own Bills but that he would advise concerning the same and 
notwithstanding would take care all help should be given them. 

A Bill Declaring what are the Rights and Priviledges of their Matyes Subjects Inhabiting 
within their Province of New York, from the house of Representatives, was read. 

Mr Courtlandt and Mr Brooke are desired to report unto the house of Representatives that 
His Excellency and Council are very sensible of their Industry in their Matyes and the 
Countryes service ; That His Excellency and Council hath been ready at all times to pass their 
Bills and that since the method of drawing of Bills is misunderstood, a Conference be had 
thereupon to morrow morning at Eight of the Clock. 



At A Council held at ffort William Henry the 9th of May, 1691. 

PRESENT His Excellency THE GOVERXOUR, 

Jos. DUDLEY, "^ WILL"" NICOLLS, 

NICH. BAYARD, / WILL PINHORXE, 

STEPH. V. CORTLANDT, b-Esqrs. GAB. MONVIELE, 

CHIDLEY BROOKE, C THOMAS WILLETT, 
WILL SMITH, } 

Mr Speaker, Mr Wessells and Mr Pell on behalfe of the house of Representatives did returne 
thanks unto his Excellency and Council for their great readiness at all times to passe such Bills 
as have been recommended to them and did offer to Conferr concerning the method of drawing 
of Bills. 

Ordered, that Coll Dudley, Coll Bayard and Mr Nicolls be a committe of this Board 
appointed to meet with a Committe of the house of Representatives to be appointed to settle 
a method for Expediting and Examining y e business of this Sessions of the Assembly, and that 
they sit at Mr Matthews at 2 of the Clock of the afternoon this day and that Mr Monviele doe 
forthwith waite upon, the house of Representatives to acquaint them thereof. 



Journal of the Legislative Council of New York. 






^4# ^4 Council held at ffort William Henry the llth of May, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, } CHIDLEY BROOKE, ) 

FFRKD. PHILLIPS, r WILL SMITH, > Esqrs. 

NICH. BAYARD, J GAB. MONVIELE, S 

STEPH. V. CORTLANDT, j 

A Memorial! relating to the Revenue received and due by the former Acts, Delivered to this 
Board by Chidley Brooke Esqr Col r , Read and Onlrrcd, that it be presented to the 
Representatives by Steph. Van Courtlandt and the said Coll r for their Consideracon. 

Mr Courtlandt and Mr Merritt waited on liis Excellency in Council and gave the humble and 
hearty thanks of the house of Representatives lor the Great care he takes in preserving the 
peace and quiet of this Province, and to desire him to appoint the Council to Confer with their 
house upon what was recommended to their Consideracon. 

Mr Pinhorne sent to acquaint their house that His Excell & Council are in readynesse to 
receive them in ord r to the said Conference. 



At A Council Iteld at ffort Will " Henri/ May y e 12th, 1691. 

PRESENT Ills Excellency THE GOVERNOUR, 

Jos. DUDLEY, } WILL. PINHORNE, "} 

FFRED. PHILLIPS, f F WILL. NICOLLS, f 

NICH. BAYARD, ( L THO. WILLETT, ? 1 

STEP. V. CORTLANDT, } COLL. SMITH, j 

A Bill Declaring what are the Rights and Priviledges of their Matyes Subjects inhabiting 
within this Province of New Yorke, Assented unto by the Govern/ and Council with these 
Amendments, viz 
. That five be instead of seaven a Quorum of the Council. 

Freeholders to have Estate of ffreehold of fburty shill. 

In the Clause concerning Baile to add, According to Laws & Customs of the Realmc of 
England. 

In the Clause of Billeting to add, Excepting Innholders and other houses of publick 
Entertainment who are to quarter for ready money. 

In the Clause Concerning Liberty of Conscience, Provided allways that nothing herein 
menconed or Contained shall Extend to give liberty for any persons of the Romish Religion to 
Exercise their manner of worship Contrary to the Laws and Statutes of their Matyes Kingdome 
of England. 

And Coll Bayard Ordered to cary back the said Bill to the house of Representatives with the 
minute of those amendments for their Concurrance thereunto, in order to its being presented to 
the Governour to be Enacted. 



At A Council held at ffort William Henry May the 13th, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, 1 } CIIIDLEY BROOKE, G } 

FFRED. PHILLIPS, 2 (_, WILL. SMITH, 5 f v 

NICH. BAYARD, 4 ?* WILL. PINHORNE, 8 f* 

STEP. V. CORTLANDT, 3 } Tno. WILLETT, 7 J 

A Bill for the Defraying the Publique and necessary Charge throughout this Province and 
for mantaining the Poor and preventing of vagabonds Read, Assented unto by the Govern 
& Council, Ordered to be Enrolled & Enacted. 

A Bill for the Allowance of Representatives Read, Assented unto by the Governour and 
Council and Ordered to be Enrolled & Enacted. 

A Bill for the Raising and Levying of two thousand pounds for paying and defraying the 
Incidentall Charges according to Establishment of one hundred fusileers with their Oilicers for 
one whole year, Read, Assented unto by the Governour and Council and Ordered to be Enrolled 
& Enacted. 



1691.] Henry Slaughter, Esq : Governour. 9 

A Bill to Enable the Citty and County of Albany to Defray their necessary Charge, Read, 
assented unto by the Governour and Council and Ordered to be Enrolled and Enacted. 

A Bill Declaring what are the Riahls & Priviledges of their Matyes Subjects inhabiting 
within this Province of New Yorke, Read, Assented unto by the Governour and Council with 
the Amendments inserted & Ordered to be Enrolled and Enacted. 

Ordered, that Coll Willet doe forthwith attend the house of Representatives with the said five 
Bills and acquaint them that they are passed. 



At A Council held at ffort William Henry, May the llth, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, 1 "} WILL. SMITH, 4 



FFRED. PHILLIPS, 2 ( WILL. NICOLLS, 7 > Esqrs. 

NICH. BAYARD, 3 f L GAB. MONVIELE, 5 ) 

CHIDLEY BROOKE, G j 

A Bill for the Establishing A Revenue for the Defraying the Publick Charge of the Province, 
Read and assented unto by the Governour and Council with the Amendments following, viz . 

To be added to the clause of Repayment for Exported wines and liquors: That the Exporter 
make Oath in the Custome house that the whole duty hath been payd for the said wines and 
liquors at their Importacon; That there hath been noe fraud or mixture used to Increase the 
said Liquors to be Exported, and that thereupon he bring a Certificate from the Surveyor or 
Searcher that the said wines or Liquors are accordingly shipt. 

Ordered, That Mr Pinhorne forthwith waite upon the house of Representatives with the s d 
Bill and Deliver it and this minute for their Concurrance in order that it may be Enrolled and 
Enacted. 



At A Council held at ffort William Henry, the 15th day of May, 1691. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, 1 ~\ CHIDLEY BROOKE, G } 

FFRED. PHILLIPS, 2 VT WILL. NICOLLS, 7 f v 

NICII. BAYARD, 4 / J WILL. PINHORNE, 8 f J 

STEP. V. CORTLANDT, 3 j GAB. MONVIELE, 5 j 

The house of Representatives attended His Excellency and Council & Mr Speaker in the 
name of the house Recommended to His Excellency and Council that a Proclamacon issue forth 
for the Returne of all such who have deserted their habitacons and to assure them of the ff ree 
and full proteccon of their Matyes Laws and Government. 

A Bill to Enable his Excellency to Defray his Extraordinary Expense and to Indempnify the 
Collector and Receiver Generall for the Receipt of severall sumes of money on pretense of 
Customes and Duty, read. 



At A Council held at ffort William Henry, the 16th of May, 1691. 

PRESENT His Excellency THE GOVERNOCR. 

FFRED. PHILLIPS, 1 ^ GAB. MONVIELE, 4 } 

NICH. BAYARD, 3 ( -p, WILL. NICOLLS, 5 >Esqrs. 

STEP. V. CORTLANDT, 2 r- tjS 1 rs THO. WILLETT, G ) 
WILL. PINHORNE, 7 J 

A Bill Intituled, A Bill to Enable His Excellency to Defray his Extraordinary Expense and 
to Indempnify the Collector and Receiver Generall for the Receipt of severall sumes of money 
on pretence of Custome and Duty, Read, assented unto by the Governour and Council & Ordered 
to be Enrolled and Enacted. 

A Bill for the Pardoning such as have been Active in the late Disorders, &c., Assented unto 
by the Governour and Council and Ordered to be Enrolled and Enacted. 

2 



10 Journal of the Legislative Council of New York. [ ^ ^H\ 

A Bill Entitled, A Bill for the Establishing a Revenue for the Defraying the Publick Charge 
of the Province, Assented unto by the Governour and Council and Ordered to be Enrolled & 
Enacted. 

His Excellency and Council having sent for the house of Representatives are Resolved to goe 
in solemne manner to the Citty hall and there Publish such Acts as are already passed or so 
many of them as the time will permitt. 



At A Council held at ffort William Henry, the 18th of May, 1691. Antemeridiem. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, ~) WILL. NICOLLS, ~\ 

FFRED. PHILLIPS, / WILL. PINIIORNE, ( E g 

NICH. BAYARD, S> Esqrs. GAB. MONVIELE, 

STEP. V. CORTLANDT,C THO. WlLLETT, J 

CHIDLEY BROOKE, j 

Vpon Reading the Peticon of severall Merchants Inhabiting the City of New Yorke, called 
Quakers, 

His Excellency being satisfyed of the former Customes of this Province, signed and passed A 
Bill to Ease people that are scrupulous in Swearing, and Desire Thomas Willet Esqr to Cary 
the same to the house of Representatives, to acquaint them thereof, which was done accordingly. 

A Proclamacon for calling back such as through fears and Jealousyes have deserted their 
habitacons and to Assure them of freedome and Liberty from unlawfull and vexatious suites, 
with an Addition to be inserted, was recommended to the Assembly for their Concurrance. 

His Excellency and Council attended with the Representatives, Resolved to goe to the Citty 
hall and Publish the Act of the Libertyes of the People in this Province & the Act of the 
Revenue. 

ffred. Phillips Esqr, Coll Bayard, Maj r Monviele & Chid Brooke Esqr are appointed A 
Committe to Joyne with a Comitte of the house of Representatives to be by them appointed 
to Consider the affair of the Weighhouse. 

Postmeridiem. 

PRESENT His Excellency THE GOVERNOUR, 

Jos. DUDLEY, ^ STEP. V. CORTLANDT, ^ 

FFRED. PHILLIPS, > Esqrs. CHIDLEY BROOKE, > Esqrs. 

NICH. BAYARD, ) WILL. PINHORNE, ) 

His Excellency sent for the Representatives who waited upon him and Council. 

His Excell was pleased in the first place to returne them thanks for their good services done 
to their Matyes ; next for the care they had taken of this Province and lastly for their kindnesse 
towards himselfe. Then Coll. Dudley by His Excellencyes Command signifyed to them 

That His Excellency was Pleased to adjourne the Assembly till the second tuesday of 
September next and desired that the Speaker Mr Graham would Adjourne their house accordingly, 
and said His Excell was sensible they have many good things before them and therefore was 
rather inclined to adjourne then Prorogue them, that nothing might hinder their good Intentions. 

Adjourned till the 2 d tuesday of 7 ber next ensuing. 



1691.] Richard fngoldesby, Commander in Chief. 11 

THE SECOND SESSIONS OF THE 1 ASSEMBLY. 

Att A Council held at jjbrt William Henry, the llth of September, 1691. 

PRESENT The COMMANDER IN CHIEFE, 

JOSEPH DUDLEY, } STEPH. V. COURTLANDT, ) E 

FREDRICK PHILLIPS, > Esqrs. CHIDLET BROOKE, 5 

NICH. BAYARD, S 

Alderman Kip, & Capt Demyer from the house of Representatives attend this Board to know 
what businesse iliis board hath to lay before them for the service of their King and Countrey. 

Coll Bayard & Chidley Brooke Esqrs are desired to returne the thanks of this board to the 
house of Representatives for their readynesse &c. and to acquaint them that the first thing offered 
to their Consideracon is the maintainance & support of the frontiers at Albany the winter 
ensuing which in Our Opinion requireth a more Considerable force than what is already provided. 

And that Maj r Schuylers Expedicon to Canida which hath proved very succesfull hath cost 
above Elevin hundred pounds, the Accounts whereof shall be presented to their house if 
Desired, that this Charge is more than what can be supported by the present Revenue and that 
they Consider of some methods of raising money for Defraying the Extraordinary Charges of 
this Government Occaconed by the Warr. 



Att A Council held at ffbrt William Henry, the 25th of September, 1691. 

PRESENT The COMMAND IN CHEIFE, 

Jos. DUDLEY, ^ NICH. BAYARD, ^ 

FFRED. PHILLIPS, > Esqrs. CHIDLEY BROOK, > Esqrs. 

STEPH. V. COURTLANDT, ) THOMAS AVILLETT, ) 

Coll Pierson and Mr Van Schaick from the house of Representatives attended this board with 
a Bill Intituled, A Bill for the regulating of Damages done in the time of the late Disorders 
and for the uniteing the minds of their Matyes Subjects within this Province and for Calling 
home such of their Matyes Subjects as have lately absented themselves from their habitacons, 
&c., agreed unto by their house, 

Which was read the first time. 

Vpon Reading the Peticon of the Representatives of the County of Albany with an Account 
of Disbursements &c. for the Defence thereof before the late Govern" Arriveall and sence the 
Revolution ; 

Alsoe the Returne of A Comitte of the Representatives to a Certaine Order of the house of 
Representatives thereupon, 

Ordered, that the said Peticon and Account be sent to the house of Representatives and that 
they be Desired to signify to this board their Order thereupon. 

Vpon Reading the Peticon of sundry Merchants of the City of New Yorke wherein they 
propose severall things to be done for the Advantage of their Matyes Revenue and the Trade 
and Navigacon of this Province, 

Ordered, that Coll Courtlandt and Chidley Brooke Esqrs doe cary the said Peticon to the 
house of Representatives and acquaint them that the Command 1 " in Cheife & Council doe 
recommend the sd Peticon to the Consideracon of that house as a thing very much Deserving 
their Care. 

Mr Merritt from the house of Representatives presented A Bill for the Regulating the 
buildings, streets, lanes, wharfs, docks & alleys of the Citty of New Yorke, and A Bill to 
Divide this Province and Dependancyes into Shires & Countyes, which were both read. 

Postmeridiem. 

PRESENTIBUS lisdem. 

Vpon Reading of the Peticon of Coll Willett, Cap Webb, Cap Lockkart &c. 
Ordered, the sd Peticon" be referred to the house of Representatives and the peticon presented 
to the sd house by Coll Courtlandt & Chidley Brooke Esqr. 

The three Bills presented from the house of Representatives were read the second time. 



12 Journal of the Legislative Council of New York. [ JJs 



Alt A Council held att fort William Henry, the 26th of September, 1691. 

PRESENT The COMMAND IN CHEIFE, 

Jos. DUDLEY, } NICH. BAYARD, ^ 

FFKED. PHILLIPS, > Esqrs. CHIDLEY BROOKE, > Esqrs. 

STEPH. V. COKTLANDT, ) Tuo. WILLETT, ) 

The Bill for Dividing the Province into Shires & Countyes Read the third time, is Consented 
unto by this board with the following Amendments, viz : 

Nutten Island and the three Oyster Islands to be added to the County of New Yorke. 

In Lin. 2 p. 2, instead of Extends, to be added (at present extends). 

The 2 Brothers and Huillett Islands to be added to Q.ueens County. 

The Bill for the Regulating the Buildings, Streets, Lanes, Wharfs, Docks and Alleys of the 
Citty of New Yorke, being Read the third time, is assented unto by this beard with 
the following Amendments, viz : 

Provided any Difference now Depending between the Mayor, Aldermen and Comonalty of 
this Citty and any ffreholder therein be left to the Decision of this board or a Committe thereof 
for that purpose. 

And that the other clauses Concerning buildings, Streets, Lanes, &c., be, of future surveys 
and Grants of Lands now belonging to the said Citty. 

The Bill for the Regulating of Damages &c. being read the third time, was assented unto by 
this board with the Amendments following, viz : 

Provided instead of Deceased, be added, late attainted & Executed. 

That the Judgements Obtained before the publishing of the Proclamacon to avoid vexatious 
suites stand firme and good. 

That Cap Jacobus V. Courtlandt be Chairman, instead of John Laurence and Mr Thomas 
Codrington be instead of Verffieck Commissoners of the Citty & County of N. Yorke. 

That Injured persons beyond seas be barred from Claiming after one year, and the power 
of the Commisoners to Determine in One month after. 

That the Persons standing out not beyond seas be obliged to returne within four months. 



Att A Council held att fort William Henry, the 28th of September, 1691. 

PRESENT The COMMANDER IN CHEIFE, 

Jos. DUDLEY, ~\ CHIDLEY BROOKE, ^ 

FFRED. PHILLIPS, ^, GABRIEL MONVIELE, > Esqrs. 

STEPII. V. CouRTLANDT.r THOMAS WILLETT, ) 
NICH. BAYARD, j 

Vpon Reading the Addresse of the house of Representatives setting forth their sence of the 
Displeasure of Almighty God for their manifold sinns by the blasting of their corne &c. 

Ordered, that the first Wednesday in every month untill the month of June following be 
Observed and kept a fust day and that Proclamacon be issued throught the Government to 
Enjoyne the strict Observacou thereof and that all persons be inhibited any servile labour on 
the said dayes. 

Major Monviele to Gary this minute to that house. 



Att A Council held at ffort William Henry, the 29th of September, 1691. 

PRESENT The COMMANDER IN CHEIFE, 

Jos. DUDLEY, } MAJ F MONVIELE, ) ^ 

NICH. BAYARD, > Esqrs. THOMAS WILLETT, ) S( ^ rs 

CHIDLEY BROOKE, ) 

,. The house of Representatives having agreed to the Amendments of this board in the Bill for 
Regulating the Damnges &c., the same was Enacted. 

Ordered, the Bill for regulating the buildings, Streets, lanes, wharfs, &c., be sent back to the 
house of Representatives and that they be acquainted that the Commander in Cheife & Council 
doe not consent to it in manner and forme. 



1691.] Richard In goldesby, Commander in Chief. 13 

Chidley Brooke Esqr and Coll Willett desired to acquaint the house of Kepresentatives 
concerning the sd two Bills. 

The house of Representatives sent a report of a Committe of their house for the auditing of 
a Roll or Account of publick Rates due to Mr Merritt & others, amounting to the sume of four 
hundred, twenty-six pounds, seventeen shillings and four pence (which report they did approve 
of) for the approbacon of this board. 



At A Council held att ffort William Henry, the 30th of September, 1691. 

PRESENT The COMMANDER IN CHEIFE, 

Jos. DUDLEY, ~\ CHIDLEY BROOKE, ) 

FFRED. PHILLIPS, -p GAB. MONVIELE, > Esqrs. 

STEPH. V. COURTLANDT,^ THOMAS WILLETT, ) 
NICII. BAYARD, } 

Vpon Reading the Peticon of the Merchants of New Yorke referred by the house of 
Representatives to this board, 

Ordered, A Proclamacon be forthwith issued prohibiting the Exportation of wheate from this 
Province and Dependancyes. 

A Bill for Raising one hundred & fifty men for the Defence of Albany for six months, read 
the third time & Enacted. 



At A Council held at ffort William Henry, the first of October, 1691. 

PRESENT The COMMANDER IN CHEIFE, 

Jos. DUDLEY, ^ CHIDLEY BROOKE, } 

FFRED. PHILLIPS, ( -^ GABRIEL MONVIELE, > Esqrs. 

STEPH. V. CORTLANDT, ? THOMAS WILLETT, ) 
NICH. BAYARD, j 

The Bill for Dividing this Province & Dependancyes into Shires and Countyes, Enacted. 

Coll Willett Desired to acquaint the house of Representatives of the Resolution of this board 
to publish the three Acts passed this session and the two Proclamacons Referring to the fast & 
Prohibiting the Exportacon of wheat in grain out of this Province, this forenoon in Order to 
the adjournment of the Assembly unto the third tuesday of April next, being the ninetenth 
day thereof, which they Judge a Convenient time for the next session. 

The Bill for regulating the buildings, streets, Lanes, Wharfs, &c., of the City of N. Yorke 
with the Amendments agreed to by the house of Representatives this day passed this board & 
Enacted. 



At A Council held at ffort William Henry, the Id of October, 1691. 

PRESENT The COMMANDER IN CHEIFE, 

Jos. DUDLEY, ) v STEPH. V. COURTLANDT, ) 

FFRED. PHILLIPS, $ THOMAS WILLETT, f L 

An Account of the Expedicon for Albany under Coll Dongan audited by a Committe of the 
Representatives, and their Report thereon being read, 

Ordered, that said Report be referred till the next sessions of the Assembly and in the mean 
time Copyes thereof be allowed to Coll Dongans Attorneyes that they may have liberty to 
Object against the same. 

The Commander in Cheife & Council having under Consideracon the Remaining part of the 
Rate raised for defraying the Charge of the Expedicon to Albany und r Coll Dongan standing 
out, amounting to Elevin hundred twenty-nine pounds three shil. and six pence, Judge it 
Reasonable the same should be payd to the Officers Concerned and that it will be requisite a 
Bill be prepared this or the next Sessions for that purpose. 



14 Journal of the Legislative Council of New York. [ sJstS . 

Vpon Applicacon made by the Representatives of Albany and Esopus concerning a great 
benefite and advantage to the Revenue and trade of this Province by settling of Commerce 
with the Farr Indians as well as to Continue a peace with them, 

Ordered, That the Magistrates of Albany and Esopus doe suffer six Christians from Albany 
and six from Sopus to accompany twenty-five Indians and noe more to proceed on the said 
march least our frontiers should be weakened And that the said Magistrates doe give them 
instruccons of their manner of Treaty & time of Returne, which they are to Observe. 

The Commander in Cheife Adjourned the Assembly untill the third tuesday in Aprill next, 
being the Ninteenth. 



THE THIRD SESSIONS OF THE ASSEMBLY. 
Att A Council held at ffort William Henry, the 20th of Aprill, 1692. 

PRESENT The, COMMANDER IN CHEIFE, 

Jos. DUDLEY, ^ NICH. BAYARD, } 

FFRED. PHILLIPS, > Esqrs. CHIDLEY BROOKE, 2 > Esqrs. 

STEPH. COURTLANDT, } GAB. MONVIELE, 1 ) 

- Maj r Merritt and Cap Wessells came to acquaint his Honour and Council that now they were 
a full house and were ready to receive the Commands of this board for their Matyes service. 

Whereupon Coll Courtlandt and Chid Brooke Esqr were desired to waite upon the 
Representatives and acquaint them that His Honour & Council were ready to receive them who 
came. 

Jos Dudley Esqr. did signify unto them that the provision formerly made for the Defence of 
Their Matyes ffrontier Garrison at Albany is to be at an end the first of May next, that by the 
Blessing of God what provision they have formerly made hath proved successful!, that so soon 
as we shall have notice of the arriveall of any Govern 1 " to our neighbouring Colonyes from the 
Crowne, Care shall be taken to represent the great hardship upon this poor Province in raising 
and mantaining of a sufficient force for the Defence of that Garrison and the great interest arid 
benefitt that doth accrue to all our neighbours thereby as well as the Honour and interest of 
their Matyes Crowne which is very much concerned in the Defence thereof, to Excite their 
aid and assistance, in the meantime it is chief business the Commander in Cheife and Council 
have to lay before you to make further speedy provision for the reinforcement of Albany. 

Ordered, that pursueant to the promise of this board this clay to the Representatives of this 
Province, Lres be prepared to be sent to Maryland, Virginea, Pennsilvania, & Boston 
accordingly. 

Adjourned till morrow morning. 



At A Council held at ffort Will Henry, the 21th of Aprill, 1692. 

PRESENT The COMMANDER IN CHEIFE, 

Jos. DUDLEY, ~\ GAB. MONVIELE, ~N 

FFRED. PHILLIPS, / CHID. BROOKE, / 

STEPH. COURTLANDT ,> Esqrs. THO. WILLETT, > Esqrs. 

NICH. BAYARD, V THO. JOHNSON, C 

WILL SMITH, J JOHN LAURENCE,,) 

Mr Robinson & Maj r Beeckman from the Representatives did attend this board to desire a list 
of the forces that have been employed for the securing of the frontiers at Albany and an 
Account of the Incidentall Charges. 

Who were answered, that the Commissary was in Towne and the list of the forces & Account 
of the incidentall Charges should be forthwith prepared for their perusall. 

Adjourned till morrow morning. 



1692.] Richard Ingoldesby, Commander in Chief. 15 

At A Council held at ffort William Henry, the 22th of Aprill, 1692. 

PRESENT The COMMANDER IN CIIEIFE, 

Jos. DUDLEY, ~\ CHID. BROOKE, "} 

FFRED. PHILLIPS, / THO. WILLETT, (^ p, 

STEPH. COURTLANDT, > Esqrs. THO. JOHNSON, > J1 S( l rs 

NICH. BAYARD, \ JOHN LAURKNCE, j 

GAB. MONVIELE, J 

Mr Pell and Air Van Schayck waited upon this board to signify that the house of 
Representatives could not proceed untill they had the list of the Fusileers employed at Albany with 
the Account of the Incidentall Charges that have accrued thereon ; which was again immediately 
ordered to be dispatched. 

Coll Courtland, Coll Bayard & Chid Brooke Esqr are appointed a Committe forthwith to 
auditt the Accounts of the 3 Comp" of fusileers late at Alb. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 23th of Aprill, 1692. 

PRESENT The COMMANDER IN CIIEIFE, 

Jos. DCDLEY, ~\ WILL SMITH, 

FFRED. PHILLIPS, f ^ GAB. MONVIELE, 

STEP. COURTLANDT,? J Tno. WILLETT, 

NICH. BAYAHD, J THO. JOHNSON, 

Coll Bayard and the rest of the Committe appointed to audite the Accounts of the three 
Companyes of fusileers, gave their returne under (heir hands which was read and approved and 
Coll Willett desired to Deliver the same to the Representatives in order to their proceeding for 
the reinforcement of Albany. 

Adjourned till Monday morning. 



At A Council held at ffort William Henry, the 27th of Aprill, 1692. 

PRESENT The COMMANDER IN CIIEIFE, 

FFRED. PHILLIPS, ) CHID. BROOKE, ^ 

STEPH. COURTLANDT, r WILL NICOLLS, ( r 

NICH. BAYARD, f J THO. WILLETT, f J 

GAB. MONVIELE, j JOHN LAURENCE, J 

M r Courtlandt and M r Van Schayck from the house of Representatives having presented to 
this board the Report of A Committe of their house upon the audite of the Accounts of the 
three Companyes of fusileers wherein they disallow of Sundry Charges which were approved 
off by the Council, 

Ordered, that Coll Courtlandt Coll Bayard Lt Coll Monviele & Chidley Brooke Esqr be a 
Committe of the Council appointed to Confer with the Committe of the house of Representatives 
Vpon the Charges Controverted. 

This board having under Consideracon that by the Act of Assembly for the 150 fusileers now 
at Albany they are to be discharged on the first of May next and that the new levyes cannot 
arrive at Albany in lesse then four weeks in which time the garrison remaineth unprovided and 
may be assaulted and destroyed by the Enemy. 

Resolved, it is Convenient, On Consideracon that many of the fusileers are farmers sons and 
planters who suffer great inconveniencyes at home as well as the hardships abroad in the service 
and that the Commander in Cheife for their Encouragement did promise when they went up the 
river they should be punctually disbanded with their pay on the first of May for the present 
support of that Guarrison That every fusileer who will voluntarily remaine at Albany in armes 
One month next after the first of May following be payed a IPs of |- in hand and have his full 
pay for the sd month and be discharged at the Expiracon thereof & the Officers to have their pay 
Continued the sd month. 



16 Journal of the Legislative Council of New York. [ JfsiSoa 

Ordered, Coll Courtlandt to advise the house of Representatives of this Resolution for their 
Consent. 

Mr Van Schayck and Mr Ranslaer from the house of Representatives doe returne that they 
approve of the Resolution of this board concerning the Continual on of the fusileers at Albany 
one month until the new forces for the reinforcement of that Garrison can be there, and pray 
that it may be put in Execution accordingly 

Jacobus Courtlandt, John Pell, William Demyre &c did waite on this board with a Bill from 
the house of Representatives intituled, A Bill for the raising of two hundred men with their 
proper Officers for the securing and Reinforcing of Albany in the {Frontiers of this Province, 
which was read the first time. 

Adjourned till afternoon. 

Postmeridiem. 
PRESENT The COMMANDER IN CHEIFE, 

FFRED. PHILLIPS, } GAB. MONVIELE. ^ 

STEPH. COURTLANDT, > Esqrs. CHID. BROOKE, > Esqrs. 

NICH. BAYARD, ) TIIO. WILLETT, ) 

The Bill of the 200 men read the second time. 

This board finding that the money to be raised by the said Bill falls short of the pay of the 
200 men with their propper Officers besides the necessary incidental! charges that must accrue, 

Ordered, that Coll Courtlandt, Coll Bayard, Liev Coll Monviele, Chidley Brooke & William 
Nicoll Esqrs be a Committe of the Council to signify the same unto the Representatives and to 
have a Conferrence thereon and of some other amendments in the said Bill, with a Committe of 
their house to be thereunto appointed. 

Adjourned till to-morrow morning. 



At A Council held at ffort William Henry, the 28th of Aprill, 1692. 

PRESENT The COMMANDER IN CHEIFE, 

FFRED. PHILLIPS, ~\ WILL NICOLLS, } 

STEPH. COURTLANDT, ( ^, . TIIO. WILLETT, > Esqrs. 

NICH. BAYARD, JOHN LAURENCE, ) 

GAB. MONVIELE, J 

This board having under Consideracon the Act intituled, An Act to Enable his Excell &c. 
doe recommend unto the house of Representatives to prepare an Explanatory Bill thereof and 
particularly of that part which relates to the Customes of the months of May and June 1GS9, 
and that provision may be made that it be converted to the use formerly intended, viz , for the 
defraying the Charges of the City, fortifieacons, & Coll Bayard Desired to waite upon them with 
this Recommendacon. 

Mr Duxbury brought in a Bill from the house of Representatives for destroying of Wolves 
which was read the first time. 

Adjourned till 9 a clock next morning. 



At A Council held at ffort William Henry, the 29th of Aprill, 1692. 

PRESENT The COMMANDER IN CHEIFE, 

FFRED. PHILLIPS, ^ GAB. MONVIELE, 

STEPH. COURTLANDT, V Esqrs. THO WILLETT, 

NICH. BAYARD, ) 

Coll Nich Bayard Chairman of a Committe of both house appointed to Confer upon the Bill 
for the raising of two hundred men &c, gave in their report, which was read and approved of 
and Ordered the Amendments and the addicyns therein be annexed to the Bill and that Coll 



1692.] Richard IngoZdesby, Commander in Chief. 17 

Courtlandt doe deliver the same to the house of Representatives for their consent and approbacon, 
that it may be amended accordingly and forthwith Enacted. 

The Bill for destroying of Wolves being read the second and third time \vas Consented unto 
by the Comman<T in Cheife & Council without Amendment, and Ordered to be Enrolled and 
Enacted. 

Coll Bayard Chairman of the Committe appointed by both houses to Con r err of the Charges 
of the three Companyes of fusileers in regu^rd of the Shortnesse of time on behalfe of the said 
Committe, prayed it might be delayed till the next Sessions of the Assembly. 

Which is agreed unto by this board. 

Coll Xich Bayard alsoe on behalfe of the sd Committe Offers a propnsall to have some of the 
troops of Militia, horse broake for some time that they may be Obliged to serve on foot for the 
ease of the poorer sort of people. 

Wliich proposal! was Ordered to be recommended to the house of Representatives for their 
Consideracon that some method may be found to make them lyable to Detachment for Albany 
in foot service notwithstanding any clause in the Act of the Militia to the Contrary. Coll 
Willett to acquaint the Representatives thereof. 

Jacobus Van Courtlandt & Maj r Merritt presented unto this board an Address from the 
Representatives to the Commander in Cheife & Council for an order to the Officers of ihe 
Government to take moderate {Fees for their services until a regulacon be agreed upon, which 
was read. 

Adjourned till 4 a clock afternoone. 

Postmeridiem. 

PRESENT The COMMANDER in CHEIFE, 

FFRED PHILLIPS, i GAB MONVIELE, > v sars 

STEP COURTLAXDT, > Esqrs. THO WILLETT, > J 

NICH BAYARD, ) 

Alderman Kipp, M r Ranslaer, C.ip Demyre, M r . Dorland & Mnj r Merritt returned the Bill for 
the raising of two hundred men, unto this board with the minute of the house of Representatives 
containing their Consent to the additions & amendments in the said Bill, it being amended 
accordingly. 

The said Bill being read the third time was Ordered to be Enrolled and Enacted. 

O nk red, that Leiv 1 Coll Monviele doe acquaint the house of Representatives that the Bill 
for the raising of the 200 men, as amended and approved off by them when last returned, is 
Ordered to be Enrolled and Enacted. 

And that the Peticons and Addresse of the Committes concerning the fees are taken unto 
further advisement, and thiit they attend this board in order to be adjourned. 

The house of Representatives having desired a Committe of the Council may be appointed to 
Examine into the State of the Revenue sometime before the next Sessions of Assembly, being 
joyned with a Committe of their house that some effectuall Care may be taken to remedy its 
being for the future Exhausted, 

Oidcrcd, that Coll Courtlandt, Coll Bayard L Coll Monviele & Chidley Brooke Esqr be a 
Committe for that End, to joyne the Committe of the house of Representatives to be thereunto 
appointed. 

The Commander in Cheife showed unto the Representatives some L res of intelligence come 
from Albany, wherein is set forth an urgent necessity to preserve & Confirme the Indians, and let 
them to understand that he believed himself obliged forthwith to goe thither in person and desired 
they would Consider of some Expedient to procure Creditt for live or six hundred pounds, the 
Revenue being Exhausted by the great and manifold Charges accruing during the Warr, and 
the trade being much decreased. 

So many of the Representatives as were present being tenne and the Speaker, did returne under 
their hands Representing that their present number and Circumstances could not admit of a 
suitable Remedy, but that it is their Opinion that a Creditt should be raised for a present to the 
Indians and that if upon Examinacon by the Committes of both houses they did find the Revenue 
insufficient to Defray the same, they will Establish a propper fund to satisfy the said Creditt, 
with the interest that shall arise thereon, the next Sessions of the Assembly. 

The Commander in Cheife gave thanks to the house of Representatives for what Care they 
had taken in the reinforceing of Albany, and Adjourned the Assembly till the third tuesday of 
August next Ensuing being the IGth of that Mouth. 



18 Journal of the Legislative Council of New York. 






THE FOURTH SESSIONS OF THE 1 ASSEMBL^. 

At a Council held at ffort William Hcnn/, the 17 tit of August, 1G92. 
PBESENT The COMMANDER IN CIIEIFE, 

FFUED PlIILLIPS, ~) ClIIDLEY BROOKE, 



?CIIIDLEY BROOKE,^ 
-v WILL" NICOLLS, f *-, 

( Es( l rs - THO. JOHNSON, 

GAB. MONVIELE, j JOHX LAURENCE, 



STEP!!. CORTLANDT, VTT. n lui, ^H.UL.L.O, i v 

NICH. BAYARD, C* THO. JOHXSON, <** 



Maj IIowcll & Capt Whitehead waited upon tliis board from the house of Representatives to 
know what business is to offered for their Maties service. 

Resolved, that Coll Bayard and Chidley Brooke Esqr doe waite upon the house of Representatives 
to returne the thanks of this board for their readynesse and to acquaint them that the Commander 
in Cheife and Council doe now waite their presence to receive what they have to offer for their 
Maties service. 

Pursuant to an order of Council of the 14th of July, 1G92, the Committe appointed to examine 
the Condicon and State of the Revenue and what may be propper to be Offered to the 
Representatives for their Maties service made their returne, the matter whereof was that to 
defray the debts of the Government already contracted and for the necessary Charge of the 
Defence of Albany the Winter ensuing, there will be 750() required to be forthwith raised 
which they believe propper to be offered to their consideracon. 

Tne Representatives attended the Council board as desired and the Commander in Cheife 
made the following speech to them vh l 

Gcntl. I did Expect before this time to have mett with the settlement intended by their 
Maytes for this Governm 1 , but that being not yet arrived the Care thereof continues still with 
me. I doe therefore acquaint you that by the advice of the Council I went to Albany in the 
Spring, where I found great disorder, the people discontented and all the ffortificacons out of 
repair; the Indians weary of the AA r arr and all theOutsettlements forsaken ; for remedy whereof 
I did reinforce Schenectady with thirty men, and guarrisoned the half-Moon with fourty men 
more. I found it likewise necessary that there should be a guarrison at Connestaguiocnn, but 
could not effect it for want of men, the two hundred agreed on by Act of Assembly falling short 
neer fifty of their Complement, soe that place tho of as great import as any now wholly 
deserted; in my negotiations with the Indians I found them very difficult and much inclined to 
a peace ; however with great industry I have reclaimed them and doubt not but have made 
them firm and steddy to us untill wee have direccons from England, as you will perceive by 
their propositions now ordered for yo r perusall. This Expedicon hath cost neer H)00, and 
there not being money in the publick coffers, was forced as the Councill and you advised, to raise 
the sume of neer S00. at tenn ^ Cent Interest. I must therefore, Gentl" remind you of yo r 
Promise and recommend to your Care the setling of a fund for the speedy defraying of this 
Charge, that our Creditt may be preserved, for if you should now either fail or be dilatory in 
yo r promise, It w r ould prejudice our reputacon forever. 

Gcntl. I am sorry to tell you that the Lawes you have made for the Security of the Province 
are soe little reguartled by the people, that of all the money that you have raised there has not 
yet been payd above ,1625. 16 and the Pay of the fforces actually employed in the service doth 
amount to .3500. This matter, Gentl. I must earnestly recommend to your diligent 
consideracon, for it will be a vain thing to make Laws if they cannot be effectually Executed. 
A Law without Execucon is like a body without a Soul, and it is likewise Impossible for me to 
secure the (Frontiers if there be noe money to pay the Souldiers you appoint for that service. 
I have heitherto with advice of the Council borrowed money for that purpose that the reputacon 
of the Government might not sinck, Expecting that the Levyes would come in for the 
reimburseing of it, but that now failing, am afraid shall not have the like Creditt for the future. 
Therefore, Gentl. as it is the people that are defective herein and as you are their Representatives 
you will doe well to make strict inquiry into the Cause of such neglect, for we are the first 
Government that ever had an Assembly of the people and had their Laws thus disesteemed. 

Genii. I have many things further to recommend to your consideracon, but am afraid you will 
not have time this Sessions to Accomplish them ; shall therefore only Confine myselfe to that 
only necessary, the securing the frontiers at Alhany. You are not insensible that the levyes you 
appointed for that service Expires upon the first of October next and how advantagious it is for 
yo r selves aswell as for all their Matyes Subjects in our neighbouring Plantacons, that that place 
should be well secured. I need not tell you I am of Opinion that there must be at least 300 
men to secure it this winter. I hope therefore you will take effectuall Care to make such 
suitable provision for the securing the {Frontiers that the seat of the Warr may continue rcmott 



1692.] Benjamin Fletcher, Governour. 19 

from us and that there may be noe more disappointments in what you intend, but what proposed 
by you effectually Executed according to your Intent; the Charge of the 300 men will amount 
neer 3500,. 

Gcntl. I must also minde you that upon strict Examinacon and inquiry the debts of the 
Government upon the 25th of March past (all the Revenue Expended) doe amount to 3000,. 

Gcntl. I have found you always ready to joyn with me in things needfull for their Matyes 
Service, soe that I hope I shall not need to use any arguments to persuade you to provide for 
those sumes and despatch those matters soe necessary for yo r own preservacon. 

Adjourned till thursday the first of September, 1G92. 



At a Council held at Ncmjorkc thejirst of September, 1692. 

PRESENT His Exccll BENJ FFLETCIIER, Govern &c., 

FFRED PHILLIPS, A WILLIAM NICOLLS, ^ 

STEPH COURTLANDT, / THOMAS WILLETT, ( Esqrs. 

WILLIAM SMITH, \ Esqrs. JOHN LAURENCE, ^ 

GAB MONVIELE, C 3 NICOLAS BAYARD, j sere venit. 

CHIDLEY BROOKE, J 

His Excell being informed that the Assembly was sitting to provide for the frontiers against 
next winter, proposed to speak to the Representatives. 

Ordered, William Nicolls Esqr doe waite upon the house of Representatives to give them 
notice of His Excell inclinations to speak with them and that he expected their presence 
forthwith. 

The whole house of Representatives accompanying James Graham Esqr their Speaker, 
attended His Excell in Council to waite his commands. His Excell gave them to understand 
that forasmuch as the Defence of the frontiers at Albany (which is the matter of greatest import 
already laid before them and under their Consideracon his late arriveall And the pressing 
Consideracon of a speedy Expedicon did Oblige them to urge their despatch of that affair and 
that they would inquire into the Causes of the decay of trade and the poverty of the people to 
finde out some suitable remedy ; That he understood there were severall sumes of money taken 
up upon the Credittof the Gavernment at the Interest of tenne^ Cent which is an Extraordinary 
interest and soon out doe the principle ; That they would therefore consider of the speedy payment 
thereof and of a supply for the fortifying and securing of our {Frontiers which he is informed are 
almost quit ruinated ; Professing his Readynesse to assist them in the face of the greatest danger 
in anything to his power that might tend to their Maties interest and the welfare of this their 
Province and the Inhabitants thereof. 

The Council adjourned till fryday the 2 d of September, 1G92. 



At A Council held at ffort William Henry, the 2 d of September, 1692. 



PRESENT His Excellency BENJ FFLETCHER, Govern &c., 

FFRED PHILLIPS, ~) CHIDLEY BROOKE, 

r WILLIAM NICOLLS, w 

WILL SMITH, /^ S( l rs - THOMAS WTT.T.F.TT. ^ SC 1 1S - 



NICH BAYARD, ( F WILLIAM NICOLLS, 

[i, / ljSc l rs THOMAS WILLETT, ^ 

GAB MONVIELE, j JOHN LAURENCE, j 



His Excell did Offer that Whereas he did understand some scruples are moved in the house 
of Representatives whether being called by the late Governour Sloughter (His Excell being 
arrived as another Govern from their Maties) they are a lawfull Assembly and the Debates 
thereupon did Impede the Expediting of other affairs of moment before them for their Matys 
service ; 

Desiring the advice and Resolution of this board therein, 

Resolved, Ncmine contradicentc, that this Assembly being continued from time to time by 
severall adjournments and Proroguations is now a lawfull Assembly. 

Ordered, that William Nicolls Esqr doe wait upon the house of Representatives to acquaint 
them of the Resolve othis Excell & the whole Council concerning the lawfulnesse of the present 
Assembly, and to Exhort them to admitt of noe loss of time in their Matye affairs. 

His Exellency did likewise offer the draftof An Act against Privateers & Pirats recommended 
unto him by their M>ities, in order to be Enacted by the Assembly of this Province ; which was 
approved and Ordered to be delivered by the said William Nicolls Esqr to the Speaker for the 
Assent of the house of Representatives. 

Adjourned till tuesday the Gth following. 



20 Journal of the Legislative Council of New York. 



At A Council held at ffbrt William Henry, the sixth of September, 1692. 



PRESENT His Excdl BENJ FFLETCHER &c., 

ICOLLS, 

AA7"rr T T,"T"ii F 

>Esqrs. 



FFRED PHILLIPS, "j WILL NICOLLS, 

STEPH COURTLANDT, r THOMAS WILLETT, 

NICH BAYARD, ^Esqrs. THOMAS JOHNSON, 

GAB MONVIELE, v JOHN LAURENCE, 
CHID BROOKE, 



The house of Representatives, James Graham Speaker, presented their Address to His Excell, 
viz 1 : 

To His EXCELLENCY, 

By order of the house of Representatives for the Province of Newyorke, 
The humble Address of the house of Representatives. 

May it please Yo r Excellincy, 

Wee their Matyes most loyall Subjects the Representatives convened in Generall Assembly 
doe with all humility, cheerf ulnesse and true affection, Congratulate Yo r Excell 8 arriveall in this 
Yo r Government And wee doe, with all submission, give Our sincere acknowledgements to our 
most gracious Gdd for the preserving Yo r Excell in the many hazards to which Yo r Excell was 
Exposed in Yo r late voyage and as we have received so large a testimony of Yo r Excell good 
intemions for the good of this Government soewe cannot but with all dutifullnesse Declare that 
We will to the Outmost of our Capacitys Concurr with Yo r Excell in all things that may be 
needfull lor their Matyes service. 

May it further phase IV Excellency 

AVe are truely greived that in soe bright a day as yo r Excellency s appearance amongst us, Wee 
are constrained to cloud it with acquainting yo r Excell that the present state of this Province is 
unhappily circumstanced being Engaged in an Expensive Warr at a time when the Revenue 
]s Exhausted, the Government considerably indebted and the Levyes lately made necessary for 
the Defence of the Province unpayed, the people much impoverished by the late disorders and 
many of them soe Debauched in their affeccons to their Matys Government that in lieu of being 
helpfull they have rather contrived to disturb it, all which has reduced us to such a posture as 
that Wee are not able to Expresse soe sensibly as we ought that gratitude we ow yo r Excell 
for accepting their Matys favour of Governing us, but. May it please Yo r Excell, since you come 
with hailing under yo r wing and soe well stored with your Matys grace and mercy to the late 
disturbers of Our peace & tranquillity, We doe not in the least doubt but it will have an Effect 
answerable to its meritt and influence all the malecontents soe farr as to make them forsake 
their disobedience and returne unto their dutyes and heartily unite and joyne with us in the 
support of Yo r Excell in this their Matys Government. And we doe now give Yo r Excell full 
assurance that as we have alwayes manifested Our sincere affections unto their Matys true 
iuteresis by Our Vnanimous assent to all things recommended to us for their Matys service, soe 
that we will not now fail but wiih Our lives and fortunes Support Yo r Excell Administration of 
this their Matys Government over us, and We Hoe not in the least doubt since it hath pleased 
their Matys to have such reguard to us as to Establish Yo r Excell soe eminent in their service 
for Yo r courage, prudence and Conduct, but to defeat e all the designs of Our Enemyes and 
have this Government reduced to such quiet by Yo r Excell prudent management as that from 
hencefoith We Shall date the Prosperity of this Province from the day of Yo r Excell arriveall. 
And 

My it Please Yo r Excell 

We the Representatives are so sensible thereof that We become humble suitors unto the 
Genii, of the Councills that they would be pleased to appoint some of their board to Conferr 
with some of Our house to Addresse their Matys with Our most humble acknowledgements and 
hearty thankfullnesse for their most gracious favour in placing a person at the helme of their 
Government here that is truly indued with Excellent moralls and other Innumerable virtues, 
And We shall Continually make Our Supplicacons unto the most High God, by whom Kings 
Reigne and Princes decree Justice, for the long preservacon of their Matys lives and Reigne 
Over us And that Yo r Excell may live long in all prosperity and happinesse and rule and 
Governe this people to the Glory of God, the honour of their Matys and to Yo r Excell Eternall 
renown. 

By ord r of the house of Representatives, 

JA: GEAHAM, Speaker. 



1692.] Benjamin Fletcher, Governour. 21 

Ordered, that Col r Bayard and Will Nicolls Esqr be a Committe of this board to joync a 
Commute of the Representatives thereunto to be appointed to Concerte of drawing an Addresse 
to their Matys with all Expedicon. 

Ordered, that Thomas Willett Esqr doe acquaint the house of Representatives of the Committe 
appointed and desire them to appoint their Committe accordingly. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 1th of September, 1692. 

PRESENT His Excdl BENJ FLETCHER, 

FFRED PHILLIPS, - WILLIAM NICOLLS, 



NICH BAYARD, ( E T " WILLETT, V Esn rs 

GABMONVIELE, ( L THO JOHNSON, ? L 

CHID BROOKE, j JOHN LAURENCE, j 

Vpon reading a messuage from the house of Representatives whereby they desired to have the 
Bill for Probate of Wills and the Table of fees to be passed, 

The Table of fees and Bill for Probate of Wills were read the first time. 

Ordered, that Col Courtlandt, Col Bayard and William Nicolls Esqr be a Committe to Examine 
the Table of fees and make such alteracous as they shall judge propper, of which they are to 
make report friday morning. 

M;ij r Pell, Col Pierson, Mr. Robinson, Mr. Van Schayck, Cap Courtlandt & Cap* Demyre 
from the house of Representatives did notifye that they are appointed a Committe of the house 
of Representatives to joyne the Committe of the Couucill to Concerte of an Addresse to their 
Matys. 

Adjourned till Eight a Clock morrow morning. 



At A Council held at ffort William Henry, the Eighth of September 1692. 

PRESENT His Excell BENJ. FLETCHER &c., 

FFRED PHILLIPS, WiLL m NICOLLS, } 

STEPH COURTLANDT, f THO WILLETT, ^ 

NICH BAYARD, VEsqrs. THO JOHNSON, ( 

GAB MONVIELE, C JOHN LAURENCE, } 
CHIDLEY BROOKE, 

The Bill for the raising of two hundred and twenty men, 

Ordered, to be read the second and third time. 

The Bill for the Raising & paying of Eighty men in the Countyes of Vlster & Dutchesse 
Countyes, 

Ordn-ed, to be read three times And assented unto by the Governour & Council with this 
additionall amendment viz (And be it further Enacted by the authority aforesd, that if any 
Officer or Officers Civil or military within the said Countyes shall neglect, refuse or delay to 
performe and Execute the severall and respective Articles and Clauses of this Act according 
to the true intent and meaning thereof, shall be lyable to such penaltyes respectively as are in 
Case of such refusall, neglect or delay, Provided in the Other Act of this Sessions of Assembly, 
intituled, An Act for the raising and paying of two hundred and twenty men &c. 

Ordered, the Bill concerning the Probate of Wills and Table of ffees, be layd aside. 

Col Pierson &c from the house of Representatives delivered a messuage wherein they alleage 
they have performed those affairs that are most necessary before their Consideracon & desire to 
be dismissed. 

Ordered, Col Willet and John Laurence Esqr doe attend the house of Representatives to 
acquaint them of the assent of his Excell & Councill to the Bill for Eighty men from Vlster 
and Dutchesse Countyes, with the minute of addicons annexed ; 

And that they alsoe doe recommend to them the care of providing for the payment of the 
arrenges of the former taxes, to preserve the Creditt of thn Government and for a present 
subsistance for the 2^0 men with the payment of the debts of the Government. 

The Bill agst Pirates and Privateers Ordered to be read the first time. 

Adjourned till morrow morning. 



22 Journal of the Legislative Council of New York. 



At A Councill held at ffort William Henry, the Wi of September 1G92. 



PRESENT His Excdl BENJ FLETCHER &c 

\M NICOLLSQ 

Esqrs. 



FFKED PHILLIPS, -\ WILLIAM NICOLLS," 

STEPH COURTLANDT, / THOMAS WILLETT, 

NICII BAYARD, ^>Esqrs. THOMAS JOHNSON, 

GAB MONVIELE, y JOHN LAURENCE, 
CHID BROOKE, 

Resolved, Neminc contradicente, that it is requisite His Excellency doe dissolve this Assembly 
And that writs issue forthwith for the Eleccon of New Burgesses upon their agreement to the 
Bills now before them for the Defence of the frontiers at Albany this following winter. 

Ordered, the Bill agst Pirates and Privateers be read the second and third time. 

The Bill against Pirates and Privateers being three times read, is assented unto by the 
Governour and Councill, without amendment. 

Maj r Beckman &c presented an Addrcsse from the house of Representatives to the Govern 
& Councill, viz 

House of Rcprcsentativfs for the Province of New Yorke, 
Die Veneris, A. M. 7 bcr 9th 169:2. 

To His EXCELL & COUNCIL, 
The humble Addresse of the house of Representatives Convened in Generall Assembly. 

The Representatives being sensible of the great inconveniencycs that have happened to the 
Governm through the neglect that hath been in the Collecting and paying the Levyes lately 
made for the reinforcement of the fl rontiers of this Province at Albany, whereby the reputacon 
of the Govrnment hath suffered and those Subjects employed in the service much discouraged, 
doe therefore think it needfnll and humbly pray that His Excell would forthwith issue out his 
Warrants to the respective Justices of Ench respective County within this Province that they 
doe order the Respective Collectors of each Respective County to pay unto their Matys 
Receiver Generall all the arrearages of the Levyes appointed as aforesaid at such a Certain day 
which his Excellency shall appoint and upon default thereof to Cause and Execute with the 
uttermost severity ail the penal tyes appointed by the respective Acts of Assembly. 

Ordered, that Cap Whitehead, Cap Stillvvell and Maj r Beeckman cary up this Addresse to 
His Excell & Councill and acquaint them that upon the report of a Committe of this house 
appointed to examine the arrearages of the Levyes the defects that have been therein and the 
incidentall Charges thereof, they doe finde when the arrearages are duely payd to their Matys 
Receiver Generall there will be, after the Officers and Soldiers are payd that have been 
effectually employed in the reinforcement of Albany, and the incidentall Charges thereof, a 
surplusage of 925 2 s llj d Which this house humbly pray may be appropriated and payd to 
such persons as have advanced money for the defraying the Charge of the late Expedicon 
to Albany. 

By order of the house of Representatives, 

JA : GRAHAM, Speaker. 

Vpon the reading of the above Address, 

Ordered, that Warrants be prepared accordingly and that the 29th of September instant be 
assigned for the payment of the sd arrearges And that the surplusage of ,925: 2 s : 11 j d 
be appropriated for the defraying of the Charge of the late Expedicon to Albany. 

Cap Ho well, M r Robinson & Cnp Demyre presented the answer of the house of 
Representatives to the messuage by Coll Willett & John Laurence Esqr of the eighth instant 
viz 

House of Representatives for the Province of New Yorke, 
Die Veneris A. M. 7 bcr 9 lh 1692. 

Vpon reading a messuage brought by Col Willett & M r Laurence from his Excellency & 
Councill, 

Ordered, that Cap Howell, M r Robinson & Cap Demyre doe waite upon the Governour & 
Councill & acquaint them that this house, pursuant to his Excellencyes directions, had taken 
Effectuall Care that the arrearages of the Levyes should be forthwith collected which doe 
amount to the sume of 3374, and that they had alsoe Ordered a tax to be levyed for the 
reinforcement and security of Albany which with the Charge of the County of Vlster does 
amount to the sume of 8260.x both which sumes in the whole amount to the sume of (JG }1. 



1G92.J Benjamin Fletcher, Governour. 23 

the arrearages in probability must be payd in a month and the residue by the first of Aprill 
next which is thought to be as great a burthen as the inhabitants at this juncture are well able 
to bear, soe are not capable at this time to make any more levyes for the defraying of the other 
debts of the Government. And it is likewise thought, that if there were an additional! duty 
now established upon trade the season of the winter being soe neer that it would freighten 
away the few vessells we expect and thereby lessen the revenue rather than advance it, but 
that in due time the debts of the Government may be duely paid, We humbly pray they would 
appoint Auditors to inspect the proper and just debts of the Government and make a true and 
perfect state thereof, that in the next Assembly there may be a fund Established for the 
payment of them and that there be a Computacon of the necessary Charge of the Government 
likewise stated, that the Certaine Income of the Revenue may not for the future be Exhausted, 
and also that there may be a Certain method for the equall & proporconable assessing of 
subsidies, AVe doe pray that His Excell would appoint Commie-oners in each respective County 
for the making an Estimate of their Estates, that for the future there may not be such 
uncertaintyes ; And this house is further of Opinion that we being now under a regular 
settlement* by their Maties authority to his Excell, that there will not be Occacon for the raising 
a Creditt or fund for subsisting the 220 men in reguard there is already the Creditt of the whole 
Province ingngul for it by that Act which if duly executed, as we doe not in the least doubt 
being now under his Excellencyes Care, will sufficiently answer any person or persons that does 
undertake the subsisting of the 220 men aforesd. 

By ord r of ye house of Representatives, 

JA : GRAHAM, Speaker. 

His Excell & Council doe Agree to the severall propositions made by the house of 
Representatives. 

Ordered, William Nicolls Esqr from this board doe desire the house of Representatives to 
Expedite the bills before them in order to attend His Excell and Councill this afternoon and 
acquaint them that this board hath agreed to their severall propositions, that His Excell will issue 
Warr" to the Justices for the paym of the arrearages, will take care to have a list of the debts of 
the Government and of the Charge thereof annually, and by the advice of the Councill appoint 
Commiconers for the making an Estimate of Estates in the severall Countyes accordingly. 

Adjourned till three of the Clock afternoon. 

Afternoon. 

PRESENT His Excell BENJ FFLETCIIER &c., 

FFRED PHILLIPS, ^ CHID BROOKE, "i 

STEPH COI/RTLANDT, > Esqrs. Tuo JOHNSON, > Esqrs. 

GAB MONVIELE, ) JOHN LAURENCE, ) 

The House of Representatives returned the three bills praying they may be Enacted under 
his Excell hand as usual!. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the Wth of September 1692. 

PRESENT His Excell BENJ FLETCHER &c., 

FFRED PHILLIPS, "} Tuo WILLET, ^ 

STEPH COURTLANDT, ( ^ THO JOHNSON, > Esqrs. 

NICH BAYARD, ( JOHN LAURENCE, ) 

CHID BROOKE, J 

His Excell signed the three bills and ordered them to be Enrolled as usuall. 

Or/lend, Thomas Johnson Esq. doe Desire the Representatives to attend His Excell in 
Councill. 

His Excell being attended with the Assembly and Mayor & Aldermen, proceeded to the 
Citty hall to publish the Acts of this Sessions of Assembly. 

Adjourned till 2 a clock afternoone. 



24 Journal of the Legislative Council of New York. [ ^ 



Postineridiem. 

PRESENT His Exccll BENJ FFLETCHER &c, 

STEPH COURTLANDT, ~) WILL NICOLLS, ) 

NICII BAYARD, >Esqrs. Tuo WILLET, > Esqrs. 

CHID BROOKE, ) JOHN LAURENCE, \ 

His Excell prorogued the Assembly to the fourteenth of this instant and Ordered that Col 
Willet and John Laurence Esqr doe acquaint the house of Representatives that his Excell hath 
prorogued the Assembly to the fourteenth of this instant September. 



[New York Col MSB. XXXVIII., 195.] 

WILLIAM and MAHY by the Grace of GOD, of England, Scottland, frame and 
Ireland KING $ QUEEN, Defenders of the faith, &c. 

To all Our Loving Subj eels the freeholders and Inhabitants of our Province of NEW YORK 
and the Territoryes Depending thereon in America 

GREETING : 

A PROCLAMATION. 

WHEREAS by Our writes of the 21 lh day of March in the third year of Our Reigne, Wee 
did call a General Assembly of the Inhabitants being {Freeholders within this Province which 
hath been continued from time to time by severall Adjournments & Prorogations untill this day ; 
And WHEREAS the Representatives of the severall Citcyes & Countyes throughout this Province 
have prayed to be dismissed, Wee being given to understand by His Excellency BENJAMIN 
FFLETCHER Esq Our Captain Generall & Governour & the Council of Our said Province that it 
will be I or the greater ease & benefite of Our said Subjects that there be a new Assembly & a 
more free choice of Representatives to Assist Our said Captain Generall & Governour & 
Council in a Generall A-sembly for this Province, have hereby dissolved the present Assembly 
And the present Assembly is hereby DISSOLVED from henceforth, Any former adjournment & 
prorogation by our s d Capt. Gener 1 with the advice of Our Council afores d notwithstanding. 

IN TESTIMONY WHEREOF, We have Caused the Seal of Our Province aforesaid to 
be hereunto affixed: Wltlncss, BENJAMIN FFLETCHER Esq. Our Captain 
Generall & Governour in Cheife of Our Province of N. Yorke aforesaid at 
ffbrt WILLIAM HENRY this 13 th day of September, In the fourth year of Our 
Reigne, Annoq Domini 1G92. 

M. CLARKSON. 



SECOND ASSEMBLY: 1 st SESSIONS. 



His Excell by and with the advice and Consent of the Council! having issued out 
"\Vritts for a choice of Representatives returnable the 24th of October, 1092, on 
the 2Gth instant there being a full house the Council mett. 

At A Council held at ffort William Henry the 26th of October 1692. 

PRESENT His Excell BENJ FFLETCHER &c, 

STEPH COCRTLANDT,A Tno WILLETT, "A 

KICH BAYARD, / JOHN LAURENCE, ( j? sars 

WILL SMITH, VEsqrs. PETER SCIIUYLER, { 

GAB MONVIELE, C CALEB HEATHCOTE,} 
CHID BROOKE, 

The Representatives returned from the several! Countyes waiting vpon His Excell & Council 
to acquaint them that they were a full house and by Commicon under the seal of the Province 
have the Oaths and Test Administred, which they have performed, now Desired to Choose 
their Speaker after which his Excell was ready to Offer what he judged worthy and propperfor 
their Consideracon. 

The house of Representatives returned and by James Graham Esqr their Speaker, Desired to 
have their former rights, priviledges and Customes confirmed unto them in these words, viz : 

House of Representatives for /he Province of Newyorke. 
Die Mercurij Octo r 26 Ih 1C92, A. M. 

Ordered, that the Speaker Address his Excell & Councill in behalfeof this house, And demand 
that their former rights priviledges & Customs may be Confirmed to them. 

Impris: That none of the members nor their servants may be arrested during the Sessions of 
Assembly. 

That they may have freedom of accesse to his Excell & Councill when Occacon presents. 

That they may have liberty of speech and a favourable Construccon made of all debates that 
may arise among them. 

And for the removeall of all misunderstanding!?, when need shall require, that a Committe of 
the Councill may be appointed to joyne with a Committe of this house to Conferr of what matter 
may occurr in Generall Assembly, 

And pray that these their demands may be approved by his Excell and Council & Entered in 
their Council booke 

By ord r of the house of Representatives 

JA : GRAHAM, Speaker. 

All which are granted After which His Excell did deliver in writeing what he had to offer to 
them recommending the same to their Care as being matters which could not Escape their own 
private knowledge in the following words, viz 1 : 

BENJAMIN FLETCHER, Captain Generall & Govern 1 " in Cheife of the Province of 
Xewyorke and the Territoryes Depending thereon in America & Vice 
Adu.irall of the same. 

To the Representatives assembled together for that Province at the Citty of Newyorke, October 
the 24 " 1692. 

G(?>tlcmen, 

You are convened here by their Matys writt to Consult and advise of such propper 
methods as may be effectuall for their Matys service in the Comon defence of this Province in 
which the securiiy of your own persons and property being equally concerned I shall need but 
few arguments to prevaile upon you in a speedy despatch of those things which may c^duce 
to both the season of the year and your own desires of spending the sharpness of the winter 
with yo r familyes, I hope will quicken you to a despatch of such things as are laid before 
you. 

And first : That We may the better hope for a blessing from Almighty God I recommend to 
yo r Care that provision be made for the support and Encouragement of an able Ministry and for 
the strict and due Observation of the Lords day. 

4 



26 Journal of the Legislative Council of Neiv_ York. [ ^ t" 9 ,: 

In the next place, I desire you le look into the debts of the Government and consider of a 
fund for the payment of them, which being done I shall take care to prevent any future 
incumbrance during my administracon. 

The necessary support of the Government I recommend to your thoughts in this time of Warr, 
none of you being ignorant that the Indians in our alliance must be supplyed with arms 
ammunieim and other presents. 

I have visited the ffrontiers and put them into some posture of defence for this present winter, 
and am required by their Maties to build flbrts at Albany, Schenectady and such other places as 
I shall see convenient which being once well done will ease the annuall Charge of posting 
militia there. 

I am informed the Revenue settled upon their present Matyes determins in Aprill next ; I 
hope you will not be wanting in the Expression of yo r Loyalty & affection to their Matyes 
who are of the same religion with Our selves, but rather outdoe what former Assemblyes have 
done. 

The settlement of Our Courts of Judicature with the Sallarys of the Judges doe alsoc shortly 
Expire; Justice and the due Administracon of the Laws is the life of Government; you l 
consider the ContinuacGn of that Act in relacfm to Courts of Justice with a propper support for 
the Judges as an advantage to yo r selves and alsoe the Subjects of this Province. 

I will not Question your true zeal for their Matyes service and your own welfare ; I cannot 
think of more Effectual! wayes to answer both those ends than by unity and concord among us, 
burying all heats and animosityes in the grave of Oblivion. And if you can think of any Act 
by which your proppertyes and libertyes may be better secured, you shall linde a ready 
concurrance in me for yo r satisfaccon and the publick good in which I shall never mix my own 
private interest. And soe, Gentlemen, I wish a happy Agreement amongst you for their Maties 
service Yo r own prosperity and the Comou safety. 

BENJ : FFLETCIIKR. 

It is agreed that it be recommended to the house of Representatives forthwith to prepare a 
Bill for the better detaching of the militia, for Albany, a* Occacon, with some smart penaltyes 
upon absconders and other defaulters in that behalfe with respect aswell to the 220 raised by 
the late Act of Assembly, intituled, An Act for the raising and paying of 220 men with their 
propper Officers &c. as to future levyes for their Matyes Service. 

Ordered, Maj r Sdiuyler & Col Heathcote doe deliver this messuage to the house accordingly. 

Adjourned till Saturday the 29th instant Octo r . 



At A CouncUl lieldat ffort William Henry, the 29" of October, 1G92. 

PRESENT His Excell BENJ FLETCHER &c, 

STEPH COURTLANDT, \ CHID BROOKE ~\ 

NICH BAYARD, (-, Tiro JOHNSON, (^ 

WILL SMITH, x^sqis JOHN LAURENCE, ?* 

GAB MONVIELE, ) j 

Col Hamilton having presented some proposalls concerning a Post Office to be Erected & 
Established throughout their Matyes Territoryes upon the Main of America for such accomadacons 
as may relate unto this Province, the same were read, and His Excell produced her Matyes 
Letter to His Excell for his assisting Col Hamilton in the settling of the said Office. 

The proposalls are approved of. 

Ordered, the said Proposalls be recommended to the Representatives to prepare a Bill 
accordingly, Provided the Excise of the Citty of Newyorke be noe wayes infreinged. 

Vpon the reading & perusall of a list of the Debts of the Government amounting to 7890 
IS* l, And a Scheme of the annuall charge of the Government with some present speciall 
needlull charge, the same is ordered to be recommended to the Representatives for their 
Consideracon. 

Col Courtlandt and Col Bayard are appointed to Deliver the proposalls concerning the Post 
Office, the list of debts, and Scheme of the annuall Charge of the Government &c, Recommended 
as above to the house of Representatives. 

AApurned till Munday the 31 th instant. 



1G92.] Benjamin Fletcher, Governour. 27 



At A Council held at ffort William Henry, the 31" 1 of October, 1692. 

PRESENT His Excell BENJ FFLETCHER &c, 

STEPH. COURTLANDT,"^ CHID. BROOKE, ^ 

NICH. BAYARD, ( v WILL NICOLLS, > Esqrs. 

WILL. SMITH, (* JOHN LAURENCE, ) 

GAB. MONVIELE, j 

The Confirming of the rules & ord" of the Weighhouse by Act of Assembly under debate, 
dinVrred till further consideracon. 

Ordered, the Clerke of tlie Councill draw a Bill for the same. 
Adjourned till tuesday the first of Novem r 1692. 



At A Council held at ffort William Henry the first of November, 1692 

PRESENT His Excellency BEXJ FFLETCHER &c, 

STEPHEN COURTLANDT, ^ GAB. MONVIELE, ^ 

NICHOLAS BAYARD, > Esqrs. CHID. BROOKE, > Esqrs. 

WILLIAM SMITH, ) JOHN LAURENCE, ) 

M r Kipp & M r Wessells from the house of Representatives did report that their house had 
Ordered John Robinson, Jacobus Courtlandt, Dirck Wessells, Levinus Van Schayck and Jacobus 
Kip, or any three of them, to be a Committe of their house to joyne u Committe of the Councill 
to be appointed for Expediting tlie discovery of the Debts of the Government, so that they may 
make report thereof to-morrow by Eight of the Clock before noon, and Desire the Govern r & 
Council to appoint a Committe accordingly. 

This messuage is approved of, and 

Ordered, that Col Courtlandt and Chidley Brooke Esqr be a Committe of this board to joyne 
the Committe of Representatives for the Expediting the true state of the Debts of the 
Government accordingly. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry the 2 rf of Novem r , 1692. 

PRESENT His Erccll BENJ FFLETCHER &c., 

FFRED. PHILLIPS, ~\ GAB. MONVIELE, ) 

STEPH. COURTLANDT, Q p s . CHID. BROOKE, > Esqrs. 

NICII. BAYARD, JOHN LAURENCE, > 

AViLL. SMITH, J 

Pursuant to an order of Councill yesterday, Col Courtlandt Reports that they could not come 
to an exact state of the debts of the Government at this time, but by the nearest Computacon, 
they found the Debts of the Government to amount to the sume of four thousand, eight 
hundred and fifty pounds, having stated the severall articles contained in the list of Debts iu 
manner following viz 

Wee finde the first Article of the debts may be lessened G00, in respect that the 
nett produce of the Revenue from the 2-5 h of March last to this day 
surmounts the ordinary Charge of the Governm* G00., which being deducted 

.2568: 1:3 rest .1968: 1:3 

The second article of 713: 17: 5 will be payd by the 
.713: 17: 5 surplusages of the three first taxes. 

That the third articles of 24G3 : 3: 7 ought to be 
diminished 30, for soe much payd by Plowman the late 

.2463: 3 : 7$ Coll r to Ensigne Russell ,2433: 3:7 

We leave the fourth article of 1105: 2: 3 Expended at 
^CJlO-5: 2: 3 Albany to be inspected into by the house for the particulars. . ,1105: 2: 3 

Wee finde that .74 : S : is allowed to Mr Wessells for 
.74: 8: his services by her Matye .74: S: 



28 Journal of the Legislative Council of New York. [irt"sSni 

That the 404: 7 : 6 is due from the Sheriffs of Long 
404 : 7:6 Island, soe not to be allowed upon the Government 

That there was p d to Maj r Magregere for his journey to 
.74: 8 : Canida 20 by Coll r Plowman soe there rests due to him. . . 54: 8: 

That the Eighth article of 351: 10 s : levyed upon the 

.351: 10: Recognizances ordered to be repayed 351: 10: 

.136: 0:0 That the money advanced to Mr John Perry is ,136: 0:0 



7890: IS: ,6122: 13: 1 

We finde alsoe that Mnj r Richard Ingoldesby hath received 

out of the Standing Revenue for provision, cloathing &c for 

their Matyes Souldiers by Computacon 600: 0: 

We are informed that East New Jersey will 

Contribute to the subsistence of this Province. 400: 0: 
And that Virginia & Maryland have already 

Contributed to the subsistence of the Province ,270 : : 



in all amounting to 1270: 0:0 



Which being deducted there will remain to be provided 4852 : 13 : 1 

Vpon the reading a Peticon of the Representatives of the County of Richmond Complaining 
that William Britton had taken possession of a lot of land laid out for the Church; 

Ordered, that the sd Britton be Summoned to appear before the Councill on the tenth instant, 
to answer the same. 

Vpon Reading a Peticon of the sd Representatives Complaining that Governour Dongan 
had Engrossed to himselfe all the Comons of Staten Island to the impoverishing of the 
Inhabitants, The Peticon is referred to the Attorney Generall who is to make report to this 
board of a propper method to redresse such injury. 

Vpon reading Anoy r Peticon of the sd Representatives setting forth that Mr Tuschemaker 
having some reall and personal! Estate in Staten Island, was kilid by the French and Indians 
at Schenectady and in his life time had promised the sd Estate to the Poor, having noe heirs 
praying an order for the same; The sd Peticon is likewise referred to the Attorney Generall 
who is to report what may be propper therein to be done. 

Adjourned till morrow morning. 



At A Councill held at ffort William Henry the 3d of November, 1692. 

PRESENT His Excell BENJ. FFLETCHER, &c., 

FFRED. PHILIPS, ) GAB. MONVIELE, } 

STEPHEN COURTLANDT,^ CHID. BROOKE, >Esqrs. 

NICH. BAYARD, JOHN LAURENCE, ) 

WILL. SMITH, j 

M r Butler &c, from the house of Representatives presented a messuage from the house with 
the Bill of the Revenue wherein they give His Excell thanks for the favourable speech and 
signify their sense of his Excell great care since his arriveall in securing the frontiers of this 
Province, which were ordered to be read. 

Vpon reading the Bill of the Revenue, 

Ordtred, Col Courtlandt, Col Bayard, Col Smith and Chidley Brooke Esqr be a Committe 
of this board to Conferr with a Committe of the Representatives to be appointed this afternoon 
upon the Bill of the Revenue, and John Laurence Esqr to Signify this ord r and desire the 
Representatives to appoint their Committe accordingly. 

Adjourned till morrow morning. 



1692.] Benjamin Fletcher, Governour, 29 

At A Council held at ffort William Henry, the th of November, 1692. 



PRESENT His Excellency BENJ. FFLETCHER, &c., 

FFRED. PHILIPS, ~~) CHID. BROOKE, 

Nicn. BAYAKD, ^ Esqrs. JOHN LAURENCE, > E sqrs. 



STEP!!. COURTLANDT,( -p TlIO. WlLLET, -. 

C 

WILL. SMITH, _) CALEB HEATHCOTE,,) 



The Committe appointed to Conferr upon the Bill of the Revenue did report unto His 
Excell, That they were given to understand from some of the Representatives that, forasmuch 
as they were not made acquainted with the Objections made against the sd Bill, they could not 
appoint any Committe to conferr thereupon. 

Whereupon His Excell was pleased to signify his greatest objection to be, the Revenue 
being limited to two years, whereas the like had been formerly given to a Roman Catholick 
Prince forever by an Assembly of this Province, which may be imputed to them as a marke of 
disrespect to their present Matys. 

M r Van Schaick and M r Courtlandt from the house of Representatives did deliver a messuage 
wherein they desire to know the subject matter of the intended conference upon the bill of 
the Revenue, alleaging it not presidentall that there should be any conference upon whole 
Bills, the Governour & Council! having alwayes the negative voice to all bills sent up from their 
house and likewise the priviledge of returning amendments as they think may be necessary, &c. 

Whereupon, the bill of the Revenue was ordered to be read a second time And His Excell 
the Governour & Councill did assent unto the Bill of the Revenue with the following 
amendments, viz : 

That instead of two years, the Revenue be at least continued for five years. 

That instead of the tenn ^ cent laid on all Indian goods carryed up Hudsons River, the sume 
of five ^ cent Over and above the two ^ cent already granted, be layd on all such goods at 
their importacon and the term ty cent let fall. 

That there be One shilling layd upon Every hundred Weight of flower and biskett Exported 
out of this Province to the neighbouring Plantacons & Colonyes upon this Main of America ; 

And that the sume of five ty cent be layd on all European goods imported from the 
neighbouring Plantacons in America, over and above the duty already granted upon them. 

Ordered, Thomas Willett Esqr doe Deliver to the house of Representatives these Amendments 
of the Bill of the Revenue for their Assent. 

Adjourned till munday morning. 



At A Council held at ffort William Henry, the 1th of November, 1692. 

PRESENT His Excell BENJ. FFLETCHER, &c., 

STEM. COCRTLANDT, ~) CHIDLEY BROOKE, ) F 

WILL. SMITH, > Esqrs. JOHN LAURENCE, > 

GAB. MONVIELE, ) 

Vpon reading the Peticon of Rob Livingston and the Officers that served in the Expedicon 
at Albany in Col Dongan s administracon. setting forth, that some part of the money ra : sed to 
defray the Charge thereof is not yet levyed and praying to have the levying of the sd arrearages 
reinforced by Act of Assembly ; 

Ordcicd, the sd Peticon be Recommended to the Representatives and the said Peticon is 
hereby recommended to the house of Representatives for their consideracon. 

Dirck Wessells &c did deliver to this board two Bills viz 

A Bill for settling fairs & mercatts in Each respective Citty & County. 

And A Bill for Establishing Courts of Judicature assented unto by the Representatives, for 
the assent of the Governour & Councill. 

Ordered, the Bill for Establishing Courts of Judicature be read the first time. 

Adjourned till morrow morning. 



30 Journal of the Legislative Council of New York. LuItBeTn. 

At A Council held at ffort William Henry, the 8 A of November, 1692. 

PRESENT His Excellency BENJ FLETCHER, 

FFRED. PHILIPS, } GAB. MONVIELE, 7 

STEPH. COURTLANDT, > Esqrs. CHID. BROOKE, > Esqrs. 

Nicu. BAYARD, ) JOHN LAUKENCE, ) 

Dirck Wessells &c from the house of Representatives, did Deliver A Bill for the supervising 
Intestates Estates &c. And A Bill for Encouraging a Post Office, assented unto by their house, 
for the assent of the Governour & Councill. 

Ordered, A messuage from the house of Representatives concerning Wampum peag be read. 

Vpon reading of the messuage concerning Wampum, Wherein the house of Representatives 
pray His Excell & Councill that forasmuch as they have daily Complaints from the people of all 
ranks that there is an obstruccon to the currancy of Wampum, which is very greivous to the 
poorer people and in Contempt of a Proclamacon formerly made for the currancy thereof: His 
Excell would please to issue forth his Proclamacon that Wampum may goe curr in all payments 
according to the wayes, value and Customes formerly used. 

His Excell and Councill doe Agree to the same ncminc contradicentc, And His Excell doth 
Order the Attorney Generall to draw up the sd Proclamacon accordingly. 

Ordered, the Bill for the Settling fairs & Mercatts be read the first time. 

Ordered, the Bill for Supervising Intestates Estates be read the first time. 

O dercd, the Bill for settling Courts of Judicature be read the second time. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 9th of November, 1G92. 

PRESENT His Excellency BENJ FLETCHER &c., 

NICH. BAYARD, } CHID. BROOKE, ? v 

WILL SMITH, > Esqrs. JOHN LAURENCE, } 

GAB. MONVIELE, ) 

Ordered, A third reading of the Bill for Establishing of Courts of Judicature. 

Vpon reading of the Bill for Establishing of Courts of Judicature, the Governour & Council 
doe assent unto the same with these amendments, viz : 

That for the ease benefite and releife of any poor man injured or oppressed by an erroneous 
or false judgement in the County Courts or Courts of Com on pleas & Mayor and Aldermen, 
Appeales be permitted for the smallest sume. The bill to be amended throughout accordingly. 

That the Courts of Mayor & Aldermen in the Citty of Newyorke & Albany, shall have noe 
jurisdiccon over the Countyes of Newyorke & Albany by virtue of such Office; that Clause 
therefore to be omitted. 

That instead of these words, viz : for the hearing & determining all Accons and Cause of 
accons arising within the libertyes of the town of Kingstown to the value of five pounds and 
under (be inserted) granted them in their Charter. 

And that the Act for Courts of Judicature shall continue in force for five years or soe long as 
the Revenue shall be granted. 

The house of Representatives having agreed to that amendment of the takeing off the term ^ 
cent upon Indian goods and merchandizes caryed up Hudsons River and putting five ^" cent in 
lieu thereof on all such goods & merchandizes imported to the Province, 

Ordered, the sd Bill be read with the amendment. 

The house of Representatives having given their Opinion of the other additional! amendments 
and that of the continuacon of the Revenue for longer time, viz : that they are not amendments 
but require a new bill &c., 

Ordend, Col Bayard, Col Smith & Chidley Brooke Esqr be a Committe of this board to joyne 
A Committe of the House of Representatives to be appointed to conferr upon the sd Articles and 
the continuacon of the Revenue for longer time, this afternooiie. 

Ordered, John Laurence Esqr doe acquaint the house of Representatives of this Committe, 
returne the thanks of His Excell & Council for their consenting to that amendment of duty 
upon Indian goods & merchandizes, and desire them from this board to appoint a Committe of 
their house to Conferr upon the other amendm" & that of the Continuacon of the Revenue 
accordingly. 

Ordered, John Laurence Esqr doe alsoe deliver the Bill for Establishing Courts of Judicature 
assented unto by the Governour & Councill with the amendments annexed, for the approbacon 
of the house of Representatives. 

Adjourned till thursday morning. 



1G92.] Benjamin Fletcher, Governour. 31 

At A Councill held at ffort William Henry, the 10 A of November, 1692. 

PRESENT His Excellency BENJ : FLETCHER &c., 

FFRE D. PHILLIPS, ^ WILL NICOLLS, ) ^ 

WILL"" SMITH, >Esqrs. JOHN LAURENCE, > 

CHID. BROOKE, ) 

Ordered, the Bill for settling Intestates Estates be read a second time. 

Vpon reading of the Bill for Settling Intestates Estates the Governour & Council doe assent 
thereunto with this amend m viz 

That all Wills relating to any Estate within the City & County of Newyorke be proved 
before the Governour, aswell ;is those of Orange, Richmond and Kings County or before such 
person or persons as His Excell the Govern shall delegate. 

Ordered, the Bill for selling a Post Office be read a second time. 

Vpon reading the Bill for the Post Office, the Govern & Councill doe assent thereunto with 
the following amendments, viz 1 : 

That the Postmasters in the Countrey be Exempted from Excise and publick services, and the 
Post, Master in Newyorke Citty from publick services only, 

And that noe Letters going to or from Long Island be Obleiged to Come into the Post Office. 

M r Butler from the house of Representatives did acquaint His Excell & Council that they 
had appointed M r Garton, M r Courtlandt, M Van Schayck, M r Robinson, M Whitehead & 
himselfe a Committe to joyne the Hono ble the Committe of the Council to Conferr of the 
additionall amendments upon the Bill of the Revenue and the Continuation thereof for longer 
time. 

Ordered, a second reading of the Bill for fairs & mercatts 

Adjourned till fryday morning. 

Postmerid. 

At the meeting of the Committes of both houses at Newyorke : 
PRESENT 

Col. BAYARD, ) JOHN BUTLER, 



ol. BAYARD, } JOHN BUTLER, 

ol. SMITH, > of the Council. LEVINUS VAN SCHAYCK, / 

HID. BROOKE, Esqr ) JACOB COURTLANDT, f 

> 
\ 



~ 

JOHN ROBINSON, Gentl of 

Tno. GARTON, 
DAN. WHITEHEAD, 

The Hon ble The Committe of the Council did offer Col Smith their Chairman. 

The Gentl of the Committe of the Representatives did nominate John Butler their Speaker. 

Col. SMITH. 
Gentlemen, 

The first point we are to Conferr of is, the Continuacon of the Revenue Established upon 
their Maties for at least five years which in yo r Bill you limitt to two. 

Will it not seem remarkable that notwithstanding their present Matyes are of Our own 
Religion, have wrought for us and the Protestant Religion in generall so great a deliverance, 
that preat care they have taken and the Charge they have been at in protecting of the 
Government by their shipps of warr and otherwise, their maintainance of the two Companyes in 
guarrison here by their own Coffers in England formerly maintained at the Charge of the 
Province and the Ordnance and great quantity es of ammunicon and stores sent hither at their 
great Charge & Expense for the benefite of this Province, Nevertheless tho the like revenue 
was formerly given to K. James for life you doe now limitt the same to two years. 

Mr. BUTLER. 
May it please yo r Honours, 

We are not wanting in Our duty to their Matyes nor doe we intend any abridgement to their 
Matys Revenue, but on the Contrary, We have reguard to the heavy burden and great poverty 
of the people of this Province who are ready to sinck under it. You are Eye witnesses thereof. 
Consider the Circumstances of Our neighbours on both sides who are without Government, 
free of all taxes, dutyes, services, and have gott both Our trade and Inhabitants. Our house is 
full of the daily Complaints of merchants, who are threatening to follow the rest if trade shall 
be soe cloggd, whilst our neighbours goe free. We had it under Consideracon to have found 
out another method for setling a Revenue upon their Matys & to have easd the merchant & 



32 Journal of the Legislative Council of New York. [ 1^7.: 

Trader, but we are in hopes daily of having those neighbouring Colonyes of Connecticut!, the 
Jerseys, Pennsylvania & New Castle annexed to us as formerly ; Which hope is our greatest 
support. And Wee finde it needfull 10 Encourage the few Traders that are amongst us with the 
Expectacon of having the trade of this Province shortly eased of those burdens, or Our 
neighbours to bear an equall share with us. 

Col. SMITH. 
Gentlemen 

The next thing to be considered is the trade betwixt this and Boston. They draw awny Our 
staple Cotnoditye of flowr, which they have transported to the Wostindies, to the great injury 
of the trade and navigacon of this Province. Will it not be convenient to Clogg that trade, 
by laying one shilling upon every C l W" of flowr, to stop their transporting of Our Product to 
the Westindies. 

Mr. BUTLER. 
Muy it please yo r Honours, 

The reason of that trade, was Chiefly their want of bread for Consumpiion at Boston ; and 
it was a profitt to us to Our Certaine knowledge. Wheat at Boston was then 5" a bushell 
when sold here for 3 : G d , which is demonstracon enough that this could not spoil our mercate in 
the Westindies. 

Col. SMITH. 
Gentlemen, 

The last thing We propose is, that 5 ^ cent be layd upon all European goods imported 
into this Province from the neighbouring Plantacons, as a mean between 10 ^f cent formerly 
laid (to stopp that trade wholly) and nothing whereby this indirect trade will tie sufficiently 
Closgd, but soe that we may upon Occacon be supplyed with such things as they may have 
whilst we want them. 

Mr. BUTLEK. 
May it phase yo r Honours, 

We have this or something to this purpose und r consideracdn for the payment of the debts 
of the Governm , which in convenient time will come before you. 



At A Council! held at ffort William Henri/, the 11" of November, 1692. 



PRESENT His Excellency BENJ. FLETCHER, &c., 

STEPH. COURTLANDT,") CHID. BROOKE, 

-r, WILL NICOLLS, , v 

WILL. SMITH, ^sqrs. JQHN LAURESCE( >-&sqrs. 



NICH. BAYARD, Cp. snrs WILL NICOLLS, ^ 

GAB. MONVIELE, j CALEB HEATHCOTE,^ 



Ordered, the Bill of the Revenue be read the third time. 

Vpon reading the Bill of the Revenue with the amendment therein agreed to by the house 
of Representatives, the Governour and Councill doe assent unto the same. 

Ordered, the Bill for Encouraging a Post Office be read the third time. 

Vpon reading the Bill for Encouraging the Post Office with the amendments agreed to by the 
house of Representatives, the Governour and Council doe assent unto the same. 

Ordered, the Bill for setling fairs & mercats be read the third time. 

Vpon reading the Bill lor fairs & mercatts, the Governour & Council doe assent unto the 
same without amendment. 

Ordend, the Bill for setling of Intestates Estates be read the third time. 

Vpon reading the Bill for setling of Intestates Estates, the Governour & Councill doe assent 
unto the same without amendment. 

Ordered, that John Laurence Esqr doe Report to the house of Representatives that the 
Governour & Council have assented unto the lour beforementioned Bills, with the amendments 
agreed to by them. 

Ordered, t^at Chidley Brooke their Matyes Coll r & Rec r Gen 1 of the Province of Newyorke, 
and William Nicolls Esqr be present to see the Bill of the Revenue amended according to the 
true intent & meaning of both houses. 

Ordered, the draft of A Bill for Establishing & Confirming the rules and orders of their 
Matys Weighhouse in the City of Newyorke be Read. 

Vpon reading the draft of A Bill for Establishing & Confirming the former rules and orders 
of their Matys Weigh house, 



1C92.] Benjamin Fletcher, Governour. 33 

R-s lvd, it be forthwith recommended to the house of Representatives for their passing of 
the same in their house, And Ordered John Laurence Esqr doe Deliver the snine; recommended 
accordingly. 

M r Viin Schayck from tlie house of Representatives returned the Bill for Establishing of 
Courts of Judicature with ihe minute ot their ngreement to that amendment concerning the 
Jurisdicou of the Mayor & Aldermen of Newyorke & Albany. 

Oi-datd, the Blatick for limitacon of time be filled up to two years as in the Bill of the 
Revenue. 

Whereupon thp Governour & Council! doe assent unto the sd Bill soe amended. 

M r Robinson &c from the Representatives did present to this board A Bill for the satisfying 
& paying ill* Debts of the Government ; And A Bill for the granting to their M.ityes the rate 
of one penny ^f pound &c. to lie allowed unto his Excell the Govern lor his Care &c. 

Onli/ml the Bill for satisfying & paying the debts of the Government be read first, second 
and third time. 

Vpon rending of the Bill for satisfying & paying the debts of the Government, the Govern 
& Coiincdl dre assent unto the same with the following amendment viz , to be added: Provided 
iilwayes And it is hereby Enacted by the authority aforesaid, that what moneys or Creditt hath 
been advanced by any person or persons for the support of their present Matyes Government 
from the i!7th of January 1GDO. shall be p;iyd before :my other former debts of the 
Government, anything herein conteined to the Contrary thereof in anywise notwithstanding. 

O/dcnd, the Bill for the granting to their Matys the rate of one penny %? pound &c be read 
first, second & third time. 

Vjion Reading th* Bill for the Granting to their Matyes the rate of One penny ^ pound &c 
The Governour & Council! doe assent unto the same without amendment. 

On/end, that Childley Brooke Esqr and William Nicolls Esqr doe Deliver the sd two Bills, 
and that of the Courts of Judicature to the house of Representatives and to Acquaint them 
how far the Governour & Council have proceeded ill them. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 12 * of November, 1692. 

PRESENT His Excellency BENJ.- FLETCHER, &c., 

STEPH. COURTLANDT, ) CHID BROOKE, ^ 

NICH. BAYARD, > Esqrs. WILL. NICJLLS, > Esqrs. 

GAB. MONVIELE, ) JOHN LAURENCE, ) 

Vpon Reading a messuage from the Representatives wherein they selt forth the many 
complaints of the people of greivances, praying a regulation of flees and that a Committe of 
tin; ilono we Council may be appointed to joyne a Committe of the Representatives for that 
purpose, 

His Excell did produce his Instruccons, wherein he was pleased to Communicate how he is 
thereby required, by advice and consent of the Council), to Regulate all salbiryes & flees 
belonging to places or payd upon emergeucyes ; A copy whereof he did order forthwith for the 
sd Committe for their perusall. 

His Exeell hy and with the advice &, Consent of the Council did agree that for the sntisfaccon 
of the Subject, there should be a regulacoii of fTe^s committed to the sd Committe. And 

Ordered, Col Courtlandt & William Nicolls Esqr be a Comitte of this board to Joyne a 
Committe of the Representatives for that purpose to be appointed ; and that the Coll r & Rec 
Generall be Admitted to all conferences with his Lres Patents from their Matys and that they 
be read. 

Adjourned till inunday morning. 



At A Council held at ffort William Henry, the 14 th of November, 1692. 

PRESENT His Excdl BENJ FFLETCHER &c., 

FFRED PHILIPS, ) GAB. MONVIELE, ) 

STEPH. COURTLAXJDT, > Esqrs. CHID. BROOKE, > Esqrs. 

KICK. BAYARD, ) JOHN LAURENCE, ) 

His Excell desired the Advice of this board whether it is more requisite to Adjourn or 
prorogue the Assembly and what may be the propper and most convenient time lor their 
nsxt meeting. 



34 Journal of the Legislative Council of New York. [I l S: 

The Council are humbly of Opinion that it is most requisite to Adjourn the Assembly to 
Muiiday the -JO" of Miireh now next Ensueing, which they humbly submitt. 

His Excell according to the former usage of passing of Bills into Acts in this Province iu the 
presence of this board, did signe these seaven Bills, viz : 

A Bill for the Establishing of Courts of Judicature &c 

A Bill for the Encouraging of the Post Office &c 

A Bill for the Supervising of Intestate, Estates &c 

A Bill for setting of fairs and mercats &<. 

A Bill for the satisfying & paying the debts of y e Governm 1 &c 

A Bill Establishing a Revenue upon their Matyes &c 

A Bdl graining to their Matys the rate of one penny ^ pound to be allowed unto his Excell, 
&c 

His Excell Adjourned the Assembly till three a flock afternoonc ; And be ng attended with 
the Counsellours & Assemblymen, conducted by the Mayor & Aldermen of N;Yorke, went 
to the city hall arid there heard the severull Acts of this Sessions of Assembly published. 

Postmeridiem. 

At A Council held at ffort William Henry, the 14 th of November, 1G92. 

PRESENT His Excell BENJ FLETCHER &c. 

FFRED. PHILIPS, j) GAB. MONVIELE, 

STEP. CORTLANDT, > Esqrs. CHID. BROOKE, 

NICII. BAYARD, ) AViLL. KICOLLS, 

JOHN LAURENCE, 

Vcon reading a Certain Request of the Representatives praying His Excellency and Council for 
an Allowance and order vpon their Matys Coll 1 " & Rec r General! for the sumo of sixty pounds to 
their Speaker for his services to their Matys and the countrey this Sessions of Assembly, in 
Drawing and forming of their Bills, 

It i-i the Opinion of His Excell & Council that in duo time they will take M r Speaker into 
their Considerai on, to reward him for the services he hath done in this Assembly. 

His Excell having called the Representatives be ore him. having had their own opinion 
Concerning the fittest time of their next meeting and the Opinion of the Council!, did Adjourn 
this Assembly until! Munday the twentyeth of March now nextEnsueing; And the said Assembly 
is hereby Adjourned accordingly. 



THE SECOND SESSIONS. 

At a Council held at ffort William Henry, the 20 th of March, 1G92. 

PRESENT His Excell BEN : FLETCHER &c., 

FFRED. PHILIPS, ~\ GAB. MONVIELE, } 

Sl KPH. CoURTLANDT,^-p, ClIID. BROOKE, > Esqi S. 

KICII. BAYARD, JOHN LAURENCE, ) 

WILL"". SMITH, j 

The house of Representatives having signified that they cannot proceed upon businesse, their 
house not being full, 

Adjourned till Wednesday the 22 lb of March. 



1692.] Benjamin Fletcher, Governour. 35 



At A Council held at ffort William Henry, the22 lh of March, 1G92. 

PRETEXT ///* Excell BEN FLETCHER &c., 

FFRED. PHILIPS, CHID. BROOKE, 

STEPII. COUTLAXDT, / WILL. NICOLLS, 

Kicn. BAYARD, SEsqrs. Jonx LAWKEXCE, 

WILLIAM SMITH, C CALEB HEATHCOTE, 

GAB. MOXVIELLE, 

His Excell did order the Clerke of the Council to signify unto the House of Representatives 
that his Excell did expect their attendance to receive what he had to offer to them lor their 
Maties & the Countreys service. 

Mr. Speaker and the Representatives of this Province being present His Excell rose up and 

said : 

Gentlemen, 

I am glad to meet you again here for their Maties and the Countreys service. 

I remember that in the last sessions of Assembly I did recommend to you the Selling of a 
Mi istry in this Province, ihat the worship of God may flourish amongst us, without which we 
cannot but expect a Judgement to follow us and all our undertakings: I doe net understand 
that you have ma !e one step towards it; therefore recommend it to yo r particular care this 
sessions. 

Genii : I need not to tell you that the frencli of C.inida and their Indians, have made a late 
attempt upon our (frontiers and of the victory we have obteind over them. Some of you have 
been in the service \vho c e courage and behaviour is to be commended. 1 was well pleased 
to see the forwardnesse of every one to that accon, and am sorry that the Enemy have gott soe 
well away. I am informed that the charge of that expedicon will amount to ,600, which I lay 
before you to provide a fund to defray it. 

There is alsoe a necessity of my going to Albany this summer, to preserve that old alliance 
between us and the Indians of the five Nations or (as they terme it) to renew the Old Covenant 
chain. The charge of this journey and the presents to be made to the Indians will be G00. 
more, which is likewise to be considered. 

Genii : I did foimerly recommend to you to provide for the building of a Stone ffort nt 
Albany, and doe now tell you there is a necessity for the doing thereof. A Small regular 
Fortilicacon of Stone furnished with such Ordnance, and stores of warr as their Maties have sent 
heither with me, will defend us and all their Maties Provinces & Colonyes on this Maine. Fewer 
men will be required to mantain the (1 ronteers and be able to give a stop to the greatest force 
Canida can send against us, untill we shall have time to bring strength sufficient to beat them, 
which I beieive we shall never faile of. 

If you can therefore propose an Act of Assembly obleiging all sloops going up Iludsons River 
to Albany to take in some considerable quantity of stones for ballast, to be left at Albany for 
thai use, or any other methods to ease the Charge thereof, I shall be glad of it. 

Guild: Their Maties have a Weighhouse in the city of Newyorke which from time to 
time hath payd a rent unto their Maties. I would have it settled upon their Maties by Act of 
Assembly. We are in actual! warr. Our charges are daily growing upon us, must therefore 
lett nothing fall that can add to the revenue, be it never so t-mall or inconsiderable. 

I (iid Endeavour the last sessions to have the Revenues setled upon their Maiies for their 
lives; but it was not granted. I hope you have better considered thereof, and are sensible of 
the great care and affeccon, which their Maties have expressed towards you. They have ordered 
a man of warr to attend your Coast ; sent over 2i> ps of Ordriar.ee, small arms and considerable 
stores of warr, & mantain the two Companyes of Granadeers, at the expense of their Coffers in 
England ; they have devoted the Revenue of the Province wholly to the support of trie 
Government thereof, and have noe other benefite from you but the bare Title. 

Gmtl : There is one small request to you which I hope will meet with noe opposition, 
and that is: that the Kings name may live forever amongst you, I would have a bill passe fur 
the calling Long Island the Island of Nassaw. 

Genii: The fusileers at Albany are to be discharged the first of May, which draws neere 
and we see by daily experience, that the ffrench of Canida by means of these prisoners that are 
amongst our Indians, have a Constant, sure intelligence of all our stepps. Therefore, I doe 
recommend it to you, to make such provisions for the tfronteers that the detachments shall not 
move from them untill they be ivleived by others. 

Genii : I understand there are great complaints amongst the pople tint the taxes and 
Impositions are heavy, which I must confes-e ; but it is not harder with us than with our 
brethren in England; nor can we expect it to be otherwise whilst the warr continues. We 
must therefore bear it with chcerfullucss and patience. 



36 Journal of the Legislative Council of New York. [fat S 

Grjitl : I am now glnd to understand that (he fends and heat? that were amongst the 
people, are at an end. I know noe bettor remedy for them, nor mean* to confirme our peace, 
than n virtuous, pious life and conversation, wliicli I hope every on^ of you will endeavour in 
Yo several! places of Residence; and for my part by the help of God, I shall study to ivo a 
good example. These tilings are what I have to offer at present. I shall be ready to give you 
any assistance. I leave them before you and begg your dispatch. Soe, Gentlemen, you may 
return to your house. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 23" of March, 1G92. 

PRESENT His Excdl BEN FLETCHER &c , 

FFRED. PHILIPS, ^ CHID. BROOKE, 

STEP!!. COCRTLANDT, ( ^ WlLLIAM KlCOLLS, 

NICII. BAYARD, f JOHN- LAWRENCE, 

GAB. MONVIELLE, J CALEB UEATIICOTE, 

M r Wesells and others from the house of Represntative. brought a messungp wherein the 
house of Representatives doe unanimously retunie his Excel I thanks for his Care of the HVonteers, 
and his great dispatch in his personall appearance there, upon the late invasion of the fl reiicli and 
Indians, &c. 

His Exccll did advise them to tell their brethren to lay all private businesse at present aside, 
to Consider what he had offer d to them concerning the il ionteMs; that the first of May draws 
neerc, and if they doe not provide f >r new detachments to be rcndy for their rcleife. or that the 
fu<ileers already there should continue till releife can be sent, the ffronteers may be distroyed. 
When that provision is made He is ready to concurr to any thing which they can propose for 
their private benefite. 

Adjourned till morrow morning. 
March 24 h Adjourned till morrow morning. 
2 ; 3 h Adjourned till munday morning. 
27 lh Adjourned till tuesday morning. 
2S h Adjourned till Wednesday morning. 
29"" Adjourned till thursday morning. 



At A Council held at ffort William Henry, the 30" of March, 1693. 

PRESENT His Excdl. BEN. FLETCHER &c. 

FFRED. PHILIPS, ^ GAB. MOXVIELLE, ^ 

STEPH. COURTLANDT, >Esqrs. CHIDLEY BROOKE, >Esqrs. 

NICII. BAYARD, ) JOHN LAURENCE, ) 

A Bill agreed unto by the bouse of Representatives for the raising of six thousand pounds for 
three hundred men, to reinforce Albany, w,is ordered to be read. 

Vpon reading the Bdl for the raising of six thousand pounds with the Establishment annexed, 
It is the opinion of the Governour and Council that the Corporalls ought to have more 
encouragement than private Centinells equall to their trust and duty as is usuall ; That there is 
need of a City Maj r at Albany with pay to be allowed him which is omitted ; that the county 
of \Wstchester is overrated in their Quota & proporcdn of the tax. 

Oidcnd, that Coll Courtlandt and Chid. Brooke Esqr doe acquaint the house of 
Representatives thereof, and by a Cominitte to concerto with a Committe of the Representatives 
on these heads. 

Adjourned till fry day morning. 



1692.] Benjamin Fletcher, Governour. 37 

At A Council held at ffort William Henry, the ol th of March, 1G93. 
PRESEXT His Excdl BEX FLETCHER &c., 

STEP!!. COURTLANDT, ~) ClIIDLEY BROOKE, > ~ 

NICII. BAYAED, > Esqrs. JOHX LAUEEXCE, \ Lsc l rs - 

GAB. MONVIELLE, ) 

Coll Courtlandt and Chidley Brooke E*qr made report, tlint thecommittcs did meet last nighf, 
pursnraiit to order, and did agree that the form of the establishment for paying the Officers to be 
appointed over the men that slnill be raised, be made as his Excell shall think fitt, provided the 
number of the Effectuall men therein menroned & intended, doe remaine, And tliat the Quota 
of money for th" County ot Westchtster doe remaine as it stands in the Bid. 

Adjourned till Saturday morning. 



At A Council held at ffort William Henry, the first of Aprill, 1693. 

PEESEXT His Excdl BEX FLETCHER c., 

STEPH. COURTLANDT, } CHID. BROOKE, ) -p 

KICII. BAYARD, > Esqrs. JOIJN LAWRENCE, ) ^ rs< 

GAB. MONVIELLE, j 

His Excell proposed that in the establishment of the four Companyrs annexed to the six 
thousand pound Bill, there should be Established four shill ^ diem for a Tovvne Maj r at Albany, 
one chirurgeon at !? G 1 ty diem, and a Commissary of the stores and Commissary of the musters 
to be two distinct persons, at 2* G d each & diem ; which is assented unto by the Council, nomine 
con nnlti cnte. 

Onlrrctl, the Reading of the ,0000 Bill a second time. 

O dirnl, the Reading of the Bill to call Long Island the Island of Nassau. 

The Governour and Council doe agree that it be provided in the said Bill, that from henceforth 
Lonj Island be nominated The Island of Nass;iw, in all Grants, couve) ances, Deeds, writings & 
Records whatsover within this Province. 

Onln-il, John Laurence E-qr doe cary this minute of the Bill, to call Long Island Nassaw, 
for the consent of the house of Representatives to that addition. 

Adjourned till munday morning. 



At A Council held at ffort William Henry, the 3 d of Aprill, 1693. 

PEESEXT His Excell BEX FLETCHEE &c., 

STEPIIEX COURTLAXDT, ^ CHID. BROOKE, ) 

WILL SMITH, > Esqrs. JOHN LAURENCE, ) 

GAB. MOXYIELLE, ) 

Ordered, the G000 Bill be read tr-e C d time. 

Vpon the reading the Bill for the raising GOOU, the Governour and Council doe assent unto 
the same. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the th of Apr., 1693. 

PRESENT His Excell BEN. FLETCHER, &c., 

FFEED. PHILLIPS, ) WILL SMITH, ~) 

STEPH. COURTLAXDT, > Esqrs. Tuo. WILLETT, > Esqrs. 

NICH. BAYARD, ) JOHX LAURENCE, ) 

M r Robinson &c brought a messuage from the house of Representatives signifying their 
house had appointed M r . Robinson, Cap Courtlandt, Captaine Kip, Maj r Wessells and Captaine 
Van Schaick, a Committe of their bouse, and desiring His Escell & Council to appoint a 



38 Journal of the Legislative Council of New York. [f J g"" ; 

Committe of the Council to joyne them for the plainer ascertaining the debts of the Government 
that are to be payd by the dutyes raised by Act of Assembly lor that purpose, and alsoe for 
removing the doubts and questions lately risen concerning the meaning of tht Act. 

His Excell did nominate Coll Courtlandt, Coll Bayard, Chidley Brooke & Will" 1 Nicolls Esqrs 
A C.mimitte to joyne the Committe of the Representatives for that Intent, which is agreed unto 
accordingly. 

OrJercl, that Coll William Smith doe joyne the former Commifcte, appointed the 12" of 
November last, for regulating the fFees. 

Ord-red, the same Committe which is this day appointed to ascertnine the debts of the 
Government cSrc, be a Committe to examine into the amount of the Revenue and Expense 
thereof, since His Excell 5 arriveull. 

V|>on the desiiv of the h uise of Representntives to have a Committe appointed by His 
Excell \-, C ni icel to joyne with M r Robinson, M r Whitehc-id, M r Tuthill, M r Burns, M r Gorton 
and M r Van Schaick (A Committe of their house), to confurr upon the aildition in the Bill to 
call Long Island, Nassaw, 

Ordered, that the Committe appointed for regulating the ffjes be a Committe for that 
conference. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the b" 1 day of Aprill, 1693. 

PRESENT Ills Excell BEN: FLETCHER, dec., 

FFRED. PHILIPS, \ WILL" NICOLLS, ^ 

Sl ICPII. COUKTLANDT, (^ . TllO. WlLLET, > Esqi S. 

NICII. BAYARD, f JOHN LAUREXCE, ) 

CHID. BROOKE, ) 

Ordcrd, that Coll Courtlandt, Coll Smith, Chidley Brooke & Will Nicolls Esqr bo a 
Committrt of this board, to joyne a Committe of the Representatives, to concertd about 
regulating the rides and dutyes of their Maties Weighhouse. 

Ordered, C.)ll Willet don signify the appo ntment of this Committ j for regulating the rules 
an:l dutyes of their Mityes Wjigli house to the house of Representatives, and desire them to 
appoint a Committe of their house to meet and concerte thereof this afternoone. 

Adjourned until Saturday morning. 



At A Council held at ffort William Henry, the 8 A of Aprill, 1693. 
PRESENT His Excell BEX: FLETCHER, &c., 

FFRED. PHILIPS, ~~\ WlLL m NlCOLLS, } 

STEPH. COURTLANDT, ^-p . Jonx LAURENCE, > Esqrs. 

NICH. BAYARD, f CALEB HEATHCOTE, ) 

WILL"" SMITH, J 

The Bill for calling Long Island, the Island of Nassaw being three times read, is assented 
unto by His Excell & Council. 
Adjourntd till Munday morning. 



At A Council held at ffort William Henry the tenth of Aprill, 1693. 

PRESENT His Excell BEN: FLETCHER, &c., 

FFRED. PHILIPS, ~) WILL SMITH, } 

STEPH. COURTLANDT, > Esqrs. CHID. BROOKE, > Esqrs. 

NICII. BAYARD, ) JOHN LAUREXCE, ) 

Vpon reading the Bill intituled, A Bill for Establishing the rates of their Maties beam at 
their weighhouse, 

His Excell and Council do? assent unto the rates agree! unto by the Representatives, but 
forasmuch as his Excell did finde the said Weighhouse in ihe possession of the Crowne u ion 
arriveall, and that for the ease and benefite of the Inhabitants and Traders to and from this 



1G93.] Benjamin Fletcher, Governour. 39 

Province, His Excell hath condescended that the house of Representatives should ascertainethe 
r ttes & diit.yes thereof, as may he most easy ; theref ire, cannot agree that it should be 
limited by the sd Bill to two years. 

Onlu-r.d, That John Luirence E.sqr doe signify to the hous3 of Representatives, that His 
Excell & Council will Absent unto the sJ Bill, provided the l;ist clause of Liiniiajous be 
wholly left out, and desire their assent thereunto, without losse of time. 

Adjourned till afternoone. 

The tenth of Aprill, 1G93. 3 a clock, afternoone. 

PRESENTTBUS lisdcm. 

The house of Representatives having assented to the taking off of the limitation in the Bill 
for reffiihiting the Rates of their Maties beam, and the said Bill being three times read, 

His Excell & Council doe assent to the sd Bill. 

His Excell signed the following Bills, viz : 

The (idOOjE Bill for the reinforcem 1 of Albany & the ffrouteers of their Maties Plantacons 
on the Maine of America, for one year next Enaueing. 

The Bill to call Long Island, the Island "f Nassaw. 

The Bill Establishing the rates of their Maties beam in their Weighhouse. 

di i-nl, the Cleike of the Council doe acquaint M r Speaker that His Excell in Council did 
Expect their attendance, in order to an adjournment. 

.U r Speaker and the Representatives being present His Excell said : 

Gentlemen, 

1 have received their Maties Commands to travail into Pensilvania, to receive that Province 
and New Castle under my care and Government, which I hope will be an advantage to this 
Province, and if our taxes and dutyes for the future be made easier thereby, I shall not value 
my trouble. I finde it therefore ueedfull at present, tho there is but litle done, to adjourne you 
for some time. 

G. ?>tlcmcn 

The first thing tint I did recommend to you, at Our last meeting, was to provide for a 
Ministrv ; and nothing done in it. There are none of you but what are bigg with the priviledge 
of Englishmen, and Magna Cliarta, which is yo r right; And the same Law doth provide for the 
religion of the Church of England, against Sabboth breaking, swearing and all other profanity. 
But as you have made it last, and postpon d it this Sessions, I hope you will beginn with it the 
next meeting, and doe somewhat towards it effectually. 

Gentlemen 

You have been very cheerfull in passing of the 6000 Bill, for the reinforcing of the 
ffrontecrs ; for which I returne you thanks, and shall recommend yo r care of the fronteers to 
their Maties. As for the Bill to call Long Island, the Island of Nassaw, It mett with some 
opposition amongst you ; but I beleive it proceeded meerely from ignorance; for the calling of 
that Island by a new name for the time to come, can noe waves hurt or injure any former grants 
or conveyances of Lands ; I had no other design in proposing of it unto you, than that We 
might put some marke of our respect upon the best of Kings, which you have granted. I am 
alsoe thankful] for that. 

The third Bill which you have pnssed. is for their Maties beam at the Weighhouse. I am a 
stranger to the manner of its being first Established ; but informed that it was, by agreement 
between the English and Dutch, upon the surrender of this Province, continued in force with 
all the former rules and dutyes thereof. I found it in the Kings possession upon my arriveall, and 
have condescended that, for the ease and benefite of the Merchants and Inhabitants of the City 
of Newyorke, you should regulate the ffees and dutyes thereof, as should seemegood ; which I 
am contented to agree unto. But it seemeth strange to me that you should goe about to limite 
it to two years, being their Maties property ; that you have consented to take off the limitacon, 
is soe farr well. 

Gentlemen 

Upon my returne from Pensilvania (God willing), I shall visite Albany and the ffronteers, so 
that We cannot Expect to meet again in a short time. Doe therefore adjourne till the first of 
September next, and wish you all safe to your homes. 



40 Journal of the Legislative Council of New York. [!] ^ 

[ IN EXECUTIVE SESSION.] 
At a Council held at jfort William Henry, the 27" day of July, 1G93. 

PRESENT His Exccll BEN: FFLETCIIER, &c., 

FFRED. PHILIPS, ~\ WILL" Ni COLLS, 

STEl II. CORTLANDT, A TlIO. WlLLEIT, 

v " 



KICII. BAYARD, vEsqrs. WILL" PINHORNK 

N LAWRENCE, j 



>Esqrs. 

J 1I111V/H1^1_JJ 

WILL SMITH, I JOHN 

GAB. MONVIELLE, 3 

HisExccll desired the opinion of this bo.ird concerning the present Assmbly. 

This board are of opinion, ncmiuc contrailicoilc, that it ought to be DISSOLVED and advise his 
Excellency accordingly. 

His Excel!, with the advice & consent of the Council! dop order that Writts issue for the 
Election of New Representatives from the several! cittves and countyes in this Government 
returnable as usuall the seventh day of September next ensueing. 



Anno R R & Ha; Will! & Mariffi Angl &c V< 

THE THIRD ASSEMBLY FIRST SESSION. 



Province of ] 
Nuwyorke 



At A Council held at ffort William Henry, the l h of Sept" 1693. 

PRESENT His Excell BEX. FFLETCHER, &c., 

STEPH. CORTLANDT, ^ WILLIAM PINHORNE, ) g sqrg 

NICH. BAYARD, > Esqrs. JOHN LAURENCE, > 

GAB. MONVIELLE, ) 

His Excell adjourned the Assembly to the 11 th of September instant many of the 
Representatives not yet come to Tovvne. 



At A Council held at fort William Henry, the \l lh of Sept r , 1693, forenoon. 

PRESENT Ifa Excell BENJA. FFLETCHER, &c., 

FFRED. PHILIPS, } GAB. MONVIELLE, "i 

STEPII. CORTLANDT, \ Esqrs. WILL PINHORNE, \ Esqrs. 

NICH. BAYARD, ) JOHN LAURENCE, ) 

The Representatives having presented themselves to his Excell & Corlncil His Excell did 
Acquaint them that lie had appointed Coll Cortlandt & Coll Bayard to Administer unto them 
the ontlis & test which did capacitate them to serve in Assembly ; then they withdrew. 

Adjourned to 2 a clock afternoon. 

Postmeridiem. 

PRESENTIBUS Jlsdcm. 

Coll Cortlandt & Coll Bayard did return that they have administred the oaths & Test to the 
Representatives who are present, one of which Representatives upon pretence of conscience 
reluiseth & two are absent. 

O. dcrcd, A Wrict issue forthwith for the choice of another Representative to serve in the room 
of him that refuiseth the oaths. 

His Kxcell bid the Representatives withdraw and make choice of their Speaker which he 
hoped would riot spend much time, told them that when they presented their Speaker he would 
acquaint them with what he had to offer for their Mat 5 service. 

Adjourned till morrow morning. 



At A Council held at fort William Henry, the 12 th of September, 1693. 

PRESENT His Excell BEN : FFLETCHER, &c., 

FFRED. PHILIPS, WILLIAM PINIIORNE, 



STEPH. CORTLAXDT, > Esqrs. JOHX LAURENCE, 

NICH. BAYARD, ) 

The Representatives did present James Graham Esqr their Speaker and desired his Excell 
approbacon. 

The Speaker made a modest apology. 

His Excell did approve of their choice. 

The Speaker desired the confirmacon of their antient priviledges giving them in writing & 
desiring they may be recorded in the Council book: which His Excell did grant & offered to 
grant them anything else might be for their service which they could think upon and ordered 
that it should be recorded in the Council book. 



House of Representatives for the. Province of Newyorke. 
Die Lunae P. M. 7"" ll tb 1693. 



Ordered, That the Speaker upon his being approved by his Excell doe Addresse his Excell & 
Council in behalfe of this house and demand that the usuall rights priviledges & customs of this 
house may be confirmed. 

G 



42 Journal of the Legislative Council of Neio York. [ ^ a ". 

Imprimis That none of the members of this house nor their servants be arrested nor molested 
during this sessions of Assembly. 

2 d]f That they may have freedom of accesse to his Excell & Council when occacon 
requires. 

3<iiy That they may have liberty of speech and a favourable construction made upon all such 
debates as shall arise amongst them. 

Lnstly That if auy misunderstanding should arise between this honorable bonrd and the house 
of Representatives that a Committe of the Council may be appointed to Joyne with a Committe 
of this house to conferr thereupon, that the same may be removed and that this their demands 
according to former precedents may be approved by his Excell and Council & Entered in the 
Council books accordingly. 

By order of the house of Representatives, 

JA : GRAHAM, Speaker. 

Then His Excellency spoak saying : 

M f Speaker and you Gentlemen the Representatives of this Province 

I Observe many of you were of the former Assembly Yo r knowledge in the affairs of the 
Government of this Province and methods of Assembly will shorten what I have to sny. 

I recommended to the former Assembly the selling of an able Ministry that ihe worship of 
God may be observed among us for I finde that great & first duty very much neglected ; lett us 
not forgett that there is a God that made us who will protect us if we serve him. This luts 
been nlwayes the first thing I have recommended, yet the last in your consideracon I hope you 
are all satisfyed of the great necessity and duty that lyes upon you, to doe this as you expect Ids 
blessing upon yo r labours. 

Gentlemen, the nq^t thing I have to lay before you is the settlement of their Mat" Revenue 
in this Province Their Mat 8 are of our own Religion if we are true Protestants, and there are 
some that have not nor will be wanting in England to make their remarks of yo r behaviour in 
this matter. I am a plain man and have had my educacon in a camp ; I doe not pretend to 
Rhetori<-k nor the part of nn Oratour. I have seen his present Maty expose his person for Our 
Religion and liberty as he does at this day ; it is inexcusable if we doe not place some marke 
of our dutyf ull respect upon their present Mats. A former Assembly of this Province gave the 
same revenue (to which there is not added one halfpenny) to King Janus & his heirs which is 
forever. Their Maties have never ordered a farthing of it to any other use than the support of 
Government & defence of the Province and not only soe but have sent over more sums more 
ammunicon and greater stores than ever any King before them hath done, ; beside the payment 
of the two Companyes out their own Coffers and the great expense in m uitaining a guard ship 
for your defence \vill certainly call for a gratefull sence from loyall subjects. And fur us to 
pretend to setle the Revenue for two years only, is not what might be expected from subjects 
under so high obligacons. If we are true Protestants, we cannot easily forgett the great 
deliverance we have received when we were even upon the brinck of popery ; besides their 
Maties examples of virtue & piety in their lives with the consideracon of this mighty deliverance 
should influence us to some more than ordinary marke of affection and Esteem & to settle the 
Revenue (which is very easy to every one) upon their Maties for lives (which pray God may be 
long & prosperous). It is the least testimony we can give them of our thankfullnesse for their 
care of the Government. I have lately received some further royal I marks of their care for 
the defence of Albany, having ordered a sume of money out their own coffers to that 
purpose. 

Gentlemen, lett not opportunity be given to any person to asperse you with that new coind 
name of Jacobites, but let us show a zeal and good affeccon for their Mats and their Government 
which is all my aim & shall be my endeavour. 

I have designed a platforme on which I purpose to mount a battery for the defence of this 
City which is indeed the safety of the Province. I suppose you have all heard how we have 
bin lately alarm d with the noise of a squadron of ffrench ships designed to attack this place. 
I have viewd the river and sounded in severall parts, in order to raise some fortidcacons to 
impeHe their accesse to the City, but at length concluded a good battery upon this plateform e 
would answer the end. I have by their Maties favour unto you gunns for one teere ; I have 
wrote for more and shall be the better enabled to ask them or what else there may be occasion 
for, when you have showed your respects to their Maties in setlirig the Revenue upon them for 
their lives. 

There is likewise the Kings Chappell in the ffort which being ready to fall down to the 
danger of many lives, I thought it convenient to pull it down, and if you will give something 
towards the rebuilding of it we will all joyne in soe good a woik. If his Maty were not 
engTged in an expensive warr I should not doubt to have orders to rebuild it at his own charge. 
I leave these things before you for your consideracon which consists of but three heads; Your 
duty to God, Your loyalty and affeccon to the best of Kings, and Your own safety and defence. 



1693.] Benjamin Fletcher, Governour. 43 

Soe, Gentlemen, you may withdraw to your house. I pray God direct you to proceed in these 
things which are most consistent with conscience & honour. 
The Representatives made a bow & withdrew. 
Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 13 * of September, 1693. 

PRESENT His Excell BEN. FLETCHER, &c., 

STEPH. CORTLANDT, } CFIID. BROOKE, } 

NICH. BAYARD, > Esqrs. WILL NICOLLS, > Esqrs. 

WILLIAM SMITH, ) JOHN LAURENCE, ) 

Reso 7 vcd, that in case the Representatives doe not proceed to setle the Revenue upon their 
Muties for their lives, that the Clerk of the Council doe draw up a short Bill for the setting & 
continuing of the former Bill of the Revenue in all its parts during their Maties lives and that 
it be sent down to the Representatives for their consent. 

His Excell ordered William I inhorne Esqr to ask of the Representatives if they had any thing 
ready to offer to His Excell and Council this day and that he desire a copy of their daily 
minutes & votes be sent up to him every night as formerly. 

William Pinhorne returned in answer that they had nothing to offer at present and that their 
Clerke being demanded for his neglect did Answer, that he w;is to vvaite upon His Excell by four 
a clock afternoon and his Excell being abroad he did keep them, but that he should bring up to 
his Excell the votes of both days together this evening. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 14 * of September, 1693. 

PRESENT His Excdl BEN : FFLETCHER, &c., 

STEPH. CORTLANDT,~) CHID. BROOKE, } 

NICH. BAYARD, Q,-, WILLIAM NICOLLS, f v 

WILL. SMITH, >^ s <l s WILLIAM PINHORNE, /* 

GAB. MONVIELLE, j JOHN YOUNGS, j 

It being signified that there was nothing in the Assembly to be offered this day to His Excell 
and Council, His Excell 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 15 * of September, 1693. 

PRESENT His Excell BEN: FFLETCHER, &c , 

FFRED. PHILIPS, "} CHID. BROOKE, } 

STEPH. CORTLANDT/,,, WILLIAM NICOLLS, (-^ 

NICH. BAYARD, f * WILLIAM PINUORNE, ^ 

WILLIAM SMITH, j JOHN YOUNGS, J 

Vpon the reading a memoriall given in by Coll Andrew Hamilton Post Master Generall of 
the Maine in America concerning the Post Office wherein is set forth the great charge he is at 
in mantaining the Office being four times soe much as the profitts arising thereby, praying that 
in consideracon of the conveniency of trade & correspondence it may be supported the first 
three years by a sallary of 100, ty annum, 

Resolved, that in consideracon of the Great ease in saving the charge of publick expresses 
and of the great advantage of trade it be forthwith recommended to the Assembly for their 
consideracon, and it is hereby recommended accordingly. 

Mr Tuthill &c presented an Addresse to his Excellency in Council for the Establishing of a 
ffree port in each county in the Island Nassaw, which His Excell received & told them he 
would take it into consideracon. 

Adjourned till the 20 lh of Septem r 1693, 



44 



Journal of the Legislative Council of JVew York. 



[3d Assem. 
1st BUBO 11. 



At A Council held at ffort William Henry the 20" of September, 1693. 



PRESENT 



His Ejccdl BENJAMIN FFLETCIIER, &c., 



FFRED. PHILIPS, 
STEPH. CORTLANDT, 
Nicn. BAYARD, 



Esqrs. 



CHID. BROOKE, 
JOHN T LAURENCE, 
JOHN YOUNGS, 



Esqrs. 



OrJercd, M r Pinhorne doe goe to the house of Representatives and minde them the 
preciousnesse of time and great charge the country is at ; therefore they are desired to dispatch 
their businesse 

M r Pinhorne returned that the Speaker said they were in readynesse to waite upon his 
Excell immediatly 

Vpon the Peticon of the freeholders of Westchester complaining of the inequality of their 
Quota of taxes to that of the other Cityes and Countyes of this Province, the same is referred 
to the Representatives for their consideracon 

M r Theale &c from the house of Representatives prespnted A Bill against unlawful! seisures 
& forfeitures ; which was Ordered to be read and was read the first time. 

Jacobus Cortlandt &c presented to this board the Bill of the Revenue which was Ordered to 
be read and was read the first time. 

His Excell put it to the vote whether it may be for the benefite or prejudice of this 
Province to passe the Bill against unlawful! seisures & forfeitures. 

The whole Council ncmine contradicente doe vote that the passing thereof will be to the 
prejudice of the Countrey 

His Excell did put it to the vote whether it should be again recommended to the Assembly 
to passe the Bill for the continuation of the Revenue for their Maties lives or that it slioulJ 
passe this board as they have returned it for five years longer. 

The Council ncmine contradicente are for having this Bill amended and made for their Maties 
lives and sent back to the house of Representatives for their consent. 

Ordend, Coll Steph Conlandt, Coll Nich Bayard, Chidley Brooke Esqr, William Nicolls 
Esqr, & William Pinhorne Esqr, be and they are hereby appointed a Committe to consider of 
and regulate the table of ffees. 

Ordered, Coll Stephen Cortlandt, Coll Nicholas Bayard, Chidley Brooke Esqr, William 
Pinhorne Esqr, and Coll Caleb Heathcote be a Committe of this board & they are hereby 
appointed a Committe of this board to Meet a Committe of the house of Representatives to be 
thereunto appointed to couferr upon the altering the Bill of the Revenue from five years to 
their Maties for their lives. 

Onicrcd, that Chidley Brooke Esqr doe deliver a copy of the proceeding order to the 
Representatives and desire from this board that a Committe of Representatives may be 
appointed to meet the Committe of the Council for that purpose sometime this afternoone 

Adjourned till morrow morning. 

At A meeting of the Committes of Council & Assembly at the house of Coll Steph 
Cortlundt in Newyorke the 20 lh of September 1G93 afternoon. 



PRESENT 



Coll STEPH. CORTLANDT, 
Coll NICH. BAYARD, 
CHID. BROOKE Esqr., 
WILLIAM PINHORNE, Esqr., 
Coll CALEB HEATHCOTE, 



>of the Council. 



Coll PIERSON, 
M r CORTLANDT, 
M r KIP, 
M r WESSELLS, 
M r JACKSON, 
M r STILLWELL, 
M r WHITEIIEAD, 
M r RUTGERSON, 
M r EKLANE & 
M r JACOBS, 



of the Assembly. 



WILL"* PINHORNE Esqr. 
Gentlemen, 

The occasion of our meeting here is the bill of the revenue which you have passed for five 
years It is the opinion of His Excell and the whole council that it were better amended and 
the revenue setled upon their Maties during their lives and that for these reasons : 

There is noe easyer way to defray the charge of the Government than by a Revenue upon 
trade & excise of liquors which noe man ever fe^ls and when these five years are expired the 
charge of the Government must still be supplyed. 



1C93.] Benjamin Fletcher, Governour. 45 

"When the Revenue is setled upon their Maties for their lives, There is not a farthing more 
given than what you now give nor has his Excellency any benefite thereby other than that by 
yo r passing the Complement upon their present Maties who are of our own Religion, have 
brought us so great a deliverance and have been at such great charge in sending over such 
quantityes of artillary aramunicon & stores for our defence, who mantaine the two companyes 
of Granadeera & a guard ship out of their own Coffers which brings a private benefite unto 
this Provincaby the consumption of our provisions and who have made such fair steps for our 
assistance and the annexation of the neighbouring Colonyes that are in a manner unhing d 
from Government; His Excellency may b^ enabled thereby with greater boldnesse & hope of 
successe to make applicacon unto their Maties for such other favours as are now needlull for 
the ease of this Province, as four Companyes of foot during the vvarr, the building of a stone 
flbrt at Albany, which would sufficiently secure the fronteers & ease the countrey wholly of 
the nnnuiill subsidies which being levyed by taxes are become an intolerable burden to the 
people. We want more artillary, ammunicon; more small arms & oy r stores of warr; the 
selling the Revenue upon their Maties for their lives is no more than what our neighbours of 
Virginia <t Maryland have done: One having setled a Revenue upon their Maties their heirs & 
Successors; the other for their lives. 

You may likewise remember the same revenue was given to K. James and his heirs with a 
tack billot yo r priviledges which he did not passe, hut A Charter of the same priviledges did 
p;isse m the first Assembly after Governor Sloughter s arriveall, tho that Assembly gave the 
revenue to their Maties for two years and noe more. 

Coll PIERSON:. 

The Revenue is not Sufficient in this time of warr to defray the charge of the Government and 
we have it under consideracon to support the Government another way. And the yearly 
subsidys for defence of the (frontiers being raised upon us by taxes, we have continued the 
Revenue for five years in expectation the warr may be at an end, when we intend to let 
the Revenue fall and Support the Government otherwise. We expect an annexation of the 
neighbouring Colonyes and it will fall easyer then than now at present it would doe, there will 
be more to bear the burden and it is for that end only we have at this time continued the revenue 
for live years. 

CHIDLEY BROOKE Esqr. 

Gcntl It seems strange to me you should stand so much in yo r own light as to neglect the 
present demand of his Excell and Council who have noe oilier interest thereby than the good of 
the Province and desire nothing from you but what is already given. You only put the 
Complement upon their Maties and thereby enable His Excellency to procure those favours 
from their Maties for you which will ease you of all your burdens & greivances. Their Maties 
doe not put a farthing thereof in their Coffers but have allotted all this Revenue for support of 
this Government, which is indeed a giving of it to your selves; for Government must be supported 
and you can fiude noe easyer way than by a Revenue. 

Mr KIP. 

I cannot beleive that their Maties are to be guided by a bare Complement (which is nothing) 
to study the welfare of the subject nor will they be wanting in any thing for want thereof. 

M r CORTLANDT. 

Gentlemen Our purses are allways open to their Maties; we wish it were in our power to 
serve them with lOO/iOO^ a year; we should be glad to send it them over for their present 
occasions in the warr, but it cannot be their Maties interest to hurt their subjects; we have not 
been wanting in giving supplyes from time to time nor does it enter in Our thoughts ever to 
raise a lesse fund for support of y e Government than the present Revenue, but to setle it upon 
their Maties for their lives, is president all and will be expected by the next Successour and we 
shall be tyed and Our trade clogged when our neighbours goe free on both hands, and this is 
our present circumstance. Their trade flourisheth, Ours decays; they draw away both our 
riches and people; We become oppressed & ridiculed & cannot tell how to help our selves. 
We have therefore considered of another way to support the Government And of making our 
selves equall with our neighbour, though at present we must submitt to the burden. 

CHIDLEY BROOKE Esrjr. 

Gentlemen What easyer fund can be proposed than this Revenue? If you propose a tax you 
will tinde more difficulty to gett your neighbours to comply with you in taxes which are always 
greivous to the poor, and likewise the granting the revenue (or their Maties lives will not only 
enable His Excell to procure the annexacon, but there is alsoe a prerogative conteind in the 
Letters Patents which is the opening & Establishing of ports & of shutting them up whereby they 



46 Journal of the Legislative Council of New York. 

must be necessitate to submit to tbe same revenue or be obleig d to make use of this port where 
they must consequently pay the same dutyes. 

WILLIAM PINHORNE Esqr. 

Grntlcm.cn, it is a mistake to think our trade decays and our neighbours flourish ; noe mnn 
feels the revenue, it is soe easy, nor dotli it influence our trade or the price of our goods. We 
cannot perceive our trade any wayes lessened. New England are a greater people<han we, and 
considering our number of Inhabitants, our trade is rather better than worse. 

M r CORTLANDT. 

S r I can make it appear that several! sumes of money have been cnryed from this place to Rhod 
Island to purchase rum for Virginia which (were it not for the Groat in the gallon) would have 
remained with us. 

Coll STEPHEN CORTLAXDT. 

Brother, I must oppose you in this thing; you say that there can be a more easy way than a 
revenue upon trade & excise upon liquors; in this you seem to oppose yo 1 selfe, for the taxes 
come from every poor man in the Government and generally fall heavyest upon them, whereas 
the Customs are very easy two ^f cent, and fall upon the merchant, and his Comodityes 
are least wanted by the poor and are a great part consumed by Our neighbours. The excise 
comes altogether from the extravagancy of drinking in taverns which never hurts the poor 
unlesse they choose to goe thither & spend their money; they may drink what they will at 
home & pay noe excise for it. 

Mr CORTLANDT. 

We have some Goods as beaver & peltry pay neer 7 *tP cent. 

CHIDLEY BROOKE Esqr. 
That falls upon the merchant; still how is the Countrey hurt by it? 

Coll NICHOLAS BAYARD. 

I remember M r Corilandt you spoak of Our neighbours getting both our trade & Inhabitants. 
I must remarke to you that it never was the Revenue that made our Inhabitants remove, but 
the burdensome taxes and more burdensome detachments for Albany. The revenue is soe small 
it never was felt to make any difference or to influence the prices of comodityes; therefore you 
can never propose a better or easyer fund to defray the charge of Government. 

WILLIAM PINHORNE Esqr. 

Gmtl, if you will setle the Revenue upon their Maties for lives, it will be a marke of yo r 
respect for them & put his Excell in a better way to serve you in removing the oppressions of 
taxes & detachments by getting the fronteers secured by four Companyes from England & a 
stone fort built at Albany at their Maties charge. 

M" PIEKSON. 
Perhaps Gentlemen when the five years are over, We may give it for five years more. 

CHID BROOKE Esqr. 

Why not as well give now for their Maties lives? A former Assembly of this Province gave 
it to King James and his heirs which is forever. 

M r PlERSON. 

S r We gave it not to King James; it was a conditionall Grant between us and the Duke of 
Yorke who was then a Subject. 

CHID BROOKE 



But it was given to him and his heirs which is forever, and being a Subject yo r reasons are 
soe much weaker; it is now only desired of you as an argument to procure the things you want 
and it seemeth strange you should oppose yo r own interest. 

WILLIAM PIXHORNE Esqr. 

Genii You have now a fair opportunity to serve yo r selves by putting it in his Excell power 
to recommend you to their Maties that you may reap the benefite of his interest at Court which 
is considerable. 



1693.] Benjamin Fletcher, Governour. 47 

Gcntl. You have heard what hath been said for the setling of the Revenue of this Province 
upon their Maties for their lives, and how little there is to be said against it. I shall not repeat 
those arguments. I hope you have considered them, And that his Excell can have no other 
interest by asking this than yo r own Good & benefite, which is that he hath ever sturlyed. I 
hope you are convinced ; I shall not insist longer but desire every man to give his free vote, 
Whether he be for having the bill altered from five years and made for their Maties lives or for 
continuing it to passe as it is. 

The members of Council present Gave their votes severally for their Maties lives. 

The .Representatives all severally against altering the Bill. 



At A Council held at jfort William Henry, the 21 A of September 1693. 
PRESENT His Excdl BENJ : FFLETCHER &c., 

STEP!!. CORTLANDT, ~} WlLLIAM PlNIlORNE, ^ 

]\ICH. BAYARD, f -^ JOHN LAURENCE, ( ^ 

r. > Esqrs. > Esqrs. 

CHID. BROOKE, ( JOHN YOUNGS, ( 

WILLIAM XICOLL, j CALEB HEATHCOTE, j 

The Committe of the Council did report having mett with the Committe of the house of 
Representatives ; they did use many arguments to persuade them to Continue the Revenue upon 
their M;ities for their lives but could not prevnile upon one of them. 

His Excell di 1 put it to the vote whether the Bill for continuing the Revenue to their Maties 
should passe or no ? 

The Council netnine contradiccntc are for passing of the sd Bill without amendment, since the 
Representatives cannot be prevailed upon to alter it. 

Order d, the Bill for continuing the Revenue to their Maties for five years longer be read a 
second & third time, which w r as done accordingly. 

The Governor and Council doe consent to the Bill for Continuing the Revenue to their Maties 
for five years longer with this amendment of the title thereof that the title of the former Act of 
the Revenue be menconed therein ond desire the concurrance of the house to that amendment 
viz : that the title he, A Bill confirming & continuing unto to their Maties the Revenue 
established by An Act m-id) in the fourth year of their Matifs reign for the defraying the 
necessary charge of the Government five years longer than the terme therein menconed. 

Ordered, Coll John Youngs doe present to the Representatives a copy of the proceeding 
minute & desire the consent of th* house to the amendment of the title accordingly. 

Ordered, The Bill for setling a Ministry be read a 2 d time, which was done. 

His Excell desired the opinion of this board for the adjournment, prorogation or dissolution 
of this Assembly. 

This board ncmine contradiccnte are for dissolving the Assembly and advise that for the present 
time it be prorogued to the 10 lb of January next. 

Adjourned till morrow morning. 



At A Council held at jfort William Henry, the 22 th of September, 1693. 

PRESENT His Excdl BENJ FFLETCIIER &c., 

FFRED. PHILIPS, ^ WILLIAM PINHORNE, ) E 

STEPII. CORTLANDT, > Esqrs. JOHN YOUNGS, ) 

CHID. BROOKE, ) 

The Amendment of the title of the Bill of the Revenue done by the Representatives by 
removing the first sheet and transcribing it with the amendment was ordered to be read three 
times, which was done, And the Governor & Council doe assent thereunto. 

Ordered, the Bill for selling a Ministry be read a third time. 

The Bill for setling a Ministry is assented unto by the Governor and Council with this 
amendment : That in the last sheet between the lines 3 a & 4 lh be inserted (,ind presented to the 
Governor to be approved & collated. 

Ordered, Wdlia:n Pinhorne Esqr doa present fie sd bill with amendment to the 
Representatives and desire their consent thereunto an 1 that he do3 t j ll them to despatch 
the businesse before them, time being preci.nis anj a charge growing upon the countrey. 

M r Piuhorne returned that he had delivered his messuage; that they made answer they had 
no businesse before them ; they waited his Excell pleasure & that they would immediatly 
dispatch this present bill with amendment. 

Adjourned till afternoon. 



48 Journal of the Legislative Council of New York. [iis3: 

Postmeridiem, the 22 th of September, 1G93. 

PRESENT His Excellency BENJ FFLETCIIER, &c., 

STEPII CORTLANDT, ^ JOHN LAURENCE, ) g 

GAB. MONVIELLB, > Esqrs. JOHN YOUNGS, 3 

WILLIAM PINIIORNE, ) 

The Clerke of the Council did acquaint tlie board that the Representatives had refuised to 
amend the Bill for selling a Ministry &c having signiiyed the same under iheir Speaker s hand 
annexed to the Bill which was brought up after the Council was Adjourned in the forenoon, 

His Excell ordered the Clerk of the Council to acquaint the Speaker That His Exrell nnd 
Council doe expect his attendance with the Representatives forthwith in the Council Chamber. 

Mr Speaker and the members of Assembly being present His Excell said : 

Gentlemen 

The first Bill I see before me is intituled, A Bill to prevent unlawful! seisures & forfeitures, if 
it may deserve the name of a bill, for it is very much wanting in forme, soe that it seems strange 
to me it should passe your house being thr^e times read I caused it to be read in Council & 
desired the opinion of the board but I found a nemin?. contradicente against it as being very 
much prejudicial 1 to the trade of this Province and therefore it is laid aside. 

The next is the Bill of the Revenue. I had no other end to ask it for their Maties lives but 
your own interest and the benefite of this Province ; I did tell you that the whole council were 
for giving it for life and you have soe title to say against it that I can attribute it to nothing 
Jesse than stubbornnesse as if you had agreed to deny what is asked you. You have given i: for 
five years and I have passed it. I wish you had considered better your own interest ; but I shall 
say no more of it. 

There is alsoe A Bill for setlmg a Ministry in this City & some other Countyes of the 
Government; in that very thing you have shown a great deal of stiffhesse. You take upon 
you a-i if you were dictators. I sent down to you one amendment of three or four words in 
that Bill, which tho very immateriall yet was positively denyed. I must tell you it seems 
very unmannerly ; there never w.is an amendment yet desired by the Council board but what 
was rejected ; it is the sigu of a stubborn ill temper and this have alsoe passed. But 

Gentlemen, 

I must take leave to tell you if you seem to understand by these words (calling the Minister) 
that none can serve without your collation or Establishment, you are far mistaken ; for I have the 
power of Collating or suspending any Minister in my Government by their Maties Lres Patents; 
and whilst I stay in the Government, I will take care that neither heresy, sedition, schism, nor 
rebellion be preached amongst you, nor vice & profanity encouraged. It is my endeavour to 
lead a virtuous & pious life amongst you & to give a good Example. I wish you all to doe the 
same. Y r ou ought to consider that you have but a third share in the legislaiive power of 
the Government and ought not to take all upon you nor be so peremptory ; you ought to let the 
Council have a share; they are in the nature of the House of Lords or Upper house ; but you 
seem to take the whole power in your own hands & sett up for every thing. Y^ou have sitt a 
long time to litle purpose & have been a great charge to the Countrey ; tenn shillings a day is 
a large allowance & you punctually exact it. Y r ou have been always forward enough to pull 
down the flees of other ministers in the Government. Why did not you think it expedient to 
correct your own to a more moderate allowance ? 

Gcntl I shall say noe more at present but that you withdraw to your private affairs in the 
Countrey. I doe prorogue you to the 10 lh of January next and you are hereby prorogued to 
the 10 lh of January next ensueing. 



[IN EXECUTIVE SESSION.] 

At A Council held at ffort William Henry, the 1C" of November, 1G93. 
PRESENT His Excell BEN : FLETCHER, &c., 

FFRED PHILIPS, ") ClIIDLEY BROOKE, ) p 

NICII. BAYARD, > Esqrs. CALEB HEATIICOTE, ] ^ S 1 rs 

GAB. MONVEILLE, ) 

His Excell. did offer his opinion for DISSOLVING the Assembly by Proclamacon before the 
shutting up of the Rivers & assigned the reason that all the Inhabitants may have the benefite 
of a ffree choice, none excepted that are not under conviction of High Treason or felony 
otherwise quahfyd. Which the Council doe approve of. 

Writs for a New Election were issued on the 30 lb Nov. following. 



THE FOURTH ASSEMBLY FIRST SESSIONS. 
At A Council held at ffort William Henry the Jirst of March, 169f. 

PRESENT His Excell BEN : FLETCHER &c., 

FFRED. PHILIPS, } JOHN LAURENCE, ) ^ 

.STEPH CORTLANDT, > Esqrs. CALEB HEATUCOTE, ) S 1 rs 

WILLIAM PINHORNE, ) 

His Excell understanding that the Representatives were not yet come to Town to make a 
full house, did adjourn till morrow morning. 



At A Council held at ffort William Henry the 2 d of March, 169f. 

PRESENT His Excell BEN : FLETCHER, &c., 

FFRED. PHILIPS, ~) JOHN LAURENCE, 7 ^ 

STEPH. CORTLANDT, > Esqrs. CALEB HEATHCOTE, ) S( ^ rS 

WILLIAM PINIIORNE, ) 

His Excell gave a commicon to Coll Cortlandt & William Pinhorne Esqr to administer the 
oaths and Tests to the Representatives in Assembly. 
Adjourned till morrow morning 



At A Council held at ffort William Henry the 3 d of March, 169|. 

PRESENT His Excell BEN FFLETCHER &c., 

STEPH. CORTLANDT, ^ JOHN LAURENCE, ) 

GAB. MONVIELLE, > Esqrs. CALEB HEATHCOTE, j ^ S( l rs< 

WILLIAM PINHORNE, ) 

Vpon the peticon of sundry ffreeholders of Kings County alleaging that Gerrard Beeckman 
was chosen Representative by the plurality of voices and Henry ffilkin returned by the Sheriffs 
in his room, praying the sd Gerrard be admitted to sit in Assembly 

The sd Gerrard being under attainder of High Treason, the peticon is referred to the Attorney 
Generall to draw up his opinion in that matter which he is to return unto this board in writing. 

The Representatives having attended his Exeell in Council, having taken the oaths & test, 
His Excell bid them returne to their house and choose a speaker. 

Adjourned till 3 a clock afternoone. 

3 a clock afternoon. 

PRESENT His Excell BEN : FFLETCHER, &c., 

STEPH. CORTLANDT, ^ JOHN LAURENCE, ) F 

GAB. MONVIELLE, > Esqrs. CALEB HEATHCOTE, ) - tjS( l rs - 

WILLIAM PINHORNE, ) 

The Represeatatives presented Lt Coll Henry Pierson to be their Speaker who modestly 
refuised. 

His Excell confirmed him and granted to them the priviledges of the former Assembly. 

Then recommended to their care and Consideracon the reinforcement of Albany & the 
ffronteers from the first of May next at least for one year & with as many fusileers as have 
been there this last year 

That it would be a great encouragement aswell to the Inhabitants of Albany as to the 
fusileers to be paid weekly or evtry fortnight in money, that therefore they consider of raising 
a present fund to that purpose, the dilatory coming in of the taxes puting a necessity upon the 



50 Journal of the Legislative Council of New York. 

soldiers to take up such things as they want upon the Creditt of their pay at great 
disadvantages from one person 

That the Indians are staggering and will want great encouragement by presents if possible 
to keep them from joyning with our Enemy against us. 

That the Charges of the Government, being time of actual! warr, are still great and therefore 
there will be a necessity of Continuing of the additionall duty raised to pay the debts of the 
Government during the continuation of the warr. 

That they will consider the ffort is much out of repair, the Chappell pulled down to prevent 
its falling, to provide for the rebuilding of it. 

That they will think of repairing the fortifications and the making a platforme & battery as 
His Excell did project it to defend the City, which is the key of the Province, from attempts 
by water. 

And desired them to Consider that the neighbouring Colonies are under great taxes aswell 
as they are not to despond because of the burden of the warr there being no subjects in Europe 
under so light burden and small payments at this very day as this Province ; so bid them 
withdraw to their house. 

Adjourned till Tuesday morning. 



At A Council held at ffort William Henry, the & h of March, 169|. 

PRESENT His Excell BEN : FLETCHER &c., 

FFRED. PHILIPS, ^ THOMAS WILLET, ^ 

STEPH. CORTLANDT, > Esqrs. WILLIAM PINHORNE, > Esqrs. 

GAB. MONVIELLE, ) CALEB HEATHCOTE, ) 

His Excell having gott the opinion of the Attorney Generall and M r Justice Pinhorne upon 
the peticon of the {freeholders of Kings County in behalfe of Gerrard Beeckman whom they 
did affirm to have the plurality of voices for being their Representative, 

Ordered, the Clerke of the Council doe deliver the said peticon with the report of the 
Attorney Generall and M r Justice Pinhorne thereupon to the house of Representatives for their 
Consideracon. 

Cap Daniel Whitehead & John Spratt from the house of Representatives desire his Excell* 
speech & the Peticon in favour of Gerrard Beeckman which were given them and recommended 
to them to consider of the report of the Attorney Generall and M r Justice Pinhorne upon the 
sd peticon. 

Ordered, the Clerke of the Council go & inquire if the house of Representatives will have 
any thing to offer to his Excell & Council this forenoone. 

The Clerke of the Council returned in answer from the Assembly, that they have the defence 
of Albany under their consideracon, which will take up some time, therefore there will be 
nothing offered this forenoone. 

Adjourned to 8 a clock morrow morning. 



At a Council held at ffort William Henry, the 1 th of March, 169|. 

PRESENT His Excell BEN : FLETCHER &c., 

STEPHEN CORTLANDT, ~) JOHN LAURENCE, ) E 

THOMAS WILLET, > Esqrs. CALEB HEATHCOTE, > 

WILL PINHORNE, ) 



M r Jackson, M r Staats, M r ffilkin & M r Stillwell from the Representatives return thanks from 
the house for his Excell favourable speech 

M r Blackball & M r Van Ekelin from the house of Representatives deliver to His Excell a 
Bill concerning Pillotage, which being read His Excell & Council having considered that 
therein all vessells belonging to Newyorke under seven foot draft of water, are excused from 
payment of the duty for pilotage whereby there cannot be sufficient provision for the pilotts, do 
therefore desire the bill to be drawn over fair, that these vessells be only excused from duty 
that are coasters upon the Maine of N. America, and that it may so passe the house in due 
forme signed by the Speaker. 

Ordered, William Pinhorne Esqr & Coll Caleb Heathcote doe deliver the said Bill with the 
copy of the sd Minute and desire the house to comply therewith accordingly. 

Adjourned till morrow morning. 



1694.] Benjamin Fletcher, Governour. 51 

At A Council held at ffort William Henry, the 8 * of March, 169f. 

PRESENT His Excdl BEN : FLETCHER, &c., 

STEPH. CORTLANDT, ) WILLIAM PINHORNE, ) ^ 

GAB. MONVIELLE, > Esqrs. CALEB HEATHCOTE, 5 

THO. WILLET, } 

D r Samuel Staats & M r Van Ekelin from the Representatives, bring a message to his Excell 
that he will please to order their Maties Coll r that the Assembly may have the perusall of all 
the accounts of the Revenue in order to their continuation of the additionall duty during the 
warr. His Excell desiring the opinion of the board, 

This board do agree that the Representatives may appoint some of their house to view the 
accounts of the Revenue being compleated to the 25 th of December last at the Collectors 
Chamber, where they may have the perusall of his books, vouchers & entrys to their satisfaction ; 

And the Collector & Receiver Generall is hereby ordered to let them have the perusall of his 
books & vouchers accordingly. 

Ordered, the Clerke of the Council do deliver the copy of this minute to the Speaker 
forthwith. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 9 A of March, 169 J. 

PRESENT His Excell BEN FLETCHER &c., 

STEPH. CORTLANDT, ) JOHN LAURENCE, ) F 

GAB. MONVIELLE, > Esqrs. CALEB HEATHCOTE, ) 

THO. WILLET, } 

Ordered, the Clerke of the Council to deliver a fair draft of the Bill for setling Pilotage to the 
Speaker, and desire it may passe the house. 

His Excell ordered the Clerke of the Council to acquaint M r Speaker that His Excell hath 
letters to dispatch for England, therefore desires to know if they have any thing to offer this 
forenoone, that otherwayes he may adjourn. 

M r Pell from the house of Representatives brought up the Bill for pilotage being three times 
read & passed their house. 

The Clerke of the Council did return in answer that they have sent up the Bill for pilotage 
by M r Pell and have nothing further at present to offer. 

Ordered, the Bill for pillotage be three times read. 

The Bill for pilotage being three times read, is assented unto by the Governour & Council & 
his Excell did sign the same. 

Adjourned till tuesday morning 8 a clock. * 



At A Council held at ffort William Henry, the 13 A of March, 169f . 

PRESENT His Excell BEN FLETCHER &c., 

FPRED. PHILIPS, } CHID. BROOKE, ) 

STEPH. CORTLANDT, f F WILL PINHORNE, > Esqrs. 

GAB. MONVIELLE, ? CALEB HEATHCOTE, ) 
WILL SMITH, ) 

Adjourned till thursday morning. 



52 Journal of the Legislative Council of New York. [ { A s ^; 

At A Council held at ffort William Henry, the 15 th of March, 169|. 

PRESENT His Excell BEN FLETCHER &c., 

STEPH. CORTLANDT, ^ WILLIAM NICOLLS, ^ 

GAB. MONVIELLE, > Esqrs. THOMAS WILLET, > Esqrs. 

CHID. BROOKE, ) WILL PINHORNE, ) 

Major Howell & Cap 1 Jackson from the house of Representatives deliver in a Bill against 
unlawfull by-Laws &c passed the Assembly and desire his Excell & Council will assent 
thereunto. 

Ordered, the said Bill be read the first time, which was done. 

Ordered, the said Bill be read the second time, which was done. 

Ordered, the said Bill have a third reading. 

His Excell ordered the reading of a peticon from the Inhabitants of Suffolke County praying 
to have a port established at Southold or Southampton, which is taken into further consideracon. 

Adjourned till Monday morning. 



At A Council held at ffort William Henry, the 19" of March, 169|. 

PRESENT His Excell BEN FLETCHER, &c., 

FFRED. PHILIPS, ") CHID. BROOKE, ) 

STEPH. CORTLANDT, (_-p WILL NICOLLS, > Esqrs. 

WILL SMITH, f * WiLL m PINHORNE, ) 

GAB. MONVIELLE, J 

His Excell proposed to send a message to the house of Represpntatives by two members of 
this board to desire them to expedite the subsidy for the forces at Albany for the ensuein^ year; 
to tell them that the same number of forces at least are required for the security of our ffronteers 
(besides what may be expected from the Jerseys or the neighbouring Colonies) as ;ire now 
there in service ; That they think of a fund to pay those whom his Excell hath ordered to 
continue in the service to the first of May next, who were provided for only to the 15 lh of March 
instant ; That they order a fund for paying the Soldiers in ready money weekly for their 
encouragement and of the Inhabitants of Albany ; 

To tell them likewise that the first of May approacheth & but litle time left to prepare the 
detachments who have been alwayes backward ; therefore to desire them to lay all other businesse 
aside untill the ffronteers be provided for. 

Which the whole Council do approve and thank his Excell for his care of the Province. 

Coll William Smith and William Pinhorne Esqr are desired to cary down this message 

Adjourned till morrow morning. 



At A Council held at ffort William Henry the 20 * of March, 1G9| . 

PRESENT His Excell BEN]: FLETCHER, &c., 

STEPH. CORTLANDT, "^ WILLIAM NICOLLS, 

NICH. BAYARD, r 2 WILLIAM PINHORNE, 

GAB. MONVIELLE, VEsqrs. J THO. WILLET, ^Esqrs. 

WILL. SMITH, V 2 CALEB HEATIICOTE, 

CHID. BROOKE, 1 JOHN LAURENCE, 



r 



His Excell ordered a third reading of the Bill against unlawfull by-Laws &c, which being 
read 

His Excell having put it to the vote whether it shall passe or not, it was caryed in the 
affirmative, 7 for it ; 3 against it. 

His Excell did acquaint the Council that he understands by the votes of the Assembly of 
yesterday, that upon receipt of his message for their expediting provision for the ffronteers 
the Representatives have voted for 120 men to remain one year at Albany and the sume of 
.2400 for their mantainance, whereof ,500 is a surplusage of the GOOO^ tax, raised the last 
year, And desire the opinion of the Council upon this matter : If 120 men be a sufficient force 
to secure the ffronteers, Declaring that he would not undertake the defence of that Garrison 
with so small a number 



1694.] Benjamin Fletcher, Govemcur. 53 

The Council ncmine contradicentc gave their opinion that 120 men is not sufficient to mantain 
the Garrison at Albany. 

Oidcrcd, William Kicolls Esqr do acquaint the house of Representatives that His Excell and 
Council are of opinion that 120 men, as they have voted yesterday, are not sufficient to secure 
the ftronteers and that his Excel hath declared in Council that he cannot account for the 
Garrison at Albany with so small force and that His Excell desires to know of them how 
they designe the application of the 2400, and that M r Speaker, accompanyed with the whole 
house, attend his Excell in Council this afteruoone by 3 a clock. Adj. 



At A Council held at fort William Henry the 20 * of March, 169f. 

PRESENT His Excel BEN FFLETCHER, &c., 

FFRED. PHILIPS, ~} CHID. BROOKE, j 

STEPH CORTLANDT, / WILLIAM NICHOLLS, f 

NICI-I. BAYARD, VEsqrs. THOMAS WILLET, xEsqrs. 

GAB. MONVIELLE, V WILLIAM I INHORNE, \ 

WILLIAM SMITH, j CALEB HEATHCOTE, } 

His Excell ordered the reading of a Bill for selling Establishments &c assented unto by the 
house of Representatives and sent up for the assent of His Excell & Council ; which being 
read, His Excell put it to the vote if it should passe or not ? 

Caryed in the. negative with a nemine contrndi.ccnic. 

The Speaker and Representatives in obedience to his Excell message, come to waite upon 
his Excell in Council and were admitted. Then His Excell did lay before them the necessity 
of a good force at Albany, at least equall to what was there last year and did declare unto 
tliHin that he cannot be accountable for that Garrison with 120 men; that they must not 
depend upon the help of our neighbours; That he is sensible of their hardships and hath 
not been wanting in endeavours and solicitations both at home and with the neighbouring 
Colonies and should be glad as much as any of them to see releife come, but that it is farr 
easyer to call back 100 men from thence than to lead 500 up thither upon the approach of the 
enemy, and used sundry pressing arguments urging their further consideracon of that matter & 
speedy recesse from that vote. So bid tliem withdraw to their house. 

The Council do unanimously approve of His Excell argument to the Assembly and return 
their hearty thanks for his care & vigilance for the safety of the Province. 

Adjourned till morrow morning. 



At A Councill held at ffort William Henry, the 21" of March, 169J. 

PRESENT His Excell BEN FLETCHER &c., 

STEPH. CORTLANDT,^ WILL NICOLLS, ^ 

WILL SMITH, f ^ THO. WILLET, ^ 

GAB. MONVIELLE, ?* WILL PINHORNE, ?* 

CHID. BROOKE, J CALEB HEATHCOTE.J 

Ypon the consideracon of the votes of the house of Representatives. It is 

Ordered, that William Nicolls Esqr and William Pinhorne Esqr do acquaint them from his 
Excell & Council that his Excell cannot undertake to defend the ffronteers with lesse number 
of men & Officers than lust year ; that all he can depend upon from our neighbours is 30 men from 
the Jerseys; That his Excell will not be wanting in endeavours to get other supplyes which, 
when they come, shall be alwayes disposed for the ease & security of the Province, and that 
there must be provision made for a Town Maj r at Albany, being a very necessary Officer in 
that post. 

That his Excell expects that at least they provide for so many men and officers that with the 
30 from New Jersey may compleat the number of 200; That some consideracon may be had 
to raise a fund for presents to the Indians, without which (if at all) their stability and 
ftvindship to this Province is not to be thought of; That the sume by their yesterdays vote 
alloted for contingencyes will in no wayes defray the necessary charges that must inevitably 
happen, and desire the house will dispatch what businesse is before them, their long sessions 
being very chargeable to the countrey ; And further did likewise order that it be recommended 
to them particularly to take into consideracon what his Excell did offer for the continuation of 
the additional! duty during the warr. 

Adjourned till morrow morning. 



54 Journal of the Legislative Council of New York. [ J t S 

^ ^4 Council held at ffort William Henry, the 22 th of March, 169f . 

PRESENT His Exccll BEN. FFLETCHER, &c., 

STEPH. CORTLANDTA WILLIAM NICOLL, } 

NICH. BAYARD, / THOMAS WILLET, f F ^ 

WILL SMITH, > Esqrs. WILLIAM PINHORNE, ( 

GAB. MONVIELLE, Vk CALEB HEATHCOTE, J 
CHID. BROOKE, y 

It appearing by the votes of the house yesterday that the Representatives continue to provide 
for lesse than 200 men 

His Excel I desired the opinion of the Council if the know any reason for abateing of the 
force that was upon our ffronteers last year, considering the Governour of Canida hath gott 700 
men recruits last summer from fl rance, and that our Indians are staggering through the 
discouragment they have received thereby, and by our weaknesse and small appearance upon 
the ffronteers. 

The whole Council unanimously declare their opinion, that there is rather need of greater 
force upon the fTronteers than last year & that there must be no abatement of that number of 
officers and soldiers and advise his Excell to send for the whole house as being the only effectuall 
means to influence them. 

Ordered, William Pinhorne Esqr do acquaint the Speaker that his Excell in Council desires 
His attendance with the whole house forthwith. 

The Speaker & whole house being present His Excell said 

M r Speaker and You Gentl 

I finde you are about to frame a bill for the weakening of the Garrison at Albany, which I 
declare I can never assent to unlesse you can demonstrate that either the enemy are grown 
weaker or we stronger. 

The same Letters Patent that gives you authority to sit in Assembly make me Captain 
General! of this Province, and you must allow me to be a competent Judge what number of 
forces are needfull to secure the ffronteers ; it is Your businesse to provide a subsidy for them. 
I can command the whole Militia of the Province and am ready to head them upon occasion. I 
am bound in honour & duty to their Maties to expose my life for your defence, but if you deny 
subsidy to a sufficient fforce upon the ffronteers you ty my hands and fetter me. 

If you are minded to give up the Countrey to the Enemy by weakening that garrison which 
is the key thereof, I wash my hands of all the evill consequences to follow thereupon, 
and for this end I sent for you ; if you will not help yourselves I can do nothing. It is a foolish 
argument which I am informed some of you have used, because your neighbours will not assist 
you to quench yo r house on fire, you will not endeavour it by the children & servants of your 
own family. It is true I have received a Commicon for the Command of the Militia of 
Connecticut, but they refuise to obey it. I have another Commicon for the Government 
of Pensilvania, but you must first converte them before they will either be concerned in the 
shedding of blood or contribute aid to such as do it. I can do no more but lay this before you. 
Consider if it be sufficient to suffer our own ruine because our neighbours will not assist us. 

There is likewise a necessity for my going to Albany to meet the Indians, and desire you will 
provide a fund for presents to them. I professe I should be ashamd to see them with lesse 
forces there or with an empty hand, unlesse it were to take leave of them for good and all, and 
that it were intended they shall joyn our Enemys and turn their arms against us ; therefore lay 
it to heart. 

Gentl. I think there is but 20 men & six officers more to be provided for and this is all the 
difference between us ; let us part in f reindship and don t be wanting to yo r selves in so small a 
matter. 

I do also remember that it surprized me to finde in your votes that you could not have the 
view of the Receiver Generalls accounts & vouchers, which he hath declared here were always 
ready for yo r perusall whenever you shall order some of your house to view them. 

Gentl. I begg your dispatch ; time runns away ; you have now sit twenty dayes & litle or 
nothing done ; twere much more pleasant businesse went on cheerfully at once ; therefore 
withdraw unto your house and Consider it. 

Adjourned till morrow morning. 



1694.] . Benjamin Fletcher, Governour. 55 

At A Council held at ffort William Henry, the 23 th of March, 1692- 

PRESENT His Excell BEN. FLETCHER &c., 

STEPH. CORTLANDT, } WILLIAM PINHORNE, 

NICH. BAYARD, > Esqrs. JOHN LAURENCE, 

THO. WILLET, ) 

His Excell ordered the Clerke of the Council to ask M r Speaker if there were anything to 
offer this forenoone and to desire their dispatch. 

In answer thereunto, Maj r Wessells &c from the house of Representatives delivered A Bill 
intituled, A Bill to Enable the City & County of Albany &c 

Ordered- the s;iid Bill be read three times. 

The said Bill being three times read His Excell and Council do assent unto the same with 
this amendment : that the year therein mencdned commence from the IS" 1 of May next which 
will be the determinacon of a former Act for the like use. 

Ordered, William Nicolls Esqr do deliver the sd Bill to the house of Representatives and 
desire their amendment thereof accordingly. 

Adjourned till morrow morning 



At A Council held at ffort William Henry, the 24 A of March, 169f. 

PRESENT His Excell BEN FLETCHER, &c., 

FFRED. PHILIPS, \ CHID. BROOKE, 

STEPH. CORTLANDT, ( F WILL NICOLLS, 

NICH. BAYARD, f THO. WILLET, 

GAB. MONVIELLE, J WILL PINHORNE, 

His Excell signed the Bill against unlawfull by-Laws Ac. 

His Excell did acquaint the Council that he hath received Letters from Maj r Schuyler last 
night, giving advice that the Indians of the five Nations are in haste to make an agreement of 
peace with the ffrench of Canida, that there are other Messengers come from Canida to them 
and they a re very desirous to see his Excell forthwith; 

That he called an Assembly at Pensilvania who are to meet the 10 th of April next where he 
hath designed to be present, And therefore desired the opinion of the Council which of those 
services is first to be attended. 

The Council are of opinion & advise his Excell to go first to Albany to meet the Indians. 

It is also the opinion of the Council that his Excell do Communicate the two letters which 
he received last night from Albany to the Assembly, and that they be made acquainted that 
notwithstanding His Excell intention to meet the Assembly of Pensilvania, the Council think 
it needful! and have advised that his Excell go first to Albany to meet the Indians ; that there 
is at least six hundred pounds wanting towards presents and the charge of this Expedition and 
no money in the Treary to defray it ; That therefore they be desired to provide a fund to defray 
that Charge either by the continuation of the additional! duty which will give a Creditt to 
advance the money or some other way which they can think upon is most convenient; which 
was ordered accordingly 

Ordered, Stephen Cortlandt Esqr & William Nicolls do deliver this message to the house of 
Representatives. 

John Pell & Daniel Whitehead presented a Bill from the house of Representatives passed the 
house Intituled : A Bill for the raising & paying 170 men &c, & prayed the assent of the 
Governour & Council thereunto 

Ordered, the same be read the first and second time ; 

Ordered, a third reading of the Bill for y e raising & paying 170 men &c. 

Vpon the third reading of the sd Bill, His Excell and Council desire an amedment that in 
pag 8. 3 d line, be inserted : and such other forces as shall be obteind and His Excell think fitt 
for the defence aforesaid ; and some other small literal! corrections which the Clerke will 
perceive. 

Ordered, Chidley Brooke Esqr and William Pinhorne Esqr do deliver the Bill with 
amendments and desire the consent of the Representatives thereunto. 

M r Van Ekelan & M r Blackball, in answer to his Excell message to the house concerning his 
Expedition to Albany to meet the Indians with presents, Desire that the necessary Charge be 
taken up upon the Creditt of the revenue for that expedicon. 

Ordered, Thomas Willet Esqr desire the Speaker of the Assembly will appoint a Committe 
of the house to conferr with four of the Council about the charge of his Excell Journey to 



56 Journal of the Legislative Council of New York. [ \% A s [ -_ 

Albany & presents to the Indians, who are to meet at 3 a clock this afternoon in their Maties 
Custome house at the Coll" office. 

Ordered, Coll Cortlandt, Coll Bayard, Chidley Bronke Esqr and William Pinhorne Esqr be a 
Committe of the Council to conferr with a Committee of the Assembly to be thereunto 
appointed, at the Coil" office in the Custome house at 3 a clock afternoone, concerning the 
charge of his Excell Journey & presents to the Indians. 

Adjourned till munday morning. 



At A Council held at fort William Henry, the 26" 1 of March, 1G94. 

PRESENT His Excellency BEN. FLETCHER, &c., 

STEFFI. CORTLAXDT, ^ CHID. BROOKE, ^ 

NICH. BAYARD, > Esqrs. WILLIAM PINHORNE, > Esqrs. 

GAB. MONVIELLE, ) JOHN LAURENCE, 



M r Henry ffilkin from the Assembly presented A Bill for the Continuation^ the additional! 
duty for one year longer, to commence from the fourteenth day of November next to the 14th 
of November then next following, & desired the assent of his Excull the Governour & 
Council, 

Which was ordered & read three times. 

His Excell the Governour and Council do assent unto the sd Bill being three times read with 
this amendment : Provided the interest of tenn If cent annually be menconed & inserted with 
the 600<. 

Chidley Brooke Esqr and William Nicolls Esqr are ordered to desire the Assemblys consent to 
that amendment, which was granted. 

His Excell signed the sd Bill amended accordingly. 

His Excell signed the Bill intituled, A Bill to enable the City & County of Albany ; being 
amended. 

His Excell signed the Bill for raising & paying 170 men &c. amended. 

O/dered, the Messenger of the Council do call up the Speaker & the whole house Who giving 
their attendance His Excell said 

M r Speaker and you Gc.ntl 

I have sent for you in order to an adjournment ; here are the Acts which I have assented to 
and are past in this sessions. 

The first is that for selling of pilotage, which I belcive will be of litle service when all is done 
it is doubted that the fund raised for the provision & mantainance of the four pilotts proposed, 
will not answer the charge. 

Then that for the raising 170 men with their Officers for Albany and the ffronteers wherein 
you have used a piece of husbandry which I wish you may have no cause to repent. You have 
saved 1700 by cuting of their pay from a shilling a day to eight pence, which I fear will 
dishearten the souldiers ; some of you have given your opinion that those who served at Albany, 
did not put any value upon the pay. I confesse it is hard for poor people to leave their familyes 
for a twelve month to serve in the ffronteers, but I will alwnyes beleive that 6 a year would 
have been an encouragement to any poor man that shall go theither ; if it answer the end and 
the ffronteers be secured, I am satisfyed with anything you can propose for your ease and the 
ease of the Countrey which you represent. There are now neer Eighty men at Albany who 
are willing to continue in the service upon some encouragem 1 given them by the officers there; 
I will take care that if any person who is detached for this years service do agree with the 
Officers for a man in their room, that such person shall have the name of the person who is to 
serve for him under the officers hand and that they agree with the rolls of the Commissary of 
musters. 

There is also an Act against Unlawful! by-Laws &c Gentl. You are here the Representatives 
of your Countrey, and are best acquainted with the advantages & disadvantages thereof, 
especially in matters of this nature. It was your own proposall and I found the Council or most 
of them to favour it : therefore I would not presume to put any stop to a thing which is 
proposed by you in behalfe of the Countrey as a common benefite especially being seconded with 
the opinion of the Greatest part of these Gentlemen whom their Maties have named of their 
Council for this Province ; I have passed it into nn Act. 

That for the Enabling of the City & County of Albany &c. is a continuation of a former Act 
of Assembly in favour of the City & County of Albany for one year longer which could not be 
denyed. I have passed it into an Act. 

And Lastly 

There is An Act for the continuation of the additionall duty for one year longer to defray the 
charge of the presents to be given to the Indians & my Journey to meet them; which being a 



1G94.] Benjamin Fletcher, Governour. 57 

thing most necessary for their Maties service & the safety of the Province & at my particular 
instance granted by you, I return you thanks for it. It is also past into an Act. 

Gcn/f. This has been a long sessions, and but litle done, but the time calls me to hasten from 
you. I am now going to the ffronteers & so soon as I return must again travail to Pensilvania 
to meet the Assembly there, which I have adjourned till the first of May next ; must therefore 
take my leave of you. I think fitt to adjourn you to the 25 lb of September next and you are 
hereby adjourned to the 25th of September next accordingly. I wish you all well home to your 
familyes ; if any of you think fitt to accompany me in the publication of these Laws before 
you go out of Town, I think to have them read at the town house this afternoone. ffarewell. 

The End of the first Sessions of the fourth Assembly. 



THE FOURTH ASSEMBLY SECOND SESSIONS. 
At A Council held at ffbrt William Henry, the 25 A of September, 1694. 

PRESENT His Excell BEN. FFLETCHER, &c., 

FFRED. PHILIPS, } CHIDLEY BROOKE, ^ 

STEPH. CORTLAXDT, > Esqrs. JOHN LAURENCE, 3 8 ^ rS 

GAB. MOXVIELLE, ) 

The Clerk of the Assembly giving His Excell to understand that the Representatives of most 
of the Countyes were not come to Town according to adjournment, 

His Excell prorogued the Assembly till the 27 th of September instant & they are hereby 
prorogued accordingly. 



At A Council held at ffort William Henry, the 27 * of September, 1694. 

PRESENT His Excell BEN. FLETCHER, &c., 

FFRED. PHILIPS, ^ CHIDLEY BROOKE, ) j, 

STEP. CORTLAXDT, > Esqrs. JOHN LAURENCE, > 

GAB. MOXVIELLE, ) 

In consideracon the Representatives were not yet come to Town, and the Speaker being 
absent, His Excellency was pleased to prorogue the Assembly to fryday the 5 b of October next 
and they are hereby prorogued accordingly. 



At A Council held at ffort William Henry the 5 lh of October, 1694. 

PRESENT His Excellency BEN. FLETCHER, &c., 

STEPH. CORTLANDT,} CHIDLEY BROOKE, ~\ 

NICII. BAYARD, ( 2 WILLIAM PINHORNE,/ 

WILL. SMITH, ? 1 WILLIAM NICOLL, ^-Esqrs. 

GAB. MOXVIELLE, j JOHN LAWRENCE, y 

PETER SCHUYLER, J 

The Speaker being come to Town sick and desiring some time of recesse after his Journey, 
His Excell adjourned till morrow morning. 



58 Journal of the Legislative Council of New York. [ ^stS; 

At A Council held at fort William Henry the Qth of October, 1694. 

PRESENT His Excellency BEN FFLETCIIER, &c., 

STEPHEN CORTLANDT, ~\ CHID. BROOKE, } 

NICH BAYARD, \T?~, WILLIAM NICOLL, >Esqrs. 

WILLIAM SMITH, S WILLIAM PINHORNE, ) 
GABRIEL MONVIELLE, j 

The Speaker and the whole house being present, His Excell said : 

M r Speaker and i/ou Gentlemen the Representatives of this Province 

As we parted in friendship and a good understanding the last sessions, in our endeavours for 
their Maties service and the Countrey, so I hope we are now mett again with the same 
resolutions to give our joynt assistance. 

The first thing I thought to acquaint you with, is my transaccons with the Indians at Albany 
since I saw you last; but I referr it to these of the house who were witnesses to all that 
passed. 

The peace they have made with Canida will lay us more open to the enemys designs and its 
needfull we be more watchfull against them. 

I recommend to your care the usuall supplys for Albany and the ffronteers during the winter 
which is reckoned the time of greatest danger. 

I must also tell you that I finde the ill effects of that husbandry we fell upon the last 
sessions, in abateing four pence from the mens pay. The hire of the labourer and everything 
else in this Countrey is dear and we cannot gett men to serve for eight pence ; two pence halfe 
penny will not give them shoes to their feet ; the rest goes for their victualls ; they run away 
in troops seaven at a time; those men we have from the Jerseys are paid twelve pence a day 
weekly, which discourages our men ; the cold weather comes on ; the duty is hard, and they 
cannot serve barefoot. 

Gentlemen, 

Their Mat iei have sent us over ammunicon and stores with twenty great guns ; it is our duty 
when the king is so gracious to send us them for our own defence, not to lett them ly in the 
dirt ; the least we can doe is to mount them ; it will require money. 

The soldiers barracks in this ffort were ready to fall down & kill them ; the timber rotten and 
the walls crackt ; with advice of the Council! I have ordered them to be pulled down and are 
now rebuilding; this will fall likewise under your consideracon. 

I desire you will appoint a Committe of your house to joyne a Committe of the Council to 
view the ffort and what necessary repairs are wanting. 

As for the money which you have raised, I would have you see a particular account of the 
disposition thereof. Their Maties Coll 1 " and Rec r Generall will be ready on all occasions ; it is 
neither sunck into any private pockett nor disposed to any private use. 

I understand the Courts of Justice Established by Act of Assembly are to determine in Aprill 
next. You know the great need & use of their Establishment and will see cause to continue 
them ; so may withdraw to your house. I pray God direct you. 

His Excell ordered the reading of a message from the Assembly brought by M r John Spratt 
and Cap Daniel Whitehead giving his Excellency thanks for his favourable speech and desiring 
a copy thereof. 

Ordered, the Clerke of the Council do send a copy of his Excell speech unto the Assembly. 

Adjourned to 9 lb of October 1G94. 



At A Council held at ffort William Henry, the 9 A of October, 1694. 

PRESENT His Excell BEN. FFLETCHER, &c., 

STEPHEN COURTLANDT, ^ WILLIAM NICOLL, ) 

NICH. BAYARD, > Esqrs. JOHN LAURENCE, ) 

GAB. MONVIELLE, j 

His Excellency proposed to send the Clerke of the Council to the Assembly with the original! 
Letter of S r William Phipps, and that he do acquaint the Speaker that His Excell hath desired 
assistance and men from each of the neighbouring Colonies for the defence of the ffronteers, but 
has no greater ground to expect any from the rest than from S r William this season ; which is 
ordered accordingly. 

The Clerke of the Council returned in answer from the Assembly that the Speaker in behalfe 
of the house gave thanks to his Excell for his Care of the Government and that they had nothing 
to offer this forenoone. 

Adjourned till morrow morning. 



1G94.] Benjamin Fletcher, Governour. 59 

At A Council held at ffort William Henry, the W h of Octo r , 1G94. 

PRESENT His Excc.ll BEN FLETCHER, &c., 

STEPHEN CORTLAND, } WILLIAM NICOLL, ) ^ 

NICH. BAYARD, > Esqrs. JOHN LAURENCE, j S 1 rs 

CHIDLEY BROOKE, ) 

His Excell ordered the votes of the Assembly yesterday to be read. 

His Excell desired the opinion of the Council whether it be for their Maties service and the 
safety of the Counlrey to offer to the Assembly, that if they will give an encouragement to their 
Maties forces coming over, to provide fourpence ^P day as an addicon to their pay and for other 
incidents happening to them against their landing, then his Excellency will excuse the Countrey 
from more detachments for the future and depend wholly upon those forces and what shall be 
ordered from Connecticutt & the neighbouring Provinces for the defence of the ffronteers. 

The Council are of opinion that it is for their Maties service, and that a message be sent to the 
Assembly forthwith. 

Ordered, Coll William Smith and William Nicoll Esqr do acquaint the Assembly That his 
Excell having ever been sensible of the inconvenience of detaching men for the defence of the 
ffronteers from this small Province only, hath applyed bimselfe to their Maties for recruits of men 
from England, and hath likewise taken all propper measures for obtaining assistance from the 
neighbouring Colonies, though these were ineflectuall. 

That their Maties have been most graciously pleased to order four hundred men for the defence 
of this Province with those already here at their Maties charge and the usuall pay, who are 
daily expected, And that it will be impossible to keep them together in reguard they will riot 
be able to subsist upon the pay allowed them in England, and without some further allowance 
will certainly desert and the Province be exposed to danger and reduced to the same 
inconvenience. 

His Excell therefore did desire the opinion of the Council whether it be for their Maties 
service and the safety of the Countrey, to offer to the Assembly that if they will give that 
encouragement to the forces coming over, to provide fourpence ^ day as an addition to their 
pay and for other incidents, as fire, candle, transportacon, hospitall &c against their landing, then 
His Excell will excuse them from all detachments of men for the future and depend wholly 
upon those forces and what shall be ordered from Connecticutt and the Jerseys for the defence 
of the ffronteers. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry the \V h of October, 1694. 

PRESENT His Excell BEN. FLETCHER, etc., 

STEPH. CORTLANDT, } CHID. BROOKE, ) 

NICH. BAYARD, > Esqrs. WILLIAM NICOLL, > Esqrs. 

GAB. MONVIELLE, ) JOHN LAURENCE, j 

His Excell ordered the votes of the Assembly yesterday to be read. 

His Excell ordered to Clerke of the Council to desire the Speaker and the whole house to 
attend him in Council forthwith. 

The Speaker and Assembly being present, 

His Excell did make mention of their votes yesterday wherein it appears first, that they seem 
dissatisfyed with the accounts of the Revenue and the disposition thereof; 

To which His Excell promised to give full satisfaccon telling them that he hath never drawn 
one farthing of the Revenue out of the Rec r Gen" hands since his arriveall, but by advice and 
Consent of the Council, saving the Sallary the King allows his Excell and that he will appoint 
a Committe of the Council, whereof the Rec r Gen" shall be one, to Concerte with a Committe 
of the Assembly men to resolve them in any doubts concerning the Accounts of the expense of 
the Revenue. 

Then turning to their votes concerning rebuilding the barracks and mounting the gunns, did 
acknowledge that those things were to be done at the charge of their Maties revenue in this 
Province, if there were enough to do it ; but in this time of actuall warr the revenue is 
anticipated by many great & extraordinary charges, a thing usuall everywhere in time of warr, 
and those works being absolutely needfull for the safety & preservation of the Countrey, it is 
but reasonable they give some small matter to cause them be effected. 

Next, mentioning their vote upon his Excell message to the Assembly yesterday, did show 
unto them the insignificancy of that which they are now projecting; it being impossible to gett 



60 Journal of the Legislative Council of Neiv York. 






men to serve at Albany this winter for two pence a clay, Or to keep those already there unlesse 
their pay be raised (they being encouraged to tary heitherto in expectation of what the Assembly 
will do tor them this sessions) Or to keep the men together who are coming over, when they 
are told there is no money for them after seven years service, and they can step into the 
neighbouring Province and have better pay. 

His Excell did likewise signify unto the Assembly, that although he knew very well how to 
exercise a strict discipline over men, Yett must confesse it would go much agst his nature to put 
men to death for running away, meerly from starving by cold weather and nakednesse; it is 
impossible to do duty on the ffronteers in the winter barefoot, Which they ought to consider if 
they intend to do anything to purpose; then desired they will go together and be unanimous 
for the Kings service and their own safety, which is all that is intended by his Excell & 
Council ; for a kingdome divided cannot stand. 

Adjourned till 2 a clock afternoone. 



At A Council held at fort William Henry the II" 1 of OcM, 1694. 

PRESENT His Excdl BEN FLETCHEK, &c., 

STEPH. CORTLANDT, } CHIDLEY BROOKE, 

NICH. BAYARD, > Esqrs. WILLIAM NICOLL, 

GAB. MONVIELLE, ) 

The Assembly having appointed a Committe of their house and desired his Excell to appoint 
a Committe of the Council to concerte with their Comrnitte upon the accounts of the revenue; 

His Excell did appoint Col Stephen Cortlandt, Col Nicholas Bayard, Chidley Brooke Esqr 
and William Nicoll Esqr, A Committe of the Council to conferr with them about the accounts 
of the disposition of the revenue, to meet at the Custome house at eight a clock to-morrow 
morning. 

Ordered, the Cl of the Council do give the Assembly notice that His Excell has appointed a 
Committe of the Council to meet the Committe of their house to-morrow morning, and inquire 
if the house has anything to offer this afternoone to his Excell ; who brought answer, meaning 
they had nothing to ofF^r this at ternoone. 

Adjourned till Saturday morning. 

At A Meeting of A Committe of the Council and Assembly at the Custome house the 
12 " of October 1694. 

PRESENT 

Coll STEPH. CORTLANDT, ^ PETER DELANOY, ) 

Coll NICH. BAYARD, f Maj r HOWELL, > of the Assembly. 

CHIDLEY BROOKE, Esqr., DANIEL WHITEHEAD, ) 

WILL NICOLL, Esqr., j 

Their Maties Rec r Generall produced to the Committe his Commicon for allowance of his 
salary. 

A Copy of his Excell commicon touching the disposition of the revenue was read and the 
Rec r Gen" Books were laid open for the perusall of the Committe of Assembly for their 
satisfaccon. 



At A Council held at ffort William Henry the 13" of October, 1694. 

PRESENT His Excell BEN FLETCHER, &c., 

FFRED. PHILIPS, ^ CHIDLEY BROOKE, ) 

STEPH. CORTLANDT, > Esqrs. WILLIAM NICOLL, j 

NICH. BAYARD, ) 

His Excell ordered the votes of the house to be read. 

The Committe of the Council appointed to conferr upon the Accounts of the disposition of 
the Revenue do report, that pursueant to his Excell 8 order they did meet with the Committe of 
the Assembly and did show unto them that Clause of his Excell Commicon touching the 
disposition of the revenue, the Rec r Gen ll Commicon & all his books & vouchers for their 
satisfaccon. 



1694.] Benjamin Fletcher, Governour. 61 

His Excell considering the votes of the house yesterday, wherein the Bill for the raising and 
paying Eighty men for the reinforcing the ffronteers is ordered to be engrossed, was pleased to 
declare that lie could not undertake the defence of the ftVonteers with eighty men this winter, 
nor under one hundred to be added to those already there, to be paid twelvepence a day with 
incidents of transportacon ; 

That at his Excell last being at Albany he found the forces there ready to mutiny by reason 
our neighbours allow their men twelve pence a day, and they have but eight pence, and to quiet 
& keep them from deserting hath promised to use his interest with the Assembly for increasing 
their pay accordingly ; 

And thereupon required the opinion of this board what is fitting to be done. 

It is the unanimous opinion of the Council that a message be sent from his Excell to the 
Assembly signifying the same, and that in case the Assembly shall not think fitt to give that 
reasonable assistance towards the defence of the ffronteers which is necessary, his Excellency 
must be forced to take such measures for the mantaining the ffronteers this winter, as their 
Maties Lres Patents do Impower him and the exigency of that affair shall require. 

Ordered, Coll Nicholas Bayard and William Nicoll Esqr do deliver this message to the 
Assembly. 

Adjourned till afternoone. 



At A Council li eld at ffort William Henry the 13 A of October, 1694. 

PRESENT His Excell BEN FLETCHER, &c., 

FFRED. PHILIPS, ^ CHIDLEY BROOKE, ) 

STEPH. CORTLANDT, > Esqrs. WILLIAM > T ICOLL, ) 

NIGH. BAYARD, > 

His Excell caused the answer of the Assembly to the message sent in the forenoon by Coll 
Bayard & M r Nicoll, to be read and entered in these words viz 

House of Representatives for the Province of N. yorke 
Die Sabati, A. M. Octo r 13 " 1G94. 

Vpon the serious consideracon of the message sent down by His Excellency and Council by 
Coll Bayard and William Nicoll Esqr, This house is humbly of opinion that if his Excellency 
will be pleased wholly to take of the detachments of men out of this Province and raise one 
hundred men in the neighbouring Colonies for the reinforceing and securing the ffronteers of 
this Province at Albany for this winter season, from the primo November next untill the 15 b 
day of March following, that then this house will raise the sume of seven hundred pounds for 
the paying and mantaining the said one hundred men, so that this Province may be eased and 
wholly freed from the detachments of men, a thing so greivous to the Province iu generall. 

By order of the house of Representatives, 

HENRY PEIRSON, Speaker. 

It is the opinion of the Council that this cannot be received as an answer to the message 
sent by His Excell. 

Ordered, Coll Steph Cortlandt, Coll Nicholas Bayard, Chidley Brooke Esqr, & William 
Nicoll Esqr be a Committe of the Council to consider what returne to be made to the 
Assembly upon this answer. 

The Clerke of the Assembly having delivered to his Excell a Copy of this days votes and 
acquainted that the Assembly are adjourned till munday morning. 

His Excell adjourned till munday morning. 



At A Council held at fort William Henry, the 15"" of October, 1694. 

Esqrs. 



PRESENT His Excell BEN FFLETCHER, &c., 

GrAB. MONVIELLE, } WlLLIAM PlNHORNE, 

CHID. BROOKE, > Esqrs. JOHN LAURENCE, 

WILLIAM NICOLL, ) 



The Committe appointed to consider what returne to be made to the Assembly upon their 
answer to his Excell message, give their report in these words viz . 
In obedience to an order of his Excell in Council this day, 



62 Journal of the Legislative Council of New York. [ 



4th Assem. 
2d Sufitfion. 




We have examined and considered the opinion of the Assembly delivered on Saturday in 
answer to the message then sent them by his Excell and Councill, and do humbly offer 

That we cannot conceive the sd opinion to be any suitable or propper answer to the message 
sent them in the morning, & that the proposal! in the same is very unfitt for his Excellency to 
comply with, as being impossible with that sumeto be effected & wholly inconsistant both with 
his Excell honour and the defence and safety of the Province. 

Which was approved of by the Council nemine conlradicente. And 

Ordered William Pinhorne Esqr and John Laurence Esqr do deliver it unto the Assembly. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 1G" 1 of Octo r 1G94. 
PRESENT His Excell BEN FLETCHER, &c., 

FFRED. PHILIPS, ~\ ClIIDLEY BROOKE, 

STEPH CORTLANDT, ( F WILLIAM NICOLL, 

NIGH. BAYARD, ?* WILLIAM PINHORNE, 

GAB. MONVIELLE, j JOHN LAUKEXCE, 

His Excellency ordered the reading of the votes of Assembly yesterday, whereby it appeared 
that immediatly upon their receiving the Report of the Committe of the Council sent them 
yesterday, they did order the Bill for eighty men and four hundred pounds to be caryed up to 
his Excell. 

Ordered, the Bill for raising eighty men &c be read the first time. 

His Excell desired the opinion of the Council if it is propper for him to passe such a Bill into 
an Act. 

Ordtred, Coll Stephen Cortlandt, Coll Nich Bayard, Chidley Brooke Esqr and William 
Nicoll Esqr be a Committe of the Council to consider of amendments of this bill. 

Ordered, the sd Bill for raising eighty men be read a second time. 

The Committe having agreed upon the amendments of the Bill for raising eighty men &c 

Ordered, the said Bill and amendments to be read a third time. 

His Excell the Governour and Council do consent to the said Bill witli the following 
amendments viz that instead of eighty men, be raised one hundred men; and that there bo 
money levyed to pay them and the others already at Albany from this time forward one shilling 
a day with the incidents. 

Ordered, the Bill to encourage the making of rape and lintseed Oyle, to be read the first 
time. 

Ordered, the Bill for settling Courts of Judicature be read the first time. 

The Bill for setling of Courts of Judicature being read, 

Ordered, Coll Stephen Cortlandt, Coll Nicholas Bayard, Chidley Brooke Esqr & William 
Pinhorne Esqr or any three of them be a Committe to consider of amendments to be made in 
the sd Bill. 

Adjourned till morrow morning 



Att A Councill held at ffort William Henry, the ll !h of October, 1694. 

PRESENT His Excell BEN FLETCHER, &c., 

FFRED. PHILIPS, > WILLIAM NICOLL, "\ 

STEPH. CORTLANDT, f v THOMAS WILLETT, ( F 

NICH. BAYARD, f 1 WILLIAM PINHOENE, f 

CHID. BROOKE, j JOHN LAURENCE, j 

His Excell caused the answer of the house to be read, wherein they persist deny any further 
supply of money and .any more men than eighty. Then desired the opinion of the board 
whether the Bill for the eighty men ought to passe or be rejected: offering that if it passe it 
will be presidentall to the Assembly for the future to assume unto themselves the sole power of 
being Judges both of the numbers of men needfull for the defence of the ffronteers and what 
pay is propper for them &c ; if the Bill be rejected what is next to be done to secure the 
ffronteers? 

His Excell did acquaint the Council that he had drawn up something which he did intend to 
offer to the Assembly and caused it to be read. 

Ordered, the Bill for eighty men be read a third time with the Assembly s answer upon the 
amendments. 



1G94.] Benjamin Fletcher, Governour. 63 

The Bill for eighty men being read a third time, It is the opinion of the Council ncmine 
contradtccnte that it gives not a sufficient supply for the preservacon of the ffronteers & ought 
to be rejected. 

Ordered, the Bill for Isaac Lanser encouragem to make rape & lint seed Oyle be read a second 
time. 

Ordered, the same Bill be read a third time. 

This Bill being three times read the same is assented unto by the Governour and Council 
without amendment. 

Then His Excell signed the sd Bill and ordered it to be enrolled under the seal of the 
Province. 

Ordered, the Clerke of the Council do acquaint the Assembly that his Excell hath passed the 
Bill for making rape & lint seed Oyle into an Act, And that his Excell commands the Speaker 
and the whole house to attend him forthwith in Council which was done. 

The Speaker and the Assembly being present, 

His Excell did affirme the great care and affection he had for the wellfare & safety of the 
Province ; that he had put in writeing what he hath now at present to say to them & ordered to 
be read as followeth : 

M Speaker and you Gentlemen of the Assembly 

The message you sent me on Saturday last cannot be allowed an answer to what I have 
proposed to you for the Safety of this Province ; it bears a very unsuitable returne to the favours 
their Majesties have graciously cast upon us at this time when they are soe many weighty 
affairs in hand and their expenses so great. 

I did always look upon the detachments to be a heavy burthen more greivous than the taxes; 
it depopulates the Countrey. 

To lighten the weight or remove it if possible, I have with an humble vigour represented yo r 
case to their Maties for assistance from the neighbouring Colonies and received their gracious 
Letters and Commands to that end, and pursuant to them I have wrott letter after letter to the 
respective Grovernours, but the successe has not answered my endeavours ; only the Jerseys 
have generously complyed & sent us both men and money. 

Being defeated in my hopes and expectation of supplyes from the adjacent Colonies, I then 
applyed myself to their Majestyes, not only for arms and stores of warr, but men to compleat 
those two Companyes and to make a standing force of four hundred men for the security of this 
Province and to ease them of this great pressure, Detachments. To which applicacon their 
Maties were pleased to condescend, notwithstanding the vast charges they are att in mantaining 
their ffleet and army. 

Their Mat 63 pay is but eight pence a day this Countrey money ; so much English in England 
Ireland or manders enables a private souldier to live better, as to meate drink and cloaths, than 
twice that sume will doe in this Province, and I am taught by experience that those men now 
upon the way to our releife, can never be kept together for that pay ; they will be told so soon 
as they land that in seven years service there is no money for them, not so much as to buy shoes, 
stockins and shirts ; how can they passe upon duty without those conveniencyes or indeed how 
can they live; two pence sterling is stopt from them in the pay office, five pence halfpenny here 
for provision ; what remains is cpjickly summed up. 

I did propose therefore that you would consider to advance four pence a day for their 
encouragement and a suitable fund to defray the incidents of bedding, barracks, transportation, 
hospitall, fire, candle &c or if it be more agreeable to yo r thoughts, follow the good example ol 
Barbados, Antegua, Nevis &c. who in gratitude to their Maties favour and kindnesse have raised 
a sume to defray all the quarters of both officers and souldiers sent to their releife, though the 
money there is more valuable than ours considerably. I have shown M r Speaker their Maties 
Establishment for these men and am well assured they are now on their way. 

I cannot easily and on the suddain apply myselfe to their Maties for fresh succours, nor know 
how to excuse yo r ingratitude, it after all my endeavours for your safety and to ease you from 
detachments which you say are so greivous, you will frustrate what has cost so much pains to 
bring to this fair issue. 

If the Province suffer by your neglect, wilfullnesse or stubbornnesse, I shall wash my hands 
clean from all the evill consequences. 

And to conclude, you must allow that I am their Maties Captain Generall, by the same power 
that you are called to Act as an Assembly ; and as I have been tender of your priviledges, so I 
shall endeavour to preserve my own, and since you take no notice of my former proposal], I must 
tell you once more, I cannot lessen the number of one hundred men added to those already 
there, there being the same reasons for it as we had the last year. The enemy is stronger, we 
ought not to weaken our own hands ; if you Ie open the gates to the enemy, 1 will put 710 hand 
of mine to so vile a worke, and therefore desire you will raise twelve pence a day for the hundred 
men and to make up the pay of those already there to be twelve pence from this time forward, 
without which they cannot subsist. 

Adjourned till morrow morning. 



64 Journal of the Legislative Council of Neiv York. 



Att A Council held at ffort William Henry, the 18 th of Octo r , 1694. 

PRESENT His Exccll BEN: FLETCHER, &c., 

STEPH. CORTLANDT, ~) WILLIAM NICOLL, } 

GAB. MONVIKLLE, > Esqrs. THOMAS WILLETT, > Esqrs. 

CHID. BROOKE, ) WILLIAM PINIIORNE, ) 

His Excell ordered the votes of the house yesterday to be read. 
Adjourned till morrow morning. 



Att A Councill held at ffort William Henry, the 19 * of Octo r , 1694. 

PRESENT His Excell BEN. FLETCHER, &c., 

NICH. BAYARD, ^ WILLIAM NICOLL, ^ 

GAB. MONVIELLE, > Esqrs. THOMAS WILLET, > Esqrs. 

CHIDLEY BROOKE, ) WILLIAM PINHORNE, j 

His Excell caused to be read the votes of the house and the answer of the Assembly to his 
Excell 8 last speech to them, which was prepared by a Committe of Assembly, approved by the 
whole house and sent up to his Excell ; which his Excell referred to the consideracon of this 
board. 

Chidley Brooke Esqr delivered in the state of the taxes in a scheme. 

Ordered, the Clerke of the Council do deliver to the Assembly the present State of the taxes 
given in by the Ilec r Gen", and acquaint the Assembly that the Council have under consideracon 
their returne to his Excell* last speech, and that their opinion thereof will be signifycd to the 
Assembly in writeing by two a clock this afternoone by Chidley Brooke Esqr & William 
Pinhorne Esqr. 

The Council having considered the report of a Committe of the Assembly, Signed Peter De 
La Noy Chairman, and approved by the house, then sent up to his Excell 

It is the Opinion of this board that the manner of expressing tbankfullnesse is more propper 
by gratefull accons than bare words, and without all doubt more acceptable to their Maties, 
satisfactory to his Excell and more effectuall for the security of the Province. 

It is true that the allowance of eight pence a day has been usuall and that of twelvepence 
has alsoe been used ; nor has eighteen pence a day some time been thought too much ; the 
price of cloaths and other necessaryes being inhannced, the wages of mechanicks and comon 
Labourers much raised, due reguard ought to be had of a proporconable increase in the reward 
& subsistance of Souldiers, who are to ly upon the ffronteers where other imployment for them 
is not to be found. 

That the money already raised in the Province has neither been burthensome nor the Colony 
thereby impoverished; having been spent and consumed within the same: but the necessity of 
Detachments has much weakened & depopulated the Government. 

That by God s blessing upon the endeavours have been used, this Province since the settlement 
of the Government by the Crown, has suffered no considerable spoile from the enemy ; a 
happinesse some of our neighbours who have been at much greater expense have not enjoyed. 

The inconvenience which is found by allowing the men only eight pence a day, is the reason 
twelve pence has been required ; it is practised by some of our neighbours & others allow more, 
and the encouragement menconed relates only to those who are mercenaryes; those whose 
circumstances obleige to go in person reap no advantage thereby. 

This board doth not conceive that (Excepting the ffronteers of Albany &c and the losse the 
Province sustains by the departure of its youth for fear of detachments,) we are any ways 
debilitated by the warr, but absolutely as able if we were willing to pay the men twelve pence 
as eight pence a day ; that the winter approaches and what the Assembly think fitt to do ought 
to be done quickly ; and if any misfortune should happen (which God prevent) for want of 
men or the increase of their pay, the fault can neither be imputed to His Excell nor this board. 
And that since the Assembly have no more regard to his Excellencys proposal! for easing the 
Countrey of detachments which have been so greivous, and that they agree to the raising One 
hundred men for the defence of the ffronteers. they be desired to proceed to prepare that Bill 
and to provide to pay them twelve pence a day and for other incidents. Which is approved of 
by his Excellency and 

Ordered, A Copy thereof be delivered to the Assembly by Chidley Brooke Esqr & William 
Pinhorne Esqr, and that they desire the Assembly to proceed accordingly without further losse 
of time. 

Adjourned till morrow morning. 



1694.] Benjamin Fletcher, Governour. 65 

Aft A Council held at ffort William Henry the 20" of October, 1694. 

PRESENT Ills Excellency BEN FLETCHER, &c., 

STEPII. CORTLANDT, ~\ WILLIAM NICOLL, "} 

NICH. BAYARD, Visors THOMAS WILLET, C E 

GABRIEL MONVIELLE, f WILLIAM PINHORNE, f 

CIIIDLET BROOKE, j JOHN LAURENCE, j 

His Excell ordered the votes of the Assembly yesterday to be read. 

It appearing by the votes of the house that the money the Assembly propose to raise for the 
hundred men, will fall short of their pay and incidents at eight pence a day, 

Ordered, William Nicoll Esqr do immediatly go to the Assembly and informe of this 
computation to save time. 

Maj r Ilowell from the Assembly, brought up a Bill for the raising of one hundred men & five 
hundred pounds for the reinforcement of Albany for four months and one halfe, together with a 
message in answer to that by William Nicoll Esqr concerning the computation, whereby they 
promise to raise tenn pounds more to compleate the charge the next sessions of Assembly ; & 
prayed this Bill may be accepted at present in consideracon it is engrossed and ready. 

Ordered, this Bill be read the first time. 

Ordered, Coll Steph Cortlandt, Coll Nich Bayard, Chidley Brooke Esqr, William Nicoll Esqr 
& William Pinhorne Esqr be a Committe of this board to consider what papers and messages 
passed between his Excell and Council & Assembly this sessions are propper to be printed & 
published for the satisfaccon of the people. 

Ordered, the Bill for one hundred men &c be read a 2 d time. 

His Excell ordered their Maties letter concerning the rebuilding the Chappell in the fort to 
be read, and desired the opinion of the board. 

It is the opinion of the Council, it be recommended to the Assembly forthwith, and that they 
be desired to provide for the rebuilding the Chappell according to the intent of the said Letter. 

Ordered, William Nicoll Esqr do carry the said letter and desire the answ r er of the Assembly 
in writeing to be returned with the Letter. 

His Excell the Governour & Council do consent to the Bill for the raising one hundred men 
with this amendment : 

That in the beginning thereof, insteade of the Representatives convened in Gen" Assembly 
taking into their consideracon the necessity of reinforceing the ffronteers ; be inserted, taking 
into consideracon that part of his Excell 8 speech for the reinforcing &c 

Adjourned till the 22 iti of Octo r instant. 



Aft A Council held at ffort William Henry the 22 A of Octo r , 1694, 

PRESENT His Excell BEN FFLETCHER, &c., 

FFRED. PHILIPS, ~\ CHID. BROOKE, 

STEPII. CORTLANDT, ^ . WILL NICOLL, 

NICII. BAYARD, ( WILLIAM PINHORNE, ( 

GAB. MONVIELLE, j JOHN LAURENCE, 

The Bill for the raising one hundred men &c. was ordered to be read a third time; being 
amended and agreed unto by the Assembly, then enacted & ordered by His Excell to be 
enrolled under the seal of the Province. 

Resolved, the said Act be forthwith published and the Assembly be sent for to attend the 
publication ; 

W Inch was ordered accordingly. 

After the publication of the Act for raising one hundred men &c and the Act for the 
encouragement of Isaac Lauser, to make rape & linseed Oyles within this Province, His Excell 
returned with the Council and ordered the reading the vote of the Assembly concerning the 
rebuilding the Chappt-ll, and the Kings Letter. 

The vote of the Assembly concerning the rebuilding the Chappell in their Maties ffort being 
read, it is the result of this board that the message sent on Saturday last with his Maties Letter 
was not to entreat the advice of the Assembly in what method his Excell should proceed in 
effecting his Maties pleasure, but to know of the Assembly what they will contribute, 
in pursueance of that letter, towards so good a worke by establishing some fund (or that 
purpose ; it being the opinion of this board that the most loyall and propper way for all their 
Maties subjects freely to contribute, is by Act of Assembly. 



66 Journal ot the Legislative Council of New York. [i h : 

And that his Excell will please to lett them know the same, and desire their plain answer 
thereupon ; which is ordered accordingly, and that Col Steph Cortland & William Pinhorne 
cary down this message to the Assembly. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 23 * of Octo T , 1694. 

PRESENT His Excell BEN FLETCHER, &c., 

COL. STEPHEN CORTLANDT, ^ WILLIAM NICOLL, ) ^ 

GAB. MONVIELLE, > Esqrs. WILLIAM PINHOKNE, 3 

CHIDLEY BKOOKE, ) 

Ordered, the votes of the house yesterday be read. 

Ordered, The Clerk of the Council do attend M r Speaker to know if there be any thing to be 
offered to his Excell in Council this forenoon. 

The Speaker made answer that they had prepared a Bill which was read two times & 
ordered to be engrossed, and would be in readynesse to be sent up against two a clock this 
day. 

Adjourned till 2 a clock afternoone. 



At A Council held at ffort William Henry, the 23" of October, 1694 

Afternoone. 

PRESENT His Excell BEN FLETCHER, &c., 

COL. STEPHEN CORTLANDT, ^ WILLIAM NICOLL, > -p 

GAB. MONVIELLE, > Esqrs. WILLIAM PINHORNE, 5 

CHIDLEY BROOKE, ) 

Maj Pell from the Assembly delivered to his Excell in Council a Bill Intituled, A Bill for 
continuing the additionall duty for one year longer for the raising G00, towards the rebuilding 
the Chappell and mounting of sixteen great gunns &c. 

Ordered, the sd Bill be read the first time. 

Ordered, A second reading. 

His Excell desired the opinion of the board whether to adjourn, prorogue or dissolve the 
Assembly. 

The Council give their opinion that the Assembly be prorogued till the first of March next, 
which they humbly submitt. 

Ordered, the Bill for continueing the additionall duty &c be read a third time. 

His Excell the Governour & Council do consent unto the sd Bill being three times read, 
without amendment. 

His Excell ordered the Cl. of the Council to tell M r Speaker that His Excell commanded the 
Speaker and the whole house forthwith to attend his Excell in Councill Chamber. 

The Speaker and Assembly being present, 

His Excell signed to the Bill for continuing the additionall duty for one year longer &c ; 
Enacting it & ordered it to be enrolled under the seal of the Province Then told them that this 
Act being their kindnesse to their Maties, in obedience to the Kings Letter, he was obleiged as 
a faint Representative of so great a Prince, to returne thanks for it ; wishing they had expressed 
their kindnesse earlyer, and after many arguments used to diswade the Assembly from 
groundlesse jealousyes & ill opinions conceived by mistakes against their Superiours, and of the 
misapplication of the Revenue ; did perswade them to be unanimous and to have a good 
understanding with the members of Council who were all interested in the prosperity and 
welfare of the Countrey as much as any of them ; and wished that as they are now to part in 
love & friendship, so they meet again with a joynt resolution for their Maties service & the 
prosperity of the Countrey. Then prorogued the Assembly to the first of March next 
ensueing. 

the end of the 2 d Sessions of ye 4 tb Assembly. 



1694.] Benjamin Fletcher, Governour. 67 



FOURTH ASSEMBLY THIRD SESSIONS. 



At A Council held at ffort William Henry, the 21 A day of March, 169|. 
PRESENT His Excell BEN FLETCHER, &c., 



STEP!!. CORTLANDT, 
NICH. BAYARD 
CHID. BROOKE 



ITLANDT, } WILL NlCOLL, > 

ARD, > Esqrs. JOHN LAURENCE, 5 

OKE, ) 



His Excell understanding that there was not a full house did adjourn to the 23 (b of March 
instant. 



At A Council held at ffort William Henry, the 23 * of March, 169-f-. 

PRESENT His Excell BEN. FLETCHER, &c., 

STEPH. CORTLANDT, "} WILL NICOLL, } 

NICII. BAYARD, ^ JOHN LAURENCE, > Esqrs. 

GAB. MONVEILLE. S( ^ rs CALEB HEATHCOTE, ) 
CHID. BROOKE, j 

His Excell required the Clerke of the Council to go to the Assembly and in his Excell name 
command the Speaker and the whole house to attend his Excell forthwith in the Council 
Chamber. 

The Speaker and the whole house being present, His Excell said : 



i 



M r Speaker and you Gentlemen the Representatives of this Province 



I have often affirmed an undisputable truth that my coming to this Government was in 
obedience to their Muties commands not my own choice or set- king. 

Neverthelesse since my arriveall I have with all possible addresse applyd my selfe to 
effect the safety, liberty, concord and ease in all respects of their Ma, ies subjects under my 
direccon. 

The burthen of detachments has been almost unsupportable ; a heavy greivance ; this I have 
endeavoured to lighten by supplys from England, in which Their Mat " have been graciously 
pleased to favour my humble desires, and that the full complement is not yet come must be 
attributed to that Providence which all mankind ought with humility to submitt to, and not in 
the least to want of their Ma lies gracious condescention to my solicitous and repeated requests 
in behalfe of this Province, or defects of any fit applicacon on my part to attain the desired 
end. 

In disposall of the money raised by Act of Assembly for defence of the ffronteers, I have 
used an unpresidented caution, plain Desse and integrity; not fingering any farthing my selfe ; 
disposing of none but by advice and consent of Council and exposing to your view and examination, 
not only the most minute accounts of the disbursements, but the muster rolls also ; which office 
of muster Master is executed by a member of your house so that nothing is hid from you. 

If this my care diligence and opennesse had met with a suitable reception and confidence, I 
have not the least doubt but this Colony had found the security and ease I intended and soe 
earnestly endeavoured. I am sorry to justify myselfe by a necessity imposed on me of charging 
whatever is deficient on the wilfullnesse or neglect of others. 

I will not enlarge especially upon any thing which may seem harsh, though accompanyed with 
never soe much truth. 

The Cheife matters you are called together for are two ; the first is the defence of the flronteers 
and of our Indians. You cannot be ignorant that money is wanting to pay those garrisons 
Albany and Schenectady; other places must be fortifyed upon this nearer approach of the 
ffrench to Cadaracqui. 

I lay before you the last accounts from those parts ; if there be not a speedy care taken for 
releife and assistance to those Indians, their losse will prove ours. 

The other matter fitt for your consideracon is the debts of the Government, occasioned by the 
many unforeseen occurrencyes and accidents in this time of warr. 

I hope as I have not been wanting in all points of good husbandry, soe you will doe your 
duty in enabling their Maties to preserve their rights and the lives and propertyes of their 
subjects in those parts and that they who have given faith to the Creditt of the Government 
upon all its emergencyes, may be justly and speedily paid. 



68 Journal of the Legislative Council of Neio York. [f d h t;. 

Those I earnestly recommend to you and that you will give such dispatch to those urgent 
affairs as their absolute necessity and the season of the year requires. 

Then the Speaker and the whole house withdrew to their house. 

His Excell ordered the Clerke of the Council to go inquire of M r Speaker if he think the 
Assembly will have anything to offer this forenoone, and to what time he thought to adjourn 
the house ; which was done and the Cl of the Council returned with Peter De Lanoy and M;ij r 
Howell from the Assembly, to acquaint His Excell that there will be nothing offered by the house 
to his Excell this day, and that the Speaker did intend to adjourn till 8 ^ clock munday morning. 
And they did desire a copy of his Excell speech to the Assembly, which was given them. 

Adjourned till the 2G" 1 of March 1695. 



At A Council held at ffort William Henry, the 2G A day of March, 1695. 

PRESENT His Excell BEN FLETCHER, &c., 

STEPH. CORTLANDT, } WILLIAM NICOLL, 

GAB. MONVIELLE, > Esqrs. CALEB HEATHCOTE 

CHID. BROOKE, ) 

Maj r Rutsen and M r Blackwall from the Assembly brought a message desiring a Committe of 
the Council may be appointed to conferr with a Committe of the Assembly concerning the 
security of the tfronteers. 

His Excell did appoint Coll Steph Cortlandt, L Coll Gab Monvielle, Chidley Brooke Esqr, 
William Nicoll Esqr, and Coll Caleb Heathcote to joyne the Committe of the Assembly and 
conferr about supplyes for the security of the ffronteers to meet this day. 

Ordered, L Coll Gab. Monvielle deliver this minute to the Assembly. 

Adjourned till morrow morning. 



At A Council held at ffort William Henri/, the 21 th day of March, 1695. 

PRESENT His Excdl BEN FLETCHER, &c., 

Nicn. BAYARD, } WILLIAM NICOLL, ^ 

GAB. MONVIELLE, > Esqrs. JOHN LAURENCE, > Esqrs. 

CHID. BROOKE, ) CALEB HEATHCOTE, ) 

The Committe appointed to meet the Committe of the Assembly did report, That in obedience 
to his Excell Commands they have acquainted the Committe of the Assembly of the necessity 
to secure the ffronteers and there will be supplyes wanting for 200 men for one halfe year at 
least. 

His Excell ordered to be read a message from the Assembly whereby they desire to have the 
musterrolls of the two last detachments sent down to them, and his answer thereunto that the 
muster master is at this juncture absent in their Ma lie service upon the ffronteers, so that his 
Excell cannot at present show the musterrolls ; therefore his Excell desires they will proceed 
to the raising a supply for the ffronteers for two hundred men as formerly desired. 

Adjourned to fryday the 29 lh of March 1G95. 



At A Council held at ffort William Henry, the 29" 1 clay of March, 1695. 

PRESENT His Excell BEN FFLETCHER, &c., 

STEPH. CORTLAND, } CHIDLEY BROOKE, ^ 

NICH. BAYARD, > Esqrs. JOHN LAURENCE, > Esqrs. 

GAB. MONVIELLE, ) CALEB HEATHCOTE, > 

His Excell sent the Cl of the Council to inquire if the Assembly had anything to offer to his 
Excell and Council this day ; who returned in answer, that there was nothing to be offered 
this forenoone. 

Adjourned till the second of Aprill. 



1694.] Benjamin Fletcher, Governour. 69 

At A Council held at ffort William Henry, the 2 1 of Aprill, 1095. 

PRESENT His Exccll BEN FFLETCIIER, c., 

STEPH. CORTLANDT, ~\ WILL NICOLL, ^ 

NICH. BAYARD, ( p^ WILL" PINHORXE, > Esqrs. 

CHID. BROOKE. f CALEB HEATHCOTE, ) 
WILLIAM SMITH, j 

His Excell commanded the votes of the house yesterday to be read in Council, and an 
Addresse of the Assembly, to be adjourned untill such time they have the perusall of the 
musterrolls. 

His Excell demanded the opinion of this board if it be prnpper or convenient for their Maties 
service to adjourn the Assembly untill they can have the perusall of the musterrolls, and if it be 
needfull for the Assembly to see the musterrolls before they proceed to raise supplyes to secure 
the ffrouteers, the time being so neer at hand for releiving the fusileers now upon service, to be 
discharged the first of May next. 

This board (//cm/nc contradicente) are of opinion that their demand is impropper, and that the 
Assembly ought without further delay proceed to provide for the security and defence of the 
Province a suitable supply. 

His Excell commanded a message which he did intend for the Assembly to be read in hec 
, sc. 



I have acquainted this house the necessity and urgency of a present supply for the defence 
of the ffro nteers, which has not mett with that consideracon the weight of the affair requires 
and the season presses. 

I am as solicitous for the ease and prosperity of this Province, as any particular member or 
the whole Assembly can be. I know its strength and capacity and what contributes to its 
Weaknesse and Greit e. 

I shall be always ready to expose my life for its safety and preservacon ; therefore I think it 
my duty to put you in mind that a supply for guard of the ft ronteers, is of farr greater 
moment and consequence than any other matter the house can have under their thoughts ; and 
merits your outmost care and diligence. 

I desire to know what I may expect ; that if money cannot be raised to subsist and pay those 
men, I have or shall procure without detachments, I may proceed to draw such officers and men 
out of the militia of this Province as may answer the end of my desire; the prosperity and 
security of their Maties subjects under my care. 

His Excell did likewise command his answer to the Addresse of the Assembly yesterday to be 
read in hec virl/n ss. 

Gcntl. In answer to your Addresse to me yesterday, whereby you desire to be adjourned 
until such time as you can have the perusall of the musterrolls, I have this morning thought 
fitt to lay it before the Gentl of the Council!, who are all of opinion that such adjournment 
is impropper and that the perusall of the musterrolls cannot affect your proceeding to the 
raising of supplyes that are now wanting for the defence of the ffronteers the ensueing 
year. 

And forasmuch as the time of releife of the fusileers draws neer, I again desire you will proceed 
to the raising supplyes without further delay. 

The Council do unanimously approve of his Excells message and answer to their Addresse ; 
and it is ordered, Coll William Smith and William Nicoll Esqr do deliver them to M r Speaker 
forthwith. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry the 3 d of Aprill, 1695. 

PRESENT His Exccll BEN FLETCHER, &c., 

NICH. BAYARD, j> CHID. BROOKE, ^ 

WILL" SMITH, > Esqrs. WILL NICOLL, >Esqrs. 

GAB. MONVIELLE, ) WILL " PINHORNE, ) 

His Excell commanded the votes of the house yesterday to be read in Council, and having 
found thereby that the Assembly run upon a mistaken notion of a surplusage of former taxes, 
desired the opinion of the Council to send a message to them, to give them a better understanding, 



70 Journal of the Legislative Council of Neiv York [ 

that they may make quicker dispatch to raise supplys for securing the ffronteers ; then his Excell 
commanded the reading thereof in hec vcrba, ss. 



2 Message. 

I have perused the votes of your house yesterday, and to prevent mistakes or losse of time, 
must recommend to you that whatever publick moneys are raised is immediately as such vested 
in their Majestyes, and may not be otherwise disposed of nor in other manner than their Majestycs 
Letters Patents direct. 

The surplusage of the taxes are wholly uncertaine, they being not received ; there alwayes are 
insolvency es till the oflicers and men are paid and incidents defrayed (which ever prove more 
than is expected), no reasonable guesse can be made what it will amount to, nor by probable 
computation can I think there will be any, but on the contrary, a want of money ; however if 
there should be any surplusage, I do promise and assure you, every part of it shall be applyed 
to the use it is raised for and no other. 

I heartily wish and shall constantly endeavour to ease this Province in every thing that is 
prejudiciall or burthensome to it; but cannot think, a thousand pounds sullicient for the service. 

The charge of the defence of the ft ronteers for this last year, will be upward of four thousand 
pounds, and the Inhabitants were detached. Upon inquiry made, I do not finde the taxes have 
at any time been nigh so grcivous as the detachments. 

I therefore judge the Province being eased from that burthen, might frankly give four thousand 
pounds this year ; it being wholly for its own preservacon and defence and to no other end. 

The Council do very well approve thereof, and thank his Excell for his care and diligence. 

Ordered, L l Coll Monvielle & William Pinhorne Esqr do deliver this message to M r Speaker 
in Assembly. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 4 A of Aprill, 1695. 

PRESENT His Excell BEN FFLETCHER, &c., 

STEPH. CORTLANDT, ") WILLIAM NICOLL, 



NICII. BAYARD, (. -p WILLIAM PINHORNE, > Esqrs. 

WILL SMITH, ^ CALEB HEATHCOTE, ) 

CHID. BROOKE, j 

His Excell commanded the votes of the Assembly yesterday to be read, and it appearing that 
the Assembly persist to refuise the raising of more money than one thousand pounds to secure 
the ffronteers for six months ; 

His Excell demanded the opinion of the Council what may be propper to be Offered to them. 

His Excell ordered the musterrolls to be brought, and laid them open for the Council to 
peruse. 

His Excell did appoint Coll Steph Cortlandt, Coll Nich Bayard & the Accomptant Gen 11 to 
State the account of the four Companys according to the musterrolls, and to finde out what 
surplusage there is, and make report to his Excell in Council to morrow. 

The Council do humbly offer their opinion to his Excell, not to send any further or other 
message to the Assembly untill his Excell have the perusall of that bill they are now framing, 
which may be soon expected. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 5" of Aprill, 1695. 

PRESENT His Excell BEN FLETCHER, &c., 

STEI>H. CORTLANDT,"^ CHID. BROOKE, ) 

NICH. BAYARD, v WILL" NICOLL, > Esqrs. 

WILL- SMITH, f * WILL PINHORNE, ) 
GAB. MONVIELLE, j 

His Excell commanded the votes of the Assembly yesterday to be read. 

The Gentlemen appointed yesterday to examine the musterrolls and compute the surplusage 
so much insisted upon by the Assembly, did report: That upon a strict examination of all 
the musterrolls and the necessary charges and disbursements ariseing upon the taxes, they do 
finde that when all the arrearages of the taxes are come into the Receiver Generally hands, and 
disbursed again to the propper uses, there will be wanting the sume of one thousand and 



1695.] Benjamin Fletcher, Governour. 71 

twenty three pounds, three shillings, three farthings to pay of the sd forces now upon the 
ffronteers and their incidental! charges the first of May next. Which report was approved by 
the Council!. 

His Excell did appoint Coll Steph Cortlandt, Coll Nich Bayard, Coll William Smith, Chidley 
Brooke Esqr, William Nicoll Esqr and Coll Caleb Heathcote a Committe of the Council to 
conferr with a Committe of the Assembly to be thereunto appointed sometime this day, to give 
them the true informacon of the state of the taxes and the many disbursements that arc 
absolutely necessary, happening by the fusileers from time to time upon the ffronteers of this 
Province. 

Ordered, the Clerke of the Council do deliver to M r Speaker a Copy of this minute, and 
de>ire him to appoint a Committe of the Assembly to meet the Committe of the Council for 
that purpose. 

Adjourned till after the meeting of the Committes this morning. 



At A Council held at fort William Henry, the 5" of Aprill, 1695. 

t a clock at nii>-ht. 



PRESENT His Excell BEN FLETCHER, &c., 

STEP!!. CORTLANDT,"^ AVlLL XlCOLL, 

NICH. BAYARD, ( p WILL" PINHORNE, }> Esqrs. 

WILL" SMITH, f CALEB HEATHCOTE, 

CHID. BROOKE, J 

The Committe of the Council did report to his Excell That pursueant to his Excells Commands 
they did meet tenn of the Members of Assembly, about the hour of five, and have endeavoured 
to informc them that there is no surplusage, and have ottered to give demonstracon thereof by 
exhibiting to them a scheme of the whole taxes and disbursements, whereby it plainly appears 
that there is the sume of ,1023: 3: 10J : wanting (when all arrearages are received and 
disbursed to the propper uses) to pay oft the present forces at Albany, with the incidents, 
and the sume of two hundred and sixty four pound, twelve shillings & sixpence more, wanting 
to pay a Town Maj r at Albany, Commissary of musters, Commissary of Provisions, Chirurgeon, 
Armourer, and a Chirurgeon s mate at Schenectady; which they refuised to look upon or 
examine. 

That for further satisfaccon, the Committe of the Council did presume to send to his 
Excell for the musterrolls which His Excell was pleased to send. That they did make an 
abstract of them, and tendered it to Peter DeLanoy, with the originalls, offering to compare 
them with him, that they may be satisfyed of the truth of the abstract and cary it for the 
satisfaccon of the whole house; but they all refuised to look upon them, saying: that 
the scheme of the taxes was the ballances of accounts and not accounts themselves, and 
that though they beleive there is a voucher for every article which hath passed the Council 
board, they cannot creditt the Council ; and if his Excell appoint more officers than they make 
provision for. or detaine the fusileers longer in service, he must pay them himselfe. 

The Committe of the Council did acquaint them that the reason the men were detained 
longer in the service was, that at the time of releife his Excell had intelligence of the Enemys 
marching against Albany, and the slownesse of the detached men who are some a month, some 
six weeks after the time prescribed in the Act of Assembly & appointed by his Excell, and 
there being daily occasion of sending out partys to range the woods and defend out farmes, his 
Excell is the sole judge of the number of officers needfull for the service, & they ought to be 
paid. 

His Excell commanded the Bill brought up from the Assembly, for the raising one thousand 
pounds for the security of the ffronteers for six months with surplusages &c, to be read. Then 
put it to the vote, if that be a sufficient supply for the ffronteers? Caryed in the negative. 

It is the Opinion of the Council, that the preamble of the bill is impropper, and that provision 
made in the latter end thereof, whereby they intend to cut off from his Excell the power of 
detaching men, cannot be assented unto, being in direct repugnancy to their Maties Letters 
Patents. 

His Excell was then pleased to offer, that seeing the sume offered by the Assembly will not 
defray the arrears (so is no supply for the ffronteers) and it is the opinion of the Council that 
His Excell cannot assent to any bill in that forme; the time is at hand for the dischargeing of 
the fusileers now at Albany, it being a matter of great moment, recommended to their 
consideracou if it may be propper for his Excellency to issue forth his orders signifying what 
care he hath taken to ease the countrey of detachments, and how it comes to be defeated by 
the Assembly, and proceed to command the militia to march at their own charge, to defend the 
ffronteers. 

Adjourned till morrow morning. 



72 Journal of the Leislative Council of New York. 






^ yl Council held at ffort William Henry, the G" f% o/" ^>;v #, 1G95. 

PRESENT Ills Excell. BEN FLETCHER, &c., 

NICH. BAYARD, \ CHID. BROOKE, } 

WILLIAM SMITH, ( E WILL" PINHORNE, > Esqrs. 

GAB. MoNviELLE,f CALEB HEATIICOTE, ) 
WILL NICOLL, j 

His Excell did desire to know the opinion of the Council ; then recommended to them to 
consider well of it if there be any other method left for his Excell than to publish reasons for 
rejecting the bill and proceed to detach the militia by virtue of his Excell power of Cupt 
General!, and adjourned till munday morning. 



At A Council held at ffort William Henry, the 8 * day of Apr HI, 1G95. 



PRESENT Ills Excell BEN FLETCHER, &c., 

STF.PH. COHTLAXDT, ) WILL PINHORNE, 

WILL " SMITH, x Es q rs - CALK]! ii EAT1Il . OTEj 



BAYAIJD, Cp inra JOHN LAWRKM i:, J> Esqrs. 

WILL NICOLL, j 



The Council having well considered what his Excell did recommend to them on fryday 
evening and Saturday forenoon, had conceived their opinion in writing, and advise his Exct ll to 
reject the Bill ; which writing follovveth in these words, viz 

In obedience to your Excellency s Commands, We humbly offer our opinion to reject the Bill 
for a supply to defend the ffronteers at Albany for six months, for the Reasons following 

1. For that in the preamble of the said bill is expressed, that their Ma 1 " have been graciously 
pleased to grant Supplys to this Province, especially for the defence of Albany; when indeed 
their Majcsiyes have not designed nor directed any certain service for those forces, they have 
been graciously pleased to send to this Province ; but have committed that to the direction of 
their Captain Gen" here ; by any thing we have seen or do know. 

2. For that in the said bill is given certain surplusages of taxes which upon due inspection 
into the accounts, receipts and payments and insolvency s thereof, viewing the musterrolls, the 
incidentall charges and the severall officers pay, by a scheme that has been drawn out of that 
matter, and ihe exactest computation that can be made, it appears to us that there will not only 
be found no surplusages, but that to defray and pay the men, Officers and incidentall charges 
accrueing on that service and to be paid by those taxes, there will be an arrearage, or want, of 
neer thirteen hundred pounds as by the said Scheme and an abstract of the musters has been 
shown to a Committe of the Assembly. 

3. For that the thousand pound given by the said Bill will by no means extend to the raising 
and support of such a number of men with their propper Officers as will be absolutely necessary 
to secure the ffronteers this summer ; And for that no men can be raised in this Province without 
detaching the militia, unlesse there be fourty shillings levy money for each, and twelve pence 
a day which with the propper Officers and incidentall charges, will not raise and mantain 
one hundred men for more than three months and tenn days ; whereas the present circumstances 
of the Indians of our Allyance with their Ma ies Enemys of Canida, is duely considered, we do 
humbly conceive the guarding of the ffronteers will this summer require rather a greater then a 
lesser force than has been imployed in that service the years past, without which it is not 
reasonable to be expected that our Indians will continue firme, our strength appearing lesse and 
our Enemy approaching neerer. 

4. For that the last clause in the said bill restrains the Captain General! from making any 
detachments during the time of the service in the bill expressed, We are humbly of Opinion it 
is not to be allowed, for that it seems to divest the Captain Generall of the power of the 
militia; and therefore ought not to be inserted in any Bill or Act. 

However, if it shall appear to your Excellency just and reasonable to give the Assembly such 
assurance otherwise (as you have already sufficiently to this board) upon their enabling your 
Excell to guard the ffronteers without detachments, your word and Honour ought to be taken 
for good security in that matter. 



1G95.] Benjamin Fletcher, Governour. 73 

We are humbly of opinion that if the said bill had given a thousand pound towards the 
service therein menconed, without inserting the matters above excepted against, it might be 
accepted and appb ed accordingly. Which is humbly submitted 

By yo r Excell Obedient Servants, 

S. V. Cortlandt Caleb Heathcote Chid. Brooke 

Xich Bayard W. Nicoll W. Smith 

John Laurence G. Monvielle W. Pinhorne 

The same was read by his Excell 1 Command and approved of by his Excell. 

Ordered, Lt Coll Monvielle & John Laurence Esqr do deliver a Copy thereof to the Assembly. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 9 A of Apr ill, 1695. 

PRESENT Ills Excell BEN FLETCHER, &c., 

STEP. CORTLANDT, ^ WILL XICOLL, ^ 

NICH. BAYARD, > Esqrs. WILL PINHORNE, > Esqrs. 

CHID. BROOKE, ) CALEB HEATHCOTE, ) 

His Excell having drawn up a message to the Assembly to demand their ultimate answer 
concerning suitable supply es for the ffronteers, ordered it to be read in hec verba sc. 

3. Gentlemen, 

Yesterday, by two of the Council, I sent to your house the reasons offered me by this board 
why the bill you sent up heither (in the manner it was designed) could not passe; it contains 
severall matters inconsistant with truth, the trust by their Majestyes reposed in me and the end 
for which its menconed to be made. 

If you please to enable me to pursue my desires (the safety and ease of the Province), you 
shall not find me wanting in giving all fitting assurance that I will not detach a man & yet (by 
Gods assistance) will secure the fronteers ; but if by your mistrust and tenacity in withholding 
just and reasonable supplys, I am necessitated to burthen the Province by drawing such part of 
its militia to guard the ffronteers as I shall judge requisite, the greivance apparently lyes at 
your door and cannot without the highest abuse to truth be imposed on me. 

You have sat a great while ; considering how litle has been done for their Ma tle> service or 
the good of the countrey. The first of May draws neer when (without immediate care) the 
IFronteers will be left naked. The enemy has been already there, & when they know our 
weaknesse, will undoubtedly take their measures accordingly. I therefore send this to know 
forthwith, your ultimate resolve, that if you will not assist me in preserving the Province, I 
may take such methods as my duty commands, and their Maties Letters Patents impower me 
to use. 

Being read, it was approved of, and William Pinhorne Esqr and Coll Caleb Heathcote are 
desired to bear the message to the Assembly. 

Adjourned till morrow morning. 

The Assembly having (after the breaking up of the Council) addressed his Excell to know 
what particulars are inconsistent with truth and the trust reposed in his Excell in the Bill ; 
His Excell by the Cierke of Council returned this Answer viz 

4. Gentlemen, 

In answer to the addresse sent me this morning, I let you know, that if you peruse and 
consider the minute of Council sent you by M r Laurence and L Coll Monvielle, which you take 
notice of in yo r yesterdays votes, you may discern the particulars are inconsistent with truth 
and the trust reposed in me. 



10 



74 Journal of the Leislative Council of New York. 






At a Council held at ftort William Henry, the 10" of Aprill, 1G95. 

Esqrs. 



PRESENT His Exccll BEN FLETCHER, &c., 

STEPH. CORTLANDT, ) WILL"" NICOLL, 



NICH. BAYARD, > Esqrs. WILL" PIXIIORNE, 

CHID. BROOKE, ) CALEB HEATHCOTE, ) 

His Excell commanded the Votes of the house yesterday to be read. 

His Excell ordered a message intended for the Assembly to be read, that he may have the 
opinion of the Council thereof in hec vcrba, sc. 

5. Gcntl 

Yesterday you desire to know of me what is contained in your Bill inconsistent with truth and 
the trust reposed in me ; whereupon I referred you to the opinion and reason offered me by the 
Council for rejecting the Bill (a copy whereof we sent you) ; you positively asserted what now 
you make a supposition, and a surplusage where there is none; a thousand pounds will not 
answer the end I proposed. 

I can never passe a Bill to divest my selfe of the military command reposed in me by their 
Maties. 

I have done my outmost endeavours for assistance to this Province, and to ease it from 
detachments as I have plainly told you in my speech ; and have good prospect of obteining my 
end (which is your ease and security), unlesse you do persist to detente my good intentions. 

You have no reason to have the least conjecture that I should intend this Province should not 
contribute money to its own defence ; detachments being removed, the most greivous part of 
the burthen is lightened. 

Therefore I again recommend to yon to proceed, without losse of time, to provide such 
supplyes as may prove reall and not an imaginary assistance, to which I desire your answer. 

The Council do approve of the Message and pray his Excell to send it. 

Ordered, Coll Nich Bayard and William Nicoll Esqr do deliver the said Message to the 
Assembly. 

Adjourned till afternoone. 



At A Council held at ffort William Henry, the 10 * of Aprill, 1695. Afternoone. 

PRESENT His Exccll BEN FLETCHER, &c., 

STEPH. CORTLANDT, ) GAB. MONVIELLE, ^ 

NICH. BAYARD, > Esqrs. CHID. BROOKE, > Esqrs. 

WILL SMITH, ) WILL PINIIORNE, > 

His Excell ordered the answer of the Assembly upon the Message of the forenoon this day, 
to be read, and finding the same to contain nothing but an evasion from proceeding to businesse 
desired, did likewise order the reading of another Message to the Assembly for the Councils 
approbacon in lice verba. sc. 

6. Gentlemen, 

I finde much time spent in Questions and Answers, without any regard to the duty you ow 
their Ma lies , or concerns for the preservation of this Province. 

It is a faint argument, and unbecoming the wisdom of a Province to say a muster master 
informs us thus, when the accounts and musterrolls have been laid before you by a Committe of 
the Council, by which it is demonstrable to all considerate, judicious and unbyassed men, that 
there is no surplusage. So farr from it that one thousand pound will not answer the late years 
necessary and undispensible charge. 

I do therefore again recommend to your consideracon, the severall messages I sent to you 
since the opening of this sessions, and the approaching necessity for the releife of these few 
forces now on the fronteers, which will break or desert the first of the next month. 

The ill consequences, blood, devastations, or mischeife which may happen, I wash my hands 
of, and must be justly laid at your doors, if you will not contribute to your own security. I 
shall expect you to be witnesses of my endeavours, and appeal to the King as the only Judge of 
your accons and mine, in this great affair (your own safetys and their Ma lies service. 

The Council do approve of this message, and It is 

Ordered, Lt Coll Monvielle do deliver the same to the Assembly. 

His Excell desired the Councils opinion if it be propper for him to adjourn, prorogue, or 
dissolve the Assembly before the security of the ffronteers be provided for. 



1695. Benjamin Fletcher, Governour. 75 

The Council are of opinion, the ffronteers must needs be provided for, and that his Excell do 
not adjourn, prorogue, or dissolve them as yett. 
Adjourned till morrow morning 



At A Council held at ffbrt William Henry, the 11 * of Aprill, 1695. 

PRESENT His Excell BEN FLETCHER, &c., 

STEPH. CORTLANDT, } JOHN LAURENCE, > -p 

WILL SMITH, > Esqrs. CALEB HEATHCOTE, ) 

WILL " PINHORXE, ) 

His Excell commanded the votes of Assembly yesterday to be read. 

The Council rinding that the Assembly do deny the musterrolls were tendered to them for 
perusall the 5th of Aprill, Coll. Cortland, William Smith Esqr & Caleb Heathcote Esqr, who 
were of the Committe that day, do declare that they did tender to the Committe of Assembly, 
An Abstract of the musterrolls which was compared in Council by the Originalls, and that they 
did put the Originall musterrolls into the hand of Peter DeLanoy, one of the Committee of the 
Assembly, desiring him earnestly to compare the abstract with the original musterrolls, and cary 
the abstract along with them forthesatisfaccon of the whole house; which he did refuise, saying, 
there was no need of it. 

His Excell did lay before the Council the present circumstance of the Province, how the 
Assembly refuise to give any supplys to secure the ffronteers, and the time of releife draws neer, 
when those who are posted there will disperse themselves; and desired the advice of the 
Council, if it may not be proper for his Excell to issue forth his commands for calling the feild 
( )fticers of the Militia throughout the Province together, to consult with his Excell, of the easyest 
methods to secure the Province in its present circumstance. The Council do approve thereof 
and advise his Excell accordingly. 

His Excell ordered the draft of his orders in writing, for calling the feild Officers together to 
be read and the Council did approve thereof. 

His Excell did lay before the Council the litle prospect he hath of their doing any thing 
requisite for securing the ffronteers, or any other good ; that it cannot be for their Ma tie> service 
to continue them when they seem to cast reflections from day to day, without ground or reason, 
upon his Excell and the Council, and persist in a distrust of the Council board. 

Therefore, desired the Opinion of the Council what is propper to be done. 

The Council give their opinion for dissolving this Assembly, but in all humble manner submitt 
that to his Excell. the power thereof being lodged in himselfe solely. 

Adjourned till morrow morning. 



At a Council held at ffort William Henry, the 12" 1 of Aprill, 1695. 

PRESENT His Excell BEN FLETCHER, &c., 

STEPH. CORTLANDT, } WILLIAM PINHORNE, 

NICII. BAYARD, > Esqrs. CALEB HEATHCOTE, 

WILL SMITH, ) 

His Excell commanded the votes of the Assembly yesterday to be read. 

His Excell desired the opinion of the Council, to call the Assembly before him, if they think 
it may be possible to perswade them to proceed to businesse. The Council do advise his Excell 
to call them before him, in hopes his Excell Speech may have some influence. 

His Excell commanded the Clerke of the Council to goe to the Assembly and in his Excell 
name to command M r Speaker and the whole house to attend his Excell forthwith in Council 
chamber ; which was performed. 

The Speaker and the whole house being present in Council Chamber, His Excell did acquaint 
them, that he hath sent for them to use his outmost endeavours to remove those misunderstandings 
which seem to be among them, having found a sort of stagnation upon all businesse ; then passing 
along all the passages of the Assembly since the last meeting, did use many pregnant and persuasive 
arguments for their proceeding to consider of the safety and ease of the Province, and to leave 
fruitlesse and causelesse contention and jangling; after which remanded them to their house. 

The Council do unanimously approve of his Excells discourse to the Assembly, and acknowledge 
themselves to be witnesses of his Excell* integrity, and earnest endeavours ibr the well (sic) of 
the Province, and return his Excell their humble and hearty thanks. 

Adjourned till morrow morning. 



76 Journal of the Legislative Council of New York. [M ^": 

At A Council held at ffort William Henry, the 13" day of April, 1695. 

PRESENT His Exccll BEN. FLETCHER, &c., 

STEPH. CORTLANDT, ^ CJIIDLEY BROOKE, ^ 

NICH. BAYARD, > Esqrs. WILL PINHORNE, > Esqrs. 

GAB. MONVIELLE, ) JOHN LAURENCE, ) 

His Excell ordered the votes of the house yesterday to be read ; And it being manifest by the 
votes of the house, that they continue to deny any further supply to secure the ffronteers, His 
Excell did desire the opinion of the board what was to be done. 

His Excell did show the Council a peticon which was given in to the Assembly by the Church 
Wardens and the Resolution of the Assembly thereupon, signed by the Speaker, which is : That 
by virtue of the Act for setting a Ministry, they have power to call a dissenting minister from 
the Church of England, and compell all persons to contribute towards his mantainance, pursueant 
to sd act. Also another peticon presented to the house by two fusilecrs who have deserted the 
service upon the ffronteers, and the reference of the Assembly thereof unto his Exccll for the 
paying of the deserters. 

The Council are of opinion that there is no good to be expected from this Assembly ; that 
there are some persons amongst them endeavouring secretly to imbroile the Government into 
disorders, as it has been formerly ; and therefore, if his Excell think meet, advise his Excell 
to prorogue them to the three or twentyeth of this instant, being the time appointed by his 
Excell for the meeting of the feild Officers of the Province to advise of some easy method to 
secure the ffronteers. 

His Excell ordered the Cl of the Council to go to the Assembly, and in his name Command 
M r Speaker & the whole house to attend his Excell forthwith in Council Chamber. 

M r Speaker & the whole house being present his Excell said : 

Gentlemen, 

You have proceeded to give yo r opinion or interpretation of that Act of Assembly which 
provides for a Ministry in this City and two other Countyes, upon a peticon presented unto you, 
and you say, that the Church Wardens and Vestrymen may proceed, by that Act, to call a 
protestant minister dissenting from the Church of England, and raise the money for his 
mantainance. Not to tell you that there is no protestant Church admitts of such Officers as 
Church Wardens & Vestry men but the Church of England, It is out of your Province to take 
upon you to explain an act which you did not make; the Laws are to be interpreted by the 
Judges. 

You have likewise received a peticon from two fusileers that came to you for pay ; you referred 
them to me to be paid, though they did not see fitt to show themselves I am informed who they 
are, and that they have deserted the service; which is death in time of warr. I should rather 
have expected from you to have sent them up to me to receive their deserts. I desire all or any 
of you to show me that officer, who hath discharged any man without his full pay, and I will 
make him an example, or show me the man in the Province that is not paid. 

I am now sorry to tell you you have sitt a long time to oppresse and burden the countrey, at 
the charge of tenn pound a day, besides other contingencyes, and have had no regard to their 
Ma tie " service nor the safety of the Province. The whole time is spent rather in contention for 
superiority, right of Government and who shall command; for that supply which you pretend 
you would give, is no supply at all If a man give me one thousand pound and oblige me to 
pay two thousand, he gives me nothing. 

You now desire ly cense to print the Votes. M r Speaker knows at the opening of the sessions, 
if I may call it one, I told him they might be printed dc die in diem ; but it never was asked 
before. 

I am as sensible of the burthen of detachments as all of you can be, and have done more to 
lighten it. I know it is an oppression that falls wholly upon the poor; the most of you are 
sheltered by Commissions, either as Justices of the peace or militia officers; but you know you 
must contribute some proportion to the taxes. These Gentlemen that are of the Council are 
rivttted amongst you here; they have fixed down their stakes, and have as much interest in the 
countrey ; yea, more than all of you ; and are as unwilling to bring a yoak upon their posterity 
as you are. I can name two them that pay more taxes in one year than all of you pay. It 
seems strange you will put no trust in them, and make doubts and scruples where there is no 
ground for it, in things which you your selves confesse you don t understand. The res never a 
man amongst you (except Peter De La Noy) pretends to understand an account ; and there is not 
one farihing of publick moneys disposed or disbursed, but by advice of the Council ; and there 
are good vouchers for it. Such I beleive M r De La Noy would be glad to have for his account, 
when he was receiver here, which is now before the Lords of the Treasury under examination. 

I have taken many measures to ease the Province from detachments, and solicited not only the 
neighbouring Provinces but their Ma ies , who have been graciously pleased so larr to favour my 



1695.] Benjamin Fletcher, Govemour. 77 

desires and the ease of this Province, as to order forces heither at my disposal! ; but all is like 
to be defeated by your neglect. I am ready to appeal to their Ma lies , and have a safe conscience 
to appeal to a higher King, after this life, for my sincerity and integrity in endeavours for the 
ease and good of the Province. Had you acted like men, if you found me out of my duty, 
twas your businesse to have provided for the safety of the Province; then to have drawn up 
your accusation against me to their Ma lies , which I should have taken care should come to their 
hands. But, since I finde by your votes yesterday you are resolved not to raise supplys to secure 
the ffronteers, I think fitt to prorogue this Assembly to the 23 lh of this instant, and you are hereby 
prorogued accordingly. 

The Council unanimously approve of his Excells speech to the Assembly, and returne humble 
and hearty thanks. 



iX. Y. Colonial Manuscripts, XL., 19.] 

BY His EXCELLENCY . 

BENJAMIN FLETCHER, Captain General and Governor in Chief of Their Majesties Province 
of New -York, and the Territories and Tracts of Land depending thereon in America, and 
Vice-Admiral of the same, Their Majesties Lieutenant and Commander in Chief of the Militia, 
and of all the Forces by Sea and Land within their Majesties Collony of Connecticut, and of 
all the Forts and places of Strength within the same. 

A PROCLAMATION. 

WHEREAS I have found the Detaching of the Inhabitants of this Province, for Defence of 
the Fronteers, hath been a grievous Burthen, and have used my Outmost Endeavours, to provide 
for the Security of the Fronteers, and the ease of the Inhabitants, which is not so far (at present) 
effected, but that it requires a Sum of Money to enable me, as well to retain those that are 
willing to serve, as to keep those I have already there ; for which end I have used all Plainness 
and Integrity with the Assembly, making unusual Condescentions. 

AND WHEREAS the Assembly have continued sitting Twenty Three Days, which has been 
a great Charge to the Country, and have made no suitable Return to Answer the End I have 
Proposed, I do therefore think fit, by and with the Advice of the Council, to DISSOLVE the present 
Assembly of this Province, and they are hereby DISSOLVED accordingly. 

Given at Fort William Henry, the Two and Twentieth day of April], 1G95. Annoq, 
Regni Regis $f Regina Gulielmi & Maria 1 , Angliae, fyc. Scptimo. 

BEN FLETCHER. 

God Save King William & Queen Mary. 



THE FIFTH ASSEMBLY FIRST SESSIONS. 



At A Council held at ffort William Henry, the 20" of June, 1695. 

PRESENT Ills Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, j> WILLIAM NICOLL, > -, r 

NIGH. BAYARD, x Esqrs. CALEB HEATHCOTE, ) 

CHID. BROOKE, ) 

His Excell. understanding the Representatives were not come to Town did adjourn till morrow 
morning. 



At A Council held at ffort William Henry, the 21" day of June, 1G95. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, ) WILLIAM NICOLL, ) T ^ 

> r miVQ 

NICH. BAYARD, > Esqrs. CALEB HEATHCOTE, $ 

CHID. BROOKE, ) 

The Representatives come to Town, being 15 in number, came to waite upon his Excell in 
Council ; his Excell told them that harvest coming on and the Kings businesse requiring 
haste, they ought to dispatch their businesse. So bid them go to their house & choose a 
Speaker. 

Having chosen their Speaker, they did return and present their Speaker, JAMES GRAHAM Esqr 
and desired his Excells approbacon. 

M r Graham prayed his Excell to recommend to the Assembly to choose another more 
qualifyed for that service ; his Excell did confirme their choice. 

M r Speaker in behalfe of the whole house, did assure his Excell of their good afleccon to his 
Maty and the present Government ; then desired nsua.ll privilcdges to be allowed them, as 
freedome for themselves and servants during sessions from arrest, ffree accesse to his Excell and 
Council, a favourable construccon upon their words, and frequent Comrnittes of the Council 
to remove misunderstandings upon occasions &c : which his Excell did grant. 

Then Recommended to them their own ease and safety in securing the tfronteers, the Quota 
assigned by her Maty to this Province of two hundred men for a joynt force of all the 
neighbouring Colonies to be upon the ftronteers, and an encouragement to the forces lately 
come over; And to Consider of the Circumstance of the Province with relation to the late 
intelligence come from Albany and the Lords of the Admiralty, by way of Maryland. 

After which they returned to their house. 

Adjourned till the 2S lh of June 1695. 



At A Council held at ffort William Henry, the 28" day of June, 1G95. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, ^ CHIDLEY BROOKE, ~) 

WILLIAM SMITH, > Esqrs. WILLIAM NICOLL, > Esqrs. 

GAB. MONVIELLE, ) WILLIAM PINHORNE, ) 

Cap Thomas Dekey and some other members of Assembly from the house, in behalfe of the 
whole Assembly, did addresse his Excell for the pardoning one of the Granadeers lately 
come over from England, he being condemned to dy by a Court rnartiall for mutiny. 

His Excell was graciously pleased to grant their request and gave orders that the prisoner 
should be Caryed to the Assembly to returne thanks. 

Adjourned to the 2 d of July. 



1695.] Benjamin Fletcher, Governour. 79 

At A Council held at ffort William Henry tltc 2 d of July, 1G95. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH CORTLANDT, 7 r WILLIAM PIXHORNE, ) F 

WILLIAM SMITH, $ CALEB HEATHCOTE, j r 

His Excell ordered the Clerke of the Council to inquire of M r Speaker if the house had any 
thing to offer to his Excell & the Council this forenoone. 

The Clerke of the Council brought answer that the Assembly were busy and had Some thing 
to offer this forenoone, which shall be sent up very shortly. 

Coll Henry Beeckman accompanyed with some others of the Assembly, brought up two Bills 
passed in the Assembly : the one intituled, A Bill granting to his Maty the sume of one thousand 
pounds, the one halfe thereof to be allowed to his Excell the Governour, and the other halfe to 
be distributed to the Officers and Soldiers lately come over for the ease of this Province, at his 
Excell discrecon ; which they pray his Maty to accept as an acknowledgement for the great 
favour in sending over the fforces to ease the Province of Detachments. 

The other Bill intituled, A Bill for raising Eight hundred pounds for the paying and mantaining 
of the Officers & Soldiers employed for the securing the ilronteers of this Province at Albany, 
from the first of May to the first of August next. 

Ordered, the sd two bills be read the first time. 

Cap 1 Brandt Schuyler accompanyed with some other members brought up three other bills 
to witt: A Bill for continuing the Act for Encouraging the Post Office three years longer aiter 
the expiracon of the said Act; A Bill for the Encouraging of Seamen. & A Bill for preventing 
deserters. 

The Bill granting a thousand pound being read, is laid aside till further consideracon. 

Ordered, the Bill for encouragement of Seamen be read y e first time. 

Ordered, the Bill to prevent desertion be read the first time. 

Ellis Duxbury with some other members brought up two other Bills intituled, A Bill to Enable 
the City and County of Xevvyorke to releive the Poor and defray their necessary and publick 
charge ; and A Bill to Enable the City & County of Albany to defray their necessary charge. 

Adjourned till 3 a clock afternoone. 



At A Council held at ffort William Henry, the 2 d of July, afternoone, 1695. 

PRESENT Ills Excell BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT,^ WILLIAM NICOLL, ~) 

NICH. BAYARD, C]? sars WiLL m PINHORNE, > Esqrs. 

WILLIAM SMITH, ? CALEB HEATHCOTE, ) 
CHID. BROOKE, j 

Ordered, the Bill granting a thousand pounds be read. Being read, it is ordered to be laid 
aside. 

Ordered, the Bill for raising Eight hundred pounds be read first second and third time. 

The Bill for raising ,300 being read three times, is assented unto by his Excell the Governour 
and Council. 

Ordered, the Bill against deserters be read a first & second time. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 3 d of July, 1695. 
PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEril. CORTLANDT,") ClIID. BROOKE, 

NICH. BAYARD, (p WILLIAM NICOLL, 

WILL SMITH, ^ WILL PIXHORNE, 

GAB. MONVIELLE, j CALEB HEATHCOTE,^ 

Ordered, the Bill for encouraging of Sailers, be read a first and second time. 

Ordered, a third reading. 

His Excell the Governour and Council do assent unto the Bill for encouragement of Sailers 
being three times read with this proviso : that it. continue in force for two years from & after 
publicacon. 



80 Journal of the Legislative Council of New York. 






Ordered, the Bill for Continuing Encouragement to the Post Ojficc be read the first second & 
third time. 

His Excell the Governour & Council do assent unto the Bill for cpntinueing encouragement to 
the Post Ojficc, being three times read. 

Ordered, the Bill to Enable the City & County of Albany to defray their necessary charge be 
read a first second and third time. 

His Excell the Governour & Council do assent unto the Bill to Enable the City & County of 
Albany &c, being three times read. 

Ordered, the Bill to Enable the City & County of Newyorke &c. be read a first second and 
third time. 

His Excell the Governour and Council do assent unto the Bill to Enable the City & County 
of Newyorke, being three times read. 

Ordered, the Bill for preventing desertion be read a second and third time. 

His Excell the Governour and Council do assent unto the Bill for preventing desertion &c, 
being three times read, with the following amendments (to wit) 

That the title thereof be (A Bill to prevent the desertion of soldiers in pay within this 
Province.) 

That the preamble be left out and the Bill beginn (Be it Enacted &c 

That in page first, line 6 & 7 (as aforesaid) be left out 

That in pnge first, line 8 (without leave first obteind from his propper officer) be left out. 

That in page first, line 20 lh (without leave obteind as aforesaid) be left out. 

That in the second page, line 4 th (said) be left out 

And that the year of the reign when the Act of Parliament menconed in the sd bill was 
made be inserted. 

Ordered, William Pinhorne E ; qr and Coll Caleb Ileathcote do cary down to the Assembly 
the Bill for preventing desertion, and the Bill for encouraging of Seamen, with the amendments 
annexed, and desire the Assembly consent to the amendments. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 4" of July, 1G95. 
PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEP!!. CORTLANDT, ~\ WlLLIAM NlCOLL, ) 

WILLIAM SMITH, ^ ,, WILLIAM PINHORNE, V Esqrs. 

GABRIEL MONVIELLE, r CALEB HEATHCOTE, ) 

CHID. BROOKE, ) 

His Excell did Enact the five Bills which did passe the Council and Assembly. 

His Excell did order the reading of an Addresse from the Assembly, wherein they desire an 
addition of twenty pounds ty annum to the sallary of the Printer. 

His Excell ordered the Cl of the Council to acquaint M r Speaker, that he Requires M r 
Speaker and the whole house to attend him forthwith in Council. 

The Speaker and the house being present, 

His Excell did acquaint them that he had Enacted five Bills which came from their house. 
As for the bill to prevent desertion, since they would not agree to the amendments, it is no 
matter of moment whether it passe or not ; and for the other Bill whereby they design a 
complement of five hundred pounds to his Excell, His Excell gave them thanks and told them, 
as he had heitherto taken care of the Government, so he would continue and wished as much as 
all of them can, its welfare and prosperity ; but that as that Bill was framed, he doth reject it; 
then told them that he was glad to see they had done their businesse quietly without noise 
& much expense of time, and hopul they would prove a healing Assembly. The harvest is 
coming on and those that have that to attend, must need desire respite ; therefore did adjourn 
the Assembly to the first of October next. 

His Excell did acquaint M r Speaker that he might appoint a Committe of such of the 
Assembly who can most conveniently attend that service to inspect the public accounts in 
the time of this adjournment, that they may be able to make report at the opening of next 
Sessions. 

His Excell then, attended with the Council & Assembly, was conducted by the Mayor & 
Aldermen to the City hall, where the Acts were read publickly. 

The Assembly do returne their thanks to His Excell for his favourable expressions and his 
promise to take care of the Government. 



1695.] Benjamin Fletcher, Governour. 81 

THE FIFTH ASSEMBLY SECOND SESSIONS. 
At A Council held at ffort William Henry, the first Jay of Octo r , 1695. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, } CHID. BROOKE, "\ 

STEPH. CoRTLANDT.f WILL"" NICOLL, VE SQrs 

NICH. BAYARD, ? JOHN LAURENCE, Q 

GABR. MONVIELLE, j CALEB HEATHCOTE, J 

M r Reade and M r Abeel from the house of Representatives, waite upon his Excell in Council 
to acquaint him that, because many of the Representatives are not yet come to Town, the 
Speaker hath adjourned till morrow morning. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 2 d day of Octo r , 1695. 

PRESENT His Excdl BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, } GAB. MONVIELLE, "} 

NICH. BAYARD, > Esqrs. CHID. BROOKE, f v 

WILLIAM SMITH, ) WILL NICOLL, / J 

WlLL ra PlNHORNE,J 

Maj r Wessells and others by appointment of the Assembly, came to acquaint his Excell that 
there is a full house and that they are ready to receive what his Excell will offer for his Maties 
service. 

Ills Excell ordered the Clerke of the Council to call up the Speaker & the whole house 
being present His Excell rose up and said, 

M r Speaker and You Gentlemen t/ic Representatives of this Province, 

I am glad to finde you mett together so exactly to yo r time, and hope vou are come with 
good hearts and inclinations to serve his Majesty in secureing the Province, which is yo r own 
interest and what I heartily wish for and shall always endeavour. 

The first thing I recommend to your care is the security of the fronteers, which to me seems 
to ly under some hazard, the Garrisons weaker than ever, the revenue is very much indebted, 
the taxes in arreares, our charges daily grow, Our neighbours value themselves upon their Agents 
in England and deny any assistance, and his Maties gracious commands in favour of this 
Province and for the safety of His whole Territoryes upon this Maine wholly defeated ; the 
Agents of the neighbouring Colonies misrepresent things and are driving at their private 
interests, by which means our burthen continues, and now the enemy have gott into a nest; a 
regular ffort of stone and lime at Cadaracqui which without all doubt will prove of dangerous 
consequence to us all, if means cannot be found to drive them out. 

It will therefore be needfull an Agent or Agents be sent home from the Government, to 
represent our case and circumstances. I have not been wanting in my duty in repeated 
endeavours by writeing in behalfe of the Province, nor have they proved unsuccessful! with 
his Matys, but a paper may be forgott, is laid aside and cannot answer the suggestions & false 
glosses that may be put upon things by the Agents of our neighbours. 

It is true, Gentlemen, this Province has been under heavy duty and taxes and is much wasted 
thereby. You have paid great taxes and the people done hard duty upon the fronteers. 
Twas all ordered by yo r selves and must redound to your praise. Our neighbours ow their 
safety & preservacon to it. We are next the enemy & a barrier to them who are under none of 
these dutyes nor burdens. We are at a great disadvantage with them in matter of trade 
likewise. We have laid severall dutyes upon goods and merchandize at importation & 
exportation, with an excise for a revenue to support the Government; their ports are free and 
open to all. They not only deny assistance to us, but cover and protect those of the forces his 
Maty has graciously sent over lately when they desert. We shall be reduced to our former 
and greater difficultys, if these things be not remedyed, it is plain to us. Our neighbouring 
Colonies have both gott our trade & people ; mankind go where they can be most easy, but 
these things are not so well known at home and there are many other weighty affairs in hand. 
Tins comes upon me at once and I am in my letters for England. I shall not trouble you with 
more at present but that you consider of a living witnesse to appoint an Agent or two from 

11 



82 Journal of the Legislative Council of New York. [ ^ tS: 

you the Council and myselfe, that our case may be truly stated & fairly represented to the 
King. When I shall think of anything else I shall finde a way to communicate it to you. So 
you may withdraw to your house & God Almighty direct you. 
Adjourned till morrow moruing 



At A Council held at ffort William Henry, the 3 d day of October, 1695. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, ^ WILLIAM NICOLL, ~) 

WILL SMITH, > Esqrs. JOHN LAURENCE, > Esqrs. 

CHID. BROOKE, ) CALEB HEATHCOTE, ) 

Ordered, the message from the Assembly desiring to know what supply will be needfull for 
the fronteers this ensueing winter be read. 

Ordered, Chidley Brooke Esq, William Nicoll Esqr & Coll Caleb Ileathcote be a Committe 
to draw up an answer and state the acco of the charge. 

Adjourned till the fifth of Octo r , 1695. 



At A Council held at his Maties ffort in Newyorke, the b h of Octo r , 1G95. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, } CHID. BROOKE, ) ^ 

NICH. BAYARD, > Esqrs. WILL PINHORNE, ) S 1 rs 

WILL SMITH, ) 

His Excell having taken to consideracon the message of the Assembly whereby they desire to 
Know what will be needfull for the security of the fFronteers the ensueing winter, with advice & 
consent of the Council doth recommend to them to provide for the pay of Maj r Schuylers 
Company and a fund or supply for the encouragement of the other companys, that their number 
may be kept up to prevent detachments. 

Adjourned till the Sixteenth day of Octo r . 



At A Council held at ffort William Henry, the 16" day of Octo r , 1695. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

NICH. BAYARD, } WILLIAM PINHORNE, } 

GABR. MONVIELLE, > Esqrs. JOHN LAURENCE, > Esqrs. 

WILL. NICOLL, ) CALEB HEATHCOTE, ) 

Three Bills agreed upon in Assembly were presented to this board for the assent of his Excell 
the Governo & Council, 

Ordered, a Bill against profanation of the Lords day be read a first time. 

Ordered, a Bill for regulating Attorneys at Law be read a first time. 

Ordered, a Bill for a supply of 500< for encouragement of the company of granadeers &c be 
read a first time. 

Ordered, the Bill against profanation of the Lord s day be read a second & third time. 

Ordered, the Bill for regulating Attorneys at Law be read a second & third time. 

His Excell the Governour and Council do assent to the Bill against profanacon of the Lords 
dav &c being three times read with the following amendments viz , that there be added 
[Provided that this Law shall no wayes extend to any native or ffree Indian within this Province 
not professing the Christian Religion] the interlineation (or to do any other act of necessity 
to come in after travell on the Lords day. 

His Excell the Governour & Council do assent to the Bill for regulating Attorneys at Law, 
being three times read. 

It is the opinion of the Board that a conference is needfull upon the Bill for raising ,500 for 
the encouragem &c. 

Ordered, Coll Nich Bayard, William Pinhorne Esqr and Coll Caleb Heathcote be a Committe 
of the Council to conferr with a Committe of the Assembly thereunto appointed, upon the bill 
for raising the supply of .500. at four a clock this afternoone. 



1G95.J Benjamin Fletcher, Governour. 83 

And that John Laurence Esqr do acquaint the house thereof and desire a Committe of the 
Assembly to be appointed accordingly. 
Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 17 * day of October, 1695. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ^ WILLIAM PINHORNE, 

NICH. BAYARD, > Esqrs. CALEB HEATHCOTE. 

GAB. MONVIELLE, ) 

Ordered, a second & third reading of the Bill for a supply of 500. 

The Committe appointed to conferr upon the Bill for raising a supply of .500 did report 
They had endeavoured to sett forth the reasons why His Excell cannot passe the Bill and 
convince them that his Excell cannot divest himselfe of the power of detaching men, if there 
be occasion. 

And that they finde by the Members of Assembly that the house intends the five hundred 
pounds only for raising of men to fill up the Companys, and not as any encouragement to those 
now in the service. 

His Excell the Governour & Council do assent unto the Bill granting a supply of <500, being 
three times read with the following amendments That this be a preamble: The house of 
Representatives for his Matyes Province of New Yorke being very sensible of his Maties great 
grace & favour in sending forces over from England for their safety and defence, do pray that it 
may be enacted, and be it enacted, &c, and that there be inserted in 2d line 2d page, instead 
of to prevent detachments and to finde them such necessaryes that they may be able to subsist 
and towards easing the Inhabitants of the Province from detachments for this ensueing winter 
service. 

Ordered, William Pinhorne Esqr & Coll Caleb Henthcote do cary down the Bill granting a 
sl) PP y f -500 &c, & the Bill ag st Profanacon of the Lords day, with the amendments made 
in Councill and desire the consent of the Assembly. 

Two Bills agreed unto in Assembly were presented to this board for the assent of his Excell 
& Council. 

Ordered, the Bill for raising 1000 be read a first, second & third time. 

His Excell the Governour & Council do assent unto the Bill for raising one thousand pounds 
for Agency &c. being three times read. 

Ord red, the Bill for raising SG4. 15 be read a first, second and third time. 

His Excell the Governour & Council do assent unto the Bill for raising 864. 15 , being three 
times read with the following amendments viz 1 that in the title, throughout the bill & 
Establishment annexed, instead of Muj r Schuyler s Company, be inserted : A Company of fusileers 
imployed on the fronteers at present under the Command of Maj r Schuyler. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry the 18 * day of October, 1695. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT,X WILL"" NICOLL, } 

NICH. BAYARD, / v WILL PINHORNE, ( v 

GAB. MONVIELE, ( J JOHN LAURENCE, f* 

CHID. BROOKE, } CALEB HEATHCOTE,} 

His Excell having received a message yesterday evening from the Assembly, it was read and 
in answer thereunto, 

Ordered, William Nicoll Esqr, Will Pinhorne Esqr & Coll Caleb Heathcote be a Committe 
of Council to conferr with a Committe of the Assembly upon the meaning of the amendments 
of the bill for raising 500 &c., in order to a plain and eleer understanding. 

Ordered, the Same Committe dd conferr upon the amendment to the Bill for raising S64 : 15 ; 
and that Will m Nicoll Esqr do desire the Assembly to impower their Committe to Conferr 
thereof likewise, and cary down the sd Bill and amendment. 

The Gentl of the Committe did returne and reported to his Excell that they have endeavoured 
to give the members of Assembly of their Committe full satisfaccon, but that they had litle 
hopes of its taking effect ; being fixed in an opinion that his Excell having passed that Bill, 
cannot afterwards detach, and that the money is wholly to be disposed of to such as shall be 



84 Journal of the Legislative Council of New York. [ ^ h ^,"; 

listed hereafter in sd companys, & that they beleive the Amendm 1 of the 864 : 15, Bill, will 
be agreed unto. 

M r lleade from the Assembly, brought up the Bill for raising a supply of 500 with an 
amendment viz 1 : th^t the money shall be imployed to such only as shall be listed in the sd 
Companys at the discrecon of the Governour & Council to prevent detachments, and desire the 
assent of his Excell & Council thereunto. 

His Excell desired the opinion of the Council if they can assent to that amendment? It is 
carryed in the negative for these reasons : That the money will not answer the end ; that the 
Granadeers left without encouragem , will desert and others will not be found to supply their 
room in this Countrey, & if others were to be found, if their pay or sustenance were encreased 
above what the rest have, it would tend to confusion & disorder ; and if the word, to prevent 
detachments, be in the Bill, the Comon people will always beleive they have bought off that 
duty and that his Excell is tyed up from the exercise of that part of his power which is soe 
necessary in this time of actuall warr. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 19" of Cctober, 1695. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ^ CHIDLET BROOKE, } 

NICH. BAYARD, > Esqrs. WILLIAM PINHOKNE, > Esqrs. 

GAB. MONVIELLE, ) JOHN LAURENCE, ) 

jp An Addresse from the Assembly delivered unto his Excellency last night, setting forth that 
they have appointed a Committe for the drawing up an Addresse to his Matye setting forth the 
true Representation of the state of this Province and desiring a Committe of the Council may 
be appointed to joyne with them, was read. 

Ordered, Coll Nicholas Bayard, Will" 1 Nicoll Esqr, Chidley Brooke Esqr, William Pinhorne 
Esqr, and Coll Caleb Heathcote be a Committe of this board, or any three of them, to joyne in 
the drawing up this addresse. 

Ordered, John Laurence Esqr cary down the names of the Committe & deliver it to the 
Assembly. 

Adjourned to the 22 th October 1695. 



At A Council held at ffort William Henry, the 22 th of Octo r , 1695. 

PRESENT His Excell BEN FFLETCHER, &c , 

FFRED. PHILIPS, } GAB. MONVIELLE, ^ 

STEPH. CORTLANDT, > Esqrs. WILL NICOLL, > Esqrs. 

NICH. BAYARD, ) WILL" PINHORNE, ) 

His Excell did ask the opinion of the Council if he Shall passe the Bills agreed to in Council 
& Assembly, and afterwards recommend to them the care of the fronteers to provide Supplys. 

The Council are unanimously of opinion it is expedient his Excell do passe the Bills agreed 
unto in Council & Assembly, and recommend to the Assembly the care of the fronteers. 

His Excell did signe & Enact the Bill for regulating Attorneys at Law; the Bill against 
Profanation of the Lords day ; the Bill granting .1000 for Agency, and the Bill for raising 
.804: 15 for Support of a Company of fusileers Commanded by Maj r Schuyler, to the first of 
May next. 

Ordered, The Cl of the Council do desire the Speaker & the whole house to attend his Excell 
the Governour in Council chamber forthwith. 

M r . Speaker and the whole house being present, His Excell said, 

M r Speaker fy you Gentl the Representatives of the Province, 

Four of the Bills you sent up are read and approved off in Council and are now Enacted. 

One is An Act for regulating Attorneys at Law ; a thing I do but litle understand as I never 
had a Law suite, So I hope I never shall. 

Another is against the profanation of the- Lords day ; a very good act. I wish it prove 
effectuall and that we may all learn so to lead our lives as to make every day a Sabbath. 

Another is the Act for the thousand pound for Agency. I doubt not but you will finde it 
well bestowed and prove very beneficiall to the Province, when their is a fair & true 
Representation made to his Majesty of Our Circumstances. It is too hard for this Province to 



1695.] Benjamin Fletcher, Governour. 85 

have the whole charge of the vvarr upon us, when it is a generall defence to the rest. I dont 
question but the King will alleviate our burden. 

Another Act is for raising a supply to pay and mantain fifty men at Albany till May next; 
which are a part of your quota. You have all heard there are quotas appointed by his Matye 
from New England, Connecticut^ Virginia, Maryland &c. Our quota is two hundred. 1 have 
shown M r Speaker that list which I had from Whitehall ; he can informe you this Province is 
to furnish two hundred men. The King has sent his Commands to the Severall Governours to 
give their assistance upon my applicacon, which I have made ; but I have no Great Seal for the 
commanding of those quotas from Virginia, Maryland and the rest as I have to command this 
Province. I am Yo r Captain Generall. I have never asserted that power but with an eye to 
the ease and Safety of the Province ; and altho we may reasonably expect some releife from the 
hardships we ly under in a short time, yet I am not to suffer the Province to ly exposed. Some 
of you here can very well give account that Albany and the fronteers were never worse provided 
than this winter, and that many of the Soldiers have run away, others dyed or killd in their 
passage coming over. 

Here, is another Bill which you sent up giving a supply of five hundred pounds for levy money. 
As you intend this, it is to throw away so much of the Countreys money ; it dos not answer 
the end, I can never consent to such a fraud ; it will be so fair from any encouragement to the 
Companyes sent over for your defence, that it will prove their great discouragem . When 
the money, as you would order it, is given to such as will list themselves we shall have none 
but such as will runn so soon as their levy money is spent, & perhaps sooner; for no man will 
tary to starve when he knows he is never to receive a farthing pay, but on the contrary must 
run in debt. I have often told you that they have but S d this Countrey money by the Kings 
Establishment, and that two pence sterling is stopt for their cloaths, which are now worne out 
in their way coming over, and many of them barefoot and bareleggs. The cold winter season 
is coming on, and we have to do with a cunning & vigilant Enemy. I must not leave the 
fronteers exposed. It is hard if you will not leave me to be judge of the affairs of warr, and 
what is necessary. I darr to pretend to more experience that way than any of you, or all 
together. The security of the fronteers was the Cheife thing you were called together for, and 
therefore I recommend it to you. 

I shall be satisfyed you take what methods you please to order Yo r Supplyes, provided they 
are secured, that I may never touch a penny of your money with my finger, as I never have 
heitherlo done. 

Gentl. returne to your house and consider of this matter in calmnesse and evennesse of temper. 
I have no end but the Safety and ease of the Province. I pray God direct you. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 23 * ddy of October, 1695. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

STEPH. CORTLAXDT, ) ^ WILL"" NICOLL, ) ,-, 

KICK. BAYARD, J WILL PINIIORNE, $ ^ sc l rs 

A Message sent to his Excell yesterday evening was read, and in answer thereunto It is 
Ordered" Coll Steph Cortlandt, Coll Nicholas Bayard, AVilliam Nicoll Esqr & William 

Pinhorne Esqr be a Committe of the Council to meet the Committe of the Assembly for the 

further explanation of his Excells meaning concerning the quota. 
Adjourned till morrow morning 



At A Council held at ffort William Henry, the 24" 1 day of October, 1695. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

FKRED. PHILIPS, ^ WILLIAM PINHORNE, > TV _ 

GAB. MONVIELLE, > Esqrs. CALEB HEATHCOTE, 5 

THOMAS WILLET, ) 

The Report of the Committe was that the Committe of Assembly desired to know if his 
Excell did intend to have the Companys come from England made full, and the quota of two 
hundred men from this Province. And that it was answered that if the Assembly will raise a 
reasonable supply to the end his Excell be enabled thereby to keep the Granadeers now in the 
Companys appointed by his Maty, and to encourage others to corne and list themselves, his 
Excell can depend upon them for a reasonable guard to the fronteers & not insist upon the 



86 Journal of the Legislative Council of New York. [ 



!j d h 



quota. Otherwise it cannot be expected but the Granadeers will run in a years time and are 
not to be depended upon. This obleiges his Excell to insist upon the quota; with which 
answer they seemed better contented. 

His Excell sent the Clerke of the Council to know if the Assembly had any thing to offer 
this forenoone ; who brought answer, that they were preparing a Bill which would shortly be 
brought up to his Excel & Council for their assent. 

Coll Beeckman & others Delivered a Bill from the Assembly intituled, A Bill for the raising 
seven hundred pounds to Enable his Excell to keep the men that are now in the Companys 
appointed by his Maty and to encourage others to list themselves 

Ordered, the Bill for the raising ,700 &c be read a first, second & third time. 

His Excell the Govern 1 " & Council do assent unto the Bill for raising =700 &c, being three 
times read. 

Another Bill was delivered in intituled, A Bill for continueing An Act for Establishing Courts 
of Judicature two years longer. 

Ordered, the Bill for continueing An Act for Establishing Courts of Judicature &c be read a 
first, second and third time. 

His Excell the Governour & Council do assent unto the Bill for continueing An Act for 
Establishing Courts of Judicature &c being three times read. 

His Excell sent the Cl of the Council to know if they had any thing further to offer ; who 
brought answer, they had none. His Excell signed the two last Bills. 

Adjourned till afternoone. 

Postmeridiem ejusdem diei. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

FFRED. PHILLIPS, } THOMAS WILLETT, } 

GAH. MONVIELLE, ^pi WILLIAM PINIIORNE, >Esqrs. 

CIIIDLEY BROOKE, ? CALEB HEATHCOTE, ) 

\VlLL m iNlCOLL, J 

His Excell ordered the Cl of the Council to call M r Speaker & the whole house to attend his 
Excell in Council Chamber. 

M r Speaker and the whole house being present, His Excell said : 

Mf Speaker and you Gentl the Representatives of this Province. 

I sent the Cl of the Council to you to know if you had anything else to offer ; he brought 
me yo r answer you had none. I have passed the two bills you last sent me ; one of them is, 
for continueing a former Act for Courts of Judicature with an addition which I do not like ; 
it being a thing unpresidented for the County Justices to have the power of trying title of land, 
where the construction of deeds & writeings is necessary, and requires more skill in the Law 
than any of them can pretend to. In England those controversys are tryed by nisi prius, 
before Judges learned in the Law ; however it is temporary and by the advice of the Council I 
have past it. 

The other is the Bill for .700 for an encouragement to keep up the Companyes till the first 
of May next. I shall take that care in the disposition thereof that there shall not be one 
farthing perverted to any other use, to def eate so good a designe as you propose to yo r selves. 

Gentl 1 You sent me word you had nothing to offer, and were willing to have a recesse. There 
is one thing I have to offer to you before we part, and that is ; that you inquire into the 
greivances and abuses in your several! Countyes ; what oppressions ; what maleadministracon 
or abuses are committed by any ministers or officers of the Government, that care may be taken 
to redresse them. You are or ought to be men of good interest in yo r Countyes, and if you finde 
any complaints of tyranny or arbitrary power, that are false & groundlesse, it is your businesse to 
suppresse those murmuriiigs by yo r better informacon. If otherwise, you ought to represent 
them in Assembly. One of the first things appointed in a house of Commons is a Committe for 
greivances. If you finde abuses in inferiour Officers, then you are to apply to the Governour & 
Council, who are ready to give satisfaccon in removeall of them ; if it be of the Superiours as 
the Governour or Council, then you have the liberty of applying to the King. I am but a 
transient person amongst you, and am willing to answer for anything that I have done. You have 
now your Agent goeing home. I am very willing you make what applicacon you please. The 
Council have been witnesses to all my accons and they are the men of greatest interest in the 
Couutrey. But if there be nothing but an evill spirit of murmuring, backbiting and slander, 
without any other cause or reason than the perverse humour of disaffected persons and 
unreasonable men, it is your businesse to inform e them better of their duty to their Superiours 
& towards one another, that the Government may be happy & harmonious, and a good affection 
& cheerful Inesse in doing those things which are for your ease & safety ; which I call God to 
witnesse has been my greatest study since I come amongst you. 



1695.] Benjamin Fletcher, Govemour. 87 

But, G-entl, since my resolution to have adjourn d you, I understand there is something yet 
left undone. I am not in haste so long as the service of the Government calls for me. I will 
give you time to consider what there is, which you may do this afternoon or against to morrow 
morning. I shall be ready to hear you so you may returne to yo r house & consider of it. I pray 
God direct you. 

Adjourned till morrow morning. 



At A Council held at ffort William Henry, the 25 day of Octo r , 1695. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

PFRED. PHILLIPS, ^ WILL PINHORNE, ) p, 

Kicn. BAYARD, > Esqrs. CALEB HEATHCOTE, > 

WILL NICOLL, ) 

The drafts of An Addresse to his Maty with Instruccons to the Agents for making a 
representation of the state of the Province which were sent for their perusal!, were delivered 
back, with an order of the house that the Speaker do sign them. 

His Excell desired the opinion of the Council as to the time of adjournment. The Council 
gave their opinion to adjourne to the 2-5 lh of March next. 

His Excell ordered the Cl of the Council to desire M r Speaker & the whole house to attend 
him forthwith in Council Chamber. 

The Speaker and the whole house being present, told them that he beleived they were now 
desirous of recede ; recommended to them again to study the paace & tranquillity of the 
Governm ; to inquire into greivances & if they found any to see them redressed the next 



meeting. 



Then adjourned the Generall Assembly to the 25 th of March next ensueing. 



At A Council held at fort William Henry, the 30 A of Octo r , 1695. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

NICH. BAYARD, ^ WILLIAM NICOLL, } 

GAB. MONVIELLE, > Esqrs. WILLIAM PINHORNE, > Esqrs. 

CHID. BROOKE, ) CALEB HEATHCOTE, ) 

His Excell the Govern 1 " & the members of Council present did signe the following Addresse 
& Instruccons and the Speaker by order of the house of Representatives signed the same. 

Ordered, the Clerk of the Council do cary the Address & Instruccons to the Members of 
Council that are not present & gett their hands to it. 

THE ADDRESSE. 
To the KING S Most Excellent MAJESTY. 

The humble Addresse of yo r Maties Captaine Gen" & Govemour the Council and 
Assembly of yo r Maties Province of Ncwijorkc in America. 

Wee yo r Maties most faithfull and obedient Subjects truely affectionate to your Interest and 
prosperity and in the highest degree bound by yo r Maties grace and favour, with thankfull 
hearts acknowledge the happinesse we enjoy by the blessing of yo r Government. 

Yo r Royall care and bounty to this Colony dos encourage, and its present condition presses 
us, to offer to yo r Sacred Maties consideracon the state of this part of yo r Maties Empire, by 
persons ordered from home to attend yo r Maties pleasure, humbly begging the continuance of 
yo r goodnesse to this your Province and earnestly praying Almighty God to give your Majesty 
long life a victorious & happy reigne. 

N Yorke, Novem r 2 d 1G95 BEN FFLEICHER. 

fired Philips G. Monvielle Will Pinhorne 

Steph Cortlandt Chid Brooke John Laurence 

N. Bayard William Nicoll Caleb Heathcote 

By order of the house of Representatives JAMES GRAHAM, Speaker. 



88 Journal of the Legislative Council of New York. [ ^ l^,: 

THE INSTRUCCONS. 

Instruccons for the Agents appointed by his Excell (lie Govern r , the Council 
and Assembly of Newyorke to represent the state of the Province to His 

Majesty. 

You are forthwith to repair to Court and deliver the publick papers sent by you. You are 
upon all occasions to expresse the true affeccon of his Excell the Govern r and Council and 
Assembly of this Province to his Matys Government, vviih their gratefull acknowledgement of 
the many particular favours bestowed upon the Province. 

You are to represent the different manner and forms of Government in the neighbouring 
Colonies and Provinces and the situation of this with relation to Canida and the Indians of the 
five Nations. 

The state and condicon of our Garrisons upon the fronteers, particularly that of Albany, 
where the Indians always have had an amicable reception. 

The diligence of the ffrench of Canida and endeavours to extend their settlements to the 
southward of the Great Lake, upon the back parts of all his Maties Territorys on this Maine of 
America. 

The incursions made by the ffrench upon this Province and particularly since the warr. 

The Great charge and duty the Inhabitants have undergone to preserve the Countrey from 
their encroachments as also the diligence of Our Indians, whose numbers are much decreased by 
the warr against Canida. 

How detaching of the Inhabitants of this Province to the fronteers hath been a meane to 
drive our people, especially the youth, into the neighbouring Governments of Pensilvania & 
Connecticut, and many whole familys have removed at certaine times together. 

That the Governour of Canida, by all intelligence we can have, has constantly five hundred 
men in GarrKson at Mount Real!, the next considerable Garrison to Albany. 

How this Province by the course of the rivers becomes a barrier to all the rest against Canida. 

How litle assistance has been given by our neighbours. 

How his Maties gracious Royal! Commands for assistance from our neighbours are defeated 
or evaded and a necessity laid upon us to bear the burden. 

How the ffrench have endeavoured by force & fraud to draw over the Indians of the five 
Nations to their side in order to turne them upon his Maties Plantations; none of which is so 
well provided against an Indian warr as this, although most of them have farr greater number 
of people. 

That the ffrench have lately resetled Cadaracqui and how difficult it is to repell them by 
Christian force. 

The necessity of supporting our Indians with arms ammunicon & cloathing &c, & the Great 
charge thereof. 

And in all things, you are to study the good of the Province ; to take all propper means to 
effect, and generally to move upon any other matter tending thereunto according to your 
discretion 

Novcm r 2 A 1695. BEN FFLETCHER. 

fredryck flypse. Gab Monvielle John Laurence 

S. V. Cortlandt William Pinhorne Caleb Heathcote 

N. Bayard 

By order of the house of Representatives, JAMES GRAHAM, Speaker. 



THE FIFTH ASSEMBLY THIRD SESSIONS. 

At A Cmmcil held at his Matyes ffort in Newyorke the 2Q h of March, 1G96. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ~) THOMAS WILLET, ) 

STEPH. CORTLANDT, > Esqrs. WILLIAM PINHORNE, Esqrs. 

GAB. MONVIELLE, ) CALEIJ HEATHCOTE, ) 

The Representatives not being come from Albany & Vlster, the river being shutt up, his 
Excell did adjourn till the 7 th of Aprill. 



1696.] Benjamin Fletcher, Governour. 89 

At A Council held at his Matyes ffort in Newyorke, the l h of Apr ill, 1696. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

FFRED PHILIPS, } WILLIAM SMITH, ^ 

STEPH. CORTLANDT, > Esqrs. WILLIAM PINHORNE, > Esqrs. 

NICII. BAYARD, ) JOHN LAURENCE, ) 

His Excell ordered the Cl of the Council to call up the Speaker & Representatives, who being 
present, his Excell said : 

M 1 Speaker and you Gentl Representatives, 

The great favours and kindnesses we have received from our most gracious King, calls for the 
outmost extent of O r obedience and gratitude. 

His Matye by latesupplyes of men, artillary and other stores of warr, with the Royall commands 
for assistance from the neighbouring Governments, (if a due compliance be made) has enabled us 
to withstand and oppose all our enemyes and to live in a liapny security. Nothing but our sins 
can render his Matyes care ineffectuall. The blessings of Almighty God will go along with our 
endeavours if we first assert our duty to him and pay a due deference to our Prince. Obedience 
to Government is a part of religion. 

The King neither Commands nor desires anything of us but what may contribute to our own 
felicity ; and this will be easily accomplished by a propper use of all those helps he has graciously 
condescended to give us. 

It must be considered that all utensills of warr are but tools and of noe use without hands to 
imploy them. 

The King has sent us men to worke with those tools for our ease and safety ; but men wear 
out ; they dye ; they desert ; are often sick and weak. Armyes and Battalions must be kept up 
by constant recruits, else they crumble to nothing. 

The forces late sent over are much weakened since their arriveall and will be more soe unlesse 
some propper encouragement be thought of for them, as in the like case practiced in the Leeward 
Islands. The rate of Labourers runns so high in this Countrey, that most necessitous men 
rather choose to earn their bread with the spade, than the sword. 

We shall want both men and money to render his Mnjestyes gracious assistance answerable to 
his Royall intentions. 

It ought ever to be acknowledged with an humble sense on our parts, that notwithstanding 
his Majestyes present pressures, the great and bloody warr he is engaged in, the daily hazards 
he exposes his sacred person to, yet he remembers this litle handful! of his people. 

Let us not forget what we ow to such a King ; to such Royall Bounty. Let us not forget 
our selves, but wisely consider our own safety by strengthening our ffronteers, which I cheifly 
propose to you, as the best returne we can make ; the most acceptable service we can do, to our 
King and to our countrey. 

Ills Majesty has by his Royall Letter recommended to us the building a Chappell in this ffort ; 
a former Assembly took some notice of it ; I hope you will not be wanting on your parts to 
forward & finish it. 

I have directed Coll Cortlandt & Coll Heathcote to lay before you a clear account both of 
the revenue and taxes which will give you satisfaccon. You le finde the Government in debt ; 
and Consider that such Gentl as have advanced money upon the credit of it, may not suffer for 
their zeal for the publick weall, being the money thus lent has been when alarms or other exigents 
have called for an immediate care, wherein our comon safety seemed concern d, and at such seasons 
when we could not timely meet in Assembly. I will not doubt of yo r care in a matter of such 
moment. You will all concurr to keep up the credit of the Government which in some measure 
is the safety of it. 

The money granted last sessions is in great part left to my dispose (it is not yet paid). I desire 
for my own ease and your satisfaccon that a Committe of yo r house may conferr with a Committe 
of the Council on this matter ; that the money be applyed to the publiek good. I would have it 
obvious to you and all men that it is not converted to any by or private end, nor do I desire one 
penny of it should be paid unto me, nor to be any further concerned than to signe warrants for 
the payment of it to such uses as you shall advise. 

Gentl. I wish you a good agreement and understanding amongst yourselves that his Matyes 
favours be not lost upon us, but that the safety honour and prosperity of this Province may be 
timely considered, as by his Majesty in the repeated succours he has been graciously pleased to 
send us, so on our parts by an humble acknowledgement for them and a propper applicacon of 
them. 

The Representatives being returnd to their house, The Gentl of the Council acknowledged 
great satisfaccon in his Excell care & proposalls to the Assembly and did returne thanks to his 
Excell for his favourable speech. 

12 



90 Journal of the Legislative Council of New York. [ 

Maj r Wessells and Cap Dekey from the Assembly desire a copy of his Excells speech, which 
was granted. 

Adjourned to the 9 tb of Aprill. 



At A Council heldat his Malyes ffort in Newyorke, the 9 * of Aprill, 1696. Postmeridie. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ~) THOMAS WILLETT, 



STEPH. CORTLANDT, (^ WILL PINHORNE, vr> 

NICH. BAYARD, ^ Sf l rs PETER SCHUYLER, r^ S( l rs - 

WILL SMITH, ) CALEB HEATHCOTE, j 

A Message from the Assembly was read, desiring a Committe of the Council may be appointed 
to conferr with a Committe of their house concerning strengthening the fronteers at Albany. 

Ordered, Coll Steph Cortiandt, Coll Nich Bayard, Coll William Smith, William Pinhorne 
Esqr & Coll Caleb Heathcote be a Committe of the Councill to conferr with the Committe of 
the Assembly accordingly. 

Adjourned to the 16 lh of Aprill. 



At A Council held at his Mat yes ffort in Newyorke, the 16" day of Aprill, 1696. 



PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ^ WILL PINHORNE, } 

STEPH. CORTLANDT, > Esqrs. PETER SCHUYLER, > Esqrs. 

WILLIAM SMITH, ) CALEB HEATHCOTE, ) 



The peticon of Patience Lloyd, widdow of Thomas Lloyd deed, David Lloyd, Isaac Norris 
John Godfrey and Elizabeth Lloyd, was read, praying His Excellency the Governour, the 
Council and Assembly to have a certaine deed poll declaring uses of a parcel! of Land without 
the Gate of the City of Newyorke, purchased from Cap Will Dyer, cutt off & made void bv 
Act of Gen" Assembly, & to Enable the Executors of Thomas Lloyd deed, to sell the same for 
payment of debts. 

The Council are unanimously of opinion the same ought to be granted. 

Ordered, A Bill Enabling the Executors of Thomas Lloyd &c. be read a first, second and 
third time. 

His Excell the Govern 1 " & Council do assent unto the Bill Enabling the Executors of Thomas 
Lloyd &c, being three times read. 

Ordered, it be recommended to the Assembly to consider of a Bill for payment of Maj r 
Schuylers Company, from the first of March to the first of May 1G9G, & that ffred. Philips Esqr 
deliver this recommendacon. 

Ordered, a Bill for raising ,2593. 6. 8. be read a first time. 

Adjourned till afternoon. 



At A Council held at his Malyes ffort in Newyorke, the 1 6 th of Aprill, 1696. Afternoone. 

PRESENT His Excellency BENJAMIN FFLETCHER, &c., 

STEPH. CORTLANDT, ^ WILL PINHORNE, } 

NICH. BAYARD, > Esqrs. PETER SCHUYLER, > Esqrs. 

GAB. MONVIELLE, ) CALEB HEATHCOTE, > 

Ordered, Coll Steph Cortiandt, Coll Nich Bayard, Coll Will Smith, William Pinhorne Esqr 
& Coll Caleb Heathcote be a Committe to conferr with a Committe of the Assembly concerning 
these words in the Bill for raising ,2593. 6. S d . viz : to firee the Inhabitants of the Province 
from detachments except in case of invasion or rebellion for and during the space of one year 
from the first of May 1096 to the first of May 1697 ; and that Coll Monvielle cary the message 
and desire the Assembly to appoint a Committe accordingly. 

The Bill to Enable the Executors of Thomas Lloyd &c is Enacted by his Excell the 
Governour. 

Adjourned till morrow morning. 



1G96.] Benjamin Fletcher, Governour. 91 

At A Council held at his Matyes ffort in Newyorke, the 17 A of Apritt, 1696. 

PRESENT His Exccll BENJAMIN FFLETCIIER, &c., 

STEPH. CORTLANDT, } WILLIAM PINHORNE, 

NICH. BATARD, > Esqrs. CALEB HEATHCOTE, 

WILL" SMITH, ; 

A Message from the Assembly was read signifying that the house do assent unto an amendment 
proposed by the Committe of the Council yesterday viz 1 : that, instead of invasion and rebellion, 
be inserted : inevitable necessity. 

His Excell did offer his opinion not to passe the sd Bill for raising of ,2593. G. 8. with these 
words in it, being intended as a limitacoti of his power granted him by his Matye. 

Whereupon the Council do advise his Excell, that they have conferred with the Committe of 
the Assembly at sundry times and understand, they will give no supplys for security of the 
fronteers but upon expectacon of being eased from detachments, & that something be put in 
the Bill to that purpose to please the people That there is an absolute necessity for getting 
supplys for the fronteers, And forasmuch as his Excell is judge of the inevitable necessity to 
detach, do therefore advise his Excell to passe the Bill as they have agreed to amend it. 

The Bill for raising ,2593. 6. S. being read a second time, and it being observed there is 
present occasion of money to levy recruites for the fronteers & for encouragement of those 
nl ready there, the backwardnesse of the payment of the 700j raised by the Assembly in Octo r 
last, whereof very little as yet paid to the Rec r Gen" and that the first payment of the 2593. 6. 
8 is to [be] made the 27 lh of September next, by direction of the Act, and no provision made 
in the Bill for an immediate supply to answer the intended purposes of the Act. 

It is therefore Ordered, the Gentl of the last Committe be a Committe to Conferr with a 
Committe of the Assembly, to be thereunto appointed, upon some method to provide a present 
fcupply to answer the present charges of raising recruits. 

Adjourned till morrow morning. 



At A Cduncil held at his Matyes ffort in Newyorke, the 18 * of Apritt, 1696. 

PRESENT His Excell BENJAMIN FFLETCHER, &c., 

STEPH. CORTLANDT, ~\ WILLIAM PINHORNE, ^ 

NICH. BAYARD, f j^ PETER SCHUYLER, > Esqrs 

GAB. MONVIELLE, { CALEB HEATHCOTE, > 
WILL SMITH, j 

His Excell did expresse that the more he considered the Bill for raising the 2593. 6. 8, the 
greater aversion he hath to passe it ; That he never had had any difference with the Council 
since their Matyes did conferr this trust upon him, and hoped there should never be any; and 
if it, be their opinion that he passe that Bill, he will consent to passe it, though against his own 
inclinacons, for which he did offer his reasons in writeing, And desired they will withdraw to a 
room by themselves and consider of them, and if they insist to advise his Excell to passe it, that 
then they will put their reasons likewise in writeing, that they remain upon record. 
% 

The REASONS offered by his Excell against passing the Bill. 

First. The Bill Hoes not answer the end ; there is no provision made for the expence of officers 
that must be imployed to the neighbouring Colonies in raising of the men, nor for the incidentall 
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 solvend and paid at the time appointed (which 
can never be expected), it cannot answer the sume of three pounds a man levy money, which 
must be instantly paid them in hand. 

Secondly. If these men cannot be levyed upon this encouragement, there is no provision made 
for the security of the Province j money without hands gives no defence, and though you may 
allow me to be Judge of the inevitable necessity, the Representatives plainly show they are not 
of this opinion, by remising to allow such a proviso to be put in the bill. 

Thirdly. By this Bill the power of detachments seems to be cutt off for a twelve month. The 
words inevitable necessity will need an explanacon, which the Assembly (as they have done 
in another case, will alwayes pretend to be judges of, by which means the people will be blown 
up to a flame and deny obedience to my commands, be the necessity never so great and 
inevitable. 

BEN FFLETCHER. 



92 Journal of the Legislative Council of New York. [& h IS: 

The EEASONS offered by the Council for the passing of the Bill. 

We are humbly of opinion with yo r 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 Assembly upon these heads, we do not finde any other better wayes or 
means can be at present obteind. And that although there is by the said Act no provision 
made for incidentall charges, that must certainly accrue in the imploying officers for the 
procuring levying and transporting such men as shall be so gott, yet in regard to this disposition 
of this money for this end is left to be imployed as yo r Excellency shall judge fitt, We are of 
opinion that such part thereof as may be needfull and can be presently raised, may be propperly 
applicable to the imploying officers for that end to the neighbouring Provinces. 

To the second. We are humbly of opinion that though in expresse words, in case the way of 
raising men by this Bill without detachments fail, there is no other certaine way proposed, yet we 
are humbly of opinion that if after all means used for levying these men without detachments they 
cannot be gott, it must then be understood there will then be an inevitable necessity for 
detaching men out of this Province, and that your Excell 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 yo r Excell, that by this Act yo r Excell 
power of detaching is not cutt off, but restrain d as in the foregoing article is explained, and 
such an explanacon will prevent all misinterpretacon on that head. 

For which reasons We are humbly of opinion, That it is agreeable to his Matyes service and 
for the ease and benefite of this Province that yo r Excellency do give your assent unto the 
said Bill ; which is humbly submitted by 

Yo r Excell obedient servants 

N. Bayard W. Pinhorne 

S. Cortlandt P. Schuyler 

C. Heathcote W. Smith 

G. Monvielle 

Ordered, the Bill for raising ,2593. 6. 8 be read a third time. 

His Excellency the Govern r & Council do assent unto the bill for raising ,2593. G. 8, being 
three times read as amended. 

Ordered, the Cl of the Council do inquire if the Assembly have any thing to offer this 
forenoon ; who brought answer, there is something the Assembly have to offer forthwith. 

Ordered, the Message from the Assembly be re;id whereby they desire for some consideracons, 
that his Excellency the Governour and Council will please to joyne with the Assembly in 
taking up two hundred and fifty pounds upon the creditt of the Government at tenn f cent 
interest, untill the same be paid, which they will provide for next sessions, being to pay off Maj r 
Schuylers Company of fusileers from the first of March last to the first of May ensueing, being 
two months. 

His Excell the Govern 1 " & Council do agree thereunto. 

Ordered, L 1 Coll Monvielle cary down this answer to the Assembly and desire them to take 
into their consideracon the debts of the Government & the Chappell. 

Adjourned to the 20 lh of Aprill. 



At A Council held at his Matyes ffort in Newyorke the 20" of April, 1696. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, } WILL PINHORNE, ) ^ 

NICH. BAYARD, > Esqrs. CALEB HEATHCOTE, \ 



GAB. MONVIELLE 

Cap Schuyler & Cap Whitehead brought a Message from the Assembly desiring a Committe 
May be appointed to consider of the debts of the Government and charge of the Chappell 
against next sessions ; which is read. 

Whereupon His Excell and the Council do think fitt & necessary for his Matyes service, the 
Assembly do proceed immediatly upon the accounts of the Government and the Chappell ; 
And therefore it is 

Ordered, Coll Steph Cortlandt, Coll Nich Bayard, Will 1 " Pinhorne Esqr and Coll Caleb 
Heathcote be a Committe of the Council to conferr with a Committe of the Assembly at 
Coll Heathcotes chamber, this afternoone thereupon. And that L Coll Monvielle deliver 
this answer to the Assembly and desire they will appoint a Committe of their house 
accordingly. 

Adjourned till the 23 th of Aprill. 



1G96.] Benjamin Fletcher, Governour. 93 

At a Meeting of Committee of Council & Assembly at Coll Heathcotes chamber 
April 20 lk , 1696. 

PRESENT 

Coll CORTLANDT, ~~\ 

Coll BAYARD, f ^r ,, ^ 

WILL-PINHORNE, SOf the Council. 

CALEB HEATHCOTE, Esqrs.j 

Cap WHITEIIEAD, } 

K. V. RANSLAER, C f the Assembly 
of the Assembly. TUTHILL, f 

VAN EKELIN, J 




a , 

Maj r DEMYRE, v 
Cap READE, J 



The Committe of the Assembly refuise to treate of finishing the Chappell, having no direccous 
frorn their house to meddle any further than the accounts of the Government. 
Adjourned till morrow morning. 

At A Meeting of the Committees the 21 lh of Aprill 1696 ibidem 
PKESENTIBUS iisdem cum ELLIS DUXBURY qui herl abirat. 

After some debate it is agreed, that there is due to the taxes, Maj r Ingoldesby expedicou 
included. ,-317. 13. ^ and that when all the money raised by the additionall duty is paid to the 
propper uses to the 25 lb of March 1696, there remains the sume of Eight hundred ninety five 
pounds four shill 5 eleven pence, wanting to answer those uses. 



At A Council held at his Matyes ffort in Newyorke, the 23 A of Aprill, 1696. 

PRESENT Ills Excellency BENJAMIN FLETCHER, &c., 

FFRED PHILIPS. ~) WILLIAM PINIIORNE, ~\ 

STEPH. CoRTLAsrDT.Cr, PETER SCHUYLER, ( v 

NICH. BAYARD, ?* JOHN LAURENCE, ?* 

GAB. MONVIELLE, J CALEB HEATHCOTE, J 

His Excell ordered the votes of the house to be read. 

The Committe of the Council did report what had passed at their meeting, which was read. 

Adjourned till the 24 lh of Aprill. 



At A Council held at his Matrjes ffort in Neivyorke, the 24" of April, 1696. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, } WILLIAM PINHORNE, } 

NICH. BAYARD, >Esqrs. PETER SCHUYLER, 

GAB. MONVIELLE, ) CALEB HEATHCOTE. ) 

A Bill being returned from the Assembly for continueing the addiconall duty for eighteen 
months longer, from the 10 th of November next ensueing &c. the same was ordered to be read a 
first, second & third time. 

His Excell the Governour & Council do assent unto the Bill continuing the additionall duty, 
eighteen months longer &c, being three times read. 

Ordered, the Cl of the Council do call M r Speaker & the whole house to attend his Excell in 
Council Chamber forthwith ; being all present his Excell said : 

M Speaker and you Gentl Representatives, 

This is the Cheife Bill upon which our safety hinges ; its for money to levy men to recruite 
his Matyes Companyes for the strengthening of the fronteers. I have some exceptions to the 
wording of it, and the substance. I VKIS against the passing of it, and gave my reasons to the 
Council. It does not seem to answer the end. The Gentl of the Council have given in their 
Opinions under their hands for passing of it, I have resigned my reason to theirs and therefore 
passe it. 

Gentl. I am as tender of the peoples ease as any of you, and have earnestly both studyed 
that and their safety; yet if men cannot be found for the encouragement you enable me to give, 



94 Journal of the Legislative Council of New York. 






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 fort of this Province while I have hands to defend it. When the disease is desperate, 
the cure must be soe and as this is the sharpest remedy, it shall be the last I shall use, and obvious 
to all good men the necessity is inevitable. 

The second is a Bill for paym 1 of debts contracted long before my arriveall. It is Commendable 
in you to keep up the credit of the Government. I have bin as good a husband of the Kings 
revenue as ever I was of my own private fortune. I understand not an account. I left that 
part to the Gentl of the Council who are of the greatest interest amongst you ; whom I beleive 
to be honest men and to have dealt fairly in the matter of the publick accounts. 

The third is a Bill to cutt oft a deed of Trust with uses, for payment of debts. It is private. 
I suppose most of yo r affairs will call you home. I think fitt to adjourne you to the 29 th of 
Septem r next, and desire M r Speaker to adjourne the house accordingly. 

The end of the third Sessions of y e fifth Assembly. 



THE FIFTH ASSEMBLY FOURTH SESSIONS. 

At A Council held at his Mat yes ffort in Newyorke, the 12 of September, 1G9G. 
PRESENT His Excell BENJAMIN FFLETCIIER, &c., 

FFRED PHILIPS, } WlLL m SMITH, 

STEPH. CORTLANDT, >Esqrs. WILL. PINHORNE, 

Nicii. BAYARD, ) PETER SCHUYLER, 

CALEB HEATHCOTE, 

It is the opinion of the Council in consideracon there is absolute necessity of his Excell going 
to Albany to meet the Indians, the Assembly be adjourned to the 15 lh of Octo r next, and 
Proclamacon ordered accordingly. 



[N. T. Colouial Manuscripts XL., 200.] 

BY His EXCELLENCY 

Coll. Benjamin Fletcher, Captain General and Governour in Chief of His Majesties Province of 

New York, fyc. 

A PROCLAMATION. 

WHEREAS His Majesties service doth call for my immediate Presence at Albany, to Compose 
and settle the Indians of the Five Nations in a stedfast Friendship with all His Majesties subjects, 
and to Condole the Loss which they have lately sustained from the French of Canada and their 
Indians. I have therefore, wifch the Advice and Consent of His Majesties Council for this 
Province, thought fit to Adjourn the present Assembly from the Twenty ninth Day of September 
Instant, to the Fifteenth day of October next following. And the General Assembly of this 
Province is hereby Adjourned accordingly. 

Given at Fort William Henry the Twelfth Day of September, in the Eighth Year 
of the Reign of our Sovcraign Lord WJLLIAM the Third, by the Grace of God, 
King of England, Scotland, France and Ireland, Defender of the Faith ffc. 
Anuoq ; Domini 1G96. 

BEN. FLETCHER. 

God Save the KING. 



1G96.] Benjamin Fletcher, Governour. 95 

At A Council held at his Mat yes fforl in Neicyorke the 15 * of Octo r , 1696. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

STEPII. CORTLAND, } GAB. MONVIELLE, ) Esors 

NICH. BAYARD, > Esqrs. CALEB HEATHCOTE, ) 

WILLIAM SMITH, ) 

Adjourned till morrow morning for a fuller house. 



At A Council held at his Matijcs ffort in Newyorke, the \& h of October, 1696. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

FKRED. PHILLIPS, ^ GAB. MONVIELLE, ^ 

STEPH. CORTLANDT, > Esqrs. WILLIAM PINHORNE, > Esqrs. 

WILL SMITH, ; CALEB HEATHCOTE, ) 

Ordered, the Cl of the Council do desire M r Speaker and the whole house to attend his Excell 
in Council forthwith. 

The Council and Assembly being present, His Excell said : 

M r Speaker and you Gentlemen Rcprcsentativr.s. 

The season of the year will hardly admitt of a long session, yet the present State of the 
Province calls for deliberate and mature consideracon. 

The last session was caryed on with a true regard of Our duty to his Majesty, Our most 
gracious King. We had no heat, but were united agreeing in all our debates, so I hope it shall 
alwayes be; We remain the same men and retain the same principles. 

M 1 Speaker. I am to acquaint you I have been necessitated twice this summer by advice and 
consent of the Councill, to visite Albany. The ffrench Governour of Canada marched with so 
considerable a force into the Indian Countrey of Onnondage and Oneyde, that I could not suppose 
his designe would end there, but expected that he would with that strength attempt Albany, 
where I was ready to adjust my duty in defence of the place. He contented himselfe with a 
poor insult over our naked Indians, and retired. Yet he destroyed the Castles and corne of 
those two Nations who must perish this winter if not releived by us. 

You all know they have been true to their Matyes interest in joyning with this Province 
against our Common Enemy the ffrench, and unlesse encouraged, may be compelled by poverty 
to make their peace with them. 

My second journey was to comfort those distressed Indians and to assure them of his Majestyes 
lloyall favour and protection and to renew the covenant chain with the whole Five nations, 
which has been done with as much cheerfullnesse on the part of the Indians as I have ever yett 
observed. 

I gave them those presents which his Majesty in his great consideracon of their services to us 
(liis loyall subjects of this Province) was pleased to send from England, as marks of his Royall 
bounty ; they bespoake the magnificence of Our Great King, yet did not answer the wants of 
those distressed people, so that the Council thought it necessary to add, at the charge of the 
Province, such things as suited best their present necessityes. This has occasioned a great charge 
which I recommend to yo r consideracon and hope you will inquire into. 

The Council has joyned with me to take money on the creditt of the Government, to answer 
this emergency. 

At my renewing the covenant chain (so the Indians terme it) I found rnyselfe obleiged to 
promise a supply of provisions to the Onondages and Cayouges, they being the only sufferers 
of the five Nations in the ffrench descent. This I hope you will consider by raising a fund to 
answer it. 

M r Speaker, 

The money so generously granted in a former session for the Encouragement of his Majestyes 
Companyes has not had the effect you designed and I endeavoured. Either the neglect of the 
Assessors and collectors or want of force in the Acts has occasioned a great arrear by which 
the Soldiers have been discouraged and evill minded men have found arguements to perswade 
them to desert the Service. The most of those who voluntarily inlisted themselves upon the 
Encouragement you gave of three pound a man levy money (which I am sure was paid them) 
notwithstanding the addition of four pence a day which you have also given, they have deserted ; 
fourteen out of one company taking the Kings arms with them, and are received and harboured 
by their relations in the face of the magistracy. This evill has its source principally from the 



96 Journal of. the Legislative Council of Nciv York. [w, s"": 

failure of payments at the appointed times, soe that three Companyes which out to be a hundred 
each, are dwindled to two hundred twenty one men. One hundred more will barely answer 
a necessary force for the defence of that place which I recommend to yo r consideracon. 

Coll Cortlandt who receives that money, will show you, as he does me, that of the taxes 
payable the 25 lh of March past, there is an arreare of twenty-one hundred, seventy-nine pounds, 
five shillings and four pence farthing, and of that payable the 29 th of September last, one 
thousand two hundred and nineteen pounds, thirteen shillings two pence halfe penny. I hope 
you will think of preventing this malady by giving force to yo r acts, that money be duely paid 
according to the time and that all deserters may be punished, with those that harbour them. 

The security of this Province, yo r own Estates and freeholds depends upon yo r care in these 
two material 1 points. 

M r Speaker 

I have received an addresse from the magistrates of Albany desiring my presence with them 
this winter. I assured them I was ever ready to be where his Majestyes service calls and 
promised them an answer in fourteen days; but was willing to have the concurrance of the 
Council! and Assembly in a matter which seems of moment ; All correspondance betwixt Yorke 
and Albany being shutt up by the frost for some months. Their Addresse I shall lay before 
you ; it contains their reasons 

I desire a Committe of yo r house may joyne a Committe of the Councill to consider of it and 
give me advice. 

I am very sensible of the great pressures We lye under by the present warr while this 
Province singly bears the weight and is become a frontier to our neighbouring Provinces whose 
safety is derived from the preservation of Albany no less than ours 

We not only pay a duty upon our trade but are also taxed for our private Estates the very 
noise thereof heightens away the trading vessells to the neighbouring Colonies that are fl ree 
from this duty albeit they often come to a worse mercate 

I have made fivquent applicacon for assistance from our neighbours but have not been able 
to obtein one man but this matter will he represented to his Majesty by those irnployed for 
that purpose You have an Agent in England of yo r own choice who I am sure will faithfully 
state the case of the Province before the King and I do not doubt but that his most Sacred 
Majesty will afford us such releif as will lighten our burthen. 

I hope you will not lett a good cause (tne Generall concerne) full for want of a supply. 

Gentlemen 

You have free accesse to all the books of receipts and disbursements of the Revenue and taxes 
of the Province I do earnestly desire you le to satisfy yo r selves in the disposition of it 

I do declare to you and shall be always able to make it appear that I never received one 
penny of the publick money raised upon the Couutrey neither by my own hand or any other for 
my use nor never designed or desired to enrich my selfe by it ; in this matter you can vindicate 
me when you please. 

I pray God direct you to what may tend to his glory the honour of his Sacred Majesty our 
King the safety & prosperity of this Province 

The Gentlemen of the Councill acknowledge great satisfaccon in what his Excell was pleased 
to offer to the Assembly and returne thanks for his Excell great care and conduct. 
Adjourned to the twentyeth of Octo r 



At A Council held at his Matyes ffbrt in NewyorJte the 20 A of October, 1696. 

PRESENT His Excell BENJAMIN FFLETCHEE, &c., 

STEPH. CORTLANDT, } THOMAS WILLETT, ) E 

NICH. BAYARD, > Esqrs. WILLIAM PINIIORNE, > 

WILL SMITH, ) 

The Assembly did returne the names of a Committe of their house Appointed to concerte 
with a Committe of the Councill about the necessity of his Excell being at Albany the ensueing 
winter or of his being at Newyorke and desired a Committe of the Council to be thereunto 
appointed. 

Ordered, Coll Steph Cortlandt, Coll Nich Bayard, Coll Will" 1 Smith, Coll Thomas Willett & 
William Pinhorne Esq be a Committe to joyne the Committe of the Assembly accordingly to 
meet at 3 o clock afternoone at Coll Cortlandts house 

Ordered, Coll Willet deliver this answer to the house, 

Adjourned till morrow morning 



1696.] Benjamin Fletcher, Governour. 97 

At A Council held at his Matyes ffort in Neioyorke the 21 s of Octo r , 1696. 
PRESENT His Excellency BENJAMIN FFLETCHER, &c., 

STEP!!. CORTLANDT, ) &AB. MONVIELLE, ^ 

NICII. BAYARD, > Esqrs. WILL PINHORNE, > Esqrs. 

WILL SMITH, ) CALEB HEATHCOTE, > 

His Excell did communicate intelligence from Albany of a party of ffrench that were come 
from Canida to do mischeife upon the fronteers of this Province who are defeated & their leader 
wounded three of whom are brought heither prisoners & That a party of Indians & Youth from 
Albany are commanded to the Crown Point halfe way to Canida to intercept their retreate which 
will cause some charge. 

Ordered, the papers be sent to the Assembly for their perusall and that they be desired to 
consider of the charge that does accrue by so necessary a service. 

The Committe of the Council do report that they had concerted with the Assembly 
concerning his Excell being at Albany next winter and finde the major part of the Committe 
for his Excell tarrying at Newyorke the Seat of Government who did likewise say they did 
beleive it the opinion of the most of the house. 

Adjourned till morrow morning. 



At A Council held at his Matyes ffort in Neivyorhe, the 22 A day of October, 1696. 

PRESENT His Excell BENJAMIN FFLETCHER, &c., 

FFRED. PHILIPS, ~) THOMAS WILLETT, ) F 

STEPH. CORTLANDT,Q V WILLIAM PINHORNE, ) Sf l rs 

NICII. BAYAKD, . ? 
WILL SMITH, j 

It is Ordered that part of M r Livingstons peticon relating to the .388. 8. 7 be recommended 
to the Assembly according to the report of the Committe of 1 the Councill thereupon. 
Adjourned till morrow morning. 



At A Council held at his Matyes ffort in Newyorke, the 23 A day of Octo r , 1696. 

PRESENT His Excell BENJAMIN FFLETCHER, &c., 

NICH. BAYARD, } WILL. PINHORNE, ^ 

WILL. SMITH, > Esqrs. CALEB HEATHCOTE, > Esqrs. 

GAB. MONVEILLE, ) THO. WILLETT, ) 

The votes of the house yesterday being read this day and it appearing that the Assembly 
have not provided to give a supply to answer the addiconall charge of the Indians &c but upon 
that head have concluded that since there is so great an arrearage of taxes the sd charge be paid 
out the revenue. 

That to that clause of his Excells Speech relating the arrearages of taxes they have voted 
that such bills brought into the house be made of such force as may be answerable to the Law 
of England. 

And that having formerly sent up a Bill for punishing deserters &c which was laid aside they 
cannot fall upon a better way. 

It is therefore Ordered, Coll Stephen Cortlandt, Coll Nicholas Bayard, Coll Will Smith, William 
Pinhorne Esqr and Coll Caleb Heathcote be a Committe to concerte with a Committe of the 
Assembly upon the sd votes and resolves at Coll Cortlandts house at 3 a clock this afternoone 
and that Coll Willet doe carry this message to the house and desire them to appoint a Committe 
accordingly. 



13 



98 Journal of the Legislative Council of New York. [ 



J{J 



^4 ^4 Council held at his Matyes ffort in Newyorke the 28 A day of Octo T , 1G96. 

PRESENT His Excell BENJAMIN FFLETCHER, &c., 

STEPH. CORTLANDT, ~) WILL. PINIIORNE, ) ^ 

NICH. BAYARD, > Esqrs. CALEB HEATHCOTE, > 

GAB. MONVIELLE, i 

His Excell did communicate to the Council An Addresse presented to him by Captain Reade 
and Capt Demyre from the Assembly in hoec verba. 

May it please Yo r Excellency 

Ypon the consideracon of the report of the Committe of this house that conferred with a 
Committe of the Council concerning that part of yo r Excell speech relateing to the Addresse of 
the Magistrates of Albany and of yo r Excell residence there this ensueing winter the house 
cannot but with the greatest of thaukfullnesse acknowledge the care yo r Excell hath alvvayes 
had of the fronteers of this Province and more especially for the great dispatch yo r Excell made 
in visiteing the same upon the late Invasion of the ffrench to the great terrour and discouragement 
of the enemy who withdrew their forces without doing any considerable damage and also with 
the like gratitude they humbly acknowledge Yo r Excell 8 great condescention in consulting them 
in a matter of that trust which his Majesty has been graciously pleased only to lodge with Yo r 
Excell and that as heitherto they have experienced the good effect that has alvvayes attended 
Yo r Excell* faithfull discharge of the said trust by having the fronteers preserved from any 
insults of the enemy so that they have cause to beleive that by Yo r Excell* future prudent 
conduct the same may be preserved from any encroachment of the enemy and the subjects in 
the rest of the Province to remain in perfect tranquillity and with intire confidence thereof they 
with all cheerfullnesse will be ready to assist Yo r Excell in all attempts against the enemy with 
the outmost of their ability and humbly pray for a continued prosperity to attend Yo r Excell in 
all Yo r Excell* endeavours for the preservacdn of the fronteers and good of the Province. 

By order of the house of Representatives. 

JA. GRAHAM, Speaker. 

Resolved, thanks be returnd to the Assembly from His Excell the Govern r and Councill 
for their favourable Addresse and that they be made acquainted that His Excell having some 
apprehension of difficulty in getting the hundred men to recruite the Company es at Albany 
before the shutting up of the river in which case his Excell is resolved to put his person in that 
Garrison whereby an extraordinary charge will accrue and in procuring the Inhabitants of Vlster 
and Dutchesse County to march upon occasion theither and from Connecticutt if they will 
Comply As alsoe many other incidents which cannot be computed before hand will happen 
upon the fronteers for which reasons His Excell desires the Assembly will order the surplusage 
of the money that is provided for such of the hundred men as cannot be gott may be applyed to 
answer the extraordinary charge and to know the resolution of the whole house therein. 

Ordered, William Pinhorne Esqr and Coll Caleb Heathcote do returne the thanks of his Excell 
and Councill and deliver this message to the Assembly. 

Adjourned till morrow morning. 



At A Council held at his Majestyes ffort in Newyorke, the 29 A day of Octo T , 1696. 

PRESENT His Excell BENJAMIN FFLETCHER, &c., 

FFRED. PHILIPS, } GAB. MONVIELLE, J 

STEPH. CORTLANDT, > Esqrs. WILLIAM PINHORNE, > Esqrs. 

NICH. BAYARD, ) CALEB HEATHCOTE, ) 

Ordered, A Bill for raising one hundred men & .1200 be read a first second and third time. 

His Excell the Governour and Council do assent unto the sd bill being three times read with 
the following amendments (to wit) 

That in pag 4 th line 9 th insteade of (defraying his Excells journey to Albany at) be inserted 
(expended for the releife and encouragement of the Indians to continue Stedfast in their allegiance 
and freindship at and since.) 

That in pag 4. line 14. instead of (his Excell* said journey) be inserted (the said charge.) 

That such clause and provision be made in case of the neglect or default of the Mayor 
Aldermen and justices of the peace as is provided and Enacted in an Act of a former Assembly 
Entituled An Act for the raising of 6000 &c. 



1696.] Benjamin Fletcher, Govern our. 99 

That the Assessors be limited to some time to bring in their rolls of Assessement. 
And that in f ol 11. line 5 tb after (cary away) be inserted, any where within this Province. 
It is ordered Leiv 1 Coll Gabriell Monvielle and William Pinhorne Esqr do cary down this 
Bill with the amendments annexed for the consent of the Assembly unto them. 
Adjourned till morrow morning. 



At A Council held at his Matyes ffort in Newyorke, the 30 A day of October, 1696. 

PRESENT His Excell BENJAMIN FLETCHER, &c., 

STEPHEN CORTLANDT, ^ WILLIAM PINHORNE, > 

NICHOLAS BAYARD, > Esqrs. CALEB HEATHCOTE, ) 

GABRIELL MONVIELLE, ) 

The Assembly having made returne of what amendments in the Bill for raising 100 men and 
{200 they can agree to the same were three times read and assented unto by the Govern 1 " &. 
Council! and His Excell did Enact the sd Bill. 

The Assembly having sent up a Bill to vacate a Deed of Trust made by John Robinson to 
William Nicolls Esqr and to confirme a deed Poll for the land contained in the sd deed of trust 
to Cornelius Burneson. 

It is Ordered William Pinhorne Esqr do waite upon M rs Nicolls to know if her husband has 
advanced anything upon consideracon of the said Deed of trust to the children of M r Robinson. 

M r Pinhorne brought answer that she was willing the Bill do passe forasmuch as she knew her 
husband no other wayes to be concerned than to be named trustee therein. 

Ordered the sd bill be read a first second and third time. 

His Excell the Governour and Council do assent unto the sd Bill being three times read and 
His Excell did Enact the same. 

A message of the Assembly was delivered in Council to his Excell by Maj r Howell with seven 
more of the house who were appointed a Committe and desire a Committe of the Council be 
appointed to conferr with them in drawing up an Addresse to his Most Excellent Matye and an 
Association to be signed by his Excell the Governour & Council and Representatives of this 
Province mett in Generall Assembly being their first sessions after the joylull news of that 
wonderfull deliverance to his Matyes sacred person and Government from the horrid and 
detestible Plott and Confederacy. 

Ordered, the whole Council or any four of them be a Committe to joyne the Committe of the 
Assembly at Coll Cortlandts house 3 a clock this afternoone in the forming such Addresse and 
Association. 

Ordered, Lt Coll Monvielle returne this answer to the Assembly. 

Adjourned till the 2 d of November. 



At A Council held at his Matyes ffort in Newyorke, the 2 d day of November, 1696. 

PRESENT His Excellency BENJAMIN FFLETCHER, &c., 

FFRED PHILIPS, ) WILLIAM PINHORNE, ) -p, 

STEPH. CORTLANDT, > Esqrs. CALEB HEATHCOTE, ) SC rS 

NICHOLAS BAYARD, ) 

Ordered, AVilliam Pinhorne Esqr do deliver to the Assembly the Paper relating to that part of 
M r Livingstons peticon concerning the 388. 8. 7. 

His Excell did recommend to the Councill to use their endeavours to procure the =1200 upon 
the Creditt of the Act of Assembly forthwith that the recruits may be levyed and desired they 
will report what is done therein next meeting. 

The Councill promise their outmost endeavours. 

His Excell did acquaint the Council that this place in all probability is secured from any 
attempt by sea these winter months that the Inhabitants of Albany are in some consternacon 
and fear of the Enemy many of the Inhabitants threatening to remove which howsoever groundlesse 
and without reason is to be regarded for that the Indians finding the Inhabitants removed may 
be thereby discouraged & fall away to the ffrench. And therefore his Excell did publish his 
resolution of setting forth for Albany next week at furthest. 

The Councill do returne their thanks for his Excells great care of the Province that he will 
expose his person to such hardship for the safety and welfare of the Province. 

Maj r Demyre and M r Ranslaer brought a Message from the Assembly desiring to know if his 
Excell had anything to offer for his Matyes services at this time. 



100 Journal of the Legislative Council of New York. [ 4 [\\ i^,: 

Whereupon it is resolved there is not further at present to be offered only the businesse relating 
M r Livingston which was recommended to them this morning And that they be made acquainted 
of the difficulty there is to raise the =1200 at interest upon the creditt of the Act and of getting 
100 men and his Excell having thereupon declared that he finds it necessary for him to put his 
person in Albany this winter and that he will sett forth next week it is hoped they will consider 
against next sessions of the extraordinary charge that will happen. 

Ordered, William Pinhorne Esqr and Coll Heathcote do deliver this message to the Assembly. 

Adjourned till morrow morning. 



At A Council held at his Mat yes ffort in Newyorke, the 3 of November, 1G9G. 

PRESENT His Excell BENJAMIN FFLETCHER, &c., 

FKRED PHILIPS, \ THOMAS WILLETT, } 

STEPH. CORTLANDT, f -r, . WILLIAM PINHORNE, > Esqrs. 

NICH. BAYARD, ^ s ^ rs CALEB HEATHCOTK, ) 
GAB. MONVIELLE, ) 

His Excell the Governour and Council did signe An Addresse of Congratulation to his Most 
Excell Matye & an Association and sent to the house of Representatives to be signed by the 
whole house. 

THE ADDRESSE. 
To the KINGS Most Excellent, MAJESTY. 

The humble Addresse of yo r Majestyes Captaine Generall and Governour in Cheife and the 
Councill and Representatives of yo r Matyes Province of New Yorke in America now mett in 
Generall Assembly. 

We yo r Majestyes most humble most Loyall and most Obedient Subjects deeply sensible of 
the great and good providence of Almighty God lately manifested to all yo r Majestyes good 
people in the most gracious and wonderfull deliverance of Yo r Sacred Person from the horrid 
and detestible conspiracy of Yo r Enemys Do heartily congratulate the same and do daily offer 
up our prayers to Almighty God for the preservacon of Yo r Majestyes Person so frequently 
exposed to danger for our religion and liberty and to grant unto Yo r Majesty long lii e a 
victorious and happy reigne. 

November 3 d 1696 

BEN FFLETCHER N. Bayard William Pinhorne 

fredryck flypse G Mouvielle John Laurence 

S. V. Cortlandt Thomas Willett Caleb Heathcote 

David Jamison, Cl. Concilij. 

THE ASSOCIATION. 

WHEREAS there has been a horrid and detestible Conspiracy formed and caryed on by Papists 
and other wicked and traitorous persons for assassinateing his Matyes Royall Person in order to 
encourage an invasion from ffrance on England to subvert our religion Laws & liberty. 

We His Matyes Governour and Councill and Representatives of his Matyes Province of 
Newyorke in America now mett in Generall Assembly whose names are hereunto subscribed do 
heartily sincerely and solemnly professe testify and declare that his present Majesty King 
William is rightfull and Lawfull King of the Realme of England Scotland and Ireland and 
Supreme Lord of all the Territoryes and Dominions to the sd Kingdoms belonging or depending 
on them that neither the late King James nor the pretended Prince of Wales nor any other 
person hath any right whatsoever to the same And we do mutually promise and engage to 
stand by and assist each other to the outmost of our power in the Support and defence of his 
Majestys most Sacred Person and Government against the late King James and all his adherents 
and in case his Majesty come to any violent or untimely death (which God forbid) We do hereby 
further freely and unanimously obleige ourselves to unite associate and stand by each other in 
revenging the same upon his Enemyes and their adherents and in supporting and defending the 



1697.] Benjamin Fletcher, Governour. 101 

Succession of the Crown according to an Act made in the first year of the reigne of King 

William & Queen Mary, intituled An Act declaring the rights and libertyes of the Subject and 
settling the succession of the Crowne 
Kewyorke the 3 d of Xovemb 1G96 

BEX FFLETCHEK N Bayard Will 1 " Pinhorne 

fredryck flypse G Monvielle John Laurence 

S. V. Cortlandt Thomas Willett Caleb Heathcote 

David Jamison, cl. concilij, JAMES GRAHAM Speaker &c 

His Excell did adjourn the Gen 11 Assembly to the 25 tb of March next and desired M r Speaker 
to adjourne the house accordingly. 



THE FIFTH ASSEMBLY FIFTH SESSIONS 
At A Council held at his Mattes ffort in Newyorke the 25 A day of March, 1697. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ^ GAB. MONVIELLE, ) -^ 

STEPII. CORTLANDT, > Esqrs. WILLIAM PINHORNE, > 

NICH. BAYARD, ) 

The Clerk of the Assembly from the Representatives waited upon his Excellency to acquaint 
him that they are mett according to adjournment and that the Representatives of Albany are 
not yet come 

Adjourned till munday next 



At A Council held at his Majestijes jfort in Newyorke the 29 A day of March, 1697. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ) WILLIAM PINHORNE, ) p 

JVICH. BAYARD, > Esqrs. CALEB HEATHCOTE, > ^ rs 

GAB. MONVIELLE, ) 

A Message was brought from the house of Representatives signifying that the house were 
mett & waited his Excell 3 pleasure to recommend to them what may be for his Maties and the 
Countreys service 

Ordered, the Cl of the Council do call the Speaker and the whole house to attend his Excell 
in Council forthwith being present 

His Excellency said : 

M r Speaker and you Gentl Representative* 

I am very glad to meet you here according to your adjournment the last Sessions I just 
now heard the members of Westchester County have absented and hope M r Speaker the house 
will do that right to their own honour to inquire into the reason of their absence 

I was called to Albany this Winter by a double obligacon my duty to his Most sacred 
Majesty in discharge of that trust he has been graciously pleased to put into my hands and my 
affeccons to his subjects of that City who by addresse desired my presence with them. 

And indeed the intelligence of a designe on that place by the nrench and their Indians 
(being flusht with their successe on Pemaquid in New England the last Summer) was a 
sufficient spurr to me. 

I therefore resolved to make Albany my winter quarter -looking upon it not only as a barrier 
to this Province but to other Colonies of his Majestyes Empire in America. 

My passage met with some difficulties by an early winter being twice drove a shoare by the 
ice and at last lockt up by it yet I made the journey in twelve days though with some 
extraordinary expense being necessitated to travell part of the way by land with a detachment 
of my own Company 



102 Journal of the Legislative Council of New York. 






Coll Schuyler who commands the militia in those parts and speaks the language was very 
active in procureing waggons and other assistance as sleas for bringing up f eild pieces small 
arms ammunition &c which could not be done gratis. 

This journey had the effect I expected some familyes who designed to remove upon the 
report of my coming staid by which this garrison was much strengthened. 

I observed in all the Inhabitants great Zeale for his Majesties service they were cheerfull in 
the performance of their duty watchful! and vigilant upon those guards committed to their 
care. 

The inhabitants are somewhat straitened by quartering his Mnjesties Companyes the houses 
are small fitted only for the conveniency of their own familyes if Barracks were built (which 
would be no great charge) the inhabitants would be eased, soldiers better accommodated 
desertion easier prevented and the City better .fortifyed 

And as you have heitherto showed great reguard for his Majesties service in taking care 
aswell for recruiting as better subsisting his Majesties Companys so I hope you will continue 
in the good minde of easing the inhabitants by accomodating the soldiers 

Your last gratuity to them had that influence that not one man has deserted since 

I desire you le appoint some of your house to look into those payments by which you ll see 
that so much money as could be gott upon the creditt of that act has been applyed as it 
directs. 

Those recruits from Connecticutt came very seasonably they had their levy money and those 
two officers that conducted them were paid one pound for each man as a reward for their pains 
and care which I hope gave them all satisfaccon 

The Winter seems the most propper season for the ffrench to make an attack upon Albany 
all rivers lakes and marshes being so hard by the frost that cannon may be drawn &c Yet in 
Summer those parts suffer most by sculking parties of ffrench and Indians so that I must 
recommend to you the care of recruiting his Majesties Companyes at May next (when the terme 
of those inlisted by your act determines) otherwise it will be impossible to cover the out 
plantacons those farmers will remove and leave the Countrey waste the consequence of that will 
be the desolation of the City which must then become a garrison 

The five Nations of Indians can have no releife there their friends being gone which they 
must justly conclude to be the fear of the ffrench and those Indians will then purchase their 
safety and conveniency by joyning to our Enemyes of Canida 

The care you have taken for payment of a party to advance upon the enemyes borders 
and lodge there for sometime to discover their mocon is of great use I hope you will continue 
that allowance and alsoe consider the advantage we found last summer by the payment of six 
pounds to any Christian or Indian for every head they bring in of those sculking murderers who 
spare neither women nor children. By that encouragement we had some of them cutt of in 
September last; those Gentlemen you have intrusted in the payment of the advance partyes are 
without doubt the best qualifyed for this Being resident in Albany they should have a fund or 
creditt to pay for every head brought in 

The punctual! payment for last summers service will spur many young men to be 
adventurers both Christians and Indians they ll hunt hard upon this encouragement I desire 
you ll continue life in so honest a designe for the preservacon of his Majestyes subjects in those 
parts 

I cannot be unconcerned at the hardship this Province lies under above others (by reason 
of this warr) you have agents now attending his Majesty he is our gracious King father of his 
people, he will hear 

A true and plain account of our circumstances will be represented and releife obteined from 
his Majestyes pious care of all his subjects. 

You have seen the Memorial! given in to their Excellencyes the Lords Justices. I have since 
received letters and another paper given in by those Gentlemen to the Right Honorable the 
Commissioners for trade and Plantations I shall communicate them to your house. 

I know those Gentlemen imployed from the Province are faithfull and diligent I will not 
question their successe if we are not wanting to ourselves ; they are at an extraordinary charge 
one of them is out of the road of that businesse which is his support; his fortune and his family 
both suffer by his absence He was appointed by your selves You ll consider what is proper 
to be done for the carying on so good a worke which is so well begunn and when finished will 
lighten our present burden and secure us from the attempts of our Enemyes. 
Gentl I pray God direct you. 

The Representatives being withdrawn the Council do unanimously returne thanks to his 
Excellency for his favourable speech. 

Maj r Howell and some other Representatives from the house bring a Message wherein the 
house returne thanks for his Excellencyes care in Exposing his person to so many hardships & 
danger for the security of the fronteers this winter and for his favourable speech and desire a 
copy thereof. 

Adjourned till morrow morning. 



1G97.] Benjamin Fletcher, Governour. 103 

At A Council held at his Majesties ffort in Newyorke, the 30" of March, 1G97. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ^ WILLIAM PINHORNE, ) ^ g 

NICH. BAYARD, > Esqrs. CALEB HEATHCOTE, y 

GAB. MOXVIELLE, } 

M r Still well and M r Suebringh bring a Message from the Assembly wherein they desire a 
Messenger at arms may be nppointed to attend the house in order to their expediting the first 
thing recommended by his Excell in his speech. 

His Excell by advice of the Council do appoint M r Richard Stoaks to be Messenger at arms to 
the house of Representatives. 

The peticon of Gyles Silvester was read and referred to the consideracon of the house 
of Representatives. 

Adjourned till morrow. 



At A Council held at his Maties ffort in Ne.wyorke, the first of Aprill, 1697. 

PUKSENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, } WILLIAM PIXHORNE, 

NICH. BAYARD, > Esqrs. JOHN LAURENCE, 

GAB. MONVIELLE, ) 

An agreement between Coll Thomas Dongan & Commissioners from Connecticut concerning 
the Boundarys between this Province and that Colony was read with a letter thereupon Anno 
1GS4 from Govern Treate & the other Commissioners desiring the Inhabitants of Rye and 
Bedford to be obedient under the Government of this Province which were ordered to be copyed 
and sent to the Representatives for their informacon. 

Ordered, that Proclamacon issue forth agst Humphrey Vnderhill a Representative for 
Westchester County & inhabitant of Rye requiring him upon his peril! to appear at the barr 
of the Representatives to answer his contempt according as the house have desired in an 
Addresse sent up. 

Adjourned to the third of Aprill. 



At A Council held at his Majesties ffort at Newyorke, the 3 d of Aprill, 1697. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, } GAB. MONVIELLE, 

STEPH CORTLANDT, > Esqrs. WILL" PINHORNE, 

NICH. BAYARD, ) 

The peticon of William Merritt and others being read It appearing that of the money which 
was due from the Sherriffs of Nassaw assigned for the payment of the peticoners there is 
in the hands of the Receiver General 1 and the rest accounted for in great part by the Sheriffs 
since the first audite Anno 1684. 

It is therefore Ordered, the peticoner William Merritt have a warrant upon the Receiver 
Gen" for payrn 1 of what is in his hands to William Merritt for himselfe and others use in sd 
account and that they apply to the Assembly to provide a fund for the paym 1 of the 
remainder. 

The Inn holders peticon read & are desired to give in their particular demands. 

Adjourned to the 9 th of Aprill. 



104 Journal of the Legislative Council of New York. 



Council held at Jtis Maties ffort in Newyorke, the 9" ojf Aprill, 1G97. 



PRESENT // Excellency BENJAMIN FLETCHER, &c., 

NICH. BAYARD, ^ WILLIAM PINHORNE, ) 

WILLIAM SMITH, > Esqrs. CALEB HEATIICOTE, 5 

THOMAS WILLETT, ) 

Ordered, the Clerk of the Council waite upon the house to know if anything be ready to 
offer this forenoone who brought answer nothing 
Adjourned till morrow morning 



At A Council held at his Maties ffort in Neicyorke the 10" of ApriU, 1G97. 

PRESENT - His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, ^ THOMAS WILLETT, ) 

Nicn. BAYARD, > Esqrs. WILLIAM PINHORNE, > Esqrs. 

AViLLiAM SMITH, ) CALEB HEATIICOTE, ) 

Ordered, the Bill for raising ,1500 passed by the Representatives be read a first time. 

Being read it was debated whether there should be a conference had upon the uses and 
disposition of the money therein raised or that his Excell send for the Speaker and whole 
house to signify his opinion to them 

Adjourned to the l:J lb of Aprill. 



At A Council held at his Majestyes ffort in Nein/orke the 12" of Aprill, 1697. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, ) WILL SMITH, } 

Nicn. BAYARD, > Esqrs. WILL PINHORNE, > Esqrs. 

GrAB. MONVIELLE, ) CALEB HEATHCOTE, ) 

It is the opinion of the board that his Excell offer his own opinion to the Speaker and the 
whole house 

Ordered, the Clerke of the Council do desire the Speaker and whole house to attend his 
Excell forthwith who being present 

His Excellency said : 

M r Speaker and you Gentlemen Representatives, 

I sent for you to have a right understanding of the Bill whereby you raise ,1500 for your 
own security the sume would answer the service for that time if rightly appropriated but first 
consideracon ought to be had that the Companys on the fronteers are to be recruited the first of 
May next the first payment of this money is the 29 th of September and no clause in the bill for 
interest so that levy money cannot be paid in hand and consequently none will inlist besides 
the 4 d a day is cutt off which is so great a discouragement that no new men will enter nor the 
old men be kept from desertion as I told you that kept our men together none had deserted 
when they found it paid, so the taking it off will make them runn You all know the Kings 
pay does no more than feed them, 2 d sterling is stopt in England to answer cloathing 

You take no notice of my Company who by detachments have rolld upon duty in the 
fronteers part of them were with me all this winter and a detachment of them have been 
twice on board the Richmond ffrigott to strengthen her in her cruising and prevent the pressing 
of yo r seamen but I wave that 

The sume of 791. 4 . is an extravagant and unnecessary charge being to keep Indians at 
18 d a day and Christians at 3" a day in constant pay for six months as scouts, the companys 
being completed it will be better performed for ,200 for encouragement of such as march 
upon that service and only paid for such dayes as they are upon that duty which is directed by 
my instruccons to the commanding officer in that garrison a copy of which is left in the hands 
of the Mayor It is very necessary a sume of money be lodged at Albany to pay them 
punctually as they come in from their marches & do execucon upon the enemy 

The money you so generously give will answer all this that I proposed to you, the interest, 
levy money, groat a day for 300 men and scouts for the time, if it were not so circumscribed in 



1G97.] Benjamin Fletcher, Governour. 105 

this Bill ; I have been at Albany long enough to judge what methods are propper for the security 
of that place and will at the haztrd of my life undertake the defence of it if the Assembly 
please to answer what I laid before them at the opening of this Sessions and the sume granted 
will answer what I proposed therefore I desire you will go together and consider of it 
I pray God direct you 

The Council do approve what his Excel] was pleased to offer to the Assembly 
Adjourned till morrow morning 



At A Council held at his Majesties ffort in Newyorke the 13 * day of Aprill, 1697. 

PRESENT Ills Ercellcncij BENJAMIN FFLETCHER, &c., 

STEPHEN CORTLANDT, ^ WILL. SMITH, ^ 

NICH. BAYARD, > Esqrs. WILL. PIXHORXE, > E--qrs. 

GAB. MONVIELLE, ) CALEB HEATHCOTE, 3 

Ordered, that Coll William Smith & Coll Caleb Ileathcote doe acquaint the house of 
Representatives that his Exeell is desirous to know if they have considered what he did offer to 
them yesterday and to help their memory has sent them a copy in write! ng As also a letter from 
the Sherriffu of Westchester County concerning the defection of the Towns of Rye and Bedford. 

Adjourned till morrow morning. 



At A Council held at his Maties ffort in Neicyorke, the 14 * of Apr ill, 1697. 

PRESENT Hi* Excellency BENJAMIN FLETCHER, &c., 

FFRED PHILIPS, 1 WILLIAM SMITH, ) 

STEPH. CORTLANDT, > Esqrs. WILLIAM PIXHORNE, > Esqrs. 

NICH. BAYARD, ) CALEB HEATHCOTE, j 

His Exeell having made a reference upon a Message brought to him from the house (wherein 
they assert their opinion that the bill passe without alteraeon further than that of menconing 
interest for levy money) to Coll Cortlandt, Coll Bayard, Coll Smith, Judge Pinhorne and Coll 
Ileathcote 

In obedience thereunto they do report that the Bill ought not to have his Excellencys assent 
without the alteracon of the uses and applicacou of the money and that a conference be desired 
upon the said message. 

Ordered, the same Gentlemen be a Committe of Council to conferr with a Committe of the 
Representatives upon that resolution at the house of Coll Cortlandt at tenn a cluck this morning 
and that Coll Bayard do go to the house to desire a Committe to be appointed for that Conference 
accordingly. 

Adjourned till morrow morning. 

At the Meeting of the Committes at the house of Coll Cortlandt tenn a clock the 14 lb of 
Aprill, 1G97. 

The Committe of the Council Coll William Smith President elected for this time did offer to 
the Committe of the Representatives their opinion in these words. 

Gentlemen 

Vpon a resolve sent from your house to his Excellency and Council in answer to his Excells 
speech to you on munday the Iti" 1 instant relating to the bill before us this Conference is desired 
You have thereby given 1500^ for this summur to be employed in defence of the fronteers and 
the surne rightly applyed we hope might answer that end but the use and applicacon of it as 
expressed and directed by the sd bill is the matter We are now to reason with you; the first part 
thereof to wit the .708 given for the filling and supporting the Companyes at Albany we 
conceive will not extend to answer that end and the latter 192 we suppose is more than 
necessary for the use of in your bill expressed We must observe to you that his Maties three 
Companyes on the fronteers have bin by his Exeell interest and Our Princes great clemency 
and Royal! care sent over neither with extraordinary charge and hazard to ease this Province 
from detachments which you may well remember was before they came the insupportable 
greivance of it and must for that reason deserve our outmost care to support and keep them full 
by giving them such encouragement as may hinder their desertion; the good effects of yo r giving 

14 



106 Journal of the Legislative Council of New York. [ &! i"*;. 

them 4 d aday for tliose twelve months past is very visible since, not one hath deserted since 
some part of that money has been paid them. 

We are sure you are sensible that his Majesty pay from England only gives them victual le 
and cloaths once in IS months the latter of which by reason of the warr and danger of the seas 
are very uncertainly sent Nor can any man that is listed but for six months promise himselfs 
any great benefite by them so that if you take from them what you have lately allowed them it 
will be extream difficult to levy the men designed by said bill nor can we reasonably expect but 
that they will desert as they did before that allowance was made them, which much better never 
had been than not now to continue it. 

The next thing we must observe to you is that Wee are of opinion that between 2 and 300 
of the ,792 might be sufficient encouragement for scouts to range the woods and discover and 
obstruct those small sculking partyes who some times come from Canida and do mischeife to our 
farmers nor do we think it reasonable that any certaine or constant pay should be given those 
that are imployed in that service and that they may have the same allowance for Scalps they had 
the last year that insisting on a certaine number of Indians for that service constantly to attend 
We beleive impossible and impracticable And to allow them better wages than his Majesties 
Cornpanyes as it is highly unreasonable so it will infinitely discourage the men and will be of 
dangerous consequence as to the Indians themselves who will thereafter give us no kinde of 
assistance but what will be extravegantly paid for and the surplusage of ibis sum added to the 
other gives 100 men ,3 each levy money and will neer give the companyes 4 d a day for it seems 
very unreasonable to apply soe much money for out guards or scouts and to starve and neglect 
the maine body and strength of our forces who at all times cover and give security to all our 
fronteers and will appear as unreasonable as it is unjust to suppose his Majesties Captaitie General! 
should not be the best judge of our defence which is by his Majesty committed to his conduct 
and of whose unwearyed care and prudent conduct AVe of this Province have had so many and 
late signal! demonstrations; therefore Gentlemen lett reason take place; and have its weight with 
you let no private or particular mans interest or inclination make you vary from the rules of 
prudence but as we are all concerned for the peace and preservation of this Province so pray let 
us omitt nothing that may contribute to soe good an end. 

To this some members of the Committe of the house of Representatives made answer : 

That as to the 70S, for levying 100 men and for encouragement of the Companyes they had 
in their house maturely considered it and were of opinion that said sume was sufficient for that 
service that they thought that having given them cloaths for this winter and the 4 d ^p diem 
being paid them the first of May with what will remain besides the levy money of that sume 
would be sufficient encouragement to the Companyes untill their next meeting. 

That they were of opinion the 4 d ^f day ought not to bo continued that the ,792 for scouts 
was absolutely necessary to be employed for said service but that the choice of the men and the 
manner of rewarding their services was left to his Excellency the Captaine General! if a 
constant pay was not thought necessary And that the reasons we had offered them should be 
dulv considered. 



At a Council held at his Majesties ffort in Newyorke the 15 * of April!, 1GD7. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPHEN CORTLANDT, ) WILLIAM SMITH, ) ,, 

\ IV en t"u 

NICH. BAYARD, > Esqrs. WILLIAM PINIIORNE, 5 

GAB. MONVIELLE, S 

An Addresse from the house of Representatives concerning the Inhabitants of the Towns of 
Rye and Bedford was read and 

Ordered, a Proclamacon be drawn up requiring them to rcturne to their obedience with 
promise of pardon as the Assembly doe desire 

His Excellency the Governour and Council do assent unto the Bill for the raising ,1500 with 
this Amendment, that instead of that paragraph containing the use of the 791, 4 s , be inserted 

And the sume of =791. 4 s to be employed for encourageing of thirty-six men to be scouts and 
for the ranging of the woods and discovering the mocon of the Enemy and the remainder over 
and above what shall answer that service to be distributed amongst the said Companyes for 
their better encouragement from the first day of May next to the first day of November then 
next following and to answer the interest of tenn <$" cent for the advanceing of the sume wanted 
to levy said recruites and to answer the uses as they grow And that the money be made payable 
at two payments the moiety or halfe part thereof at or before the first day of June next ensueing 
And the remainder at or before the 29 lh day of September next ensueing 

Adjourned till morrow morning 



1697. J Benjamin Fletcher, Govemour. 107 

At a Council held at his Matyes ffort in Nemjorke the 16 * day of Aprill, 1697. 

PRESENT His Excellency BENJAMIN FLETCHEU, &c., 

FKREO. PHILIPS, } GAB. MONVIELLE, ) E g 

STEPII. CORTLANDT, > Esqrs. WILL. PINHORNE, ) 

XICH. BAYARD, ; 

Ordered, the Bill to Enable the City and County of Albany be read a first second and third 
time 

His Excell the Governour and Council do assent unto the Bill to Enable the City and County 
of Albany &c with these Amendments: that it be of force for one year and no longer that the 
Mny r and Justices do give an account of the money raised by the sd act to his Excellency 
the Governour and Council 

On/crc l, L 1 Coll Gab Monvielle do cary down these two Bills with amendments for the 
consent of the house 

Adjourned till morrow morning 



At a Council held at hi* Mattes ffort in Newyorke the 17 * day of Aprill, 1697. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FKRED. PHILIPS, ) STEPH. CORTLANDT, ) 

NICH. BAYARD, > Esqrs. WILL PLNHORNE, ) 

WILLIAM SMITH, ) 

His Excellency did communicate an Addresse from the house delivered to him last evening 
and read wherein they reject any Amendment proposed by his Excell and Council and make 
some new proposition Together with an Answer thereunto which is drawn up in writeing in 
these words. 

Gentlemen 

In answer to Yo r addresse read unto me last night I have told you before that the sume which 
you so generously gave in your Bill would answer the end which I did propose and the reasons 
why I could not passe it. If your Bill had been so framed as to answer my proposeall in the 
disposicon of the money I did likewise undertake for the security of the fronteers with the 
hazard of my life His Sacred Majesty did soe cause to intrust rne with the care of this Province 
and I think I have been long enough here to know what is propper for the defence of it. I do 
not call in question your good intentions to enable me to secure the fronteers if after all your 
debates and expense of time you see no cause to alter or change your thoughts as to the uses in 
that Bill I doe not see cause to passe it in the manner therein expressed. 

And therefore I choose rather to accept of Yo r present proposition although I perceive therein 
that allowing 4 d a day to 300 men for one year there is no provision for levy money which must 
be had the first of May next nor any mention of the time of payment which I would have as 
so">n as may be and rather at three payments than two that it may the better answer the 
service. 

I shall endeavour to make it go as farr as it can and assure you it shall be applyed to no other 
use or intent than the service you propose. If the lessening of the 4 d a day which you have 
formerly enabled me to give (which must necessarily follow when men cannot be had without 
levy money) have any ill effect to the discouragem of the men I hope you will be my witnesses 
that I have endeavoured it and shall still endeavour it. 

Gent I return you thanks for the surne you have proposed to give and pray that you may 
make dispatch for the time draws neere when the last recruites will be discharged. 

The Council do approve of this answer and ordered William Pinhorne Esqr Do deliver this 
answer first reading the same to the house of Representatives. 

A vote was brought from the house that they would not proceed untill the Bill was rejected. 

Ordered, the Bill for raising 1500, be rejected & that the Cl of the Council do Signify the 
same to the Representatives & cary it down to them. 

Adjourned to the 20 lb of Aprill. 



108 Journal of the Legislative Council of New York. 






At A Council held at his Maties ffbrt in Newyorke, the 20" of Aprill, 1697. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPHEN COKTLANDT, ) p WILLIAM SMITH, ) v 

NICH. BAYARD, 5 ^ sqrs WILLIAM PINHORNE, 5 L 

A Bill was brought in passed the house of Representatives for the raising ,2300 Whereupon 
his Exct-11 did immediatly call the Council I. 

The Bill for raising 3300 ordered to be read a first 2 d and 3 d time. 

His Excellency the Governour and Council do assent unto the Bill for raising ,2300, being 
three times read. 

His Excellency the Governour and Council do assent unto the Bill to Enable the City and 
County of Albany, being three times read with this amendment: that the Mayor & Aldermen do 
render an account to the Govern and Council what the amount is of that revenue and how it 
is disposed of. 

Ord-red, L l Coll Monvielle do cary down the Bill & amendment and recommend to the house 
to consider the Act Establishing Courts of Judicature will shortly expire by its limitation And 
of the Agency. 

Ordend, the Cl of the Council do acquaint the house that the 2300, Bill is passed in 
Council. 

Adjourned till morrow morning. 



At A Council held at his Maties ffort in Newyorke, the 21 th of Aprill, 1G97. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

STEPH. CORTLANDT, ^ WILLIAM PINHORNE, ) ^ 

NICH. BAYARD, >Esqrs. WILL SMITH, $ 

GAB. MONVIELLE, ) 

A Bill passed the house for encouraging Collectors of the taxes was read a first 2 d and 3 d time 
and approved. 

The Bill to Enable the City & County of Albany &c in regard of the civill curtesys his 
Exct-Ilem-y did receive there last winter is passed without amendment. 

His Excellency the Governour and C mncil taking to consideracon the votes of (he house 
yesterday by which it appears they are proceeding upon the eornputacdn of a surplusage of 
former taxes appropriated to cenaine uses Have ordered Coll Cortlandt & Coll Bayard do 
acquaint the hous* with the .accounts and papers and the state of these taxes & arrearages and 
to acquaint them that His Excell & Council have passed the Bill for encouraging Collectors & 
Albany Bill. 

Coll Cortlandt and Coll Bayard did report that they had shown tl^e accounts and vouchers of 
the late taxes and the disposition of the levy money and have endeavoured the satisfaccon of the 
Assembly Who except against the groat a day pd for two soldiers that were absent upon 
furlougs and another taken prisoner into Can id a to the Captains the 4 d a day to the olh cers 
servants according to the usuall allowance notwithstanding by the Act of Assembly the money 
is left to his Excel Is disposall for encouragement of the Companyes And claim a right of altering 
the use of the surplusage for what men are wanting of the recruits. 

Adjourned till Afternoone. 

Afternoone. 

PRESENT His Exc llcncy BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ^ WILLIAM SMITH, ) p 

STEPH. CORTLANDT, > Esqrs. WILLIAM PINHORNE, > 

NICH. BAYARD, ) 

A Bill for continuing the Act Establishing Courts of Judicature was read a first 2 d and 3 d 
time. 

His Excell the Governour and Council do assent unto the Bill for continuing the Act 
Establishing Courts of Judicature being three times read. 

Ordered, the Clerke of the Council do acquaint the liouse that the Bill continuing the Act 
Establishing Courts of Judicature is passed in Council and desire to know if there is any thing 
to be offered this evening. 



1697.] Benjamin Fletcher, Governour. 109 

Who returned answer there is nothing. 

Williiim Merret Esqr brought into Council the answer of the house upon the peticon of him 
& others which was rend. 

His Excell desired the opinion of the Council as to the adjournm and prorogation of 
Assembly. 

His Excell the Governour & Council having under consideracon the opinion of the house of 
Representatives concerning the debts of the lute Slierriff s of Nassau & the peticon of M r Merret 
& others have formerly ordered the payment of what money is in the hands of the Receiver 
Gencrall since the reigne of his present M.ijes:ie to William Merret Esqr for the use of the sd 
creditors containd in the audite And do now order a warrant issue to the Attorney Genorall 
directing him to prosecute at Law the said Sheriffs for what debt is due to them on that 
account and that he have all the papers relating thereunto delivered him for that purpose. 

O dcrrd, Mr Mons^y Depty Receiver do give account how much money the sd Sheriffs that 
were indebted upon an audite anno 16S4 have brought in and paid of sd debts and how much 
is paid out again and to whom. 

Adjourned lill morrow morning 



At A Council held at his Majesties ffort in Newyorke, the 22" of Apr ill, 1G97. 

PRESENT His Excellency BENJAMIN FLETCHER, &c., 

FFRED. PHILIPS, ^ WILLIAM PINHORNE, ) p 

STEPII. CORTLANDT, > Esqrs. JOHN LAWRENCE, } 

WILLIAM SMITH, ) 

His Excellency hath the concurrance of the Council to adjourn the Assembly to the 21 th of 
September next. 

On/end, the Cl of the Council do waite upon the house to know if they have any further 
busiuesse to offer, who brought answer that they waited his Excellence s pleasure expecting to be 
dismissed. 

Ordered, the Clerke of the Council desire M r Speaker and the whole house to waite upon his 
Excell in Council Chamber forthwith in order to attend the publicacon of the Laws if it might 
not interrupt them in businesse. 

M r Speaker and the Assembly being present His Excellency said : 

M 1 Speaker and you Gentlemen Representatives : 

Finding that you were upon no businesse I sent for you to accompany me to the publicacon 
of f C La .vs We have made in the instance as has been usuall. 

There has been a great deal of time spent in needlesse debates the money which you first gave 
would have answered all that I did propose and what is done might have been finished in a day 
or two it is now neere a monili I am glad you are come to a conclusion at last And that those 
Gentlemen Coll Cortlandt and Coll Bayard have given you satsfaccon as to the accounts and 
vouchers it is no good signe of an honest man to beleive all others to be knaves and distrust 
every body. As I have heitherto so shall the money you have given be applyed to the uses 
for which you gave it and husbanded to the best advantage. 

I would have adjourned the Assembly f>>r a twelvemonth according to the opinion of some 
of yourselves but having in my thoughts the Agent or Agents You have appointed an agent 
and some care must be taken of him ; he has a family here and some of you know the charge and 
expense there is in London; care must betaken to supply him with what is necessary I am well 
assured of both their endeavours and diligence for tne service of this Province and if M r Nieoll 
can see any prospect of effecting anything either by bringing our neighbours under the same 
duty with us as to the warr and trade or procuring some of those things which is sett forth in 
the second memoriall he will tary to solicite and bring it to passe in which case care must be 
taken to furnish him with money which I expect to know before next fall and therefore I 
adjourne to the 21 lb of September next ; if otherwise care must be taken to furnish him with 
money to bring him home and if there is no occasion for yo r meeting then I shall adjourn or 
prorogue from that time till the spring of the year. M r Speaker I desire you to adjourne the 
house accordingly. 



110 Journal of. the Legislative Council of New York. 



[New York Col. MSS. XLI., 124.) 

BY His EXCELLENCY 

Collonel Benjamin, Fletcher Captain General and Goveruour in Chief of his Majesties Province of 

New York, Sfc. 

A PROCLAMATION 

THESE are to Publish and Declare to all whom it may Concern, That by and with the 
Advice and Consent of his Majesties Council Cor this Province, I have prorogued the 
Assembly to the Twenty Fifth Day of March next ensuing. And the Assembly of this 
Province is hereby PROROGUED accordingly. 

Given at Fort William Henry in Council the 21th daij of October, in the Nineth Year 
of the Reign of our Soveruign Lord WILLIAM the Third, by the Gracr of (iml 
K n f England, Scotland, France and Ireland, D< fender of the F/tltli, c. 
Annoq; Domini 1697. 

BEN. FLETCHER. 

God save the KING. 



[Nuw York Col. MSS., XLII., 1.] 

BY His EXCELLENCY 

Richard. Earl of Bellomont, Captain General! and Governour in Chief of His Majesties Province 

of New York, c. 

A PROCLAMATION 

WHEREAS I have thought it fit, for Plis Majesties Service, That the present Assembly of 
this Province of New-York, be Dissolved, and that a New One be forth-with Called, I do therefore 
Declare, That the present Assembly of this Province is DISSOLVED, and it is hereby DISSOLVED 
accordingly. 

Given at, New-York the Second Day of April, 1698, and in the Tenth Year of the 
Reign oj our Soveruign Lord, WILLIAM the Third, by the Grace of Gud, of 
England, Scotland, France and Ireland, King, D fender of the Faiih, fyc. 

BELLOMONT. 
God save the KING. 



SIXTH ASSEMBLY FIRST SESSIONS 
At A Council held at his Maties ffort in Xeicyorke the 18 * of May 98. 

PRESENT His Excellency RICH" Earl of BELLOMONT. 

FFRED. PHILIPS, } WILL. SMITH, 

STEPH. CORTLANDT/ p CHID. BROOKE, v F<snr . 
-K^ !-.._.__ > l^sfirs. IT.,, it.,, >Ji,sqrs. 



KICK. BAYARD, ? J WILL. PINHORNE, 

GAB. MONVIELLE: j JOHN LAURENCE, 

His Excellency did send the messenger to see if the Assembly were mett or the major part 
of thnin. 

Adjourned till morrow morning. 

May ID 1 * 1 . Adjourned till 3 a clock, afternoon. 



At A Council held at Xeicyork May the 19 A , 1G98. Afternoone 3 a clock. 

PRESENT His Excellency RICH D Earl of BELLOMONT. 

FFRKD. PHILIPS, ~\ WILLIAM SMITH, ") 

STEPH. CORTLANDT, (-p CHID. BROOKE. ( v 

NICII. BAYARD, /^ sc l ls WILLIAM PINHORNE, r 1 

GAB. MONVIELLE, J JOHN LAURENCE, J 

The Assembly, M r PHILIP FRENCH Speaker, being present, His Excell said 

Gentlemen, 

Mv voyage heither from England was very tedious and attended with great hardships, but 
since my being among you I have endeavoured to redeem that losse of time by applying 
my selfe diligently to the publick business in duty to his Majesty and that I might be the better 
enabled to serve you. 

I cannot but observe to you what a legacy my predecessour has left me and what difficulty* 
to strugle with a divided people, an empty Treasury a few miserable naked halfe starv d 
soldiers not halfe the number the King allowed pay for, the fortificacons and even the 
Governours house very much out of repair and, in a word, Gentlemen, the whole government 
out of frame ; to you therefore I recommend the consideracdn of these disorders as best 
becoming your prudence to apply the proper remedys and you may be sure of my hearty 
concurrence in every thing that will conduce to the extinguishing those heats and animositys 
among you which I fear have been of late years industriously cherisht and fomented arid to the 
curing all the other disorders and mischeifs among you. 

It has been represented to the government in England that this Province hath been a noted 
receptacle of Pyrates and the trade of it under no restriccon but the Acts of Trade violated by 
the neglect and connivance of those whose duty it was to have prevented it. I hope, Gentlemen, 
you will put all the discountenance imaginable on that flagitious crime of pyracy which is not 
only the worst sort of robbery but is for the most part attended with the horrid sin of murder, 
which is a great aggravation of that odious practice detested by all the civil nations of the 
world Tis not only injurious to the honour of his Majesty and the English nation, but also 
highly prejudicial to the trade of England and particularly to the East India Company, and the 
Gentlemen of the Council here present will bear me witness that my orders from his Majesty 
are very strict for inquiring into and effectually preventing for the future that lawless and vile 
trade of Piracy within my government. 

As I have declared myself against piracy and all unlawful! trade, so I must assure you I will 
give you all the encouragement I can possibly in carying on a Lawfull trade and every thing 
else tiiat will make you happy & nourishing. 

M ~ Speaker find yon Gentlemen Representatives. 

I hope you will take into your consideracon that the revenue is near expiring and that you 
will provide for the support of the government for the time to come, and therein give me leave 
to put you in mind that your duty and respect to his Majesty should be an argument to you 



112 Journal of the Legislative Council of New York. [ ^ ^ B .; 

not to lenve the Government destitute. It would be hard if I that come among you with an 
honest mind and a resolution to be just to your interest, should meet with greater difficultyes 
in the discharging of liis Majesties service than those that have gone before me. I will take 
care there shall be no misapplicacon of the publick money; I will pocket none of it my srlfe 
nor shall there be any imbezilment by others but exact accounts shall be given you when and 
as often as you shall require. 

I have onletvd all the accounts to be laid before .you that you may see the state of the debts 
of the government and take such course for the discharge of them as you shall think fit. I 
wish too von would consider how to restore credit to the government which I understand is 
now very low, if not wholly lost. 

I have ordered the Engineer to go and visit the fronteers and to report to me the state and 
condicon he finds the fortificacons in; vvhicli report I intend for you assoon as it comes to my 
hands. 

Gentlemen, I must remind you of the necessity there is of finding out some expedient to 
reconcile the partyes among you. I must own to you I set my heart so much on it that I shall 
think it the glory of my government to bring so good a work to pass. I desire therefore you 
will think of the proper methods to etFect an intire reconciliacon among you ; to be of one faith 
and one mind is not only an excellent Scripture rn e, but also a good maxim in government. 
Union amongst a people is the bond of peace and of streng h too. 

You cannot but know what abuses have been formerly in elections of members to serve in 
the Assembly which tends much to the subversion of your libertys. I do therefore recommend 
to you the making a law to provide against it, and that you will think of such other law as you 
will stand in need of to secure to this Province a lasting happiness, to which I promise you my 
concurrence. 

I sh-tll conclude, Gentlemen, with recommending that which is cheifly incumbent upon us 
all; an unvilable duly and allegiance to his Maje.-st.ie who by his valour has rescued us from 
the two greatest plagues that ever invested the world popery and slavery; and by that and 
his wise and temperate government has secur d us the free exercise of our holy pro estant 
religion, the enjoyments of our libertyes and estates, and as a further instance and illnstracon 
of the glory of his reign, his Maty has with repeated hazards of his precious life, procur d for us 
and all Christendom a glorious Peace; for which, Gentlemen, let us address his Majestic that 
he will be graciously [(leased to accept of the tender of our most humble duty and thanks. 

The Gentlemen of the Council did return their thanks to his Excellency for his favourable 
speech, and desire their consent to be entered thereunto. 
Adjourned till morrow morning. 

May 20 lh Adjourned till 3 a clock, afternoon. 



At A Council held at his Maties ffort in Newyork, the 20 * of May, 1698. Afternoon. 

PRESENT His Excellency RICH D Earl of BELLOMONT, 

FFEED. PHILIPS, ^ GAB. MONVIELLE, ^ 

STEPH. CORTLAXDT, > Esqrs. WILLIAM SMITH, > Esqrs. 

NICH. BAYAKD, ) WILLIAM PINHORNE, ) 

The Speaker & whole house did waite upon his Excellency in Council, & the Speaker read as 
folio weth : 

MIJ Lord, 

I cannot but reflect with my selfe when I consider of the trust my Country has reposed in 
me and especially the circumstances of my years and my litle acquaintance witli Assembly 8 ; 
but my loyalty to my King and good affeccon to my countrey will lead me only to seek the 
interest of all, and as yo r Lop. has laid a foundacon of our future happiness by recommending 
to us the burying of these heats which are grown to so great a height among us that the 
continuance of them must be the certain ruin of the Province and therefore I will on my part 
make it my study, in the house, to find out some expedient to bury them in oblivion, so that in 
the bchalfeof all tliegood subjects of this Province I must become an humble suitor to yo r Lop. 
that all endeavours may be used to suppress those that still continue industriously to foment them ; 
and as our future tranquillity cheifly consists in our rendring intire obedience unto that good and 
wholsom advice yo r Lop has given to us, so we find our selves obleiged with the greatest of 
thankfulness most dutifully to acknowledg it, arid we find nothing else in the way to interrupt 
the loyaH affeccon we bear to his Majestic but these unhappy heuts which, so soon as removed, 
will lead us with one heart & mind to support the dignity of his Majesties Government under 
yo r Excell administraeon, which we pray God and his Majestic so great a happiness may 
continue long with us. 



1698.] Richard Earl of Bellomont, Governour. 113 

Then the Speaker did addresse his Excellency in hcec vcrba, ss. 

I do my Lord in behalf of the house of Representatives demand their rights and priviledges. 
Impris that none of the Assembly nor their servants be arrested or molested during the 
sessions ; 

That they may have a freedom of accesse to yo r Excel I s person when occacon presents ; 
That they may have liberty of speech and a favourable construccon upon all debates that 
arise among them ; 

And that tliis their demand may be approved by his Excell & Council and accordingly entered 
in the Council book. 

By order of the house 

PHI FFRENCH, Speaker. 

His Excellency did thank them for their concurrence with what he had recommended and 
promised to protect them in all their just rights & priviledges, And ordered it to be entered 
accordingly. 

Adjourned till the 23 lh of May, 1G93. 



At A Council held at his Modes ffort in Newyork, May the 23 A , 1698. 

PRESENT His Excellency RICH" Earl of BELLOMONT, 

STEPH. CORTLANDT, } GAB. MONVIELLE, ) 

NICH. BAYARD, > Esqrs. CHID. BROOKE, > Esqrs. 

WILL. SMITH, ) WILL PINHORNE, ) 

A message was read brought up from the house by M r Beeckman &c desiring a Committe of 
the Council may be appointed to joyn a Committe of their house in the drawing up an Addresse 
to his Mitjestie. 

Ordered, Coll Steph Cortlandt & Coll William Smith be a Committe of this board to joyn the 
Committe of Assembly for that purpose and that they take the Attorney Generall to their 
assistance. 

Adjourned till morrow morning. 

May 24th. Adjourned to the first of June, 1698. 



At A Council held at Newyork, the first of June, 1698. 

PRESENT His Excellency RICH D Earl of BELLOMONT, 

FFRED PHILIPS, ^ WILL SMITH, ^ 

STEPH. CORTLANDT, ( -p CHID. BROOKE, > Esqrs. 

NICH. BAYARD, ^ JOHN LAURENCE, ) 

GAB. MONVIELLE, j 

The Addresse to his Majestic enrolled on parchment was read in the presence of the Council 
and Assembly, and being approved, first his Excellency did sign, the Leiv Governour the 
Council and Assembly in haec verba : 

To the KING S Most Excellent MAJESTY. 

The humble Address of RICHARD Earl of BELLOMONT, your Majesties Governour, the Leiv 
Governour, Council & Representatives of yo r people in yo r Majesties Province of Newyork, 
convened in Generall Assembly. 



15 



114 Journal of the Legislative Council of New York. 






M/ii/ it please Your MAJESTIE. 

We your Mnjesties most dutiful! and loyall subjects convened in Generall Assembly, do 
esteem it our cheifest duty to lay at your royal I feet our bumble thanks and beany 
congratulations for yo r Majesties safe returne unto Yo r kingdom of England after that Yo r 
Miijestie had exposed Yo r Royall person to many great hazards for the subdueing the enemy 
of Christendom, which by your auspicious conduct and the glorious success of yo r arms, hath 
been effected to such a degree as to produce the most honourable & most advantagious peace 
that ever happen d to the Christian nations in Europe. 

And tho we Yo r Majesties most dutifull and loyall subjects are in one of the least 
Dominions Yo r M;ijestie possesseth in Yo r Empire in America, Yet we have more than a 
common share in the great satisfaccon which all Yo r Majesties Subjects expresse upon this 
joyfull occasion, we cannot but esteem our selves peculiarly happy in having so victorious a 
Prince as Yo r Majestie who by yo r unparaleld valour have brought so great renown unto the 
English nation, even to an height exceeding the glory of any of yo r Majesties Predecesaours. 

We must also with the greatest of thankfulness acknowledg yo r Majestie to be the glorious 
and only instrument in delivering yo r kingdoms from popery and arbitrary power to which 
they were so much expos d in thr- late reign, and We are sensible that the security and safety 
of those kingdoms and yo r Majesties Dominions depending thereon do cheifly consist in the 
long life and happy reign of Yo r Majestic over UM. We therefore most humbly beg yo r 
Majesties gracious acceptance of these our congratulations & acknovvledgm" which are ottered 
to Yo r Majestie with the purest of dutifull affeccon which calls us to give Yo r Majestie assurance 
that under God We do acknowledg all these blessings we enjoy to be wholly owing to Your 
most Sacred Majestie; so that we s uill only improve them to the increase of our duty and 
affection to Yo r Majestie and incessantly make our prayers and supplicacons to the King of 
Kings for Yo r Majesties long l.fe and prosperous and glorious reign over us. 

wus signed by the Governour, L l Governour, Council & Assembly, the Attorney Generall and 
Clerk of the Council. 

A Message from the house was read desiring the accounts of the addiconall duty and taxes be 
laid before them. 

Older* J, Coll. Cortlandt do prepare the accounts of the addiconall duty and the Receiver 
Generall the accounts of the taxes to be laid before them forthwith. 

Adjourned to the fourth of June. 

4 th June, 1G93. Adjourned to the 7 th June 

7 lb June, 1698. Adjourned till morrow morning. 



At a Council held at his Maties ffort in Newyorke the 8 lh of June, 1G98. 

PRESENT His Excellency RICH" Earl of BELLOJIONT, 

FFEED. PHILIPS, ~) GAB. MONVIELLE, ) ^ 

NICH. BAYARD, > Esqrs. JOHN LAURENCE, ) 

WILL SMITH, ) 

His Excellency did communicate a message from the house praying a Committe be appointed 
to joyn a Committe of Assembly for the drawing of a Bill for reconciling of partyes. 

Ordered, Coll Smith, Coll Bayard and L Coll Monvielle be a Committe to joyn the 
Committe of Assembly in the drawing sd Bill, accordingly the Attor. Gen" is ordered to be 
assistant in it 

Coll Smith proposed the recommending to the Assembly the following matters to their 
consideracon viz . 

That the Act of establishing Courts of Judicature will expire by its own limitation in 
October next. 

That the inferiour Courts of common pleas in the Countys as established are inconvenient 
by reason three Justices are appointed with one Judge in each county, three of which are a 
quorum & two of the four being sick or absent, the court cannot proceed, by which means 
justice has been often delayed. 

And that drunkenness and debauchery cannot be suppressed by authority as it ought, for 
want of an explanation of the clause in the Act of the revenue relating excise & suppressing 
unlycensed tipline houses, all which is agreed to. 

Ordend, Coll Smith do deliver these minutes, explain the clause recommended to the 
Assembly and appoint the time and place of the meeting of the Committes. 

Adjourned till morrow morning. 



1698.] Richard Earl of Bellomont, Grovernour. 115 

At A Council held at his Mattes ffort in Neivyorke the 9" 1 June, 1698. 

PRESENT His Excellency RICH" Earl of BELLOMOXT, 

FFRED PHILIPS, } GAB. MONVIELLE, ^ 

STEPH. CORTLAXDT, > Esq WILL SMITH, > Esq 

NICH. BAYARD, ) Jonx LAURENCE, ) 

The peticon of six members of Assembly remonstrators who have left the house and their 
remonstrance read. 

Ordered , a copy of their peticon be got ready for the house, the consideracon of an answer is 
put of till morrow morning. 

Adjourned till morrow morning. 



At a Council held at his Mattes ffort in Ncwyorke the 10" 1 of June, 1698. 

PRESENT His Excellency RICH" Earl of BELLEMOXT, 

FFRED. PHILLIPS, ~) GAB. MONVIELLE, ) 

STEPH. CORTLAXDT, > Esqrs. WILLIAM SMITH, ) 

NICH. BAYARD, ) 

His Excell did order the Clerk of the Council to call M r Speaker & the whole house. 

M r Speaker and the whole house being present his Excell did acquaint them of the peticon of 
the (5 Remonstrators and ordered it to be read. Which done his Excell did advise them to 
moderacon and told them the opinion of himselfe and the whole Council that he cannot medle 
in that matter, the house alone being the sole judges of any difference arising amongst 
themselves, and advised them to accommodate matters speedily, that they may go on 
unanimously in the service of the King & the puhlick. 

Adjourned till the 14 ch . 



At A Council held at his Maties ffort in Newyorke June the 14 *, 1698. 

PRESENT His Excellency RICH" Earl of BELLOMOXT. 

FFRED. PHILIPS, } GAB. MONVIELLE, > 

NICH. BAYARD, > Esqrs. THOMAS WILLETT, ) 

WILL"" SMITH, ) 

His Excellency did acquaint the Council that the heats and animositys in the Assembly were 
so great they did altogether obstruct the Kings service; that this matter is unpresidentall and 
no means can be found out effectuall to reconcile the difference and his Majesty having intrusted 
him with the prerogative of adjourning, proroguing & dissolving of Assemblys, he must now 
make use of that authority & did declare his purpose to dissolve the Assembly. 

Ordered, to be read a protestation of the six remonstrators on behalfe of the Countys they 
represent against all laws that may be made by this Assembly. 

Tne Cl of the Council was ordered to call AI r Speaker & the whole house being all present, 

His Excell said : 

Gentlemen of the Assembly, 

You have now sat a whole month without any interruption by me, and have done nothing 
either for the service of his Mfljestie or the good of yo r Countrey, except the Addresse to his 
Matie for which I thank you. I am sorry yo r carriage since hath been so contrary thereto that 
it is absolutely necessary for the Kings service and the safety and peace of the government 
that you should be dissolved. Your proceedings have bin so unwarrantable, wholy tending 
to strife & division, and indeed disloyal to his Majestie and his laws and destructive to the 
rights and libertys of the people, that I do think fit to DISSOLVE this present Assembly, and it is 
DISSOLVED accordingly. 



116 



Journal of the Legislative Council of New York. 



[IN EXECUTIVE SESSION.] 

19 tt January, 169 1-. 

The Councell unanimously agreed that it was absolutely proper and reasonable that an 
Assembly should be called to meet on Thursday, the second of next March. And the Secretary 
was sent for before his Excellency and Councell, and ordered to issue writts imediately for 
calling an Assembly to meet and sitt on the said second day of March. 



1698.] Richard Earl of Bellomont, Governour, 117 



PROVINCE OF NEW YORK. 
SECOND ASSEMBLY FIRST SESSIONS. 
Minutes of Councell passed during the Sessions of the Assembly. 

At A Councell held at ffort William Henry the second day of March, 1698. 

PRESENT Hn Excellency RICHARD Earl of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor. 

STEPHEN CORTLANDT, ) SAMUELL STAATS, ) E 

ABRAHAM DEPEYSTER, > ROBERT WALTERS, $ 

The rest out of towne. 

Gabricii Ludiow M r Gabriell Ludlow took the oaths appointed by Act of parliament to be taken 
instead of the oaths of Allegiance and Supremacy, with the oath of Clerk of the Assembly of 
this province, and subscribed the Test and Association. 

His Excellency ordered M r Ludlow to acquaint the Gentlemen of the Assembly thnt his 
Lordship desired their attendance (mediately and in the mean time acquainted the Council 
that in Consideration that there were but few of the members in Town it was his opinion they 
should be adjourned till this Day seavennight which the Councell approved of; and the said 
Assembly being present his Excellency adjourned them till Thursday the ninth Instant and 
they are hereby adjourned accordingly. 



At a Councell held at ffort William Henry, the ninth day of March, 1698. 

PRESENT His Excellency RICHARD Enrlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ~) SAMUELL STAATS, > 

WILLIAM SMITH, > Esqrs. ROBERT WALTERS, J 

ABRAHAM DEPEYSTER, ) 

His Excellency was pleased to Adjourne the Assembly lill munday the thirteenth Instant and 
they are hereby adjourned accordingly. 



At A Councell held at ffort W m Henry, the Thirteenth day of March, 1698. 

PRESENT His Excellency RICHARD EarJe of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT WALTERS, ) ^ 

WILLIAM SMITH, > Esqrs. SAM" STAATS, sick, ) s ^ rs 

ABRAHAM DEPEYSTER, ) 

The rest out of Towne. 

His Excellency Adjourned the Assembly till to morrow morning Ten of the Clock many of 
the Representatives not being yet come to Town, and they are hereby adjourned accordingly. 



118 Journal of the Legislative Council of New York. [ sw. 

^ ^4 Councell held at ffort William Henry, the fourteenth March, 1698. 

PRESENT His Excellency RICHARD Enrle of BELLOMONT, &c., 

Captttin JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ) ^ ABRAHAM DEPEYSTER, ) v 

WILLIAM SMITH, J Lsqrs ROBERT WALTERS, $ 

His Excellency Adjourned the Assembly till to morrow morning ten of the clock, many of 
the Representatives not being yet come to Town, and they are hereby adjourned accordingly. 



At a Councell held at ffort W m Henry, the 15"" of March, 1G98. 

PRESENT His Excellency RICHARD Enrlc of BELLEMONT, &c., 

Cui>tain JOHN NANFAN, Lieutenant Governor. 

STEPHEN CORTLANDT, } SAMUELL STAATS, 

WILLIAM SMITH, > Esqrs. ROBERT WALTERS, 

ABRAHAM DEPEYSTER, ) 

His Excellency adjourned the Assembly till to morrow morning ten of the Clock, many 
of the Representatives not being as yet come to Town, and they are hereby adjourned 
accordingly. 



At a Councell held at ffort W m Henry, the 1G" 1 March, 1G98. 

PRESENT His Excellency RICHARD Enrlc of BELLOMONT. &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANT, ) SAMUEL STAATS, ) E 

WILLIAM SMITH, > Esqrs. ROBERT WALTERS, ) 

ABRAHAM DEPEYSTER, ) 

His Excellency adjourned the Assembly till munday morning ten of the Clock, the 
Representatives not being all come to Town yet, and they are hereby adjourned accordingly. 



At a Councell held at ffort W" Henry this 20 A March, 1698. 

PRESENT His Excellency RICHARD Eurle of BELLOMONT, &c., 

STEPHEN CORTLANDT, ) ,-, ABRAHAM DEPEYSTER, ) 

WILLIAM SMITH, J bs( l rs ROBERT WALTERS, 5 



His Excellency adjourned the Assembly till to morrow morning ten of the Clock, and they 
are hereby adjourned accordingly. 



At a Councell held at ffort W n Henry this 21 A March, 1698. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

STEPHEN CORTLANDT, ) P ABRAHAM DEPEYSTER, ) -^ 

WILLIAM SMITH, j * ROBERT WALTERS, ) i 

SAMCELL STAATS, Esqr., sick. The rest out of Town. 

Coll William Smith and Coll" Abraham Depeystcr did return to this board that they had 
Administered the oathes, Test and Association to the Representatives of this province, there 
being nineteen in number then present. 

His Excellency ordered the (Jlerk of the Council! to waite on the Representatives Convened 
in Generall Assembly, and acquaint them that his Lordship was now in Couucell and desired 



1698.] Richard Earl of Bellomont, Governour. 119 

thiit they would proceed to the Election of a Speaker and that when they had so done they 
would attend his Excellency and Councell at the ffort, and present their Speaker. 

The Assembly presented James Graham Esqr their Speaker, to his Excellency and desired his 
Excellencies approbation. 

The Speaker made a modest Apology. 

His L >rdshipp Confirmed their choice. 

Then the Speaker desired his Excellencies confirmation of their ancient Rights and priviledges 
first mentioning them ore tc/ms and then laying them in writing before this board, desiring that 
to avoyd mistakes they might be entred in the Councell book ; which was ordered to be entered 
accordingly and follow in hate verbu: 

House of Representatives, Die Martis Ante Meridiem 21 Martij. 

Ordered, M r Speaker upon his being approved by his Excellency in Councell, That he demand 
in the behalfe of this house : that they may have their former Rights and priviledges confirmed 
unto them. 

Imprimis, that none of their members nor their servants may be arrested or molested dureing 
the Session ; 

That they may have freedom of Accesse to your Excellencies person when occasion offers; 

That they may have liberty of speech and a favourable construction upon all the debates that 
may arise amongst them ; 

That in all misunderstandings that may happen to arise between the Councell and this house 
upon any subject matter which shall be concluded by them, that theii in such case a Comittee 
of the Councell may b^ appointed to confer wi h a Comittee of this house for the adjusting and 
Reconciling all such Differrences and that these their Requests may be approved by his Excellency 
and Councell and entred in the Councell book accordingly. 

By order of the house of Representatives. 

JA : GKAHAM, Speaker. 

His Excellency promised that he would protect them in all their just Rights and priviledgea 
and ordered it to be entred accordingly. Then his Excellency sayd : 

My Lords speech. Gentlemen. 

There had been no occasion for calling you at this time, if the last Assembly had answered 
the good ends I proposed to my selfe for the Kings service and that of the province. But having 
salt a whole month and done no businesse, I thought it adviseable to dissolve them ; and the 
rather, because there were great heats and divisions among them, which I i ound Impracticable 
for me to compose and put an end to. 

You need not be told to what a degree, ffaction and sedition have taken root in this Town ; 
tis a thing so generally known. And there has been the utmost Industry used by some ill men 
to spread the Infection all over the province, and to alienate the affections of the people by false 
suggestions and notions of their Independance from the Crown of England, and that tis a violence 
and wrong done em that England should put a Limitation on their trade. How Extravagant 
and wild is this notion. Does not England putt a Resiriction on its own trade in some cases? 
And as for pyracy, which some people are soe lond of here, tis held in such Abomination as not 
to be known or practis d there. People must not be soc deceived ; this province is subject to 
the Crovyn of England, and it is its greatest glory and happiness that it is so. ffor by that meanes 
the people are entituled to the protection of the Crown, and are under the best Constitution of 
Laws, and that in fellowship with the best and bravest people in the world, the people of 
England ; and they must be obedient to English laws, tis their duly and Interest so to be And 
the angry men of New-York must not Expect from me that Connivance at their ill practices 
that they were accustomed to some years before my coming to the Government: The oath of a 
Governor, the Laws of England and the Kings Instructions, which are made to square with the 
Laws are sacred tyes and obligations with me. 

I have observed great marks of Irreligion and Immorality in this place, and I take it to proceed 
from a long habit of breaking the Laws, which has Introduced Licentious and Dissolute Living. 
And nothing can rectify and Reform our Lives and manners but Religion. Religion is of that 
admirable frame and temper, it inflames us with a true devotion to our great M iker, which is 
our most reasonable service. Then it fits us for all the ends of Civill Society, by uniting our 
minds, affections and interests, it makes us good men : And good men will of Course be good 
friends, good neighbours, good subjects, and good patriots, that is, Lovers of their Countrey and 
obedient to its Laws. 

Now that I have stated to you the unhappy circumstances that we are in by the contrivance 
of ill men, I shall proceed to Recomend to your thoughts a few things which are necessary for 
the support and peace of the Goverment, and will be a manifestation of your Duty and 
Affection to the King. 



120 Journal of the Legislative Council of New York. [ l ^ ; 

I therefore propose to you, Gentlemen of the house of Representatives, the continuance of 
the present Revenue (which will otherwise shortly expire) for what number of years you shall 
think fitt. I found the Goverrnent very considerably Indebted when I came to it, and it cannot 
be Expected that Debt should be much lessened in soe short a time as I have been here. I 
could wish you would put the Goverment on a clear foot by finding a way to discharge that 
debt. 

The publick Accounts I have ordered to be prepared for you, with an estimate of the debts 
of the Goverment. I promise you I will be as good a husband of your money as tis possible 
for me to be: and when tis either mis-apply d or mis-manag d by my means, I shall not take 
it amiss if you put me in mind of my want of Care therein. To Induce you to the Continuance 
of the Revenue to ihe Crown, I cannot sett before your eyes a better example than that of the 
great and glorious people of England, who out of the sence of the Inestimable advantages they 
were Restored to by the King, freely and without the least murmuring, supported him in a long 
and expensive war, well knowing he bravely fought for the Liberties of all the Christian 
world, and that they had as great a share as any others in that Quarrell ; wherein also his Majesty 
often ventured his Royall person with the meanest Souldier in his Armies. Beside, the King 
Considering this province as a Barrier between the ffrench of Canada, and his oilier plantations 
and therefore most Exposed, was pleased to take a peculiar care of you, having been at great 
Expense this last warr, in paying for four hundred men and maintaining a man of war for your 
Defence and Constantly supplying you with stores of warr. These are such obligaiions as I 
hope you will not only remember in the manner I have now Recomended, but also with your 
earnest prayers to God for his Majesties long life and prosperous Reign over you. 

The next thing I Recomend to you, is the Reconciling of people and parties, which will be a 
glorious work, and will, I doubt not, be easily accomplish d by your prudent care You all 
know the mischiefs, both publick and private, that ffeuds and divisions bring on a people or 
nation. They cause an Interruption in Trade by discord they make in private fl ainilies and 
ffreindships; and next to a Civill war, tis the most unhappy Stale and Condition a Countrey can 
be in. I will heartily joyn with you in such methods as shall be thought adviseable for the 
procurement of a thorow Reconciliation of parties. And that you may Induce others to be 
peaceably and Charitably minded, I earnestly Recomend to you, Gentlemen Representatives, 
that you manage your debates and proceedings in your house with that Calmness and 
Moderation that becomes the prudence of men that are under such a Trust from their Countrey. 
The present Conjuncture requires it at your hands: The King will thank you, the world will 
applaud you for it; and God will bless and prosper you and your affaires. 

I must acquaint you with the Circumstances of our ffive Nations of Indians, with whom I 
had a Conference this last Sumer at Albany, and then fix t their ft reindship and ffidelity to the 
Crown by extraordinary presents and kind usage; and they parted with me in all the good 
humour imaginable. But I am lately advised they are grown very uneasy and disatisfied at the 
ffrench Governor of Canada s detaining some of their friends prisoners, notwithstanding the late 
Treaty of peace, which is a very unt aire practice in that Governor. You shall have all the 
memorialls and proceedings with our Indians layd before you, that you may advise me what 
measures to take lor preseiving them firm to the Interest of the Crown and this province, which 
is a thing of very great Consequence, and deserves as much as any thing whatsoever to be the 
subject of your thoughts and Determination. 

I am ordered by the Kings Instructions to prepare and offer you two or three Bills for your 
passing, which will be for the service of the province. And such other Bills as you shall judge 
proper to offer me for securing your Liberties, and advancing your Trade, I promise you my 
Assent to their passing into Laws, provided they be not Repugnant to the Laws and Interest of 
England. 

The Rppresentatives withdrew out of the Councell Chamber. 

Coll" William Smith at the Request of the rest of the members of the Councell did Addresse 
himself to his Excellency in the words following: 

My Lord, 

I am desired by and do in behalf of the members of his Majesties Councell here present, 
acquaint your Excellency that with much satisfaction we have duly observed what your 
Excellency in the speech you have now made have been pleased to Recomend to the 
Representatives of this province, wherein your Excellency hath fully and cleerly with great 
prudence pressed what will best deserve their present Consideration and what we humbly 
conceive tends highly to the honour and Interest of his most sacred Majestic, and the gre;it 
good and prosperity of this province, and as we do heartily Concurr with your Excellency 
therein, soe we do assure your Excellency of our chearfull readynesse soe to assist your 
Excellency that your good intentions may have their full effect, and doe humbly thank 
your Excellency for the great care and Affection your Excellency hath manifested to this 
province, and pray that what we have now sayd may be entred in the Councell Book. 

His Lordship thank d them for their Concurrence with what he had Recomended to the 
Assembly. 

Adjourned till to morrow morning. 



1699.] Richard Earl of Bellomont, Governour. 121 

At A Counsdl held at ffort William Henry this Two and Twentieth day of March, 1698. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUELL STAATS, ) j, r , 

WILLIAM SMITH, > Esq" ROBERT WALTERS, > 

ABRAHAM DEPEYSTER, ) 

The Petition of Richard ffloyd Read and Referred to be Considered of till to morrow 
morning. 

Adjourned till to morrow morning. 



At A Councell held at ffort William Henry this Three and Twentieth day of March, 1698. 

PRESENT His Excellency RICHARD E irle of BELLOMONT, &c., 

STEPHEN CORTLANDT, ^ SAMUELL STAATS, ) -p , 

WILLIAM SMITH, > Esq ROBERT WALTERS, j 

ABRAHAM DEPEYSTER, ) 

Upon Reading the Return made by the Justices who were directed by a precept from this 
house to seize a drift whale which came on shore at the Mannor of S Georges in the County of 
Stitfulk on the Island Nassau and to put the same into the possession of the person there 
Impowered by his Excellency on his Majesties behalfe to have the Charge, care and Custody of 
all Drifts in that County to the Intent his Majesty and his Subjects may have legall right and 
Justice done them. 

This house are unanimously of opinion that his Majesties right to all Drift Whales is 
unquestionable, where the Subject can make no just claim of having killed them, that for any 
private person to cutt up and carry away any Drift Whales soe come on shore not having 
himself killed the same, is a high Contempt of his Majesties authority and Derogatory of his 
Majesties Right. That it plainly appeares to this house that Richard ffloyd junior who hath 
been Complained of for cutting up and carrying away such a drift Whale, well knew who 
was Impowered by his Excellency the Governor to secure such drifts, and that it is notoriously 
known to all persons who goe on whaling on the beach where said whale came on shore, the 
person so Impowered had promised a sufficient Reward to any person who should give him or 
those Imployed by him notice of any such Drifts coming on shore; all which notwithstanding, 
it is apparent to this house that the said ffloyd in Contempt of his Majesties Royall Right and 
authority, in a private and Clandestine manner, Imployed severall persons to cutt up and Remove 
the said Whale before ever he had any order, power or direction even from the prtended 
owners, as is untruly alleadged in his petition to this house. That from the Acknowledgment 
of the said ffljyd and others sufficient Information this house are very sensible that by such 
and the like practices his Majesty hath been totally defrauded of severall Drift Whales cast on 
shore on this very beach without any wound, and to which no person could ever make claim, 
by the secret practices of ill Disposed persons who have (as now) cutt up and removed sayd 
Drifts, Concealing the same from those Imployed on his Majesties behalfe to secure the same 
for his Majesties use, pretending they have killed the same, which is hard, if not Impossible, to 
prove, when the Whale is cutt in pieces and Removed. 

For Remedy of which and the like undue practices for the future, this house are of 
opinion it is for his Majesties honour and Interest ; that the matter of this Whale cutt up by 
ffloyd be further Inquired into, and that the Cheif Justice be required upon his Coming home 
where said whale stranded to Examine upon oath all such Witnesses as may be useful! in 
Discovering the truth ; how this matter hath been managed, and that he be directed and 
Impowered to Require any Sheriffe his Deputy or other civill officer or person by prascept 
under his hand and scale to surnons all such persons to appeare before him and give testimony 
thereof who he shall have notice can give Testimony in that matter. And that all such persons 
who shall Refuse to appear, or appearing to Discover the truth upon their oaths, be sumoned 
forthwith to appear before this house, and that a Return be made of his doings herein within 
ten days of the date hereof, ffor which service and in Regard of his long absence from his 
fiamily in this City, attending his Majesties Service, at his Request, this house have thought fitt 
to Lycense the said Coll Smith to retire to his Mannor of S Georges for one week, and upon 
due Consideration of what hath been offered concerning the said Richard ffloyd, this house are 
of opinion, and it is hereby ordered that he be Comitted into the Custody of the Sergeant at 
Arms, and that the said ffloyds petition, and the whole of what hath passed in this house on 
that head be Referred and Recomended to the Attorney Generall to the end the said ffloyd 
may on his Majesties behalfe be further prosecuted as the Law will allow. 
16 



122 Journal of the Legislative Council of New York. [ Ji 

At a Councell held at ffort William Henry, this Thirtieth day of March, 1698. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUELL STAATS, ? p , M 

ABRAHAM DEPEYSTER, > Esq" ROBERT WALTERS, ) " 

ROBERT LIVINGSTON, ) 

Coll Stephen Cortlandt one of the Comissioners for Collecting and Receiving the Revenue of 
this province produced to this board a List of the debts of the Government. 

Ordered, that the Said Coll Stephen Cortlandt do carry the same to the house of 
Representatives. 

Adjourned till to morrow morning. 



At a Councell held at ffort William Henry, this one and Thirtieth day of March, 1698. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUELL STAATS, ) 

ABRAHAM DEPEYSTER, > Esq" ROBERT WALTERS, ) 

ROBERT LIVINGSTON, ) 

A Message from the house of Representatives by Abraham Gouverneur and John Jackson 
Esqrs acquainting his Excellency that the house desired to attend his Lordship with an 
Addresse. 

His Lordship answered, that he was ready to Receive them. 

The house of Representatives being present the Speaker read the following Addresse to his 
Excellency : 

House of Representatives. 
The humble Addresse of the Representatives Convened in Generall Assembly. 

May it please Yo r Excellency. 

The Representatives Convened in Generall Assembly are so sensible of the great Service done 
to his Majesty and this province, in the negotiation your Excellency had with the five Nations 
of Indians, when your Lordship was at Albany, That they cannot but with the greatest fervency 
of Affection Expresse their acknowledgments thereof, having observed by your Excellencies 
great prudence and conduct in that matter you had sweetened their humour which had been 
much sowered by the great disappointm" they had formerly mett with which Inraged them to 
such a degree that if your Excellencies care had not, Intervened they would have deserted their 
friendship to this province, and gone over to the ffrench which would have made the peace more 
greivious to all the Inhabitants than the late warr. 

Therefore we most humbly Assure your Lordship in the deep sence of the great advantages 
which all the Inhabitants of this province have obteined by your Lordships prudent management 
of that negotiation that we will with the utmost of our power and abilities assist your Excellency 
in the Administration of your Lordships Government, and pray for your Lordships prosperity 
and long rule over us, for the honour of his Majestic and the welfare of the Inhabitants of this 
province. 

<$ order of the house of Representatives 

JA: GRAHAM, Speaker. 

Then his Excellency said to the Assembly, 

Gentlemen 

I thank you for the Complement you make me on the score of my managment of the flfive 
Nations of Indians. Whatever service I have done in that matter, it was my duty to do it and 
I promise you while I am among you the same duty will lead me to do the King and this 
province the best service I possibly can. 

Adjourned till Munday morning, nine of the clock. 



1699.1 Richard Earl of Bellomont, Governour. 123 

J 

At a Councett held at ffort William Henry, this third day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ ROBERT LIVINGSTON, ^ 

WILLIAM SMITH, > Esq SAM" STAATS, > Esq" 

ABRA: DEPEYSTER, ) ROB WALTERS, ) 

The petition of Richard ffloyd read, and Coll Smith having Reported to this board his 
proceedings in the matter of the said Whale the Said Coll Smith is directed to putt his said 
Report in writing and that the said Report and what Evidences the said Coll" Smith hath taken 
in that matter be Delivered to the Attorney-General! in order to his prosecution of the said 
ffloyd, and that it be referr d to the said Attorney-generall to take such baile for the said ffloyds 
appearance as he shall think fitt. 

Ordered, that the Sergeant at Arms do bring the said Richard ffloyd to this house to morrow 
morning eight of the Clock and that he sumons Cap : Samuell Mulford to appeare at the same 
time. 

Adjourned till to morrow morning. 



At a Councett held at ffort William Henry, the fourth day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ ROB LIVINGSTON, ) 

WILLIAM SMITH, > Esq" SAM" STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

Ordered, that Richard ffloyd now in the Custody of the Sergeant at arms be discharged paying 
his fees. 

Ordered, that if Captain Samuell Mulford do make appear to Coll \V ra Smith that the whale 
lately come on shoar on the Mannor of Saint Georges, was killed by persons Imployed by him 
that then the said Coll Smith do deliver the Oyle and Bone putt into his possession by virtue 
of a former order of this house to the said Captain Mulford. 

Adjourned till to morrow morning. 



At a Councett held at ffort William Henry, thisjifth day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 
The rest as yesterday. 

His Excellency producing a paper brought down by Jan Baptist van Epe from Onnondaga 
relating to the ffive Nations of Indians, 

Ordered, that the same be transmitted to the Assembly and Samuell Staats and Robert 
Walters Esqrs are hereby desired to carry the same and to desire that the house of Representatives 
will Imediately take the said matter into theire Consideration, there being an absolute necessity 
for their soe doing; as likewise the whole Bussinesse of the Indians which was Recomended by 
his Excellency in his speech to the said house. 

Adjourned till to morrow morning. 



124 Journal of the Legislative Council of New York. 



At a Councdl held at ffort William Henry, this Sixth day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

STEPHEN CORTLANDT, ^ ROBERT LIVINGSTON, } 

WILLIAM SMITH, > Esq" SAMUELL STAATS, > Esq" 

ABEA : DEPEYSTER, ) ROBERT WALTERS, ) 

A Message from the Assembly to this house by Abraham Gouverneur and Leonard Lewis 
Esq rf desiring a Comittee of the Councell to Conferr with a Comittee of the Assembly about 
the message sent yesterday concerning the Indian Affaires to the Assembly from this house. 

Ordered, that Coll Stephen Cortland, Coll William Smith, Robert Livingston, Samuell 
Staats and Robert Walters Esq" doe meet the Comittee of the Assembly at the house of Coll 
Cortlandt at four of the Clock afternootie. And that the Gentlemen of the Assembly appointed 
to be of the said Comittee are desired to bring with them all the papers sent by his Excellency 
to the said house together with all other papers in their Custody relating to the said matter. 

Adjourned till to morrow morning. 

At a Meeting of the Comittees of Councell and Assembly at the house of Coll" 
Stephen Cortlandt in New York the sixth day of Aprill, 1G99. 



STEPHEN CORTLANDT,~ 
) WILLIAM SMITH, 

Of the Councell, <^ROBT. LIVINGSTON, 
/SAM" STA 



t.^--\iU k?!AAlBf X /~\L ^1 A I 1 

ROBERT WALTERS, 3 Of the Assembl y 



HENDRICK HANSEN, 
JOHANNES BLEEKEK, 
Jon" DEPEYSTER, 
LEONARD LEWIS, 
K ln RANSLAER, 
RYER SCHERMERIIOORN, 
AURA : GOUVERNEUR, 
MATIIEW HOWELL. 



Resolved, that messengers be sent to the Meeting of the Indians at Onnondage with 
Instructions. 

The Assembly Recomend Johannes Bleeker and Captain John Schuyler for the said service, 
And that Arnout Cornel isse Viele and Jan Baptist van Epe goe with them as Interpreters, or 
such other persons as his Excellency shall think fitt with necessary Instructions. 

Resolved, that Robert Livingston and Samuell Staats Esq" members of the Councell, 
Abraham Gouvernour, Johannes Bleeker, Ryer Schermerhoorn, William Ran si aer arid Hendrick 
Hansen of the Assembly doe draw up Instructions this Evening for the said persons to carry 
with them, and that the said Comittees doe meet again to morrow morning Eight of the 
Clock to Consider of what shall be drawn up by the s d persons. 

The. seaventh day of April], 1699. 

PRESENTIBUS Eisdem. 

The Instructions for Johannes Bleeker and Captain John Schuyler being drawn up by the 
persons appointed thereunto by the Comittees, were Read and approved of. 



At a Councdl held at ffort William Henry this seaventh day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earlc of BELLOMOXT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, ) 

WILLIAM SMITH, > Esq" SAMUELL STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

Johannes Carfbyle, Henry Pearson, Jacob Rutsen and Daniell Whithead Esq" from the 
Assembly delivered to his Excellency in Councell A Bill for Indempnifying all such persons as 
were Excepied out of the Generall Pardon made by Act of Generall Assembly of this province in 
the yeare of our Lord 1691. 

Ordered, the said Bill be read the first time. Which was done, and ordered a second 
Reading to morrow morning. 

Adjourned till to morrow morning 



1699. J Richard Earl of Bellomont, Govemour. 125 


At a Councell held at ffort William Henry (his Eighth day of Aprill, 1699. 

PRESENT His Excellency RICHARD Eurlc of BELLOMONT, &c., 

Capt JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ SAMVELL STAATS, 

WILLIAM SAIITH, > Esq ROBERT WALTERS, 

ABRA : DEPEYSTER, ) 

The Bill for Indempnifying &c a Read the second time. 

His Excellency Acquaints the Councell that having read over the Bill for Indemnifying ;ill 
such persons as were Excepted out of the Generall pardon made by Act of Generall Assembly 
in this province in the year of our Lord 1691, which was sent up to himselfe and the Councell 
yesterday by messengers from the house of Representatives, he is of opinion the Bill is well 
enough drawn to answer the end and design thereof; only there are some few Literall Mistakes 
which he has marked in a paper which he now delivers at this board, and desired if the 
Gentlemen of the Councell have any Amendments to offer they will doe it, otherwise that they 
will peruse the Amendments conteined in the paper aforesaid, and if they approve thereof, that 
thev will joyne with him in Returning the Bill and Amendments to the house of Representatives 
by Messengers from this board. This board doe agree to the said Amendments and order that 
the said Bill together with the Amendments be sent down to the Assembly to desire their 
Concurrence with the same. And this board does desire Samuell Staats and Robert Walters 
Esq" to Carry the said Bill and Amendments to the house of Representatives. Which 
Amendments follow vizt. 

In folio 3 Line 5 h leave out the word [never] and put in [ever]. In folio 4 Line S b Leave 
out the word [other]. In folio 4 Line 9 lh Leave out the word [persons], and Recite all the 
names before Recited, Except Jacob Leisler, Jacob Milburne and Abraham Gouverneur whose 
Attainders are Reversed by the before-mentioned Act of parliament in England. In folio 4 
Line 10 lh between the words [the] and [[{evolution] add the words, [late happy]. 

Adjourned till Tuesday morning nine of the Clock. 



At a Councell held at ffort William Henri/ the, Eleaventh day of Aprill, 1G99. 

PRESENT His Excellency RICHARD Earle rf BELLOMOXT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ ROBERT LIVINGSTON, ) ^ 

WILLIAM SMITH, >Esq" SAMUELL STAATS, ) 

AURA. DEPEYSTER, ) 

The Instructions to Captain Johannes Bleeker and Capt John Schuyler drawn up by the 
Comittees of Councell and Assembly appointed thereunto Read and approved of. 

Henry Pearson, Cornelius Sebran, Hasbrook and Ryer Schermerhoorn Esq" delivered 

to his Excellency in Councell A Bill for Establishing Courts of Judicature in each Respective 
City and County within this province. Which was Read the first time. 

His Excellency produced to this Board in writing three clauses which he had taken out of his 
Instructions from his Majesty, as followeth : 

INSTRUCTIONS from his Majesty to the Enrle of BELLOMONT, Governor of New 
York &c. 

WHEREAS his Majesty thinks fitt for the better Administration of Justice, that a Law be passed 
wherein be sett the value of rnens Estates either in Goods or Lands, under which they shall not 
be Capable of serving as Jurors: You are therefore by the first opportunity of transmitting any 
Laws hither for his Majesties approbation to prepare and send one for that purpose. 

You are with the Assistance of the Councell to find out the best meanes to facilitate and 
Incourage the Conversion of Negros and Indians to the Christian Religion. 

You are to Endeavour with the Assistance of the Councell to provide for the Raising and 
Building of publick work-houses in Convenient places for the Imploying of poor and Indigent 
people. 

Ordered, that the same be sent down to the Assembly for theire Consideration. 

The Governor and Councell think it proper to put the house of Representatives in mind, 
that it will be much for the Creditt and Service of the province, that there be a handsome well 
contrived Town-house, wherein the Governor, Councell and Assembly may hold their Sessions, 
and also their Inferior Courts of Justice, and where the Mayor of New York may keep or hold 
his Courts. 



126 Journal of the Legislative Council of New York. [ $ " 

The Governor and Councell also think it proper to putt the said house of Representatives in 
mind that a good Sufficient goale is also much wanted in this City of New York. 

The Governor and Councell doe also Recomend to the house of Representatives the preparing 
a Bill for the Regular and faire Choosing of Representatives to serve in the Generall Assembly 
of this province, which will as they Conceive be very usefull and will prevent disputes and 
Quarrells which formerly often happened at Elections. 

Ordered, that the same be likewise sent to the house of Representatives for their Consideration 
and Samuell Staats Esq r is hereby desired to Carry the same (together with his Majesties 
Instructions to his Excellency, this day produced by his Excellency to this board) to the said 
house. 

Johannes Korfbyle ; Henry Pearson, Jacob Rutson and Daniell Whitehead Esq" from the 
Assembly brought to this house the Bill for Indemnifying all such persons as wereExcepted out 
of the Generall Pardon made &c Amended by the said Representatives. 

Adjourned till to morrow morning. 



At A Councell held at jfort William Henry, this Ticelceth day of Apr III, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUELL STAATS, ) 

WILLUM SMITH, > Esq" ROBERT WALTERS, 5 

ABRA. DEPEYSTER, ) 

The Bill for Indemnifying &c being yesterday sent up to this house from the Assembly, with 
the Amendments agreed to and Amended accordingly, 

Ordered, that the same be agnin sent down to the house of Representatives to be fairly 
Engrossed and Returned to this Board, and, 

Ordered, that the Clerk of the Councell doe Carry the same to the said house. 

Adjourned till to morrow morning. 



At A Councell held at jfort William Henry this 13 th day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, } 

WILLIAM SMITH, > Esq" SAMUELL STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

His Excellency ordered the Messenger of the Councell to acquaint the Assembly that he had 
some Businesse to send to them in half an hour, and to Desire that they would not rise till they 
had Received the said Message. 

His Excellency and Councell taking again into their Consideration the Instructions for Captain 
John Bleeker and Captain John Schuyler, Read in this house the Eleaventh Instant, do desire 
Coll W m Smith and Coll Abraham Depeyster to acquaint the house of Representatives that on 
further Consideration they had thought fitt to add another Clause to the said Instructions, 
(vizt) 

That if the ffrench or ffrench Indians should make any Insult upon our Indians that they 
would do well to Resist force with force, and that his Excellency will Assist them as far as he is 
able. 

Adjourned till to morrow morning. 



1699.] Richard Earl of Bellomont, Governour. 127 

At a Councell held at ffort William Henry, this 14" day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN COKTLANDT, ^ ROBERT LIVINGSTON, } 

WILLIAM SMITH, ^> Esq SAMUELL STAATS, > Esq r3 

AURA : DEPEYSTER, ) ROBERT WALTERS, ) 

Johannes Depeyster, Leonard Lewis, Killian van Ranslaer and John Drake Esq" from the 
Assembly brought to this house a Bill for the Restraining and punishing Privateers and Pyrats, 
and another Bill for the Repealing An Act of Assembly Intituled An Act for the Regulating 
Damages done in the time of the late disorders, &c. 

Abraham Gouverneur and John Jackson Esq" from the Assembly, brought to this house a Bill 
for Regulating and Returning able and Sufficient Jurors in Tryalls at Law. 

His Excellency acquainted this house that he was Informed of some persons now in this City 
who went on board of the Ship Adventure when Riding at Anchor off the East end of Nassau 
Island, and had brought severall Gunns, money and other things from thence ; that he thought 
it his duty to Endeavour as much as in him lay to secure all things brought from on board the 
said Ship, that he could possibly come to the possession of, for th>- owners thereof; that in order 
thereto lie had surnoned the said persons to appeare before this house, and that they were 
attending without. 

His Excellency and Councell ordered Isaac Cohen de Lara, a Jew, to be called into the 
Councell Chamber, who being Required by this house to declare the truth of his knowledge in 
the premises, declared, ore tenus, that he agreed with one Jonathan Bennet, Master of the Sloop 
Rebecca, to transport severall goods from Road Island to this Port ; that in their way hither, 
they were fired at and brought too, by the ship Adventure; that after some stay there, the 
persons on board the ship, gave the Master of the said Sloop Seaventy two small gunns, Seaven 
paire of Pistolls, two or three dozen of hatts and severall other things which he named ; That 
one Anthony Blunt a Passenger in the Sloop, brought from on board the said Ship, Two Baggs 
of money, and a bundle besides in which there was money ; that there was as he beleived about 
seaven or Eight hundred pieces of Eight in the two baggs, arid as much in the Bundle by the 
Biggnesse ; That the said Bennet had damnified his Goods in the Voyage and had since his 
arriveall here agreed to give him the freight for his Goods hither and five of the said small 
gunns as a satisfaction for the said Damage, and seemed frank in declaring his knowledge of the 
premisses. 

Ordered, that Joseph Bueno doe put into Writing what the said Isaac Coheen de Lara shall 
declare on his Recollecting his Memory in the premises. Then his Excellency ordered the said 
Jonathan Bennett Master of the said sloop, and the said Anthony Blunt, one of the Passengers, 
to be distinctly called in, who both seemed evasively to answer what Questions were put to 
them, soe that this house could not make any discovery by reason of their Contempt. The said 
Bennet and Blunt thereon ordered to withdraw. 

This house are of opinion and doe order that the said Jonathan Bennet and Anthony Blunt be 
Comitted to the Custody of the Sergeant at Arms till further order. 

Adjourned till four of the Clock in the afternoone. 

Post Meridiem. 
PRESENTIBUS Eisdem. 

Ordered, that Thomas Rothburne be Comitted to the Custody of the Sergeant at Arms untill 
he find security not to depart the province without leave from this house. 

The Bill for Restraining and punishing Privateers and Pyrates, 

The Bill for Regulating and returning able and Sufficient Jurors, &c, 

The Bill for Repealing An Act for Regulating damages done in the time of the late disorders 
&c, Read the first time. 

Adjourned till to morrow morning. 



128 Journal of the Legislative Council of New York. [utiSS! 

At a Councell held at ffort William Henry this fifteenth, day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

Cuptain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, ^ 

WILLIAM SMITH, > Esq" SAM" STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

M r Samuell Burt being Examined about the Report he heard at the east end of the Island 
Nassau about the ship lately sunk there, which some Pyrats had run away with, called the 
Adventure of London, sayth : that he heard of the people there as followeth : That the Captain 
called Broadish was much Concerned when he heard the ship was sunk, and asked the mate 
why he had done it? the mate sayd, the Captain staying soe long they dispaired of his Coming, 
and soe sunk the Ship. The Captain asked what was become of his share? The mnte sayd it 
was aboard of the sloops (for they had three sloops attending the ship when they sunk her). 
The Captain WHS then satisfied but Inquired what was become of the boy; the Captain was 
told that they boy was putt on shoare, and as they pointed it was on the main, and that he had 
given him fh ve hundred pounds besides some money, about a hat full, over and above, at which 
the Captain seemed to be pleased, since the boy was more pleased to be ashore at the Cart or 
plow than to goe to Sea. 

The said S imuell Burt being desired by his Excellency and this house to give an Account of 
the produce of the Excise of each Town on the Island Nassau the last yeare, declared that he 
could not at present perform their demand, and his Lordship asking him who was concerned 
with him in that Harm, he Replyed, Captain Ebenezer Willson. 

Whereas it is thought fitt for his Majesties service that a particular account be delivered to 
this house by M r Samuell Burt and Captain Ebenezer Willson who farmed the Excise of the 
Island Nassau, what the same did yeild and produce the last yeare, in order that that branch of 
his Majesties Revenue may be the better Regulated. It is 

Ordered, that the said M r Samuell Burt and Captain Ebenezer Willson doe appear before 
this house on Munday morning at nine of the Clock and then and there Exhibite a true and 
Exact account on their oathes of the produce of the Excise of each Town on the Island Nassau 
the last yeare. 

Ordered, that the Sergeant at Arms doe bring Anthony Blunt and Jonathan Bennet now in 
his Custody before this house. 

Ordered, that Anthony Blunt and Jonathan Bennet be discharged from the Custody of the 
Sergeant at Arms, they first giving Security not to depart the province without Lycense from 
this house. 

The Bill for Establishing Courts of Judicature in each respective City and County within 
this province ; 

The Bill for Returning able and Sufficient Jurors in Tryalls at Law ; 

And the Bill for Restraining and punishing Privateers and Pyrats Read the second time and 
Cotnitted to Coll William Smith Cheife Justice, and the rest of the Justices of his Majesties 
Supreme Court of Judicature for this province. 

The Bill for Indemnifying &c. being Returned to this house fairly Ingrossed was Read the 
third time, and passed this house. 

Samuell Staats and Robert Walters Esq" ordered to acquaint the Assembly that the said Bill 
is passed this house. 

Adjourned till Munday morning nine of the Clock. 



At a Councell held at ffort William Henry, the Seaventeenth day of Aprill, 1699. 

PRESENT ///* Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ ROBERT LIVINGSTON, ) 

WILLIAM SMITH, > Esq SAMUELL STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

M r Samuell Burt and Captain Ebenezer Willson appearing this day before this house 
pursuant to an order of the fifteenth Instant, his Excellency Required the said Burt on oath to 
Declare what he lett the Excise of Nassau Island for this last yeare, who offerred to sweare 
that he could not give the said Account; and being told by this house, that they did not 
Require an account of what he made of the snid Excise, but what he lett the severall Towns 



1699.J Richard Earl of Betlomont, Governour. 129 

and M-innors on the said Island for, which they suposed he could not but know, for that it 
is lett by the yeare, and the time they had farmed it for is neare Expiring ; the said M r Burt 
sayd lie could not give any such account, and he being asked if he would swear he could give 
no such account; he answered, he thought he could not be obliged to make such oath. 

Then Captain Willson being Required by this house to Discover upon oath what the Excise 
of the said Isbind was lett for the last yeare, he Insisted that he had farmed the same from the 
then Collector of this province, that he had payd the money he had agreed to give for the Rent 
thereof into the Revenue, that he was no Kings officer or Receiver, and therefore was not 
obliged to give any such account to the King or to any other whatsoever. The said Willson 
being by his Excellency again asked, if he would sweare that he Could not give any such 
Account ; he answered that he was not willing to take such oath. Then this house ordered 
the said Burt and Wi lson to withdraw. And the matter being debated, and duly Considered 
of by this house. It is 

ll/ solced, that unlesse the said Samuell Burt and Ebenezer Willson will discover upon oath 
what they lett the Excise of the whole Island of Nassau for this last yeare, and also each 
County, Town, and Mannor, they be Comitted unto the Custody of the Serjeant at Arms 
till further order. 

Then his Excellency ordered the said Burt and Willson to be called in ; and acquainted them 
with the above Resolve of this house, and Required them to inform this house upon oath 
what they lett the Excise of the whole Island of Nassau this last yeare for, and also each 
County, Town and Mannor. Which they Refused. 

Then his Excellency told them that himself and this house were willing to be as easy to 
them as they Could, and that .they had no other end in getting that discovery from them, but 
the Kings service, his Excellency advised them to a Complyance and wondred they should be 
soe stubborn and Refractory, since there was no manner of design to Injure them, for if they 
had made ever soe advantngious a Bargain it was Excusable in them, and they should be 
allowed the Beneh tt thereof and bidd them to Consider that this house dureing the sessions of 
Assembly was Invested with a greater power, as being part of that Constitution, than at other 
times in the Quallity of Governor and Councell. his Lordship alsoe told them they would doe 
well to be better advised, and Consider it is their duty to make that Discovery as tending to 
the Kings service, for that those Lawyers that advised them were Disaffected to his Majesties 
Goverment as he himselfe could prove, and that their Refusal! is look d upon by this house as 
a high Contempt of the Kings authority. But they still persisting in their stubbornesse, 

This house therefore doe order that they be both Comitted to the Custody of the Serjeant at 
Arms till further order. 

Whereupon the Serjeant at Arms was called in, and ordered to take them into Custody till 
further order accordingly. 

This house are of opinion and doe order that the Attorney Generall of this province doe, as 
soon as possible, draw up a short Bill for the Comitting the aforementioned Samuell Burt and 
Ebenezer Willson to prison untill they shall discover what hath been Required of them. 

The Bill for Repealing an Act of Assembly Entituled, An Act for the Regulating damages 
done in the time of the late Disorders &c Read the second time and Comitted to Coll" 
William Smith Cheif Justice and the rest of the Justices of the Supreme Court of Judicature 
of this Province. 

Adjourned till to morrow morning. 



At A Councell held at ffbrt William Henry this Eighteenth day of Aprill, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, ^ 

WILLIAM SMITH, > Esq" SAM" STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

The Bill drawn up by the Attorney-Generall for Comitting of Ebenezer Willson and 
Samuell Burt &c and brought into this house, Read the first time. 
Ordered, a second Reading to morrow morning. 
Adjourned till to morrow morning. 



17 



130 Journal of the Legislative Council of New York. 






At a Counccll held at ffort William Henry this nineteenth day of Apr ill, 1G99. 

PIJESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, ^ 

WILLIAM SMITH, > Esq SAMUELL STAATS, >Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

The Bill for Comitting of Ebenezer Willson and Samuell Burt &c Read the second time 
and ordered to be Engrossed. 

Coll William Smith Cheif Justice of this province and Chairman of the Comittee to whose 
Inspection severall Bills were Comitted does Report to this honoble house, 

That the Bill for Establishment of Courts is very different from the former Constitution in 
this province, and will therefore Require a longer time justly to Consider the same. That the 
Bill for Returning able and sufficient Jurors do passe without any Amendment. That the Bill 
for Restraining and punishing Privateers and Pyrats be Limitted only for two yeares, and to the 
next Session of Assembly that shall sitt after the Expiration thereof, only with this Amendment : 
That such person who shall Refuse to appeare or neglect to obey the officers who shall Require 
their Assistance in the taking or apprehending any Py rates or Privateers as in the said Act is 
Expressed, Instead of being subjected to be punished by the Decree of the Court Martiall shall 
be lyable to be fined in the sume of Ten pounds to be had and Recovered in the manner and 
forme as the nine Imposed by this Bill, on the Officer who shall neglect or Refuse his duty by 
this Act Required is sett forth and Expressed. That the Bill for Repealing an Act of 
Assembly Intituled An Act for the Regulating Damages done in the time of the late disorders 
&c doe passe without any Amendment. 

Ordered, that the Bill for Establishment of Courts &c be Recomitted as before. 

The Bill for Regulating and Returning of able and Sufficient Jurors in Tryalls at Law; 

The Bill for Repealing An Act of Assembly Intituled, An Act for the Regulating Damages 
done in the time of the late Disorders &c and 

The Bill for Restraining and punishing Privateers and Pyrats Read the Third time and 
passed this house 

Adjourned till to morrow morning. 



At a Councell held at ffort William Henry, this twentieth day of Aprill, 1699. 



PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Citplain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, *) 

WILLIAM SMITH, > Esq SAMUELL STAATS, > Esq" 

ABRAHAM DEPEYSTER, ) ROBERT WALTERS, ) 



The petition of the Inhabitants of Queen street and severall other streets neare adjacent 
Read. 

Ordered, that a copy of the petition be sent down to the Assembly desiring them to take the 
said matter into their Consideration, and to Report to this house their opinions therein ; and 
the Clerk of the Councell is hereby ordered to deliver to all persons desiring the same a Copy 
of the said petition and this order thereon, and to Receive all papers Delivered to him 
concerning the premises, and to lay them before this house. 

Adjourned till to morrow morning. 



At a Councell held at ffort William Henry, this one and Twentieth day of Aprill, 1699 

PRESENT His Excellency RICHARD Earle of BELLOMOXT, &c., 

Cuptain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, ^ 

WILLIAM SMITH, > Esq" SAMUELL STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

The Bill for Comitting of Ebenezer Willson and Samuell Burt &c Read the Third time and 
passed, and 



1G99.] Richard Earl of Bellomont, Governour. 131 

Ordered, that Samuell Staats and Robert Walters Esq" do Carry the same to the Assembly 
for their Assent. 

Whereas a Remonstrance hath been this day offerred to this house signed by Ebenezer Willson 
and Samuell Burt addressed to his Excellency and the Count-ell Board, and this house being 
now sitting in the Quallity of the upper house of Assembly of this province, by whom the said 
Ebenezer "Willson and S.imuell Burt were Comitted for their Contempt; This house are of 
opinion that the said Remonstrance does not come properly before them and that it be oflerred 
in Councell next publick Councell day which is next Thursday. 

Adjourned till to morrow morning. 



At a Councell held at ffort William Henry, this tiro and Twentieth day of Apritt, 1699. 



PRESENT His Excellency RICHARD Earle of BELLOMONT, &c. 

Captain, JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUELL STAATS, 

ABKA. DEPEYSTER, > Esq" ROBERT WALTERS 

ROB LIVINGSTON, S 



JEsq. 



His Excellency gave the Assent to the Bill for Comitting Samuell Burt and Ebenezer Willson 
the same being Returned passed from the Assembly to this house. 

The Clerk of the Councell Informed this house that M r Burt and M r Willson were now willing 
to Comply with the Directions conteined in the Act of Assembly for Comitting them. 

Ordered, that the Sargeant at Arms doe bring the said Samuell Burt and Ebenezer Willson 
before this house Imediately, which being done and the Act being read to them, they offerred 
to Comply therewith, and Declared on their oathes before this house that they nor either of 
them, have not by themselves nor by any Imployed by them Directly nor Indirectly lett the 
Excise of the Island Nassau for more or otherwise than is Conteined in a paper sent by them to 
this house. By w r hich paper it appeares that the said Excise was lett by them for .126 07* OG d 
the last yeare. 

Ordered, that the said Ebenezer Willson and Samuell Burt be discharged from the Custody 
of the Sargeant at Arms paying their ffees. 

His Excellency laid before this house three Bills which were Delivered (with the Bill for 
Comitting Ebenezer Willson &o) to him yesterday by Coll" Rutsen and others members of the 
Assembly after this house was Risen vizt. 

The Bill f>r preventing Abuses daily Comitted by Negroe slaves and Indians; 

The Bill for Regulating of An Act of Assembly Intituled, An Act for the Supervising Intestates 
Estates and Regulating the Probate of Wills and granting Letters of Adm stration. 

The Bill for preventing Vexatious suites and Settling and Quieting the minds of his ^Majesties 
peaceable Subjects within this province. Which were read the first time. 

Adjourned till Tuesday morning. 



At a Councell held at ffbrt William Henry, this 25 * day of April!, 1699. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUELL STAATS, > ,-, 

ABRA : DEPEYSTER, > Esq" ROBERT WALTERS, $ S< ^ 

Ron LIVINGSTON, ) 

The Bill for preventing abuses &c, 
The Bill for Regulating of an Act &c, 

The Bill for preventing Vexatious suites &c, Read the second time and Comitted to Coll" 
Abraham Depeyster, Robert Livingston, Samuell Staats and Robert Walters Esq" 
Adjourned till to morrow morning ten of the Clock. 



132 Journal of the Legislative Council of New York. [Hi i" 

At a Councell held at fort William Henry, this 26 * April!, 1699. 

PRESENT His Excellency RICHARD Earlc o/ BELLOMONT, &c., 

Captain JOHN NANPAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ) SAMUELL STAATS, ) 

ABRA : DEPEYSTEU, > Esq ROBERT WALTERS, ) 

ROBERT LIVINGSTON, ) 

The Bill for preventing Vexatious suites &c Read the third Time with the following 
amendments and passed, and, 

Ordered that the said Bill be sent down to the house of Representatives with the said 
amendments, vizt. 

Page the 2 1 Line 12 th between the words [therefore] and [preventing] add the word [for] ; in 
page the 3 d Line 1 s between the words [it] and [hereby] add the word [is] ; In page 3 d Line 
7 1 1 Instead of the word [Resolution] write [Revolution.] 

And Doctor Samuell Staats is hereby Desired to carry the said Bill and amendments to the 
said house, and to Desire them to Consent to the same. 

Samuell Staats Esq r Desired to acquaint the house of Representatives that this house doe 
desire them to appoint a Comittee of their house to Conferr with Coll" Abraham Depeyster, 
Robert Livingston and Robert Walters Esq" who are appointed a Comittee of the Councell 
about the whole Bill for preventing abuses daily Comitted by Negro Slaves and Indians. 

Adjourned till to morrow morning. 



At a Councell held at ffort William Henry, this 27 * Apr ill t 1699. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUEL STAATS, ) j, rg 

ABRA : DEPEYSTER, > Esq" ROBERT WALTERS, ) 

ROB LIVINGSTON, ) 

A Message from the Assembly by Abraham Gouverneur, Leonard Lewis, Johannes Depeyster, 
Ryer Schermerhoorn and Hendrick Hansen Esq r " with the Bill for granting unto his Majesties 
severall Duties for the defraying the publick Charge of the Government, after the time Limitted 
in a Certain Act Entituled, An Act Confirming and Continuing unto their Majesties the Revenue 
Established by An Act of Generall Assembly for defraying the publick and necessary charge of 
the Government is Expired. 

Which was Read the first and second time and Comitted to a Grand Comittee of the whole 
house to Consider thereof. 

The aforesaid persons also layd before this board the Bill for preventing Vexatious Suites, the 
Assembly having Consented to the Amendments. 

The Report of the Assembly to this house on the petition of the Inhabitants of Queens Street 
in this City, Read and Referred to farther Consideration. 

Adjourned till to morrow morning. 



At A Councell held at ffort William Henry, 28 * Apr ill, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

STEPHEN CORTLANDT, } SAMUELL STAATS, ) 

ABRA : DEPEYSTER, > Esq" ROBERT WALTERS, > 

ROBERT LIVINGSTON, ) 

The Chairman of the Comittee of the Councell to whome the Revenue Bill was by order of 
this house Referred does Report, that the following amendments ought to be Inserted in the 
said Bill vizt. 

ffolio 17 Line 1 st . And be it further Enacted by the authority afores d , that all persons not being 
Retailers who shall receive any Rum into the City and County of Albany or County of Ulster, shall 
if thereunto Required, deliver an Account upon oath to the Collector or Receiver of the Duties 
arising by this Act in each County of the Quantity of Rum Received by them, together with the 
names of the person or persons they have disposed of the same to, with the Quantity disposed 



1G99.] Richard Earl of Bellomont, Governour. 133 

of to each person ; And that such person or persons who have bought the same shall if 
thereunto required Deliver an Account upon oath to the Collector and Receiver, that he or they 
have not disposed of the Quantity soe bought by them by Retaile, but have Converted the same 
to their own use. 

Folio 17 Line 4 lb . And that if any Question or Difference shall arise concerning the Alienating 
of the property of the Goods and Merchandizes mentioned in this Act, That then the Collector 
and Receiver Generall of this province is hereby authorized and Impowered to Administer an 
oath to the person that enters the same in his Majesties Custom-house that the said Goods 
have not been by him sold to any person but are exported on his owne proper Account. 

Page 13. Line 7 lh . Between the words [aforesaid] and [that] add [and make oath before the 
Collector and Receiver Generall of this province] 

Page 13 Line 8 th & 9 lb . Leave out these words [and Carry out of this province. 

Page 9. In the Beginning of the tenth line add these words [or shall trade or traffick from 
one port or place to another within the same. 

In folio 9 the last Line between the words [province] and [before] add [or since their 
Departure from such port or place within the same they arrived from. Which WHS approved of. 

His Excellency acquaints the Councell that having Examined the powers in his Majesties 
Comission and Instructions finds the three Clauses, Copies whereof he now produces, Whereby 
he Conceives that it is his Miijesties gracious will and pleasure, that the settling and making a 
Table of flees Relating to the severall officers and offices within this Government shall be by 
the appointment of the Governor and Councell, and that his Majesty is soe Careful I therein, 
for the ease of the subject, That he has been pleased to putt a Restriction upon the 
Governor and Councell, whereby his Majesty plainly Reserves to himself the approbation of 
all such tt ees, as shall be soe settled by the Governor and Councell as aforesaid, as appears by 
the words marked with a line at the latter end of the first Clause tnken out of his Miijesties 
Instructions, and his Excellency Desiring the advice of the Gentlemen of the Councell, they 
are of opinion unanimously, that a Conference ought to be desired with the house of 
Representatives upon the subject matter of the Revenue Bill sent up yesterday to this house, 
with the Table of ffees annexed thereunto for the officers of the Customs: 

And it is agreed that Coll Abraham Depeyster, Robert Livingston, Samuell Staats and 
Robert Walters Esq rs be Managers of the Conference with the house of Representatives, 
and they are desired to putt the managers of the said house of Rep r sentatives in mind that 
it is the opinion of his Excellency and of this house that it will be proper for the house of 
Representatives, to withdraw the Table of flees, and the Clause in the said Bill Relating thereto 
to the end that his Majesties orders arid Instructions may be Complyed with and that no 
Indecency or Disrespect may be Comitted against the same by the house of Rep r sentatives. 
The managers of this house are also to acquaint the Managers of the Lower house, that the 
Governor and Councell will take the Businesse of ft ees into their Consideration this next week, 
and will take care soe to moderate them in all the offices of the Goverment, as they hope will 
give satisfaction to all parties Concerned, and his Excellency will send them to England to 
Receive his Majesties special! directions therein. The Managers of this house are alsoe desired 
to lay before the Managers of the Lower house, Certain Clauses and Amendments which are 
prepared to be Inserted in the said Revenue Bill for the making the said Bill more effectual!. 

Ordered, that Samuell Staats and Robert Walters Esq rs do acquaint the Assembly that this 
house doe Desire them to appoint a Comittee to Conferr with a Comittee of this house on the 
subject matter of the Revenue Bill sent up yesterday to this house. And the said Samuell 
Staats and Robert Walters Esq" are hereby directed to acquaint this house when and where 
the said Conference is to be managed. 

A Message from the Assembly by Abraham Gouverneur and Cornelius Van Brunt Esq" to 
this house p senting the Bill for setling the Estate of Jacob Milburne Deceased. 

Adjourned till to morrow morning. 



At A Councell held at ffort William Henry, this 29"" Apr ill, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAX, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ SAMUELL STAATS, 

ARRA. DEPEYSTER, > Esq" ROIJERT WALTERS, 

ROBERT LIVINGSTON, ) 

The Chairman of the Comittee of the Councell appointed to manage the Conference with 
the Comittee of the house of Representatives upon the subject matter of the Revenue Bill 
does Report to this honoble house, 



134 Journal of the Legislative Council of Neio York. 






That the Comittee appointed by the house of Representatives doe Disagree to the two 
Amendments in the Revenue Bill by the Comittee of the Councell desired to be Regulated in 
folio 9 of the said Bill. 

The Comittee of the Assembly Disagree to the Amendm pnge 13 lh Line 7 th . 

The said Comittee agree to the Amendment page 13 lb Line 8 tb and 9 1 1 . 

The said Comittee agree to the Amendment folio 7 lb Line 4 lh . 

The said Comittee Disagree to the Amendment folio 17 Line 1 st . 

The Comittee of the Assembly doe agree that the flees appointed for the severall officers 
particularly mentioned in this Act, and the Clauses tending thereunto be left out of the same, 
the said Comittee paying all Dutyfull Deference to his Majesties Letters Patents and 
Instructions, to which the said Letters patents have Reference. 

The Bill for Settling the Estate of Jacob Milburn Deceased, Read the first time. 

A Message from the Assembly to this house by Abraham Gouverneur, Hendrick Hansen 
Johannes Depeyster and Jacob Rutsen Esq" presenting an Addresse from the house of 
Representatives and severall petitions annexed. 

Ordered, that the said Addresse and petitions be Referred till further Consideration. 

Ordered, that Anthony Blunt, Jonathan Bennet and Thomas Rothburue be permitted to 
depart the province if they shall see occasion, and the security given by them is hereby 
discharged. 

Adjourned till Alunday morning, 



At a Councell held at ffort William Henry, the first May, 1699. 

PRESENT His Excellency RICHARD Eurle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ ROBERT LIVINGSTON, } 

WILLIAM SMITH, > Esq" SAM" STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

The Bill for Settling the Estate of Jacob Milburn Esq r deced, Read the second time and 
Comitted to Coll" William Smith, Coll Abraham Depeyster, Samuell Staats and Robert Walters 
Esq" or any three of them. 

His Excellency and the Gentlemen of the Councell doe Recommend to the Consideration of 
the house of Representatives how much it Imports his Mnjties honour and the Reputation 
of this province that the debis of the Goverment be discharged, that the Creditt thereof may be 
supported, that they will with all convenient speed agree upon such IVleanes and Wnyes, as 
m iy be effectual! to discharge the same, for that it cannot be Expected, the emergent Charges 
of the Goverment being first defrayed, there should be any surplusage, arising out of the Revenue, 
as now settled, that can be applycable to that end. 

Samuell Staats and Robert Walters Esq" are desired to Carry the above minute to the 
Assembly. 

James Graham Esq r , his Majesties Attorney Generall of this province, attending without, his 
Excellency ordered him to be called into the Council! chamber, where he being asked if this 
house during the Session of the Assembly had as part of that Constitution a Judicial! power to 
he.ire and Determine cases and causes of Law and Equity, and to vacate and Reverse Decrees 
and Judgments, he Resolved that his Excellency and this house had a Right soe to doe, and that 
they were vested with the powers foresaid during the Sessions of the Assembly. 

Ordered, that Coll W m Smith, Coll" Stephen Cortlandt, Coll Abrti : Depeyster and Samuell 
Staats Esq" be a Comittee to draw up a scheam of flees for the Collector and Navall Officer of 
this province, and for the Secretary for passes, and make their Report to this house to morrow 
morning. 

Adjourned till tomorrow morning. 



At a Councell held at ffort W " Henry (he Second day of May, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

WILLIAM SMITH, } SAMUELL STAATS, ) -p 

ABRA : DEPEYSTER, \ Esq" ROBERT WALTERS, y 

ROBERT LIVINGSTON, ) 

The Scheam of flees drawn up by the persons appointed thereunto were Read and approved 
of. 



1G99.] Richard Earl of Bellomont, Governour. 135 

Coll" William Smith Chairman of the Comittee to whom the B ; ll for settling the Estate of 
Jacob Milburne Esq r deceased was Comiited does Report to his Excellency and this honoble 
house, that the said Bill do passe without any amendment. Which was Read the Third time 
and passed accordingly. 

Upon further consideration of the Addresse of the house of Representatives to this house with 
the petitions thereunto annexed, It is 

Resolved, that the petitions of Jacob Leisler, Gerbrant Claese and Robert Evernden and Anne 
his wife being matters which never have been tryed in the Courts of Law or Equity of this 
province, it is wholly unpresidentall for this house to Intermeddle therein. And 

Rusolced, that the matter Contained in the petition of Andry Wand all be Considered of on 
ffriday next, being the fifth Instant, at Eight of the Clock in the morning, and all persons 
Concerned are hereby directed to appeare at the same time with their Evedences, and the Clerk, 
of this house is hereby directed on Request to Issue out sumoris s to the parties concerned and 
Evedences to appeare before this house at the same time. 

Adjourned till to morrow morning. 



At a Councill held at ffort IV " Henry this 3 rf of May, 1699. 

PRESENT HIS Excellency RICHARD Eurle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 
WILLIAM SMITH, ) , rj SAMUELL STAATS, 



) j, rj SAMUELL STAATS, ) 

3 " ROBERT WALTERS, ) 



ROBERT LIVINGSTON, 3 

That upon a Complaint and Supplication made by Coll" Abraham Depeyster setting forth 
to this house that a Certain ship called the (fortune, legally condemned in the Court of 
Admiralty of this province for trading thereinto being fforreigne built, and was bought by him 
the said Coll Depeyster of the King at a publick sale suposing, as he was then Informed, that 
being soe condemned she was Qualified to trade as if English or plantation built, which he is 
since given to understand may not be allowed of unlesse she can have some further Qualification, 
and he having payd to his Majesty a valuable sume of money for her, and since been at very 
considerable charge and Expense in Repairing and fitting her for sea, does humbly pray the 
Advice and Direction of this house, that some Expedient may be found the premises considered 
that the said vessell may be capacitated by some Act of Generall Assembly to trade to and from 
this port. 

His Excellency and this house having maturely considered of the same, do order that this 
matter be Recomended to the house of Representatives of this province, Convened in Generall 
Assembly, if by any Act that can be made in the Assembly of this province now setting (not 
contrary or Repugnant to the Laws of England) the said Coll Abraham Depeyster may be 
Releived in the case aforesaid. And 

Ordered, that Robert Livingston Esq r doe carry the above minute to the house of 
Representatives. 

Adjourned till to morrow morning. 



At a Councell held at ffort W m Henry the 4 * day of May, 1699. 

PRESENT His Exallcncij RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

WILLIAM SMITH, ^ SAMUELL STAATS, ) ^ 

ABRAHAM DEPEYSTER, > Esq ROBERT WALTERS, ) sc ^ 

ROBERT LIVINGSTON, ) 

His Excellency brought into this house four Bills which were sent yesterday from the house 
of Representatives to this house after this house had rose vizt. 

A Bill for Raising an Additionall duty for the Defraying the Debts of the Goverment; 

A Bill for preventing of tfrauds and Imbezillments of Drift Whales and other Royall flfishes 
that of Right doe belong to his Majesty and for the Incouragment of Whale ffishing within this 
province of New York ; 

A Bill for preventing of Tresspasses ; 

A Bill for granting unto his Majesty the sume of Two thousand pounds, 1500, whereof to 
be allowed unto his Excellency Richard Earle of Bellomont and 5UO, unto Captain John Nanfan 
Lieutenant Governor. 



136 Journal of the Legislative Council of New York. 






The above four Bills Read the first and second time and Comitted to Coll William Smith, 
Coll" Abraham Depeyster, Robert Livingston, Samuell Staats and Robert "Walters Esq". 

A M"ssage from the house of Representatives by Mathew Howell and Daniell Whiteheud, 
Esq" with the Bill for Reviving An Act of Assembly Expired by its own Limitation Intituled, 
An Act for the Regulating the Reteinirig Attorneys at Law, And the Bill for the Settlement and 
Support of Ministers and Schoolmasters and Building and Repairing Meeting houses within this 
province. 

The petition of Robert Livingston Esq r read and Recomended by his Excellency and Councell 
to the Consideration of the Assembly and 

Ordered, that Coll Abraham Depeyster do Carry the said petition to the said house. 

Adjourned till to morrow morning. 



At a Councell held at fort W m Henry, this 5" 1 day of May, 1699. 

PRESENT His Excellency RICHARD Etirle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

WILLIAM SMITH, ^ SAMUELL STAATS, ) ^ r , 

ABRAHAM DEPEYSTER, > Esq ROBERT WALTERS, > 

ROBERT LIVINGSTON, S 

Coll William Smith Cheif Justice of this province and Chairman of the Comittee to whome 
the four Bills read yesterday in this house were Referred does Report to this honoble house, 
That the Bill for Raising an Additional! duty &c The Bill for preventing of tresspasses and 
the Bill for granting unto his Majesty the sume of Two thousand pounds &c doe passe without 
any amendment, And the said Comittee doe desire that the Bill for preventing frauds and 
Imbezilments of Drift Whales and other Royall ffi.shes &c be Referred till further consideration ; 
Which they humbly submitt to his Excellency and this honoble house. The said Report Read 
and approved of. 

Ordertd, that Coll William Smith, Coll Abraham Depeyster, Robert Livingston, Sam 11 Staats 
and Robert Walters Esq" or any three of them do draw up a Bill to prevent il rauds and 
Imbezillments in Drift Whales and other Royall ffishes &c and that they take the Attorney 
Generall to their Assistance 

The Bill for granting unto his Majestic the sume of 2000 &c 

The Bill for preventing of Tresspasses. 

And the Bill for Raising an Additionall duty Read the third time and passed this house. 

Coll" Smith ordered to give the List of the ffees of the Customhouse Officers &c to the 
Speaker of the house of Representatives. 

The consideration of the petition of Andry Wandall is hereby Referred to be considered of 
on Munday morning next at ten of the Clock and Sumons s to Issue according to the Directions 
Conteined in the minute of this house of the second Instant. 

The Bill for settling and Supporting of Ministers &c Read the first time. 

A message from the house of Representatives by Jacob Rutsen, Johannes Bleecker and 
Haesbrooke Esq" with a Bill for Regulating the {fences in Ulster County. 

A Bill for Continuing the Act for Encouraging the post office two yeares longer after the 
Expiration of the last act made for Continuance of the same. 

A Bill for the Regulating the Elections of Representatives in Generall Assembly in each 
Respective City and County within this province. 

And the Answer of the house of Representatives to the Message sent to them about the ship 
ffortune, which Answer was ordered to be entred in the minutes and followeth in h<ec vcrba. vizt. 

The /tumble Answer of the house of Representatives to the Message sent down by his 
Excellency and Councell concerning the supplication of Coll Depeyster 
Refuting to the Ship ffortune. 

The Representatives having duly Considered the Message, are of opinion, that the Laws of 
England, have soe Restrained the plantations that it cannot be in the power of any plantation 
to make any {foreign built ship free, but humbly Conceive, that in Reguard Coll Depeyster did 
purchase the said ship ffortune of the King at a publick sale, and having upon that publick 
ffaith disbursed a Considerable sum of money to make the said vessell fitt to go to sea, that 
either he ought to be Repayd by the King the sum of money he has soe disbursed, or permitted 
to take some provision or Lumber aboard the said vessell and navigate her to some other port 
where she may be Lawfully sold without any seizure or {forfeiture by any officer in this 
Government. Which is humbly submitted. 

By order of the house of Representatives. 

JA: GRAHAM, Speaker. 
Adjourned till to morrow morning. 



1699.] Richard Earl of Bellomont, Governour. 137 

At a Councell held at fort William Henry, this 6 * Day of May, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., . 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ) ROBERT LIVINGSTON, ) 

WILLIAM SMITH, > Esq ri SAMUELL STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

The Bill for Settlement and Support of Ministers &c Read the second time. 

The Bill for Reviving the Art for Regula ing the Reteining Attorneys at Law &c 

The Bill for Regulating the ffences in Ulster County. 

The Bill for Continuing the Act for Encouraging th j post office &c 

And the Bill for Regulating the Elections of Representatives &c Read the first and second 
time ; and Comitted to the whole house. 

His Excellency produced his Instructions from the Lords Justices of England Dated the tenth 
d.iy of November lb 93, whereby h-; is directed to use all legal I meanes for the Breaking of 
Extravagant Grants of Lands and Desired that the Gentlemen of this house would joyne with 
him in the ordering the A torney General! to draw up a Bill for the Breaking the same, and 
particularly named Coll Bayards Grant, D miine D^-llius s two grants, Captain Evans s two 
grants; the Church Lase, and Coll Heathcotes two grants; And the Gentlemen of the 
Councell Consented, that a Bill be ordered to be prepared and offerred to the Consideration of 
this house by M r Attorney General! for Vacating the aforesaid grants, and his Excellency moved 
that there be a Clause Inserted in the Body of the Bill to prevent the Governor or Comander 
in Cheif of this province for the time being from Alienating Nutten Island, the Kings (farm, 
the Kings Garden, and the swamp at ffresh Water as being the Demesne belonging to the 
Kings Governor for the time being. 

Adjourned till Munday morning. 



At a Councell held at ffort W n Henry, this 8 * day of May, 1699. 

PRESENT His E.cccUe>trij RICHARD Eurle of BELLOMONT, &c., 

Cuptai/i JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ ROBERT LIVINGSTON, ^ 

WILLIAM SMITH, > Esq SAMCELL STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

The Bill for vacating, Breaking and Annulling several! Extravagant Grants of Land made by 
Coll" ffletcher late Governor of this Province under his Majesty (being drawn up by the Attorney 
General! and brought to this house) Read the first time and ordered a second Reading on 
Thursday morning next, and all persons Concerned to have notice to appeare at nine of the 
Clock the said Day in the morning. 

Andry Wandaii The parties Concerned appeared, and the petition with the Addre.sse of the 
Richard Aiopp house of Represent ati ves to this house and orders thereon, together with the last 
will and Testament of Thomas Wandail Read. The matter argued, and Referred to be 
Considered of till to morrow morning, and in the meane time Coll William Smith Cheif Jusiice 
is directed by this house to take the Affidavits of all Witnesses in the premises. 
Adjourned till six of the Clock afternoone. 

Post Meridiem. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } SAMUEL STAATS, ) _ 

WILLIAM SMITH, > Esq" ROBERT WALTERS, > 

ABRA : DEPEYSTER, ) 

Coll" William Smith Chairman of the Comittee of Councell to whose Inspection the Bill for 
Reviving an Act of Assembly for Regulating Attorneys at Law &c and the Bill for Regulating 
Elections of Representatives &c does Report to this honoble House that the said Bills doe passe 
without any Amendment. 

The said two Bills Read the Third time and passed this house. 

18 



138 Journal of the Legislative Council of New York. [I t^es;. 

The petition of Richard Alsop read, and the matter Conteined therein Referred till Thursday 
morning. 

His Lordship on the petition of the Inhabitants of Queen street in the Citty of New York 
having with several! of the members of his Majesties Councell viewed that part of the said City 
in order to the appointing a Convenient place at that end of the said City, for the Importing and 
Exporting Goods and Merchandizes, acquaints the Councell that he is of opinion that the Slip 
at the mouth of Maiden Lane in Queens Street aforesaid is the most Convenient place at that 
end of the said City, which the Gentlemen of the Councell approve of. It is therefore 

Ordered, that all person and persons Importing or Exporting any Goods Wares or 
Merchandizes into or out of this Province may for the time to Come ship of or Lnnd the same 
at the mouth of the said slip in like, manner as they formerly have done at the Custom house 
wharf. And 

Ordered, a pate.nt issue for the same. 

Adjourned till Wednesday morning. 



At a Councill held at ffort W m Henry, 10" May, 1699. 

PRESENT His Excellency RICHARD Eorle of BELLOMONT, 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ~) ROBERT LIVINGSTON, } 

WILLIAM SMITH, > Esq" SAMUELL STAATS, > Esq rs 

AURA : DEPEYSTER, ) ROBERT WALTERS, ) 

The Bill for preventing ffrauds and Imbezilments and for the better Regulating and securing 
his Majesties and his subjects Just Right to all Drift Whales and other Royall Irishes, that shall 
be cast on shoare or found floating on the sea Coasts of this Province, being drawn np by the 
Comittee appointed thereunto was brought into this house. 

The said Bill being Read the first second and third time is passed this house and 

Ordered, the same be Carried to the house of Representatives for theire Assent. 

That on the Receipt of a Message from the house of Representatives Relating to the 
Establishment of Certain ffees, in a schedule to the same annexed, his Excellency and Councell 
having maturely Considered the s;ime and such Instructions as his Excellency hath from his 
Majesty relating to the settlement of ifees, ffor answer to the said message do say, That as to 
that part Relating to a post Entry Coll Stephen Cortlandt one of the Comissioners of the 
Custom-house, who is hereby ordered to carry this message to the house of Representatives, 
will Explain and make Clear to them the meaning and use of that Article. And that, as to the 
two Certificates, observed to be given, both from his Majesties Custom-house, and the Xavall 
officer Coll Corilandt Informs his Excellency and this house, that they are two Different 
things, and will Explain that also. That as to the Schedule of the said flees his Excellency and 
Councell are of opinion, that it will be a due Deference paid to his Majesty that the said 
Schedule of ifees should be continued until! his Majesties pleasure should be further known. 
But that his Excellency and Councell will forthwith order and Establish That no other flees 
shall be taken by the officers and for the uses aforesaid, than such flees as are soe Conteined in 
the Schedule sent up to this house, and that whatever officer shall presume on any pretence 
whatsoever, to take any more or other flees, than such as are soe settled, shall forthwith loose 
and be Dissmissed from his Employment. His Excellency and Councell do therefore think fitt 
that the last part of the Revenue Bill relating to flees only be wholly left out of the said Bill. 

William Smith Esq r Cheif Jusiice of this province and Chairman of the Comittee to whome 
the Consideration of severall Bills were Comitted does Report to this honoble house : 

That as to the Bill for Settlement and Support of Ministers and Schoollrnasters &c his 
Excellency the Governor having been pleased to Comunicate unto us his Instructions Relating 
to the Settlement of Religion in this province, we are humbly of opinion that by the said 
Instructions your Excellency ought not to passe the said Bill. But we doe humbly oifer the 
Reasonablenesse and our Readynesse to Joyn with the Representatives of this province in an 
Addresse to your Excellency humbly to Represent to his most Sacred Majtie the State and 
condition of this province, as to the matters in the said Bill conteined, and that his Majesty of 
his Great piety and wonted Clemency would be gratiously pleased to allow untill some better 
order can be in this province had for the Settlement of a more orthodox Ministry. That such 
Ministers of the Presbiterian and Inrlependant Congregations as are allready settled in the 
severall Towns of this province may be continued and mainteined according to such agreement 
as hath been made by the major part of the people of such Towns and that all the Inhabitants 
within the bounds of such Towns may be equally and Justly Assessed according to their 
severall Estates for and towards the payment and Support of such Ministry, and that such 
other Towns who are well able to maintain a Minister and have none within this Province may 
be Incouraged and obliged to Establish and Ascertain a maintenance, and use their Endeavours 



1699.] Richard Earl of Bello?nont, Governour. 139 

to get Ministers, that Gods word may be preached and his Ordinances practized amongst us, 
and that Churches, Schoolls and parsonage-houses may be built and Repaired throughout this 
province Which is humbly submitted. 

That the Bill for Continuing t\\v post office doe passe without any Amendment. 

That the Bill lor Regulating ffences in Ulster County the Hudson of it is not Cleare to us, 
and we are of opinion the parties at whose prayer it is made doe Explain the Consequence 
thereof to this house. 

The Bill for Continuing the post office Read the Third time and passed. 

Adjourned till six alteruoone 

Post Meridiem. 

PRESENT His Excdl RICH" Earh of BELLOMONT, 

Captain JOHN NANFAN Lt Gov r 

WILLIAM SMITH, ^ SAMUEL STAATS, ) ,., 

ABRAHAM DEPEYSTER, > Esq ROBERT WALTERS, ) S( ^ 

ROB I LIVINGSTON, ) 

The petition of Richard Alsop Read and 

Ordered , he have further time till ffryday morning 

The Bill for Enabling the City of New York to pay their debts and repair their publick 
buildings &c and the Bill for Enabling the City and County of Albany to Defray their necessary 
charge brought into this house by his Excellency, being Delivered to him by the members of 
the house of Representatives appointed thereunto after this house was Risen, were read the first 
and second time and Comitted to Coll William Smith, Coll Abraham Depeyster, Robert 
Livingston, Samuell Stnats and Robert Walters Esq or any three of them. 

Ordered, that Samuell Staats and Robert Walters Esq" doe carry the above Bill for preventing 
of ffrauds and Imbezilhnents in Drift Whales to the Assembly (Coll Cortlandt being taken ill 
since the morning. 

The petitions of Jacob Miiuritz and Johannes Provoost Read and Referred to the Consideration 
of the house of Representatives. 

Adjourned till to morrow morning. 

At a Councill held at fort W m Henry this 11 th May, 1699. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, ^ ROBERT LIVINGSTON, ^ 

WILLIAM SMITH, > Esq SAMUELL STAATS, >Esq I 

ABRAHAM DEPEYSTER, ) ROBERT WALTERS, ) 

Abraham Gouverneur, Johannes Depeyster Esq" and several! other of the Gentlemen of the 
Assembly to the number of Twelve, appeared before this house, and delivered to his Excellency 
the humble Addresse of the house of Representatives to his Majesty (which was Read) and 
Desired that his Excellency would please to accept of the Dutifull and Loyal I Affections of the 
Representatives of this province expressed in the said Addresse unto his Most Sacred Majesty, 
and would please to transmitt the suine unto his Royall hands, Assuring this house that they 
would joyn with them in all things which might contribute to the glory and Renown of his 
Most Sacred Majesty. 

His Excellency thanked them for their Loyalty to the King, and promised them to transmitt 
^the said Addresse to his Majesty by the fir.st opportunity. 

Coll William Smith Chairman of the Comittee to whose Inspection the Bills for Enabling 
the City and County of Albany to Defray their necessary charge, and the Bill for Enabling the 
Citty and County of New York to pay their debts and to Erect and Repaire their publick 
buildings does Report to this honoble House. 

That the Bill for Enabling theCity and County of Albany &cdoe passewithout any Amendment. 
But that the Bill for Enabling the City and County of New York &o ought not to passe without 
some Amendment, and an estimate of their debts and what money will be necessary to be Raised 
for the publick works within this City. That for ihe house at the fferry we are humbly of 
opinion it ought to be built out of the Income arising by the same. That as to the City-hall an 
Estimate ought to be made of what the Charge thereof may be suposed to amount to, together 
with a List of their debts, and that power be given according to the Clause in the said Bill 
Contained for Assessing the same on the said City, for the Levying of such a suine certain ^ ataiu 
as may be thought necessary to answer those ends untill the same be Compleated. 



140 Journal of the Legislative Council of New York. [ ^ 1 

I 

The Bill for Vacating Extravagant Grants &c Read the second time. 

The Bill for Enabling the City and County of Albany &c Read the third time and passed. 

Adjourned till to morrow morning. 



At a Councill held at ffort W m Henry, this 12 A May, 1699. 

PRESENT His Excellency RICHARD E>irle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

WILLIAM SMITH, ^ SAMUELL STAATS, ^ ,, rs 

ABRA : DEPEYSTER, >Esq" ROBERT WALTERS, 5 

ROB LIVINGSTON, ) 

The Bill for Vacating Extravagant Grants &c Read the third time and passed. 

Ordered, that the same be sent down to the Lower house, and Samuell Slants and Robert 
Wallers Esq" are hereby ordered to cany the same, and the said persons fire desired to putt the 
said house of Representatives in mind of the petition of Robert Livingston Esq r referred to them 
by this house. 

The Bill for preventing Desertions of Souldiers, &c., Read the first second and Third time and 
passed this house. 

Onlere-.l, the same be carryed down to the Lower house by the persons abovementioned. 

A Message from the house of Representatives by Mathew Howell and Daniell Whithead 
Esq r> with A Bill to Enable the Respective Towns within this province to build and Eepaire 
their meeting houses and other pnblick buildings. 

The sd Bill Read the first and second time and Comitted to Coll" William Smith, Samuell 
Staats and Robert Walters Esq". 

wandaii ^t the Request of the said Alsop the matter Referred till to morrow 
Aisopp morning. 

Coll William Smith Cheif Justice of this province and Chairman of the Comittee to whom 
the Bill for Establishing Courts of Judicature &c was Comitted does Report to this houGble 
house. 

That the said Bill has a Clause in it that Constitutes a Supreme Court of Judicature in every 
City and County of this province, and we are humbly of opinion that the said Establishment 
in the said Clause mentioned, is all together Impracticable and Repugnant to the Comon and 
Statute Law of England that have Relation to the settlement of such Courts ; that the same 
would be an Incronchment upon the Kings prerogative and would Divest the Subject of the 
means of maintaining and securing his Just Rights and Imunities, which particular statutes and 
authorities of Law we are Ready to produce if soe Required to Justifie this our opinion, for 
which Reason we think the said Bill ought not to passe ; which is humbly submitted. 

A Message from the Assembly by Leonard Lewis and Abraham Gouverneur Esq" with the Bill 
for preventing those souldiers listed in his Majesties service from Deserting &c and the Bill for 
Enabling the City of New York to pay their debts &c and acquaints this house that the house 
of Representatives are humbly of opinion that the said Bill ought to passe without any 
amendment. 

The said persons alsoe layd before this house the Addresse of the house of Representatives on 
the petition of the Inhabitants of Hempstead. 

Adjourned till to morrow morning, 



At A Councill held at ffort William Henry, this 13" 1 day of May, 1699. 

PRESENT H>s Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPHEN CORTLANDT, } ROBERT LIVINGSTON, } 

WILLIAM SMITH, , Esq SAMUELL STAATS, > Esq M 

ABRAHAM DEPEYSTER, ) ROBERT WALTERS, ) 

A Message from the house of Representatives by Abraham Gouverneur and Hendrick Hansen 
Esq" with the Bill for Vacating Extrav.-mt (sic) Grants &c the said Bill being passed the house 
of Representatives with the following Amendments which were read and Assented to by this 
house (vizt) 

P,ig^ the first line the Twenty Ei . hth, add, That it haveing appeared before the house of 
^Representatives now Convened in Gencrall Assembly that M r Godfrey Dellius had been a 



1699.] Richard Earl of Bettomont, Governour. 141 

principal! Instrument in deluding the Mohaque Indians, and Illegal! and surreptitious obteining 
of the said Grant, That he ought to be and is hereby suspended from the Exercise of Iris 
Ministerial! (function in the City and County of Albany. That a provisoe be added saving unto 
the City of New York the Rights they have to the ffn sli Water, and Lands to low water mark 
behind ihe Kings Garden. 

w:indaii The Councill on both sides appeared this day and the matter again fully heard 

Ai"op and Debated on both sides, the will of Thomas Wandall and the Depositions taken 
by both parties before William Smith Esr[ r Cheif Justice, Read. The judgment given by the 
Supreme Court against the said Wandall, and the Affirmation thereof before the Governor and 
Councill of this province REVERSED, and ordered, that she be Restored to her possession of the 
Land Recovered ol her by the said Judgment, as if no such Judgment had ever passed against 
her. 

Coll William Smith Chairman of the Comittee to whose Inspection the Bill for enabling the 
Respective Towns &c was Comitted does Report that the same do passe without any 
amendm . 

The s:iid 15111 Read the Third time and passed this house. 

His Excellency Inforti s this house that lie admires that the house of Representatives pay soe 
little Deference to his Majesties order in Councill concerning a debt due to M r Livingston of 
Three hundred Eighty Eight pounds Eiiilit shillings and seaven pence. That he thought it his 
duty to Repeate the Recomendation of that matter to them, and again to desire them to take 
the same iii o their Consideration. 

The Gentlemen of the Councill approve thereof. 

Adjourned till Munday morning. 



At A Councill held at ffort W m Henry, this 15 * day of May, 1699. 

PRESENT His Excellency RICHARD Enrle of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

STEPII: CORTLANDT, } ROB LIVINGSTON, } 

WILLIAM SMITH, > Esq" SAMUELL STAATS, > Esq" 

ABRA : DEPEYSTER, ) ROBERT WALTERS, ) 

A Message to the house of Representatives by the Clerk of the Councill Requiring the 
Speaker and ihe whole house to attend his Excellency and Councill Iniediately at the tfort. 

The Clerk of the Councill Returned and Reported that the Speaker had left the Chair and 
would with the whole house Imediately attend his Lordship in Councell. 

The Speaker and house of Representatives being present his Excellency Informed them that 
by his Majesties order which he produced. Dated the tenth day of November 1698, his Majesty is 
pleased to Constitute and appoint James Graham Esq r amongst other persons therein named to 
be sworn of his Majesties Councell of this province, and his Excellency being suddenly to depart 
from hence in order to Repair to his other Governments he thought it Expedient to Comply 
with his Majesties said order, and the said James Graham Esq r being Speaker of the house of 
Representatives, his Excellency desired that they would proceed to the election of another 
Speaker, and that they would attend his Excellency and Councill at ffive of the Clock in the 
afternoone and present their Speaker. 

The said James Graham Esq r took the oaths appointed instead of the oaths of Allegiance 
and Supremacy and Subscribed the Test and Association and like took the oath of a privy 
Councellour of this province. 

The Clerk of the Councill Layd before this house, the Act for Continuing the post office, the 
Message of Councill about the flees annexed to the Revenue Bill and an order of the house of 
Representatives thereon together with the petition of John Marsh, and the Addresse of the 
house of Representatives to his Excellency and Councell on the said petition, the same being 
Delivered to him by the Speaker of the house of Representatives 

The Bill for granting unto his Majesty several! Duties for Defraying the publick Charge of the 
Government afier &c Read the Third time afid passed; The house of Representatives having 
Consented that the last part Relating to ffees only be left out. 

T!ie petition of John Marsh and the Addresse of the house of Representatives thereon Read 
and Deterred to further Consideration. 

The publick accounts of the Revenue being on the Eighth Instant Referred to Coll" 
Abraham Depeyster and others to be auditted and the said Coll Depeyster alleaging that his 
affairs at present call him from the City of New York. It is 

Ordered, that James Graham Esq r supply his Room in auditting the said accounts. 

Adjourned till three afternoone. 



142 Journal of the Legislative Council of New York. [2* aSSS . 

Post Meridiem 

PRESENTIBUS Eisdem and JAMES GRAHAM Esq r 

The house of Representatives presented Abraham Gouverncur their Speaker to Iris Excellency 
and Councell and Desired his Excellencies approbation. 

The Speaker made a modest Apology. 

His Lordship Confirmed their choice. 

The Speaker desired his Excellencies Confirmation of their Rights and priviledges as his 
Excellency had promised in the Beginning of this Session. 

Which his Lordship granted to them and ordered them to attend himselfe and Council! to 
morrow morning at Eight of the Clock 

Whereas Richard tHoyd Junior of the Town of Brookhaven in the County of Suffolk on the 
Island Nassau hath during the sitting of this present Assembly, in Contempt of his Majesties 
Authority and in Derogation of his Majesties Right to all Drift Whales, not knowing the 
claymer and without any power or direction from any person pretending to have killed any such 
Whale, Imployed Sundry persons to cutt up and Carry away a Certain Drift Whale which 
came on shoare within the manner of Saint Georges in the said County, and by undue practices 
hath Endeavoured to hide and Conceale the same from such persons as he well knew were 
Impowered on his Majesties behalfe. 

That upon due notice Given to his Excellency and the upper house, of this present Assembly 
in Justification of his Majesties Right, as well as that His Majesties subjects might not be 
defrauded of their Just Claims to any such ffish they did by warrant from this house Cause the 
same to be seized and putt into the hands of the person Imployed as aforesaid to have the Care 
and Inspection of his Majesties Right and Interest as aforesaid. 

It is therefore ordered and Decreed That the produce of the said Whale now in the Custody 
of the person Impowered to Inspect and Secure his Majesties Right on that part of the sea- 
Coast where the said Whale stranded on due proof of the property thereto made hy any of his 
Majesties subjects within this province within one month after the date hereof (which the 
person soe Impowered on his Majesties behalfe is hereby Invested with a Right to heare and 
Determine. That in such case, such part thereof as was lately agreed by Samnell Mulford to 
be allowed to Richard Richard (sic) ffloyd for trying and securing the same be allowed to the 
person soe Impowered on his Majesties behalfe as aforesaid for his Trouble in trying saving and 
securing the same which agreement soe made by the said Mulford is hereby declared to be null 
voyd and of none effect, and that all the Bone and the Remainder of the said Oyle upon such 
claime and proof made as aforesaid be delivered unto the person or persons who shall appeare 
to have Just Right to the same. And if no person or persons shall appear making claime 
thereof, within one month from the date hereof as aforesaid, that in such Crfse the person in 
whose Custody the produce of said Whale Remains be and is hereby Impowered and Directed 
to send such part of the Oyle and all the Bone aforesaid as should and is hereby directed to be 
Delivered to the Claimer proving his Right to the same with all convenient speed unto his 
Majesties Receiver General! at New York, who is hereby Required to Receive the same, and to 
pay such Charge as shall accrue for its transportation from where it now is, and if noe person 
shall make any claime unto the same in three months alter the same shall be in the Receiver 
Generalls hands and possession, that then the same shall be by him sold and disposed of to the 
use of our said Soveraign Lord the King. 

A Message from the Assembly by David Provoost, Leonard Lewis, Cornelius Sebran 
van Brunt, Uyer Schermerhoorn and Veight E*q rs presenting to his Excellency the 

petition and Remonstrance of the house of Representatives as also the Addresse of the said 
house upon the petitions of Jacob Mauritz and Johannes Provoost. 

Adjourned till to morrow morning. 



At a Coundll held at ffort W m Henry this 16" Day of May, 1699. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

Captain JOHN NANFAN, Lieutenant Governor, 

AURA : DEPEYSTER, ~\ 

STEPH. CORTLANDT, } ROBERT LIVINGSTON, ( E r , 

WILLIAM SMITH, >Esq" SAMCELL STAATS, ? 

JAMES GRAHAM, ) ROBERT WALTERS, j 

The Bill for Enabling the City and County of New York to pay their debts &c Read the 
Third time aud passed. 



1699.] Richard E.irl of BeUomont, Governour. 143 

His Lordship according to the usuall firm of passing Bills into Acts in this province in the 
presence of this house did sign the following Bills. Enacting them and ordering them to be 
Inrolled under the seale of the province, vizt 

A Bill for Indempnifying all such persons as were Excepted out of the Generall pardon made 
by Act of Generall Assembly in the year 1091. 

"A Bill for Repealing an Act of Assembly Intituled an Act for the Regulating damages done 
in the time of the late disorders &c 

A Bill for the Regulating and Returning able and Sufficient Jurors in Tryalls at Law. 

A Bill for ihe Restraining and punishing privateers and pirats. 

A Bill for preventing Vexatious Suits and Settling and Quieting the minds of his Majesties 
peaceable subjects within this province. 

An Act for selling the Estate of Jacob Milburne Esq r deceased. 

A Bill (or preventing of Trespasses. 

A Bill for the Raising of an Additionall duty for the defraying the debts of the Goverment. 

A Bill for granting unto his Majesty the surne of .2000 &c. 

A Bill for the Regulating Elections of Representatives &c. 

A Bill for Reviving an Act for Regulating the Reteining Attorneys at Law. 

A Bill for Continneing the Act for Encouraging the past offi*e two yeares longer after the 
Expiration of the last Act for Continuance thereof. 

A Bill to Enable the City and GVnnty ol Albany to Defray theire necessary Charge. 

A Bill for vacating breaking and Annulling several! Extravagant Grants of Land made by 
Cull" ffletcher late Governor of this province &c 

A Bill for preventing souldiers Listed in his Majesties service in this province of New York, 
from deserting his Majties said service. 

A Bill to Enable the Respective Towns within this province to build and Repair their meeting 
houses and other publick Buildings. 

A Bill for granting unto his Majesty severall Duties for the defraying the publick charge of 
the Government after the time Limitted &c. 

A Bill for the Enabling the City of New York to pay their debts & to Erect and Repair their 
publick buildings and Defray their necessary charge. 

The Speaker with the whole house of Representatives of this province pursuant to his 
Lordships orders yesterday to them, attending his Excellency and Councill, his Excellency 
acquainted them that he had passed severall Laws during the Sessions of this present Assembly, 
and ordered the Clerk of this house to Read the titles thereof. Which being done his Excellency 
said : 

Gentlemen , 

I thank you for the Testimony you have given of your duty and good Affection to the King 
in Continuing the Revenue and for all the other public Laws that have passed this Session. 

I alsoe thnnk you for the kindnesse and Respect you have showed my selfe on all occasions, 
I iim only Troubled that the Length of the Session has been such as will occasion an Increase 
of Charge to the Country, but you can all bear rne Witnesse the fault of it is not Imputable to 
me, for I have done all that became me to dispatch businesse as it Came before me. 

I could wish you had thought of a Bill to Reconcile parties tis what I expected from you, 
and since you have omitted it, I Earnestly Recomend to you, that you will now at your going 
home into your Respective countries, putt all Lavvfull means in practice to preserve the Kings 
peace, and not only soe, but that you also use the most effectual 1 means to perswade your 
neighbours to peace and Intire Reconciliation with one another, which is a duty they ow to 
God, and will be pleasing to the King, wh o as a true ffather of his people, Loves their prosperity 
and happiness which Consists cheitly in a perfect good understanding and union among 
themselves. 

Then his Excellency prorogued the Assembly to the twentieth day of September next, and 
acquainted them of his Intention to publish the Laws passed. this Session at the City hall 
Imediately. 



144 Journal of the Legislative Council of New York. [ "$ i^; 

SECOND ASSEMBLY SECOND SESSIONS. 
At a Councill held at ffort W m Henri/ this 2o M July, 1700. 

PRESENT His Excellency RICHARD Earle of BELJ,OMOXT, &c., 

STEPHEN CORTLANDT, } SAMCKLL STAATS, ) 

ABKA : DEPEYSTER, > Esq" ROHERT LIVINGSTON, > Esq 

JAMES GRAHAM, ) ROISEKT WALTERS, ) 

Ordered, that the Clerk of the Councill do acquaint the house of Representatives that his 
Excellency and Councill are of opinion that in Consideration that the Representatives of several! 
of the Counties of this province not being yet come to Town, the house should adjourn themselves 
to ten of the Clock to morrow morning. 



At a Councill held at fforl William Henry this 26 A day of July, 1700. 

PRESENT As yesterday. 

His Excellency adjourned the house of Representatives till to morrow morning ten of the 
Clock, and sent the Chirk of the Councill to acquaint the said house therewith, which he did 
accordingly. 



At a Councill held at ffort William Henry this 29 A day of July, 1700. 

PRESENT As on the six and Twentieth Instant. 

His Excellency ordered the Clerk of the Councill to acquaint the house of Representatives, 
that he desired their attendance at the ffort Imediately. Which was done. And the Speaker 
with the house of Representatives being present his Excellency sayd : 

Gentlemen, 

Speech. I thought a Sessions of the General! Assembly absolutely necessary at this time, that 

you might advise such measures as will best secure the ffive nations of Indians in their obedience 
to the Crown, which all of you know is of the last consequence to this and all the rest of the 
English plantations in America. Our neighbours of Canada know the value of the ffive nations 
to us, and therefore with Indefatigable pains are every day seduceing them from us by their 
Jesuits; and tis said that such of them as will not be seduced are many of them taken off by 
poyson. 

The proper Remedies against these growing mischiefs the Indians themselves have chaulked 
out to us. They have often pressed me with great Instance that they may have piotestant 
ministers to Instruct m in the Christian Religion, anfl a ffort to cover m from the Incursions of 
the ffrench and their Indians. I hope their will be a way found out to furnish them with 
Ministers from England, but for a ffort that belongs to you to provide. I am allwayes very 
tender of Engaging you in tilings of Expense, but the building a ffort to secure the Indians and 
satisfie them, is such an Expense, as I beleive every man of you will think Indispensably 
necessary, and that it should be built also out of hand that the Indians may be Encouraged by 
seeing there s care taken for their protection. 

Gentlemen of the house of Representatives, 

I hope there needs no other Argument than that I have now offerred to Quicken you to the 
giving such a supply as may build a ffort in the most Convenient part of the countrey for 
defence of the ffive Nations. You need not be told how much the honor and Interest of the 
Crown, and your own private Interest are Ingaged in the right managment and preservation of 
those Indians, and you cannot give the King a better Testimony of your duty and Affection to 
his Majesties person and goverrnent than by a cheerful! Compliance with what lias been now 
proposed to you. I would offer to you the passing some necessary Laws, but that I consider tis 
harvest time, and I will give as short an Interruption to your countrey affaires as I can, besides, 
I have appointed a meeting and Conference with the Sachims of the ffive Nations next week at 
Albany which I intend accordingly to perform. 



1700.] Richard Earl of Bellomont, Governour. 145 

The Speaker desired a copy of his Excellencies speech, which was given to him and 
withdrew. 

Adjourned till to morrow morning ten of the Clock. 



30 lh July 1700. His Excellency ordered the messenger of the Councill to acquaint the members 
of this board that by reason of his Indisposition he had adjourned the Councill till to morrow 
morning ten of the Clock. 



At a Councill held at ffort W n Henry this 31" July, 1700. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

STEPHEN COUTLANDT, ^ SAMUELL STAATS, ^ 

WILLIAM SMITH, > Esq ROBERT LIVINGSTON, > Esq 

ABRAHAM DEPEYSTER, ) ROBERT WALTERS, ) 

j.jim Mursii. Ordered, that the petition of John Marsh be Referred to Coll William Smith 

Coll" Abraham Depeyster Samuell Staats Robert Livingston and Robert Walters Esq rs who are 
to consider of the merritts thereof, and to report what they shall have done therein. 

Ordercf, that Coll William, Smith Coll Abraham Depeyster, Samuell Staats, Robert 
Livingston and Robert Walters Esq rs be a Comittee of the Councill to confer with a Comittee 
of the Assembly about that part of his Excellencyes speech Relating to the building a ffort for 
securing the {live Nations of Indians and that they meett and sitt at three of the Clock in the 
afternoon at the house of M" Davits. 

Adjourned till to morrow morning ten of the Clock. 

1" Day of August 1700. His Excellency by reason of his Indisposition adjourned the Councill 
till to morrow morning ten of the Clock. 



At a Councill held at ffort W m Henry this Second day of August, 1700. 

PRESENT As on the one and Thirtieth day of July last. 

His Excellency layd before this board a Bill for Regulating of ffences in Ulster county 
delivered to him by a Comittee of the house of Representatives appointed for that purpose, 
which was read the first time. 

Coll William Smith Chairman of the Comittee of the Councill appointed to Conferr with 
the Comittee of the Assembly about that part of his Excellencyes Speech relating to the 
building a ffort for securing the ffive nations of Indians does Report to this honoble Board that 
the Comittee from the house of Representatives, seem not to be satisfied of the necessity of 
erecting such a ffort, as his Excellency has mentioned in his speech to them and do offer for 
reasons the Remoteness of the place where they supose it may be Designed, the great 
Difficulty of sending men and other materialls necessary for such a work, and that both the 
Charge of building of it, Garrisoning of it, and victualling of it will be very great. That it 
will be near the Lake from whence the ffrench of Canada may come by water, and that if such 
a ffort in time of warr should by Treachery or Surprize be possessed by the ffrench it would be 
of very ill Consequence to this province. That if it shall be suposed for his Majesties service 
and the security of this province that such a ffortification be erected, they pray their house may 
be acquainted, what kind of ffortification is designed, of what materialls it is to be made, how 
it is to be garrisoned and maintained, and that a computation of the Charge of Building of it 
may be made and layd before their house. 

Post Meridiem. 

PKESENTIBUS Eisdem. 

His Excellency ordered the Clerk of the Councill to acquaint the house of Representatives 
that he desired their attendance Imediately at the ffort, Which was done, and the Speaker with 
the whole house attending his Excellency and Councill his Excellency Delivered to them in 
writing his Answer to the house of Representatives to the six Quaeries in their minutes about 
building a ffort for securing the ffive nations of Indians, which followed in h<zc verba: 

19 



146 Journal of the Legislative Council of New York. [ ^ . f ;- 

Answers to six Queries Conteincd in the Votes of the house of Representatives 
of New York of AVednesday the ;31 lb July 1700. 

1 st The necessity of Building a ft ort for defence of the Indians is plain from the Repeated 
pressing Instances of the ffive nations Expressed in all the messages they have sent to the 
Earle of Bellomont, ever since his being in the possession of the Govermt nt of this province. 
The Giving them therefore the satisfaction of complying with their desire (in the staggering 
condition they seem at present) may well pass for an argument of necessity, since if we do not 
humour them so as to Retrieve their Affection the ffrench will Infallibly take advantage of our 
Supinenesse, and will so caresse em as in a very short time to debauch em entirely from us. 
Besides lett not the difficulty of Building a ffort freighter] us the ffrench have taught us the 
way, their fort at Cadaracque is as remote from Canada, as this Intended ffort can be from 
Albany, yett that distance did not deter them from building the said ffort, nor has it discouraged 
them from furnishing the Garrison with all sorts of provisions. Lastly there is another 
Consideration which makes it necessary to erect a ffort Imediately as much in the Center of the 
ffive nations as may be, for the settlement of a good minister or two in the said ffort, to Instruct 
the Indians, which can never be otherwise Expected can be Complyed with, for no minister or 
ministers will venture to go and live among the Indians out of a ffort and English garrison, 
to the apparent and certain hazard of their lives, especially now their poysoning is become so 
comon a way of taking away the lives of men. 

2 d To the Second Quaere tis answered that the proper place for erecting a fFort is to be the 
work of the Kings Engineer, but tis suposed it will be most properly built somewhere in 
the Onondages Countrey, not only because they are in the center of the flive nations, but also 
because a ffort built on their Land, will best Confront the ffrench ffort of Cadaracque as being 
Contiguous thereunto and therefore most capable of offence and Defence. And in this point 
also it will be proper to Consult the Sachims of the ffive nations, and know of them what part 
of the Countrey will be most agreeable to them for the building a ffort, which the said Earl will 
do at the Conference he is to have with them this next week at Albany, tis Intended the said 
ffort shall be made of Sodd work well ditched and pallisado d 

3 d The Charge of Building such a ffort cannot reasonably be suposed to exceed fifteen hundred 
pounds. 

4 lb The Garrison proposed for this ffort is one hundred men under Comand of n Captain who 
is to have two Lieutenants under him, the said Garrison to be duly payd and Subsisted at the 
Kings Charge and the said ffort gunn d with twenty four great gunns six pounders. 

5 th The said Earle leaves the management of Building the said ffort to the Gentlemen of the 
house of Representatives soe far as Relates to the Heceits and payments of the said money. 

6 th Tis not practicable to make any answer to the Sixth Quaere, because the neighbouring 
Colonies are not in the power of the said Earl to Induce them to a Contribution to the Charge 
that has been proposed, neither indeed were it safe to delay this undertaking so long as till our 
neighbours could be asked the Q.uestion. 

A Bill for preventing Abuses dayly Comitted by Negro Slaves was layd before this board by 
his Excellency being delivered to him by a Comittee of the house of Representatives appointed 
for that purpose, and was read the ffirst time. 

Adjourned till to morrow morning ten of the Clock 



At a Councill held at ffort William Henry, this third day of August, 1700. 

PRESENT As yesterday. 

His Excellency layd before this board an Act against Jesuits and popish preists, which was 
Delivered to him by a Comittee of the house of Representatives appointed for that purpose 
AVhich was read the first and second time, and Comitted to the whole house. 
Adjourned till three of the clock afternoon. 

Post Meridiem. 
PUESENTIBUS Elsdem. 

Coll AVilliam Smith Chief Justice of this province and Chairman of the Comittee of the 
Councill to whom the Bill against Jesuits and popish preists was Comitted does Report to this 
honoble board. 

That in page the first Line the flfifteenth and in page the second Line the Seaventh the 
word [September] be blotted out, and the word [November] interlined. 

That in page the Third, Line the ffirst second third and fourth these words [one third part to 
his Majesty for and towards the support of the Goverment, one third to the Governor or 
Comander in Chief for the time being of this province, and the other third part to the Informer] 



1700.J Richard Earl of Bellomont, Governour. 147 

be obliterated and the words [one half to his majesty for and towards the support of the 
Govermcnt and the other half to the Informer who shall sue for the same, in any Court of 
Record within this province wherein no Essoign protection or wager of Law shall be allowed] 
be Interlined. 

That these words be added at the end of the Bill [Provided this Act shall not Extend or be 
Construed to Extend unto any of the Romish Clergy who shall happen to be shipwracked or 
through other adversity shall be cast on shore or driven into this province, so as he continue or 
abide no longer within the same than untill he may have opportunity of passage for his 
departure, soe also as sucli person Imediately upon his arrival 1 shall forthwith attend the 
Governor if near to his place of Residence or otherwise on one or more of the Conncill or next 
Justices of the peace and acquaint them with his Circumstances and observe the directions 
which they shall give him during his stay in the province. 

The said Report was Read and approved of, and the said Bill was read the third time together 
with the Amendments and passed, and ordered that Samuell Staats and Robert Walters Esq rs 
do carry the said Bill and Amendments to the house of Representatives for their Assent. 

Adjourned till to morrow morning ten of the Clock. 



At a Council! held at ffort William Henry, this fifth day August, 1700. 

PRESENT His Excellency RICHARD Eurh of BELLOMONT, &c., 

WILLIAM SMITH, ^ ROBERT LIVINGSTON, > gfrs 

ABRAHAM DEPEYSTER, >Esq ROBERT WALTERS, > 

SAMUELL STAATS, ) 

The memoriall of John Guest Read and Referred to the Consideration of the house of 
Representatives now sitting. 

Adjourned till three of the Clock afternoon. 

Post Meridiem. 

PRESENTIBUS Eisdem. 

Killian van Ranslaer and John Depeyster Esq" layd before this board the Bill against Jesuits 
and popish priests, the house of Representatives having Consented to the said Amendments. 
Adjourned till to morrow morning ten of the Clock. 



At a Councill held at ffort W " Henry, this sixth August, 1700. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

STEPHEN CORTLANDT, "} SAMUELL STAATS, ^ 

WILLIAM SMITH, Q-, r , ROBERT LIVINGSTON, > Esq 

JAMES GRAHAM, r ROBERT WALTERS, S 

ABRA : DEPEYSTER, j 

His Excellency layd before this board An Act for appointing and enabling Comissioners to 
Examine take and state the public Accounts of this Goverment Delivered to him by a Comittee 
of the house of Representatives appointed for that purpose, which was read the first and second 
time. 

A Bill for the preventing the abuses dayly Comitted by Negro Slaves, and a Bill for Regulating 
the fences in Ulster County Read the second time, and 

Oidercd, that the above three Bills be Referred to a Comittee of the whole house. 

Adjourned till to morrow morning. 



148 Journal of the Legislative Council of New York. [i? B": 

At a Councitt lield at ffort W m Henry, this seaventh August, 1700. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

STEPHEN CORTLANDT, } SAMITELL STAATS, } 

WILLIAM SMITH, >Esq" ROBERT LIVINGSTON, > Esq" 

ABRA: DEPEYSTER, ) ROBERT WALTERS, > 

Coll William Smith Chairman of the Comittee to whom the Consideration of severall Bills 
were Comitted does Report to this hono hle Board, That the Bill for Regulating ft ences in Ulster 
County the Reason of it is not clear to us, and we are of opinion that the parties at whose 
prayer it is made, do explain the Consequence thereof to this board. 

That the Bill for preventing abuses dayly Comitted by Negro Slaves, has a clause in it which 
gives greater Liberty to negroes than the L iw of England does to English-men and would 
Encourage them in Stealing and in Comitting Robberies and othe.r villanies, the punishment to 
be Inflicted on them if Convicted being so Inconsiderable, and that the same is also Contrary 
and Repugnant to the Laws of England, for which reason they are humbly of opinion that the 
said Bill ought not to passe. 

That in the Act for Appointing and enabling Comissioners to Examine take and state the 
publick accounts of this Goverment. The Sixteentli and Seaventeenth Lines of the third page 
these words [who is hereby Impovvered to administer the same] be left out, and that in page 
the fourth Line the fourth these words [and other tilings be left out. Which is humbly 
submitted. 



At A Council! held at ffort W n Henry, this Eighth of August, 1700, 

PRESENT His Excellency RICHARD Earle of BELLOJIONT, &c., 

WILLIAM SMITH, ) ROBERT LIVINGSTON, ) 

ABRAHAM DEPEYSTER, > Esq" ROBERT WALTERS, 3 ^ 

SAMUELL STAATS, ) 

A Message from the Assembly to this board by Leonard Lewis and Jan Janse Bleeker Esq r 
with a Bill for the better payment of the Representatives, which was Read the first and second 
time and Comitted to the members of this board or any three of them. 

Adjourned till five in the afternoon. 

Post Meridiem. 

PRESENTIBUS Eisdcm. 

His Excellency Laid before this board An Act for the better securing the ffive nations of 
Indians in their {fidelity to his Majestie the same being Delivered to him by a Comittee of the 
house of Representatives appointed thereto : which was read the first and second time and 
Comitted to this board. 

A Message from the Assembly to this board by Coll Jacob Rulsen &c with An Act for 
Reviving such actions and suites as were discontinued in the late Supreme Court of this province, 
and An Act for the Confirmation of a Certain patent granted by William Keift Esq r late Dutch 
Governor of this province unto Mathias Hansen late of Ulster County Deceased, and the 
Confirmation thereof by Richard Nicolls Esq r late Governor of this province unto the Coheires 
of the said Mathias Jansen Deceased. ^ 

The Bill for appointing and Enabling Comissioners to Examine take and state the publick 
accounts of this of this (sic) Goverment Head the third time together with the amendments and 
passed, and 

Ordered, that Samuell Staats Esq r do carry the same to the house of Representatives for their 
Assent. 



1700.] Richard Earl of Bdlomont, Governour. 149 

At a Councill held at fort W m Henry, this ninth day of August, 1700. 
PRESENT- His Excellency RICHARD Earle r>f BELLOMONT, &c., 

STEPHEN CORTLANDT, } SAMUELI, STAATS, ~) 

WILLIAM SMITH, > Esq" ROBERT LIVINGSTON, > Esq 

AURA : DEPEYSTER, ) ROBERT WALTERS, ) 

Thomas Morgan and Ryer Schermerhoorn Esq from the Assembly brought to this board the 
Bill for appointing and Enabling Comissioners to Examine take and State the publick Accounts 
of this Government, the house of Representatives having consented to the amendments. 

His Excellency having layd before the Councill the Consideration of a Bill Entituled an Act 
for the better securing the ffive nations of Indians in their ffidelity to his Majesty. They are 
humbly of opinion that the money granted by the said Bill will not Extend to defray the charge 
of the Intended ffortification, and that the manner of Raising the same will be pernicious to the 
trade of this province and Destructive to his Majesties Established Revenue within the same 
Especially of such Branches thereof as this new Additionall duty is charged on Yett they 
Considering the great Importance of giving Satisfaction to the Indians of the ffive Nations, that 
it is the Intention of the General! Assembly that a ffort be erected at the publick charge for their 
security; Therefore for that reason only and to comply with the present necessity do advise his 
Excellency to passe the same, but that it be done under the protestation of what ill consequence 
the manner of Raising this money may be to the province untill his Majesties pleasure be known 
herein or that some other Expedient be found to supply the Defects of the said Bill, which 
Report being read was approved of by his Excellency. 

The Bill for the better securing the five nations of Indians in their ffidelity to his Majestie 
read the third time and passed. 

His Excellency according to the usuall forme of passing Bills into Acts in this province in the 
presence of this board did sign the following Bills Enacting them and ordering them to be 
Inrolled under the seale of the province vizt. 

1. An Act against Jesuits and Popish priests. 

2. An Act for appointing and enabling Comissioners to Examine take and state the publick 
Accounts of the Goverment. 

3. An Act for the better securing the five nations of Indians in their ffidelity to his Majesty. 

Ordered, the Clerk of the Councill do acquaint the house of Representatives that his Excellency 
and Councill desire their attendance Imediately at the ftbrt. Which being done, And the 
Speaker with the whole house being present his Excellency acquainted them with what Acts he 
had passed, by reading the titles thereof to them, and ordered the Clerk to read to them the 
Report of the Gentlemen of the Councill on the Bill for better securing the ffive Nations of 
Indians in their ffidelity to his Majesty, and told them that he Joyned with the Councill in 
opinion that the said Act would be distructive to the Trade and Revenue of this province, that 
they had in a strange manner Demonstrated their Loyalty and Affection to his Miijesty : That 
however he thought it (itt as the present circumstance of things Required to passe the same, 
and to prorogue the said Assembly to the first day of October next Easueing, and 

They are hereby prorogued accordingly. 



SECOND ASSEMBLY THIRD SESSIONS. 
At a Councill held at ffort William Henry this Second of October, 1700. 



PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

STEPHEN CORTLANDT, ^ SAMUELI, STAATS, 

WILLIAM SMITH, > Esq" 

ABRA : DEPEYSTER, ) 

His Excellency acquainted the Councill that yesterday the house of Representatives sent to 
him and acquainted him that but ffive of the members were yett come to Town, and desired 
to know if they might adjourn themselves, till the morrow morning, which he had ordered 
them to do accordingly. 



SAMUELL STAATS, > 
ROBERT LIVINGSTON, > Esq" 
ROBERT WALTERS, ) 



150 Journal of the Legislative Council of New York. [M l B ",T: 

The Council! approve thereof. 

Then his Excellency with the advice of the Councill adjourned the Assembly till to morrow 
three of the Clock afternoon, the members not being yett come to Town. 
Adjourned till to morrow three of the Clock afternoon. 



At a Council held at ffort William Henry this Third of October, 1700. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

STEPHEN CORTLANDT, } SAMUELL STAATS, ) j, 

WILLIAM SMITH, > Esq" ROBERT WALTERS, 5 

AURA: DKPEYSTER, ; 

His Excellency adjourned the Assembly to Munday morning ten of the Clock the members 
not being yet come to Town 

Adjourned till Munday morning ten of the Clock 



At A Councill held at ffort W m Henry, this seaventh day of October, 1700. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

STEPHEN CORTLANDT, i SAMUELL STAATS, ) -^ 

WILLIAM SMITH, > Esq" ROBERT WALTERS, ) 

AURA : DEPEYSTER, ) 

The Clerk of the Assembly acquainted his Excellency that the Representatives were not yet 
come to town. Whereupon his Lordship advised them to adjourn till to morrow morning nine 
of the Clock. 

Adjourned till to morrow morning nine of the Clock 



At A Councill held at ffort William Henry 8" 1 of October, 1700. 

PRESENT As yesterday. 

His Excellency being Informed by the Clark of the Assembly that the Representatives were 
not yett come to town, advised them to adjourn till to morrow morning nine of the Clock. 
Adjourned till to morrow morning nine of the Clock. 

9 th October 1700. Adjourned to to morrow morning nine of the Clock. 
10 th October 1700. Adjourned to to morrow morning nine of the Clock 

At A Councill held at ffort W m Henry this ll h October, 1700. 



PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

WILLIAM SMITH, > ^ rs SAMUELL STAATS, 7 F 

AURA. DEPEYSTER, 5 ^ sq ROBERT WALTERS, 5 

Coll CORTLANDT sick 

The Clark of the Assembly acquainted his Excellency in Councill that but three of the 
members of the Assembly were now absent and that the rest attended his Lordships pleasure. 
Whereupon his Excellency ordered the Clerk of the Assembly to acquaint them that he 
desired their attendance Imediately. 

The house of Representatives being present his Excellency Recomended unto them the 
Repealing the Act passed the last Session of the Assembly Intituled an Act for the better 
securing the ffive nations of Indians in their {fidelity to his Mojtie, which will not answer the 
end Intended, and hath been generally declared by the merchants of this province to be 
pernicious to the trade thereof, and a diminution of the Revenue within the same, and advised 



1700.] Richard Earl of Bellomont, Grovernour. 151 

them to passe a Law for the raising the sume therein mentioned, for the use Intended, and 
told them that whatsoever else he had to Recomend to them should be sent to them in 
writing. Whereupon they withdrew 
Adjourned till to morrow morning. 

12 th October 1700 Adjourned till Munday morning. 
14 tb October 1700 Adjourned till to morrow morning. 
15 lk October 1700 Adjourned till to morrow morning. 



At A Councill held at fort W m Henry this 16 A of October, 1700. 

PRESENT Ills Excellency RICHARD Earle of BELLOMONT, &c., 

WILLIAM SMITH, ^ ROBERT LIVINGSTON, ) r , 

ABRAHAM DEFEYSTER, > Esq ROBERT WALTERS, ) 

SAMUELL STAATS, ) 

An Act for the Better payment of the Representatives being layd before this board by his 
Excellency the same having been Delivered to him by Members of the house of Representatives 
appointed thereunto was Read the first and second time and Comitted to this board. 

Adjourned till to morrow morning. 

17 lh October 1700. Adjourned till to morrow morning. 
18 tb October 1700. Adjourned till to morrow morning. 



At A Councill held at fort William Henry this 19 * of October, 1700. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

ABRAHAM DEPEYSTER, ) p r , ROBERT LIVINGSTON, ) -p 

SAMUELL STAATS, \ sc ^ ROBERT WALTERS, \ sc ^ 

Coll CORTLANDT sick The rest out of Town. 

An Act for declaring the Town of Eastchester in the County of Westchester a distinct 
parish from the Town of Westchester in the County aforesaid was produced at this board by 
his Excellency being Delivered to him by members of the house of Representatives appointed 
thereunto and Read the first and second time and Comitted to the members of this board 

Adjourned till Munday morning 



At A Councill held at ffort William Henry this 21 A of October, 1700. 

PRESENT His Excellency RICHARD Earle of BELLOMONT, &c., 

ABRAHAM DEPEYSTER, ) Coll CORTLANDT sick 

SAMUELL STAATS, > Esq" The rest out of Town. 

ROBERT WALTERS, ) 

An Act for the Incouraging the Brewing of Beer and making of Malt in this province was 
was produced at this board by his Excellency being Delivered to him by members of the house 
of Representatives appointed thereunto, and Read the first and second time, and Comitted to 
the members of his Majesties Councill. 

Adjourned till to morrow morning. 



Ia2 Journal of the Leislative Council of New York. 






At A Council! held at fort William Henry this 22" October, 1700. 

PRESENT His Excellency RICHARD Earlc of BELLOMONT, &c., 

STEPHEN CORTLANDT, j) ROBERT LIVINGSTON, ) 

ABRAHAM DEPEYSTER, > Esq" ROBERT WALTERS, 5 S ^ 

SAMUELL STAATS, ) 

A Bill for preventing the Vexations and Oppressions that are or may be occasioned by Arrest 
of Judgment Superseding Executions, writts of Error and other Chargeable and oppressive 
proceedings in Law in the Supreme Court of Judicature of this province wits layd before this 
board by his Excellency being delivered to him by members of the house of Representatives 
appointed thereunto, and was Read the ffirst time 

Adjourned till to morrow 



At A Councill held at ffort William Henry this 23" 1 of October, 1700. 

PRESENT As yesterday. 

The Bill for preventing the Vexations and Oppressions that are or may be occasioned by 
Arrest of Judgment &c Read the second time and Comitted to the whole board 
Adjourned till to morrow morning. 



At A Councill held at ffort W m Henry this 24 * of October, 1700. 

PRESENT As yesterday. 

A Bill for punishing Officers and Souldiers who shall mutiny or desert his M;ijties service and to 
prevent their being harboured and Concealed by the Inhabitants of this province, and to Incourage 
the seizing and securing such as shall desert his Majesties service for the future, and a Bill for 
appointing and Enabling Comissioners to Examine take and state the publick Accounts of this 
province were layd before this board by his Excellency being Delivered to him by members of 
the house of Representatives appointed for that purpose and read the first and second time, 
and Comitted to the members of this board now present. 

TO prevent oppression. A Bill to prevent Oppression was sent up to his Excellency and Councill from 
the house of Representatives by Jacob Rutsen and Daniell White-head Esq rs and read the first 
and second time, and Comitted to the members of this board. 

Coll Stephen Cortlandt Chairman of the Comittee to whome several! Bills were Referred 
does Report to this honoble board that the Act for preventing Vexations and Oppressions that 
are or may be occasioned by arrest of Judgment, Superseding Executions, Writts of Error and 
other Chargable and oppressive proceedings of Law in the Supreme Court of Judicature of this 
province, wholly conteins matter pointing to the giving directions for the proceedings in the 
Courts of Law in this province ; That they are informed that his most Sacred Majesty hath 
been s > gracious to this province, as to appoint a Chief Justice and an Attorney G-enerall 
Gentlemen Educated and Experienced in the Law who are dayly Expected for which reason 
they are of opinion that this Bill be Deferred untill their arrival!. 

That the Act for better payment of the Representatives appeares to this Comittee to be of no 
more force or validity, than the Act formerly passed for the same purpose, and that the 
Representatives would not by the passing the said Act be secured of their sallary more than by 
the former, but they are of opinion that a Bill ought to be brought in for the effectuall securing 
a dayly sallary of six shillings to each Representative. 

That in the Act for Incouraging the Brewing of Beer and making of Malt in this province, 
page the first line the ffourteenth the word [proclamation] be obliterated, and the word 
[publication] be Inserted. 

That as to the Bill for Declaring the Town of East-chester in the County of Westchester a 
distinct parish from the Town of Westchester in the County aforesaid, the Comittee desire his 
Excellency will please to Inspect his Comission and Instructions, to see if nothing therein 
mentioned is an Infringement of the prerogative Royall. 

Which Report being Read was approved of by this board. 

Adjourned till to morrow morning. 



1700.] Richard Earl of Bellomont, Governour. 153 

At a Councill held at ffort William Henry this 25" October, 1700. 

PRESENT As yesterday. 

Coll" Stephen Cortlandt Chairman of the Comittee to whom the Bill for punishing officers 
and sonhliers who shall mutiny or desert his Majesties service &c does Report to this honoble 
board That in Line the seaventh page llie first between the word [be] and the word [should] 
these words be Interlined [in his Majesties pay within this province] That in page the second 
Line the Thirteenth, between the word [Governor] and the word [Comander] Leave out the 
word [and] and Insert the word [or] That in page the Third Line the second these words 
[Comander or Governor in Chit f] be obliterated and these words [Governor or Comander in 
Chief for the lime bein] be inserted. That in page the fourth Line the first before the word 
[Assisting] Insert the word [Advising] That in page the fourth Line the Twentieth between 
the word [Albany] and the word [and] insert these words [or any other garrison in this province] 
That in page the (Fifth Line the first, between the word [Albany] and the word [as] these 
words be Inserted [or any other in this province] That in page the tHfth Line the Third, and 
in page the (fifth Line the Twelfth, these words [capps or other ffurniture] be obliterated 
and those words [or Accoutrements] be Inserted. That in page the fifth Line the Sixteenth, 
between the word [province] and the word [Intituled] Insert these words [made in the Eleaventh 
yeare of his Majesties Reign]. 

The said Bill together with the amendments being Read the third time is passed, and 

Ordvml, That Samuel! Staats and Robert Walters Esq" do carry the said Bill together with 
the Amendments to the house of Representatives for their Assent to the said Amendments. 

A Bill for Incouraging of Seamen, together with a Bill for Vvacating and making voydall such 
patents as have been lately granted and fraudulently obteined from the late Governor of this 
province, of diverse quantities of Land on a place called Cowneck &c. was layd before this board 
by his Excellency being delivered to him by members of the house of Representatives of this 
province appointed thereunto. 

Adjourned till to morrow morning. 



At a Councill held at Fort William Henry this 26 A of October 1700. 

PRESENT As yesterday. 

The Bill for punishing officers and Souldiers who shall mutiny or desert his Majesties service 
&c having been sent to this board from the house of Representatives by persons appointed 
thereunto, and Delivered to his Excellency with the amendments yesterday sent down therewith 
agreed to by the said house, were amended accordingly and again read and pnssed, and his 
Excellency gave the Assent to the same Enacting it and ordering it to be Enrolled under the 
seale of the province, and the Exigency of affaires Requiring the same, it was this day published 
at the City hall of the City of New York. 

Adjourned till Munday morning. 

2S lh October 1700. Adjourned till Tuesday morning. 



At a Councill held at ffort William Henry, this 29 A October, 1700. 

PRESENT His Excellency RICHARD Earl of BELLOMONT, &c., 

STEPHEN CORTLANDT, ~) ROBERT LIVINGSTON, ) p 

ABRAHAM DEPEYSTER, > Esq ROBERT WALTERS, 5 

SAMUELL STAATS, ) 

The Bill for Incouraging Seamen read the ffirst and second time, and Comitted to this 
board. 

The Bill for Incouraging the Brewing of Beer, and making of Malt in this province, was Read 
the third time together with the Amendments and passed, and 

Ordered, that the same be carried down to the house of Representatives for their Assent to 
the said Amendments. 

That part of the Report of the Comittee of the Councill to whom severall Bills were 
referred made to this board on the four and twentieth Instant Relating to the Bill for 
declaring the town of Eastchester in the County of Westchester a distinct parish from the Town 

20 



154 Journal Qi the Legislative Council of New York. [^s^T 

of Westchester in the County aforesaid being Read, nnd his Excellency having Inspected his 
Instructions and acquainted the hoard with that part they Desired of him The said Couiittee do 
Report to this board That the following amendments be made in the said Bill vizt That in page 
the Third Line the ffirst Leave out [and] after the word thereof; arid put in [do] and in the 
same Line leave out the words [and settle] In Line the Second before the word [protestant] 
putt iu the word [orthodox]. 

The said Bill was Read the Third time, together with the Amendments and passed, and 
ordered the same be carried down to the house of Representatives for their Assent to the said 
amendments. 

Isaac Dereymer, Jacob Rutsen, Daniell Whit^head and Ryer Schermerhoorn Esq from the 
house of Representatives brought to this Board a Bill for Repealing An Act of Assembly 
Entituled An Act for the better securing the fh ve nations of Indians in their (fidelity to his 
majesty, and for a thousand pounds to be raised for the Building of a fl ort for the security of the 
said nations of Indians. 

Which was read the first and second time, and Comitted to this board. 

Adjourned till to morrow. 



At a Coundll held at jf art William Henri/, this 30" of October, 1700. 

PKESENT As yesterday. 

Coll" Stephen Cortlandt Chairman of the Cotnittee to whom the Consideration of several! Bills 
were Comitted does Report to this hono l>le Board That in the Bill for Repealing An Act of 
Assembly Intituled An Act for the Better Securing tin: Hive nations of Indians in their (fidelity 
to his majesty &c In the Title thereof Line the Third these words [one thousand pounds to be 
raised] be obliterated, and these words [granting unto his Majesty the sume of one thousand 
pounds] be Inserted. And that in Line the fourth. Between the word [the] and [nations] Insert 
the word [ffive] That in page the first Line the fourth these words [of the same] be obliterated, 
and the word [thereof] be Inserted. That in page the first Line the fh tth Between the word [Act] 
and the word [Intituled] Insert these words [made in this present yeare of his majesties Reigne] 
and that in the end of the seaventh Line these words [for the same] be obliterated. That iu 
page the Third Line the ninth make [Residenters] [Residents] That in page the sixth Line the 
Third and fourth these words be obliterated [who are hereby Impowered and authorized]. That 
in page the Eighth Line the fourth these words be obliterated [who are hereby Required and 
Impowered to do the same] That in page the Eighth Lines the Sixteenth and seaventeenth these 
words be obliterated [shall be neglected or refused to be payd] That in page the Eighth Line 
the Twentieth between the word [Required] and the word [for] Insert these words [and 
Impowered] That in page the ninth Line the first between the word [pay] and the word [his] 
Insert the word [on] That in page the ninth Line the ffourteenth between the word [Constable] 
and the word [any] take away the word [or] and Insert the word [and] That in page the tenth 
Line the ninth make the word [and] [or] That these words be Inserted in the end of the Bill 
[and that in case of the death or other disability of the managers for building the said ft ort, that 
the Governor or Comander in Chief of the said province for the time being do nominate and 
appoint another or other fitt person or persons in the Room or Stead of him or them so dying 
or being otherwise disabled as aforesaid]. 

That in the Bill Intituled an Act for appointing and Enabling Comissioners to Examine take 
and state the publick Accounts of this province, page the Third, Line the Eighth after the 
word [Accounts] Insert the following words [of all Imbezil Intents and Concealments of Goods 
and moneys seized and forfieted to the Kings Majtie by any penall Law or Statute] That in 
page the Second Line the Eleaventh after the word [his] Insert the word [present] That in page 
the third, Line the last after the word [money] Insert the following words [and also all persons 
suspected to have been any wayes Concerned in the Imbezilling or concealing any goods or 
moneys seized or forfieted to the Kings Majesty by any penall Law or Statute as aforesaid] 
That in page the Second, Line the last after the word [being] Leave out the words [ordering 
them] That in page the Sixth, Line the last between the word [Twelfth] and the word [of] 
Insert the word [yeare] 

The said Two Bills being Read the Third time Together with the Amendments are passed, 
and ordered that the same be sent down to the house of Representatives for their Assent to the 
said Amendments and Samuell Staats and Robert Walters Esq" are hereby desired to carry the 
same. 

Coll" Stephen Cortlandt Chairman of the Comittee to whom severall Bills were referred does 
Report to this honoble Board that the Bill for Inconragmg of Seamen do passe without any 
Amendment, and that the Bill to prevent oppression be referred to further Consideration. 

The Biil for the Incouraging of Seamen Read the Third time and passed. 



1700.] Richard Earl of Bellomont, Grovernour. 155 

The Bill for Incouraging the Brewing of Beer and making of Malt within this province, and 
the Bill for declaring the Town of East-Chester in the County of Westchester a distinct parish 
from the Town of Westchester in the County aforesaid having been sent to this board by the 
house of Representatives by persons appointed thereunto and Delivered to his Excellency with 
the Amendments sent down therewith agreed to by the said house and amended accordingly 
was again Read and passed. 

Adjourned till to morrow morning 

31 lh October 1700 Adjourned till to morrow morning. 



At a Councill held at ffbrt William Henry this first November, 1700. 

PRESENT His Excellency RICHARD Earl >f BELLOMONT, &c., 

STEPHEN CORTLANDT, ) ROBERT LIVINGSTON, ) F ri 

ABRAHAM DEPEYSTER, > Esq HOUEUT WALTERS, j 

SAMUELL STAATS, ) 

His Excellency Luyd before this board a Bill for Confirmation of a Certain Agreement made 
by Thomas Swartwout and Company of the one part, and Genlt Aertsen and C impany of the 
other part, and also a Bill for the S j ttling and mending the lug iways and by wayes in 
the County of Ulster which were delivered to hirn by members of the house of Representatives 
appointed thereunto. 

His Excellency also produced to this board the Bill for Repealing an Act of Assembly 
Intituled an Act for the Better securing the flive nations of Indians in their fidelity to his 
majesty &c and the Bill for appointing and Enabling Comissioners to Examine take and state 
puulick Accounts of this province, which were sent with several! amendments from this board 
to the house of Representatives on the Thirtieth day of October last, and they having 
agreed to severall of the sd amendments the said Bills were amended accordingly and again 
Read and passed. 

Adjourned till to morrow 



At a Councill held at ffort William Henry this second day of November, 1700. 
PRESENT As yesterday. 

His Excellency ordered the Clerk of the Councill to acquaint the house of Representatives 
that he desired their attendance Imediately. 

The house of Representatives being present his Excellency signed the following Bills 
Enacting them and ordering them to be Enrolled under the scale of the province (vizt) 

1" An Act for Incouraging the Brewing of Beer and making of Malt in this province. 

2 d An Act Declaringthe Town of East Chester in the County of Westchester a distinct parish 
from the Town of Westchester in the County aforesd. 

3 d An Act for appointing and Enabling Comissioners to Examine take and state the Publick 
Accounts ot this province. 

4 lh An Act for Repealing An Act of Assembly Intituled An Act for the better securing the 
(five Nations of Indians in their ffidelity to his Majesty and for granting unto his Majtie 
the sume of one thousand pounds for the Building a fl ort for the security of the frive Nations of 
Indians. 

5 ch An Act for the Incouraging of Seamen. 

Then his Excellency told them that there were severall other Bills sent up from them to this 
board, but they mostly conteining matter of property or the Courts of Law in this province, his 
Excellency and Councill thought itadviseable not to Intermeddle with the same, in Regard that 
he hath Received advise that his Majtie for the good and wellfare of this province hath appointed 
a Chief Justice and Attorney Generall, men of study, knowledge and Experience in the Law, 
who are now dayly Expected by whose advice and Assistance he hopes measures will be taken 
that every persons property may be effectually secured to him and that the Courts of Judicature 
will be Established for the ease and benefitt of the Subject Inhabitants here. 

Then his Excellency prorogued the Assembly untill the ffirst Wednesday in Aprill next, and 
they are hereby prorogued accordingly. 



P7th 



156 Journal of the Legislative Council of New York. [ Sl . fliS . n . 

And the Gentlemen of the Councill and Scverall of the members of the house of Represen 
tatives agreed to meet at the City hall, and publish the Acts now passed, on Munday morning 
next, which were then and there published accordingly. 



[New York Col. MSS. XLIV., 131 ] 

BY THE HONOURABLE 

John Nan/an Esq, His Majesties Lieut. Gnvernour and Commander in Chief in and over the 
Province of New York, and Territories depending thereon in America, and Vice Admiral of 
the same. 

A PROCLAMATION 

WHEREAS it hath pleased Almighty God, in the time of my absence from this Province, to 
take unto himself, the really Noble Lord Richard Earl of ttcllomont, late Capt General and 
Governour in Chief thereof; and that the time to which the General! Assembly was by his said 
Excellency last Prorogued, did happen after the Death of his said Excellency, and before my 
Return again, by which means warm Debates did arise, and some Mis-understandings happen, 
about t\\o Rig/i/of Administration of Government, and particularly in the Houseof Representatives, 
concerning the Legality of their sitting since the late Earl of Bcllomonl s Decease. I being 
desirous to put an end to all Differences and Mis-understanding amongst his Majesties Subjects, 
the Inhabitants of this Province, and that for the future they may be firmly united in his Majesties 
Interest and Service, as well as their own good and Wellfair, have therefore thought fit, and I 
do by these Presents Declare the Assembly ot this Province DISSOLVED, and the General Assembly 
of this Province is hereby DISSOLVED accordingly. 

Given at Fort William Henry in New-York this first Dai/ of June 1701, and in 
the Thirteenth Year of his Majesties Reign. 

JOHN NANFAN. 
God save the KING. 



[IN EXECUTIVE SESSION.] 

1st June, 1701. 

Ordered, that the Secretary do prepare Writts for the Election of a Generall Assembly of 
this Province to meet and sitt on the first Tuesday in August next Ensueing: That the said 
writts be pursuant to the Act of Assembly Intituled, An Act for Regulating Elections of 
Representatives in Generall Assembly in each Respective City and County Within this 
province. 



EIGHTH ASSEMBLY FIRST SESSIONS. 
At a Councill held at fort William Henry this nineteenth day of August, 1701. 

PRESENT The Honoble JOHN NANFAN, Esq r , &c., 

PETER SCHUYLER, ~\ EGBERT WALTERS, ^ 

ABRA: DEPEYSTER, Q^ rs THOMAS WEAVER, > Esq 

SAMUELL STAATS, WILLIAM ATWOOD, ) 

ROBERT LIVINGSTON, J 

The Clark of the Assembly Informed this board that the Representatives of the severall 
counties in this province were all mett Except one only of the Members of Queens County, who 
is hourly Expected. 

Whereupon his honor the Governor appointed William Atwood Esq r Chief Justice of the 
province, together with Coll Abraham Depeyster and Robert Livingston Esq" to administer 
the oaths appointed by act of parliament to be taken instead of the oaths of Allegiance 
and Supremacy to the said Representatives, and to cause them to subscribe the Test and 
Association, and gave unto them a Dedimus potestatem under the seale of the province for 
that purpose. 

Post Meridiem 

PRE^ENTIBUS EisJctg, 

The Gentlemen of the Councill appointed by a writt of Dedimus potestatem to administer 
the oaths appointed by act of parliament to be t iken instead of the oathes of Allegiance and 
Supremacy to the members of the house of Representatives of this province and to cause 
them to subscribe the Test and association having returned the said writt duly executed by 
them It is 

Ordered, that the Clark of the Councill do wait on the house of Representatives and acquaint 
them that the Governor in Councill desires their Imediite attendance, which being done, and 
the house of Representatives being present before this board, the Governor desired them to 
repair to their house and proceed to the Election of a speaker, and then to return and attend 
him with their Speaker. 

The house of Representatives being Returned they presented Abraham Gouverneur Esq r 
their Speaker to the Governor and desired his honors approbation. 

The Speaker made a modest apology. 

The Governor Confirmed their choice. 

Then the Speak-r acquainted the Governor that by order of the house of Representatives, 
he demanded their former rights and priviledges vizt 

That they may have (Freedom of accesse to his honors person when occasion Requires. 

That they may have Liberty of Speech, and a favourable Construction upon the debates 
which may arise amongst them. 

That in all misunderstandings which may arise between the Councill and this house upon any 
Subject matter, which shall be concluded by them, that in such case a Comittee of the Councill 
may be appointed to Conferr with a Comittee of this house, for the adjusting and reconciling 
all such dirFerrences, and that these their requests may be approved by his honor in Councill 
and entered in the Councill books accordingly. 

Then the Governor sayd as followeth vizt. 

Gcntlrmcn, 

As I am Impowered by his Majesty by the Consent of the Councill and you the Representatives, 
to provide for the publick peace welfare and good goverment, and for the benefitt of his 
majesty his heires and Successors; for these ends have I now called you together, to which I 
am and shall be ready to Contribute all that lies in my power, and hope I shall meet with the 
like disposition in you 

I cannot but take it as a praesage of the future success of my Endeavours for the good of this 
province, that at this time, when the danger of warr makes it requisite to be well assured of 
the ffiMelity of our ffive nations of Indians, they have not only repeated their assurances in 
such a manner as has been sacred among em but Conveyed to the Crown of England a vast 
Tract of Land of great consequence for preventing their necessity of Submitting to the 
neighbouring power 



158 Journal of the Legislative Council of Neio York. 

His Majesty who is a most Indulgent ffather to his people has manifested a particular care 
over you ; besides the Constant Charge of the additional! forces, he has out of his own 
Exchtquer supply d two thousand five hundred pounds sterling for fforts, and Eight hundred 
pounds in Seasonahle gifts to the Indians and for the better administration of Justice among 
you, has settled three hundred pounds a year upon a Chief Justice and one hundred and fifty 
upon an Attorney Generall, all which are of that Importance to you, that so much money may 
well be thought spared out of your purses. 

I perswade my self I need not press this as a motive for your continuing the Act Intituled 
An Act for raising an additionall duty for the defraying the debts of the goverment, which 
Expired in May last, and it may deserve your Consideration whether the last Act for granting 
his Majesty several! duties for defraying the publick Charge of the Goverment, wants not 
some Amendments to make it more effectual!. You cannot but know that your own Interests 
and preservation are nearly concerned in the Support of the Goverment. 

This I hope may prevaile with you to lay aside all heats and Animosities and to proceed 
unanimously to those things that may tend to the security and happinesse of this province 

I should think that every man should be sensible that unity and unanimity is at this time 
more necessary than it has ever been since your being under the protection of the Crown of 
England. 

As I can answer for the sincerity of my own Intentions I doubt not but you will find a 
Concurrence in the Council), and I hope we shall every one strive who shall excell in Zeale for 
the good of this province and the service of his Majesty King William whom God long preserve 
to Reign over us. 

Then the Representatives withdrew 



At a Councill held at ffort William Henry this two and twentieth day of August, 1J01. 

ft 

PRESENT The HonoUe JOHN NANFAN Esq r , &c., 

WILLIAM SMITH, } ROBERT WALTERS, ^ 

PETER SCHUYLER, (. V " TlIOMAS WEAVER, > Esq" 

ABRAHAM DEPEYSTER, ? WILLIAM ATWOOD, ) 

SAMUELL STAATS, } 

Cornelius Sobering and Thomas Morgan Esq" from the Assembly desired the Governor in 
Councill to cause the oaths appointed by act of parliament to be tiiken instead of the oaths of 
Allegiance and Supremacy to be administered to Ryer Schermerhoorn Esq r and to see him 
subscribe the Test and Association, which was done before this board. 



A t a Councill held at ffort William Henry this six and twentieth day of August, 1701. 

PRESENT The HonoUe JOHN NANFAN Esq r , &c., 

ABRAHAM DEPEYSTER, ^ ROBERT WALTERS, ^ 

SAMUELL STAATS, > Esq" THOMAS WEAVER, > Esq" 

ROBERT LIVINGSTON, ) WILLIAM ATWOOD, S 

David Provoost and Arian Gerritse Esq" from the Assembly desired that the oaths appointed 
by act of parliament to be taken instead of the oaths of Allegiance and Supremacy may be 
administered to Henry ffowler Esq r and that the said ffowler may subscribe the Test arid 
Association before this board to qualify him to sitt and act as a Representatives in the General! 
Assembly which was done accordingly. 

Ordered, that the Clark of the Councill do acquaint the house of Representatives that this 
board do believe it necessary for his Mujties Service, that the public accounts of the Customs 
and Revenue of this province kept by Coll" Stephen Courtlandt late one of the Comissioners 
for managing the office of Collector and Receiver Generall should be iinediately stated and 
adjusted, and do desire that in case the Comissioners appointed by Act of Generall Assembly 
to Examine take and state the publick accounts of this province have not made their Report to 
the house of Representatives pursuant to the said act, that the said house would order them 
to do the same forthwith. 

And this board do also desire that the said house would forthwith apply themselves to the 
Consideracon of the Imediate defence of the ffrontiers of this province. 



1701.] John Nanfan, Esq: Lieut. Governor. 159 

At a Councill held at ffort William Henry this nine and twentieth day of August, 1701. 

PRESENT The Honoblc JOHX NANFAN Esff, &c., 

ABRAHAM DEPEYSTER, ) g ROBERT WALTERS, ) j, 

SAMUELL STAATS, ) WILLIAM ATWOOD, $ 

The Governor acquainted the Councill that some of the members of the house of 
Representative of this province had by order of the said house desired his honor to appoint a 
Comittee of the Councill to manage a Conferrence with a Comittee of the house of 
Representatives on the Subject matter of the publick accounts, and particularly to what Relates 
to M r Livingston, together with the time and place where the said Comittees shall meet and sitt. 
And thereupon appointed Coll Abraham Depeystt-r, Samuell Staats, Robert Walters and William 
At wood Esq" a Comittee of the Councill to meet a Comittee of the house of Representatives 
on the matters aforesaid at the house of M r Roger Baker at three of the Clock in the afternoone. 



At a Councill held at ffort William Henry this thirtieth day of August, 1701. 

PRESENT - The Honoble JOHN XANFAN, Esff, &c., 

ABRAHAM DEPEYSTER, ~) ROBERT WALTERS, ^ 

SAMUELL STAATS, > Esq" THOMAS WEAVER. > Esq ri 

ROBERT LIVINGSTON, ) WILLIAM ATWOOD, ) 

William Atwood Esq r Chairman of the Comittee of the Councill yesterday appointed to 
conferr with a Comittee of ihe Assembly Reports to this honoble board. That the Coinissioners 
appointed by an act of General! Assembly of this province to Examine take and state the publick 
accounts, had in pursuance of an order of the house of Representatives attended the said 
Comittees and Informed them that Robert Livingston Esq r who appeares to have reced great 
sumes of the publick money hath absolutely refused to account before them for the same tho 
duly required thereunto 

That thereupon tis the opinion of these Comittees Thnt it is of great consequence that an 
Act should passe to confiscate his Reall and personall Estate for soe much debt to the Crown 
as he can be charged with by the said Coinissioners unlessa he forthwith account before them 
by such a day as the house of Representatives shall think fitt, and that if such a Bill be ordered 
to be brought in notice be Imediately given to the said Livingston that he may oflerr such reasons 
as he can against the same. 



At a Councill held at ffort William Henry this fourth day of September, 1701. 

PRESENT The Honoble JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, } THOMAS WEAVER, 

SAMUELL STAATS, > Esq" WILLIAM ATWOOD, 

ROBERT WALTERS, ) 

Ordered, that pursuant to the desire of the house of Representatives the Gentlemen of the 
Councill now present do meet the Comittee of the said house at the house of M r Gabriel! 
Tompson in this City at three of the Clock this afternoone to Conferr about the Imediate Defence 
of the {Frontiers of this province, as also about the publick accounts kept by Coll" Stephen 
Cortlandt late Comissioner of the Custums and Revenue here. 



At a Councill held at ffort William Henry this ninth day of September, 1701. 

PRESENT As on the fourth instant. 

William Atwood Esq r Chairman of the Comittee of Councill appointed on the fourth instant 
to conferr with a Comittee of the house of Representatives Reports to this honoble Board That 
It is the opinion of the said Comittees that a Bill be prepared and layd before the house of 
Representatives for the applying a sume not exceeding out of the ffifteen 

hundred pounds raised by two severall acts of Assembly of this province for the Building a ffort 



160 Journal of the Legislative Council of Neio York. [ J 7,; 

at Onnoridage, for the putting such part of the ffrontiers of this province into an Iinediate posture 
of Defence as the said house shall think fitt. the said sume to be putt into the hands of such 
comissioners as the house of Representatives shall appoint for that purpose who shall account 
for the same to the said house the said money to be Repayd when it shall be thought fitt to 
proceed to the building the said (fort for which sume the Creditt of the* Assembly shall be 
engaged. 

It is also the opinion of these Comittees that Gertrude the Relict and Executrix of Coll 
Stephen Cortlandt &c be sumoned before the house of Representatives, and ordered by them to 
pay unto the Collector and Receiver General! of this province the sume of ffive hundred thirty 
eight pounds raised by act of General! Assembly of this province and appropriated for the 
building the ffort at Onnondage within such time as the said house shall think fitt, or otherwise 
that the said house do order a Bill to be prepared and layd before them for the effectuall 
enforce! ng the speedy payment thereof as aforesaid. 

The Governor produced at the Board 

A Bill for Regulating the ff ences in the County of Ulster. 

A Bill for Incouraging the City of New York, and 

A Bill for confirmation of a certain agreement made by Thomas Swartwout and Company of 
the one part and Gerrit Aertsen and Company of the other part; the same being Delivered unto 
him by a Comitlee of the house of Representatives appointed thereunto which were read the 
first time. 



At A Councill held at ffort William Henry this Eleaventh day of September, 1701. 

PRESENT The Honobh JOHN NANFAN, Esq r , -c., 

ABRAHAM DEPEYSTER, ) ^ rs THOMAS WEAVER, ) ^ rs 

ROBERT WALTERS, ) WILLIAM ATWOOD, ) 

David Provoost and Garrit Vechte Esq from the Assembly Delivered to this board a Bill for 
enabling the City and County of New York to defray their necessary charge, as also a minute 
of the house of Representatives wherein they desire that the Governor will please to appoint 
a Comittee of the Councill to Conferr with a Comittee of the Assembly upon that part of the 
conferrence his honor the Governor had with the ffive nations of Indians at Albany relating to 
the Indians Desiring M r Livingston may be sent for England. Whereupon the Governor 
ordered the Councill or any three of them to be a Comittee to meet the Comittee of the 
Assembly on that matter at the house of Gabriell Tompson at three of the Clock this 
afternoon 

The Bill for Regulating the fences in Ulster County and the Bill for Confirming the 
agreement made by Thomas Swartwout and Company of the one part and Gerrit Aertsen and 
Company on the other part were Read the Second time and Comitted to Abraham Dcpeyster, 
Samuell Staats, Robert Walters, Thomas Weaver and William Atwood Esq" 



At A Councill held at ffort William Henry this thirteenth day of September, 1701. 

PRESENT The HonoUe JOHN NANFAN, Esq", fyc., 

ABRAHAM DEPEYSTER, ) r , THOMAS WEAVER, 



SAMUELL STAATS, 



) r , THOMAS WEAVER, ) rs 

5 WILLIAM ATWOOD, ) sc * 



The Governor produced at the board the following Bills which were delivered to him by 
members of the house of Representatives appointed thereunto vizt. 

An Act for the destroying of Wolves in the County of Ulster and Westchester. 

An Act for the more Regular proceedings in the Election of Representatives for the severall 
Cities and Counties within this province. 

An Act for allowance to the Representatives and An Act for repealing An Act of Assembly 
of this province Intituled An Act for defraying the pubhck and necessary Charge throughout 
this province for maintaining the poor and preventing Vagabonds, and for the appointing a 
more effectuall meanes for defraying the publick and necessary Charge in each City and County 
and for maintaining the poor and preventing Vagabonds. Which sayd four Bills were read the 
first time. 

Thomas Morgan and Ryer Schermerhoorn Esq" from the house of Representatives desired 
that Thomas Willet, John Tolman and William Willet might take the oaths appointed by act 
of parliament to be taken instead of the oaths of Allegiance and Supremacy and Subscribe the 
Test and Association to qualify them to sitt and act as members of the Assembly which was 
administered to them and subscribed by them accordingly. 



1701.J John Nanfan, Esq: Lieut. Governor. 161 

William Atwood Esq r Chairman of the Comittee of Councill appointed on the Eleaventh 
Instant to Conferr with a Comittee of the Assembly about that part of the Conf errence the 
Governor had at Albany with the five nations of Indians, relating to the Indians Desiring M r 
Livingston might go to England Reports as fbllowvth vizt That tiie said Comittee being mett 
they sent to acquaint the said M r Livingston that they were now proceeding on matters Relating 
to his managment of the treaties with the Hive nations of Indians, and that he might be present 
if he thought iitt; That the said M r Livingston coming before the said Comittees was 
acquainted that on perusall of those parts of the propositions made to the Governor by the 
ffive Nations of Indians at Albany the house of Representatives had been Inclined to believe 
that the said Indians either by the said M r Livingston or by some other Imployed by him, or 
with his privity had been prevailed on and Influenced to Expresse a desire that he should be 
sent to Sollicite their affaires in England, and was asked if he thought it not proper for him 
to take a voluntary oath before some person authorized to administer the same in order to clear 
himself from censure therein but that the said M r Livingston answered that he thougiit it not 
worth his while to do the same. That thereupon both the said Comittees unanimously agreed 
that the said matter ought to be specially Reported to the house of Representatives by the 
Comittee of the said house. 



At a Councill held at ffort William Henri/, this Sixteenth day of September, 1701. 

PRESENT - The Honobh JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, ^ ROBERT WALTERS, } 

SAMUELL STAATS, > Esq r< THOMAS WEAVER, > Esq" 

ROBERT LIVINGSTON, ) WILLIAM ATWOOD, ) 

The Governor produced at the board a Bill for the Settling and amending the highwayes and 
Roads in the County of Ulster. 

An Act to Inforce the owners and possessors of unimproved Lands in the Counties of Albany 
Westchester Richmond and Orange to pay their proportion of their Quitt rents and taxes raised 
for the Support of the Goverment, and other County charge, and 

An Act for granting unto the City and County of New York Kings County, Richmond C unity, 
the County of Orange, and the County of Westchester equall priviledges with the other Cities 
and Counties in this province for the probate of Wills, and granting Letters of Administration 
the same being Delivered to him by members of the house of Representatives appointed 
thereunto. Which were read the first time. 

The Speaker attended by the house of Representatives presented the Governor in Councill 
two several I addresses, which lie read, the one Relating to his honors managment of the ffive 
nations of Indians in his late Expedinon to Albany, and the other relating to Robert Livingston 
E^q ^ which were ordered to be entered in the Councill Book and follow in /tcec vcrba. 

To the hono ble JOHN NANFAN Esq r Lieutenant Governor and Comander in Chief of the province 
of New York &c., 

The humble ADDRESSE of the house of Representatives of the said province in 
General! Assembly Conveen d 

MIIIJ it phase yo r honor. 

AVee the Representatives of this his Majesties province out of a deep sense we have of the 
great services your honor did to this province in your last negotiations with the ffive nations of 
Indians at Albany in yo r last Conferrence with them Do in behalf of our selves and all the 
Inhabitants of this province Congratulate your honors snccesse of the same and do render you 
our most hearty and unfeigned thanks for your care prudence and wise managment therein, and 
humbly pray that for the future no person may be Imployed to Interpret the Conferences of 
the said ffive nations but the sworn Interpreter Lawrence Claesen when he is to be had. So 
wishing your honor all Imaginable prosperity in this his Majesties Goverment 
Wee are 

Your freinds the Representatives in General! Assembly Conveen d 

By order of the house of Representatives, 

ABRAH : GOUVERNEUE, Speaker. 
Die Saturn. 
13 Septembris, 1701. 



21 



162 Journal of the Legislative Council of New York. [?^s" 8 c . 

To the hon6 ble JOHN NAXFAX Esq r Lieut Governor and Comander in Chief of the province 
of New York, &c., 

The humble ADDRESSE of the house of Representatives of the said province in 
Generall Assembly Conveened. 

May it please yo r honor 

Wee the Representatives of this his Majesties province being highly sensible of yonr honors 
prudent Conduct in your late management with the ffive nations at Albany Yctt humbly begg 
leave to Remonstrate to your honor that some persons Disaffected to the peace of this Goverment 
have Instigated and deluded the said nations to Desire the going over of M r Robert Livingston 
for England as their agent the which being maturely Considered by this house, and they finding 
that M r Livingston at the last Conference witli the Council! did refuse to give the Reasonable 
Satisfaccon in that matter then of him desired, the said house is therefore of opinion that the 
said passages relating to the said Indians desire of sending M r Livingston for England has been 
procured by the said Livingston or his agents with his privity and Consent contrary to the duly 
and Allegiance he owes to his majesty and the peace of this Goverment. 

Wee therefore humbly move your honor to lay these our Requests before his Majesty that Irs 
Majesty would be graciously pleased to remove the said Levingston from the of lice of 
Secretary of the Indian Affaires, and that in the mean while he might be by yo r honor 
Suspended from the same untill his Majesties pleasure shall be known. 
Wee are 

Your friends the Representatives in Generall Assembly Conveened. 

By order of the house of Representatives. 

AHKAH : GouvERNEUB) Speaker. 
Die Saturn. 
13 " Septembris, 1701. 

The Governor answered that what he had done in that affair of the Indians was but his duty, 
that he thank d them lor their kind Interpretation of his management therein, and that he should 
allwayes make it his chief study to promote his Majties service as much as possible, as well in 
that as in all other things during his continuance amongst them. 

Whereon they withdrew. 



At a Councill held at ffort William Henry this Eighteenth day of September, 1701 

PRESENT The Honolle JOHN NANFAN, Esrf, &c., 

ABRAHAM DEPEYSTER, > v ROBERT WALTERS, ) v TS 

SAM" STAATS, j L WILLIAM ATWOOU, j 

John Depeyster and David Provoost Esq from the Assembly Desired that John Johnson 
Bleeker, Hendrick Hanson and Andries Coeyman Esq" Representatives Elected from the City 
and County of Albany may take the oaths appointed by Act of parliament to be taken instead 
of the oaths of Allegiance and Supremacy and subscribe the Test and Association before this 
board, in order to Qualify them to sitt and act, which was ordered and done accordingly. 



At a Councill held at ffort William Henry this two and twentieth day of September, 1701. 

PRESENT The Honobk JOHN NANFAN, Estf, &c., 

ABRAHAM DEPEYSTER, } ROBERT WALTERS, } 

SAMUELL STAATS, > Esq" THOMAS WEAVER, > Esq" 

ROBERT LIVINGSTON, ) WILLIAM ATWOOD, ) 

The Act for Iricouraging the City of New York. 

The Act for Repealing the Act of Assembly for defraying the publick charge &c and for the 
appointing a more effectual! meanes for Defraying the publick and necessary charge &c. 

The Act to Inforce the owners and possessors of unimproved Lands in the Counties of Albany 
Westchester Richmond and Orange to pny the proportion of their Quitt rents &c. 

The Act for the more Regular proceeding in the Election of Representatives &c. 

The Act for Settling and amending the highwayes and Roads in the County of Ulster. 

An Act for allowance to the Representatives, and An Act for the destroying of wolves in the 
County of Ulster and Westchester were this day read the second time and Comitted to 



1701.] John Nanfan, Esq: Lieut. Governor. 1G3 

the members of this board now present or any four of them, whereof W m Atwood Esq r to be 
one. 

The Governor produced at the Board An Act to oblige Robert Livingston Esq r to account 
according to the purport of An Act Entituled An Act for appointing and enabling Comissioners 
to take and state the public accounts of this province the same being Delivered to him by 
members of the house of Representatives appointed thereunto Which was read the first time. 



At a Councill held at ffort William Henry tins five and twentieth day of September, 1701. 

PRESENT As on the two and twentieth Instant. 

William Atwood Esq r Chief Justice of this province and Chairman of the Comittee of the 
Councill to whom severall Bills were referred on the Eleaventh and two and twentieth Instant 
does Report to this honoble Board, that the said Comittee have made severall amendments to 
the said Bills, which were produced and read, and the Clark of the Councill ordered to carry 
the same to the house of Representatives. 

Ordered, that the members of this board be a Comittee of the Councill to meet the Comittee 
of the Assembly at the house of M r Gabriell Tompson at three of the Clock this afternoon to 
conferr about the method and the wayes and meanes of putting the frontier Garrisons into a 
posture of Defence this winter. 



At a Councill held at if or t William Henry this nine and twentieth day of September, 1701. 

PRESENT The Honoble JOHN NANFAN, Esrf, &c., 

ABRAHAM DEPEYSTER, ) ROBERT WALTERS, ) ^ 

SAMCELL STAATS, >Esq" THOMAS WEAVER, ) 

ROBERT LIVINGSTON, ) 

Ordered, that the members of this board or any three of them be a Comittee of the Councill 
to meet a Comittee of the Assembly at the house of Gabriell Tompson at three of the Clock 
this afternoon to conferr about the amendments made by this board to severall bills, and sent to 
the house of Representatives on the five and twentieth instant, as also to Consider further 
about the speedy putting the frontier garrisons into a posture of Defence. 



At a Councill held at ffort William Henry this Second day of October, 1701. 

PRESENT The Honoble JOHN XANFAN, Es<f, &c., 

ABRAHAM DEPEYSTER, ^ ROBERT WALTERS, ^ 

SAMUELL STAATS, > Esq" THOMAS WEAVER, V Esq" 

ROBERT LIVINGSTON. ) WILLIAM ATWOOD, ) 

Ordered, that M r David Jamison do appear before this board on Munday next at three of the 
Clock afternoon and then and there otter his reasons against the passing the Bill for Confirming 
the agreement made between Thomas Swartwout and Company of the one part, and Garrit 
Aertsen & Company of the other part. 



At a Councill held at ffort William Henry this fourth day of October, 1701. 

PRESENT The Honolle JOHN NANFAN, Esrf, &c., 

SAMUELL STAATS, ) -^ THOMAS WEAVER, ) ^ 

ROBERT WALTERS, 5 S< ^ WILLIAM ATWOOD, > 

Hendrick Hansen and Andries Coeyman Esq" from the Assembly Desire a Comittee of the 
Councill may meet a Comittee of the said house to conferr further about the amendments made 
by this board to severall Bills sent from the Assembly. 

Ordered, that the said Comittee do meet at three of the Clock this afternoon at the house of 
M r Gabriell Tompson. 



1G4 Journal of the Legislative Council of New York. [ ^ *; 

The Act to oblige Robert Livingston Esq r to account &c road the second time and comitted 
to the members of this board now present of which the Chief Justice to be one, and the lionoble 
the Governor dotli Recomend lo the said Comittee this amendment [That M Livingston have 
time till the five and twentieth of March next to account according to the purport of the said 
act. 



At a Councill held at ffort William Henry this sixth day of October, 1701. 

PRESENT The HonoUe JOHN NANFAN, Emf, &c., 

ABRAHAM DEPKYSTER, ^ THOMAS WEAVER, > ^, 

SAMUELL STAATS, > Esq" WILLIAM ATWOOD, 3 

ROUERT WALTERS, ) 

M r David Jamison in pursuance of an order of the second Instant this day layd before the 
board i is reasons in wriiing against passing the Bill for Confirming the agreement made between 
Thomas Swartwout and Company of the one part, and Gerrit Aertsen and Company on the 
other part which was read and ordered to be entered verbatim and follows in lure vcrba. 

To the Hono ble JOHN NANFAN Esq r Governor and Comander in Chief of the Province of New 
York tfec and the lionoble the Councill. 

REASONS humbly offerred by David Jamison one of the partners of Thomas 
Swartwout and Company against the passing of a Bill Intituled, An Act for 
Confirmation of a Certain agreement made by Thomas Swartwout and 
Company of the one part and Gerry t Aertsen and Company of the other 
part. 

This humble Supplicant saving to himself and his other partners their further and other 
objections against the said Bill and praying a favourable Construction of what he shall otlerr to 
his honor the Governor and Councill against the passing of this Bill saith, 

First, That it is a private Bill and Concerns the property of sundry of his Majesties leidge 
Subjects; is said to be fram d to prevent a Likelihood to occasion diffenences and suites at Law 
between the parties only, and therefore he conceives it ought to be desired by hoih parties or 
considered with due deliberation not precipitantly but the other party interested heard before 
the Assembly at least sumoned, before leave is granted for the bringing in of such a Bill, and the 
petitioner was never sumoned nor has Consented 

Secondly, on Thursday night last being the Second of October instant this humble supplicant 
did attend to make some motion in Chancery when a motion was made for the passing of this 
Bill, when the honoble William Atwood Esq r Chief Justice of this province was pleased to tell 
this supplicant that the Bill mentioned was a Bill wherein he was Informed that this supplicant 
had some Interest and that time was given till Munday next the sixth Instant for Swartwout 
and Company to bring their objections into Councill against the passing the said Bill to which 
this supplicant (being Surprized) did desire a Sight of the Bill which was ordered accordingly. 
And the other partners to this Supplicant being each equally Interessed are some of them 
Inhabitants at Waghaghkemeck about one hundred and fifty miles distant from New York against 
which time there is no possibility for this Supplicant to give them the notice of this order in 
Councill 

Thirdly, It does not appear by the votes of Assembly that any petition was given in praying 
liberty to bring in this private Bill nor any order of Sumons. And this Supplicant has reason 
to believe that said Swartwout and Company were never served with any sumons to attend I his 
Assembly on that behulf whereby they might have liberty to defend their rights or undeceive 
the members of that house where things may possibly have been falsely alleaged or suggested 
which he humbly conceived disagreeable to the Rules of parliament and practise of former 
assemblyes of this province. 

Fourthly Coll" Jacob R jtscn a member of this present Assembly is one of the partners of 
the said Aensen a ld Company, and it do<;s not appear by the votes fiat the rest of the 
Assembly were appraized thereof, a:id that he was ever ordered to withdraw at the time of 
Reading and passing this Bi I. This Supplicant does not pretend to be acquainted with all the 
rules of parliament, but humbly Cjncdives it Incongruous and disagreeable to naturall Justice 
for a. man to vote in his own cause. 

Fifildij, this Supplicant djes believe that it his been falsly Suggested that ever Coll" ffljtcher 
Conncin B,IC did RicomMiJ it to bath parties to Joyn elixir grants, forasmuch as it is to be 
Ma aiiV 1 > 1833 seen upon Rjcord that Aertsen and CimpanyfeJl under the displeasure and censure 
MayMihi of the Governor anJ Cjuncill for their Illegall proceedings in endeavouring to 

deprive or retard the other Company from reaping the Benefit! of that grant. 



1701.] John Nan fan, Esq: Lieut. Governor. 165 

Sixthly, That the purchasing of Lnnd from the Indians in this province is a convenient but 
see Tetter* patent* n t a. necessary qualification to a good title from the King, and many patents 
there are and Considerable tracts of Land granted where there never was an 
Indian purchase. 

Scaventhfy That the grant they had of Waghaghkemeck was moderate postive and Certain, 
and the just reward of the diligence and Industry of Swartwout and Company who were the 
first discoverers thereof at their great pains and Charge, and had the first and eldest grant. 

E(g!it/dy That some person who afterwards became one of Aertsens Company did promise a 
Considerable reward to retard the perfecting of Swartwout and Company their title by patent 
in the Secretaries office, untill the time of their grant should be out, promising at the same 
time to keep the Indians from giving them a deed in all that time in order to gett the grant 
thereof thereupon renewed to themselves which was rejected; Whereupon Aertsens Company 
was formed and application made for a grant of Two hundred acres vacant Land each to Twenty 
people in the great and little Minissinck Country, which is of vast Extent and Comprehends in 
it the Waghaghkemiek at which time some of them who sollicited the taking out of this grant 
did declare that it was not the same land with Waghaghkemeck, and notwithstanding there are 
many thousands of acres of vacant land in the great and little Minissinck there are many 
Depositions and evidences against the said Aertsens and Company for obstructing the said 
Swartwout and Company to hinder their progresse and settlement, and it has not yett appeared 
that ever they have gone about by virtue of their grant to purchase any other Land than that 
which was granted to Swartwout and Company. 

Xinthiij, Sometime before and near the Expiration of the said Limitation of time for perfecting 
their title some of the Company of Swartwout brought down a Copy of an Indian deed to New 
York for some Land near Waghaghkemeck, wherein part of their Land as is sayd is Included 
and Comprehending other Land which is not in their grant, which deed was made to both 
Companies, and did acknowledge that some of the Company being tired out with the secret 
practices and disturbances given by the other Company did come to a verb:dl agreement to 
purchase the Land in both grants in Company, but that they never signed nor Sealed any 
Instrument for the same, and that it was a meer farce upon them, and the time of their License 
nllmost Elapsed when they putt in the Copy of said deed to the Councill, and Desired the 
same might be recorded which was done accordingly. 

Tent hi i/, That they made application to the Governor and Councill for a patent for the land 
M-mite of com-.om granted them, and the Governor and Councill being well apprised of the right 
ict jber nth ius7. O f the said Swartwout and Company and the unjust and fraudulent practizes of 
the other Company did order their Patent for their quantity of Land formerly granted them 
before the Expiration of the time Limitted for the doing thereof although they knew the 
purchase was made in Company. 

E fivnilhly, That the patent of the said Swartwout and Company has all the Legall Sanctions 
Required by his Majesties Letters patents for the making of a good title from the King. 

Tirdftldij, That the said Swartwout and Company are still and ever were ready to pay and 
Satisfie the Indian Consideration for what part of their patented Land is in the said purchase or 
to any other who have advanced the saint 1 , and purchased in their own wrong. 

13" j| y The Laws of England have Sufficiently Explained what a bargain for Land is and gives 
Sufficient remedy for breach of Contract or Covenant 

l-i bl - v The said Supplicant humbly offerrs for reason against the passing of said Bill that this 
Aertsen and Company never did apply for a patent pursuant to their said grant, so that their 
License being Expired by its own Limitation is voyd nor can they thereby have any Land to 
be divided amongst the Company of Swartwout ; And it were Contrary to Equity and the 
Intent of that Su posed agreement that they should partake of the Land of Swartsvout and 
Company, and the said Swartwout and Company have no share or benefitt by their 
grant. 

lo bljr Because this Bill conteins in it a Salvo to one William Tietsoort or his heires of Land 
within the said patent which the native Indians have given and conveyed to him, when this 
supplicant beleives it can be proved that this grant and Conveyance is all made to him by the 
Indians since the said Land was possessed and enjoyed by the said patentees and not before. 
And the passing of such a Bill with such Clause the Supplicant humbly Conceives (with 
deference to better opinions) will be a me-ms to exalt an Indian title above the Kings grant. 
And it is notoriously known in this province how easily an Indian may be induced to sell the 
Land he pretends to many times over to sundry persons, and how uncertain are their own claims 
and many times various pretenders. This humble Supplicant has been informed that this Island 
Manhattans whereon stands this Considerable town of Newyork was never purchased from 
the Indians. 

Kj My This humble supplicant does offer that in the last Assembly another Bill of differrent 
nature about the same agreement was brought in and passed and carryed to his Excellency the 
Eaile of Bellomont deceased in his life time who was pleased in his great prudence to lay the 
same aside as not being proper to be passed. 

17>iy This supplicant desires he may be admitted upon oath to declare unto this honoble 
board what reward hath been promised him lately by one of the said Company of Aertsen to 



166 Journal of the Legislative Council of New York. [ill 1 H ^: 

betray the Interest of his said partners and what he can discover of a mutual! contract in the 
time of the last Assembly for the gaining of votes to the passing of that former Bill. 

By all which and the many hard usages which the said Swartwout and Company have 
wrongfully suft erred from the other party in the Disturbance of their Right as well as possession, 
and the many proofs which they can bring he this humble supplicant does presume it will 
plainly be made appear to your honors that the first true clear equitable and Legall right to the 
Land of Waghnghkemeck does belong solely and Intircly to the said Swartwout and Company 
and that the other Company have only formed themselves from the beginning to Interrupt 
Circumvent and Supplant the first Company of the same land by methods and practices 
unwarrantable tending very much to the disturbance of the peace, which rather deserves 
punishment than Countenance. 

lie therefore humbly prayes that the said Bill be Rejected, and if does not seem good to the 
honoble Council! nor to his honor the Governor for the reasons and proofs which this 
Supplicant doth humbly offerr at present to lay aside the said Bill ; {Forasmuch as the Chief 
matters relating this affair have been transacted in Ulster County and in Waghaghkemeck 
and other remoter places where the said Swartwout and Company and the greater part of 
the other Company do Reside, and this Supplicant hath not Resided, and the Evidences 
also remote he therefore craves that time be allowed to the other partners of Swartwonts 
Company to appear to the Said Bill and to bring in their further allegations and Evidences 
before your honor and this honoble Board in some reasonable and Convenient time with 
regard to their distance and season of the yeare. 

And humbly prayes your honor and the honoble board to give your opinion thereupon 
according to yo r great wisdom and Justice, and your honors humble Supplicant shall 
pray &c 

DAVID JAMISON. 

October G lh 1701 

Ordered, that the same be referred to be further Considered of on Thursday morning next. 



At a Councill Itcld at ffbrt William Henry, this tenth day of October, 1701. 



PRESENT The Honoble JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, ^ THOMAS WEAVER, ) -^ rs 

SAMUELL STAATS, > Esq WILLIAM ATWOOD, 3 

ROBERT WALTERS, ) 

William Atwood Esq r Chairman of the Comittee of the Councill appointed to Conferr with 
the Comittee of the house of Representatives about the Bills does Report to this honoble 
board that the Bills sent down to the house of Representatives by the Governor and Councill 
on the five and twentieth day of September last, should be again sent up to the Governor and 
Councill and there read with the amendments the third time and passed the Councill and then 
be sent down to the house of Representatives for their assent to the said amendments. 

These following Bills being brought up from the house of Representatives to this board were 
Read the third time together with the Amendments thereto annexed and passed the Councill, 
and ordered to be carried down to the house of Representatives for their assent to the said 
amendments, vizt 

1 st An Act for Incouraging the City of New York. 

2 d y A Bill for regulating the fences in the County of Ulster. 

8 dly An Act for the more Regular proceedings in the Election of Representatives for the 
several! Cities and Counties in this province. 

4 tbly An Act for Repealing An Act of the Generall assembly of this province Intituled An 
Act for defraying the publick and necessary charge throughout this province, for mainteining 
the poor and preventing vagabonds, and for the appointing a more effectual 1 meanes for 
defraying the publick and necessary charge in each City and County, and for mainteining the 
Poor and preventing Vagabonds. 

5 lbly An Act for Confirmation of a Certain agreement made by Thomas Swartwout and 
Company of the one part, and Gerrit Aertsen and Company of the other part. 

G lbl > An Act to Oblige Robert Livingston Esq r to account according to the purport of An 
Act Entituled An Act for appointing and enabling Comissioners to take and state the publick 
accounts of this province. 

7 lbly An Act for allowance to the Representatives 

gibiy ^ n ^ ct; f or f.j je se (;tij n g and amending the Highwayes and roads in the County of Ulster. 

9 hiy An Act for the destroying of Wolves in the County of Ulster and Westchester. 

10" 1 - An Act to Inforce tne owners and possessors of unimproved Lands in the County of 
Albany Westchester Richmond and Orange to pay their proportion of their quitt rents and 
taxes, raised for the support of the Goverment and other County Charge. 



1701.] John Xanfan, Esq: Lieut. Governor. 167 

Ordered, that Samuell Staats and Thomas Weaver Esq" do carry the said Bills to the house 
of Representatives. 

The honoble the Lieutenant Governor and Council! having this day taken into Consideration 
the objections made in the last Council! by M r David Jamison as well in writing ;is personally 
against passing a Bill Entituled An Act for Confirmation of a certain agreement made by 
Thomas Swartwout and Company of the one part, and Gerryt Aertsen and Company of the 
oilier part, and heard what was offerred on the other side for the said Bill, are of opinion 

I 81 That M r Jamison and Company have no reason to object want of notice since as appeares 
by the Copy of the Journal! of the house of Representatives they were fully heard in a Ibrmer 
Sessions upon the meritts of the same Bill in Substance. 

2 M y That by what M r Jamison has confessed by writing and word of mouth, and by the 
papers he produced it appeares : 

1 st That tho the Company under which he claims had the first License from the then 
Governor to purchase of the Indian proprietors they made no purchase in the time 
limitted by the License. 
2 dly That the License was to six persons to purchase each of them two hundred acres 

wi hin a particular district. 

3 dl - v That Aertse n having an Interest with the Indians prevented their selling to Swartwout 
and Company And Aertsen and Company thereupon procured a License to purchase 
lour thousand acres within a larger district which comprehends the lesse out of which 
the o .liers had License to purchase twelve hundred acres 

4 lUy After this Swartwouts License being expired, and disputes arising between the two 
Companies who ought to be allowed first purchasers both Companies agreed before 
several! Justices of the peace in the County to purchase together according to 
the severall proportions recorded or attested by those Justices and in pursuance thereof 
purchased and payd their moneys accordingly as is owned by M r Jamison 
5" ly Xotwitstanding which Swartwout and Company applying themselves to M r Jamison 
who was then Deputy Secretary, they and M r Jamison in October one thousand six 
hundred ninety seaven obteined a patent from Governor ffietcher of twelve hundred 
acres wherever they should think fitt to take them within the district mentioned in 
their Expired License. 

G Wj Aertsen and Company have kept possession hitherto according to their purchases, 
the twelve hundred acres have never been ascertained, and as the patent to the others 
to cliuse where they pleased without ascertaining the bounds was of dangerous 
Consequence at the first it appeares more so at this day. 

7" ily It being a great Question what remedy can be in this matter by Law or the Ordinary 
Rules of Equity which cannot be pursued in vacating patents upon which the Chancery 
Judges as a Court of Comon Law the interposition of the Legislature seems necessary. 
gtbiy i^at if the said Bill pass their being yett no patent for more than twelve hundred 
acres of the four thousand purchased in Company tis reasonable that there should be 
one or more patent or patents according to the purchases of the Indians. 



At a Councill held at the City hall of the City of New York this Eleaventh day of 

October, 1701. 

PRESENT The Honolle JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, > F rs ROBERT WALTERS, ) ^ 

SAMCELL STAATS, 5 E WILLIAM ATWOOD, 5 ^ S(1 

Cornelius Sebering and Henry ffbwler Esq" from the assembly Desired that the oaths might 
be administered to Coll -Caleb Heathcote, Captain Thomas Hicks and M r Jonathan Smith 
before his honor in Councill to qualitie them to sitt and act as members of the house of 
Representatives for which they were elected which was done. 



At a Councill held at ffbrt William Henry this ffifteenth day of October, 1701. 

PRESENT The Honolle JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, } THOMAS WEAVER, ) ^ T3 

SAMUELL STAATS, > Esq" W m ATWOOD, 3 sc ^ 

ROBERT WALTERS, ) 

John Depeyster, David Provoost, Hendrick Hansen, Cornelius Sebering &rc from the Assembly 
layd before the Governor in Councill an Addresse from the house of Representatives to his 
Majesty together with 



168 Journal of the Legislative Council of New York. 






An Act for granting an additional! duty to his Majesty 

An Act for the speedy repairing the forts of Albany and Schonectady ; And 
An Act for the quieting Selling .and Confirming the Rights and possessions of Thomas 
Lawrence, William Lawrence, Robert Bruges, Bragoon Bragar, Hendrick Martinsen, George 
van Alts, John Lawrence, Andrew van Alts, John van Alts. John Pearsall and other ancient 
ffree holders possessors of Land and Inhabitants of a tract of Land called Hellgate Neck within 
the bounds of Newtown on Long Island, now called the Island of Nassau, and vacating all 
under patents &-c 

The Secretary of this province produced to the board a Letter directed to him intended a 
Return of the high Sheriff of the County of Suffolk of the writt to him directed for the election 
of Representatives for the said County which was ordered to be entered in the Councill book 
and follows in hac rcrba: 

SUFFOLK. M r High Sheriff. 

Wee the {freeholders of this County of Suffolk being mett together according to precept and 
finding that the writts presented to us for the Election of other Representatives therein 
Required do contain an Infringment of our Liberties not allowing us to chuse whom we 
think fittest to trust in that affair, and so may be a president for our further thralldorne wherefore 
we cannot at present incline to any further choice having allready Elected for this Assembly 
two Sufficient and Legnll persons (in our esteem) of approved fidelity to his Majesty and who 
are no aliens but naturall born Englishmen and in their different Capacities have served in many 
Assemblies (in time of warrs) of greater Concernment than this present Assembly is or can be of 
and have acquitted themselves as faithful! and upright both to the Kings Majesty, and to this 
province, neither is this County as yett convinced of any fault that they have Comitted why we 
should reject them, on which Consideration we acquiese in our former choice of them which 
hath been free aud without Restraint upon our Liberties as English men. Soe we bid you 
farewell. 

Signed (Ncminc contradicente) COUNTY OF SUFFOLK 

October y e S A 1701 at Sou/hold 
The above mentioned is the Result of the County of Suffolk. 



JOHN MULFOKD, Sher. 



Locus 



Ordered, that an Expresse be dispatched with a sumons for John Mulford Esq r High Sheriff 
of the County of Suffolk to appear before this board Imediately on the Receipt of the said 
sumons. 

The Act for granting an additionall duty to his Majesty and the Act for the speedy repairing 
the furts of Albany ami Sehonectady were read the lirst time. 

Ordend, that the Letter to the Assembly from the persons Elected to be Representatives of 
Westchester and Queens Counties brought to the Governor from the said house by Ryer 
Schermerhoorn and Cornelius Van Brunt Esq together with the reasons of a Comittee of the 
house of Representatives for prosecuting of them be entred in the Councill book Literatim and 
follow in IICEC verba : 

Gen elincn, 

Wee whose names are hereunto subscribed being elected Representiues in Quens Countey 
& Westchester Countey in the Roome of others tow serue in this Genrall Asembeley do giue 
ouer atendance and haue tacken the oth test & assotiatioris to testefie ouer redey nes & zeale for 
y e serues of his Most sacred majasteys & ouer Contrey y e greate & prinseabel end for which we 
weare caled to gether. 

Y e complaint & Clamer of the people are so great that we think it overey neseserey & meete 
before we proseed to acte with you that we & the people whonie we represent have full 
satisfaxcion that you are a house legley and wrightly constuted with out which it can neuer be 
Expected that we can safley proseed nor the people giue chearefull obeadiance & think ouer 
actes binding that we may not be wanting in our Dutey in this respect to his most sacred 
Maiastey and ouer Contrey, we presume Gentelmen to aquainte you that it is the comon 
reporte of y e people and we are Credabley informed that some of you haue used uerey indrect & 
ounvvarnteabel menes to procuer youre selues to be Elected & returned as members of the 
asembeley, and that one y e 20 day of ougost lost the house consisted of 21 persons wheare of 
the Specker was one, ten of the number did in the house dialings the Specker to be ounquallified 
for being an aliane & afterwardes did Repetet the same to the Govner, which they haue all so 
giuen under theare haudes ovpone which heed the house being equally deuided could giue no 
Desison. 

That it appeares by youre ovotes that ten of you with the Speacker thus sircumstanced have 
presumed to acte, and to strenthen youre number haue vooted out sum of the other tenn & 
tacken in tow others in theare roome who are sayd not to be elected by the peopel, ,and that 
you are preparing to mack abill to depriue mauey of his maiustes englesh Subgetes from theare 



1701.] John Nanfan, Esq : Lieut. Governour. 169 

natef wright of voteing for asembeleymen and the people in each respetef Countey fromchusing 
pearsons to Examione theare one pnblecke Deptes all which are against the wrightes of and 
privelegy of his mniastes fre borne Englesh Subgetes the Lawes of England and this provence 
and soo Gentelmen 

We are humbeley of apinion that all the aboue mentioned artukels are not for his maiastes 
serues, nor the well fare of this provence but absolutly Destrutef to the same, and till you giue 
us furder satisfaxion, and the Specker clear himself from being an Alian we cannot acte with 
you to site and spend ouer time and the Contres mony to make acts that will be voyd in 
themselves. 

( Tho Willet 
Sisrned < John Talman 



September the 13 th day, 1701. ( William Willet. 

House of Representatives, the 23 th September, 1701. 

At a Comittee to draw Reasons for prosecuting Thomas Willet John Tolman and William 
Willet. 

Isaac De Reimer reports these following : 

That it appeareth by the said paper as well as by the Journal! of the house that this was 
Contrived and Subscribed before they had been in the house to observe any transaction there 
and yett they presume to take upon them the Judgment of the Qualifications of members and 
to take notice of the proceedings of the house which is a manifest breach of its priviledges 
and of dangerous example. 

i! )ly They reflect not only upon this house, but upon the Governor who approved of the 
Speaker and whereas in their barbarous English Its writt "one the 20 day of Ougost last 
"the house C. insisted of 21 persons who are of the Specker was one tenn of the members did 
in the house dialings the Specker to be unquallified for being an Aliane, and afterwardes 
"did repetet the sime to the Gouner which they have also given under theare hands upone 
"which heed the house being equally devided could give no Disison. 

The truth of this matter is thus 

on the ninteenth day of August the house being ordered to proceed to Chuse their Speaker 
ten of the Twenty one choose M r Abraham Gouverneur, against whom there was then no 
objection upon Suspition of his being an Alien, and nine endeavoured to chuse M r Nicoll but 
the Election having fallen upon M r Gouverneur the whole house in a body presented M r 
Gouverneur to the Lieuten 1 Gouvernor in Councill where M r Gouvernor would have disabled 
himself but the Lieu Governor finding no objection from any one member approved of the 
choice which then appeared to be unanimous, upon which they returned to the house and an 
objection being made against M r Nicoll and M r Wessells as Chosen contrary to a late act and 
therefore not quallified to serve they as was usuall were ordered to withdraw till that matter 
should be determined, and yett they two with other eight came the next morning and then 
objected against M r Gouverneur as if they had been informed since that M r Gouverneur was an 
alien, and yet they could not but know that the same objection had been made in a former 
assembly when it appeared upon Examination that he is within an act of naturalization which 
has never been repealed. Notwithstanding which the two who had no authority to act as 
members till the Question concerning their Capacities to sit was over together with other eight 
had the assurance to go in a body to the Governor to complain of a matter wherein they had 
concluded themselves, besides that their objection if made in time could have had no effect, and 
since that, as we are given to understand not, only by this paper but otherwise, they have putt 
their complaint in writing, and have sent the same to England, after which we desire that 
Enquiry may be made in order to the punishment of such seditious practices. 

3 dly These persons are guilty of a great Contempt of his Miijties writt in pursuance of which 
they were chosen, and of the trust reposed in them, to act as members of this house, and yet they 
refuse to act without such conditions as they well knew would not be comply d with, nor can 
without admitting that these three ought to govern the house and that the votes of the farr 
grentei part ought to yeild to those three who while they argue that the house could not decide 
the Question concerning the Speaker are so inconsiderate as not to observe that the Question 
had been over and the due Quallifications of the Speaker agreed to by all in effect, and that 
when the objection was first started there were but Eight persons quallified to object against 
not only the choice of ten but the Submission and approbation of twenty. 

4 lh:y These persons having in their barbarous Language used these words "Till you give us 
" furder satisfaxion and the Specker clear himself from being an Aliane we cannot act with you 
" to site and spend our time & the Contres money to make actes that would be voyd in 
"themselves, would not only really inferr that their satisfaction is Requisite to the making the 
acts of this assembly of force but are guilty of a high contempt of that authority by 
which it sits and acts, Disowing that authority and labouring to stir up the people of this 



22 



170 Journal of the Legislative Council of New York. [ 8 utg.T. 

province to sedition and give advantage to a forreign power upon divisions purposely raised by 
them and their accomplices 

Which was read and approved of 

By order of the house of Representatives 

ABRAH: GOUVERNEUR, Speaker. 

The Attorney Generall is hereby ordered to prosecute the said persons at the next Supreme 
Court. 



At a Councill held at ffort W n Henry, this sixteenth day of October, 1701. 

PRESENT The Honolle JOHN NANFAN, Esif, &c., 

ABRAHAM DEPEYSTER, > ^ ROBERT WALTERS, ) rs 

SAMCELL STAATS, 5 S ^ WILLIAM ATWOOD, ) 

Ordered, that the Clark of the Councill do prepare and bring in a Bill to morrow morning 
for Supplying the defects of the Act for settling the Militia made in the third year of his present 
Mujties Reigne. 

At a Councill held at ffort William Henry, this seaventeenth day of October, 1701. 
PRESENT As yesterday. 

The Clark of the Councill layd before the bonrd An Act for supplying the defects of a late 
Act for Selling the militia prepared by him in obedience to an order made yesterday for that 
purpose, which was read the first and second time and Comitted to the members of this board or 
anv three of them. 

William Atwood Esq r Chairman of the Comittce to whom the Act for suppying the defects of 
the Act for Selling the militia does Report to this horioble board that the same do passe without 
any amendment. 

Whereupon the said Bill was read the third time and passed the Councill, and ordered the 
same be sent down to the house of Representatives for their assent, and M r Walters to carry the 
same. 

An Act for payment of the debts of the Goverment made in the late hnppy Revolution being 
brought to the Governor by members of the house of Representatives appointed thereunto was 
read ihe first time. 

An Act for granting an additionall duty to his Majesty and An Act for the Speedy Repairing 
the forts of Albany and Schonectady were read the second and third time and passed the 
Councill. 

Ordered, that M r David Jnmison do nppeare before this board to morrow morning by Eight 
of the Clock and offer his further Reasons if any he have why the Act lor confirming the 
agreement made by Thomas Swartwout and Company of the one part, and Gerryt Aertsen 
and Company of the other part should not passe into a Law of which he is to have 
notice. 

Ordered, that the Clark of the Councill do Insert the amendm" in the body of the Bills 
which have passed the Councill with amendments, the house of Representatives having Consented 
thereto. 



At a Councill held at ffort William Henry, this eighteenth day of October, 1701. 

PRESENT The Honolle JOHN NANFAN, Esq r , &c., 

SAM" STAATS, ) ^ THOMAS WEAVER, 

ROBERT WALTERS, ) W m ATWOOD, 

Ordireil, that the Amendment made by the house of Representatives to the Bill for 
Supplying the defects in a late Act for Settling the militia be inserted in the body 
thereof. 

The Councill agreed to the amendments made by the house of Representatives to the Bill for 
Iticouraging the City of New York, and the Clark of the Councill pursuant to their order 



1702.] John Nan/an, Esq: Lieut. Governor. 171 

inserted the same, together with the amendments made by the Councill to which the house of 
Representatives had agreed in the body of the suid Bill. 

Pursuant to an order of lliis board made yesterday M r Jamison appeared before this board 
but offerred no further reasons against passing the Bill for Confirming the agreement made by 
Thomas Swartw.iut and Company of the one part and Gerryt Aertseu and Company of the other 
part than lie had formerly done. 

The petition of Jacob Leisler read praying the Bill passed the house of Representatives for 
paying the debts of the Govermffrit during the late happy Revolution and brought up to this 
board may passe this session which petition was favourably Received by the Governor and 
whole Councill no man objecting against the matter of the same only forasmuch as the assembly 
had salt very long and it was Reasonable it should be at present dismissed the further 
Consideration of the same is Respited to the next sessions of the Assembly. 

The Governor gave the Assent to the ten Bills passed the Councill the tenth Instant, and 
also to 

11. An Act for granting an Additional! duty to his majesty. 

12. An Act for speedy repairing the forts of Albany and Sehonectady. And 

13. An Act for supplying the defects of a late Act of Assembly for settling the Militia, 
Enacting them, ami ordering them to be enrolled. 

The Governor sent the messenger of the Councill to the house of Representatives to desire 
their Imediate attendance in Councill. where they being present, the Governor acquainted them 
that he had passed several! acts, and the titles thereof w^re read, and desired their attendance to 
the City hall to have th j m published and prorogued the Assembly to the third Tuesday in March 
and thfy were thereby prorogued accordingly. 

Then the Governor Counciil and Assembly proceeded to the City hall where the said Laws 
were published. 



EIGHTH ASSEMBLY SECOND SESSIONS. 
At A Councill held at ffort William Henry, this one and Twentieth day of Aprill, 1702. 

PRESENT The. Honoble JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, ^ THOMAS WEAVER, ) ^, 

SAMUELL STAATS, > Esq WILLIAM ATWOOD, ) S( ^ 

ROBERT WALTERS, ) 

The Lt Governor prorogued the Assembly till to morrow morning several! of the members 
not being yet come to Town. 



At A Councill held at ffort William Henry, this two and Twentieth day of April, 

1702. 

PRESENT As yesterday. 

The Clark of the Assembly acquainting the Lieutenant Governor in Councill that Eleaven 
of the members were in Town, he desired their attendance imediately which being done and 
the Speaker being present with them before this board the Lieutenant Governor sayd : 

Ll G:!vr 9 Speech. Gentlemen, 

The Chearfullnes?e with which the sound part of you gave the additional! Rsvenue, and the 
moderation which you showed to others, assured me of an happy effect of ibis meeting. 

Indeed I had promised my self that the proceedings of your whole body would have been 
agreeable to that unity and unanimity which I so earnestly r. j comendi;d to you at the opening 
of the last sessions, but they who refused to joyn with you in serving his Majtie and the publick 
have since made it more evi lent than I could have imagined, that nothing le.sse than having tne 
Goveiment in their hands could s itisfie em, and their chief managers have shewn such 
disaffection to his Majesty and his Govermeut, as nothing but the Execution, of the Laws can 
Conquer. 



172 Journal of the Legislative Council of New York. 






If there be any points wherein the Law of England cannot yet have its full Course here, 
through the different Circumstances of place, I shall be ready to concurr with you in proper 
methods for supplying such defects, and in all other matters which you can Reasonably propose 
for the good of this province. 

I think it my duty to Recomend to you the Consideration of proper methods for the Support 
of the publick creditt that the Souldiers may be more certain, and the ffortifications putt into a 
good posture of Defence, and I doubt not but your Loyalty to his Majesty King William will 
prompt you to shew your Resentment of the Indignity offered his Majesty, and the English 
nation by the ffrench King in pretending to sett up an Impostor for King of England and those 
other dominions of which ffrance it self is known to be part, being within his present Majesties 
Rightfull style. 

And in humble Imitation of the great Example of the Comon father of us, and his numerous 
happy people 1 can t but presse that there be no distinction heard of among us for the future but 
of those who are for the protestant Religion, and the present Establishment, and of those who 
mean a popish prince and a fTrench Goverment. 

Then they withdrew. 



At a Councill held at ffort William Henry, this seaven and twentieth day of Apr ill, 1702. 

PRESENT The Honollc JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, ) -p ri THOMAS WEAVER, ) ^ _ 

ROBERT WALTERS, > WILLIAM ATWOOD. > 

Jacob Rutsen and Isnac De Riemer Esq rs from the Assembly layd before this board a Bill for 
outlawing Phillip ffrench and Thomas Wenham merchants, and enforceing processe of Outlawry. 

A Bill for paying the debts of the Goverment made in the time of the late happy Revolution 
And 

A Bill for granting unto the City and County of New York, Kings County, County of 
Richmond, County of Orange find County of Westchester equall priviledge with the other Cities 
and Counties in this province, for the probate of Wills and granting Letters of Administration. 

The Bill for outlawing Phillip ffrench and Thomas Wenham merchants and enforceing process 
of Outlawry WHS read the first time. 



At a Councill held at ffort William Henry, this Eight and Twentieth day of Apritt, 

1702. 

PRESENT As yesterday. 

The petitions of severall pej^pns who either themselves or their Ancestors lived in this 
province under the Goverment ohe Dutch nation and during that time purchased for valuable 
Considerations at publick vendues and otherwise Lands and Tenements according to their Law and 
usage from the widdows and Administrators who thereby had power to sell the same, praying 
that An Act of Assembly may passe effectually to quiet their possessions and to make valid the 
said sales of the said Lands and Tenements so made together with what Collatterall Conveyances 
have been since made thereon and the same is hereby Recomended to the Consideration of the 
Gentlemen of the Assembly. 

The Bill for paying the debts of the Goverment made in the time of the late happy Revolution, 
and the Bill for granting unto the City and County of New York, Kings County, County of 
Richmond, County of Orange and County of Westchester equall priviledge with the other Cities 
and Counties of this province for the probate of Wills and granting LStters of Administration 
were read the first time. 

The Bill for outlawing Phillip ffrench and Thomas Wenham merchants and enforceing 
processe of Outlawry was read the second time and Comitted to Abraham Depeyster, Samuell 
Staats, Robert Walters, Thomas Weaver and William Atwood Esq 



1702.] John Nanfan, Esq: Lieut. Governor. 173 

At a Councill held at the City of New York, this Thirtieth day of Aprill, 1702. 

PRESENT The Honoble JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, ^ THOMAS WEAVER, > ^ g 

SAMUELL STAATS, > Esq" WILLIAM ATWOOD, \ 

ROBERT WALTERS, ) 

The Bill for outlawing Phillip ffrench and Thomas Wenham merchants, and Enforceing 
processe of outlawry, together with the Amendments made thereto by the Gentlemen of the 
Councill to whom the same was referred, being read the third time is passed, and this board do 
order the Clark of the Councill to carry the same to the house of Representatives for their assent 
to the said amendments. 

Which being done and the said Bill being Returned to this board with their assent to the 
said amendments It is 

Ordered, that the Clark of the Councill do amend the same according thereto. 

The said Bill being amended accordingly the Governor gave the assent thereto Enacting it 
and ordering it to be Enrolled. 

At a Councill held at the City of New York, this first day of May, 1702. 

PRESENT^- The Honoble JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, \^, c , WILLIAM ATWOOD, Esq r , 

ROBERT WALTERS, ^ s ^ SAMUELL STAATS, Esq r , sick, 

The rest out of Town. 

The Bill for Continueing the Comissioners of accounts for one yeare longer. 

The Bill for better Regulating the Elections of Trustees and Magistrates for the Town of 
Kingston in the County of Ulster. 

A Bill for declaring Confirming and Explaining the Liberties of the City of New York relating 
to the election of their Magistrates And 

A Bill for augmenting the number of the Representatives of this province to serve in the 
Generall Assembly, being layd before this board by the Governor the same having been 
Delivered to him by members of the house of Representatives appointed thereunto Were read 
the first and second time and Comitted to Abraham Depeyster Samuell Staats Robert Walters 
and William At wood Esq" or any three of them. 

The Bill for paying the debts of the Goverment &c read the second time. 

The house of Representatives by a Comittee of the said house appointed thereunto having 
presented to the honoble the L eutenant Governor the most humble Addresse of the house of 
Representatives of this his Majesties province of New York in Generall Assembly Conveened 
and desired his honor to send the same to England by the first opportunity in order that it might 
be layd before his Majtie the Governor produced the same before this board and it was there 
read and ordered accordingly. 

Post Meridiem. 

PRESENT The Honoble JOHN NANFAN, Esq r , &c., 

ABRAHAM DEPEYSTER, ^ THOMAS WEAVER, > F r! 

SAMUELL STAATS, > Esq" WILLIAM ATWOOD, \ ^ 

ROBERT WALTERS, ) 

William Atwood Esq r Chairman of the Comittee of the Councill to whom severall Bills were 
referred does report to this honoble Board that the Bill for Continuing the Comissioners of 
Accounts for one yeare longer, 

The Bill for the better regulating the Elections of Trustees and Magistrates for the Town of 
Kingston in the County of Ulster and 

The Bill for declaring Confirming and Explaining the Liberties of the City of New York 
relating to the Election of their Magistrates do passe without any amendment. And that the 
Bill for augmenting the number of the Representatives of this province to serve in Generall 
Assembly do passe with this amendment only In page the second Line the second the word 
[three] to be obliterated and the word [two] Inserted. 



174 Journal of the Legislative Council of New York. [ M 1 B"? 

David Provoost and Cornelius Sobering Esq from the house of Representatives layd before 
this board the Bill for Continuing the Revenue Established by Law unto his Majesty for two 
yea res longer. 

By order of this board the Bill for augmenting the number of the Representatives of this 
province to serve in Generall Assembly was Delivered to the said David Provoost and Cornelius 
Sobering to carry to the house of Representatives for their assent to the said amendments. 

The said persons being Returned with the said Bill to this board, the house of Representatives 
having consented to the said Amendment. This board do order the Clark of the Councill to 
amend the same accordingly. Which was done in Councill. 

The Bill for paying the Debts of the Goverment made in the time of the late happy 
Revolution. 

The Bill for augmenting the number of Representatives of this province to serve in Generall 
Assembly. 

The Bill for Continuing the Commissioners of accounts for one ye. ire longer. 

The Bill for declaring Confirming and Explaining the Liberties of the City of New York 
relating to the Election of their Magistrates and 

The Bill for the better Regulating the Elections of Trustees and Magistrates for the Town of 
Kingston in the County of Ulster were read the Third time and passed the Councill. 

The Bill for Continuing the Revenue Established by Law unto his Majesty for two yeares 
longer was read the first second and Third time and passed the Councill. 

The house of Representatives being present before this board the Governor signed the following 
Bills Enacting them and ordering them to be enrolled under the scale of this province, vizt 

2. The Bill for paying the debts of the Goverment made in the time of the late happy 
Revolution. 

3. The Bill for Continuing the Revenue Established by Law unto his Majesty for two yeares 
longer. 

4. The Bill for the better Regulating the Elections of Trustees and Magistrates for the town 
of Kingston in the County of Ulster. 

5. The Bill for declaring Confirming and Explaining the Liberties of the City of New York 
relating to the Electing of their Magistrates. 

G. The Bill for Continuing the Comissioner of accounts one year longer. And 

7. The Bill for Augmenting the number of Representatives of this province to serve in 
Generall Assembly. 

Then the Lieutenant Governor told the Assembly that they might go to their house and adjourn 
themselves to what time they thought fitt, and that he desired their attendance on him to 
publish the Laws to morrow morning. 

Alter which the Speaker sayd 

May it please your Honor. 

I am comanded by the house of Representatives to acquaint your honor with their sentiments 
That next to their most hearty Expressions of Loyalty to our most Rightful] Soveraign King 
William which they have made by doing every thing in their power to Support his Goverment 
in this province, and to discourage those who are enemies to it. They do with the greatest 
service of gratitude acknowledge your honors constant zeale for his Majesties service and the 
good of this province ever since his Majesty has been pleased to make us happy and to honor 
you with this goverment, of which you have given such convincing proofs, that they and their 
posterities have reason to pray, that the warm Influences of his Majesties fnvour, and the eternall 
Blessings of futurity may compensate them to your honors person and family for ever. 

The Lieutenant Governor favourably received the same and thanked them for their kind 
Expressions. Whereon they withdrew. 



At a Councill held at for t William Henry this Second day of May, 1702. 

PRESENT The Honolle JOHN NANFAN, E*q r , &c., 

ABRAHAM DEPEYSTER, ) ^ THOMAS WEAVER, ) n 

ROBERT WALTERS, ) WILLIAM ATWOOD, "I 

A Message from the Assembly by Isaac De Riemer and Adrian Genitse Esq ri laying before 
this b >ard the petition of Thomas Weaver Esq r Co lector of the Customs and Receiver General! 
of this province preferred to them this day which was read. On consideration thereof It is 
hereby 



1702.J Edward Lord Viscount Cornbury, Governor. 175 

Ordered, that a Letter be framed and transmitted to the Right honoble the Lords of the 
Councill of trade and plantations in favour of the said Thomas Weaver humbly Requesting their 
Lordships to Represent the said matter favourably to his Majesty. 



[Ix EXECUTIVE SESSION.] 
At a Councill held at the City of New York this third day of May, 1702. 

PRESENT - His Excellency Edward Lord Cornbury, &c., 

ABRAHAM DEPEYSTEU, ) THOMAS WEAVER. ) -p,, r , 

SAMUELL STAATS, > Esq" WILLIAM ATWOOD, ) 

ROBERT WALTERS, ) 

Ordered, a Proclamation issue forthwith DISSOLVING the Assembly and Declaring that a New 
one shall be called as soon as possible for his Majesties service. 



NINTH ASSEMBLY FIRST SESSIONS. 

At a Councill held at the Town of Jamaica in Queens County on the Island Nassau this 

20 A day of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

WILLIAM SMITH, ~\ RIP VAN DAM, "> j, , 

SA: SH: BROUGHTON,( -n, r , CALEB HEATHCOTE, ) 

W m LAWRENCE, r Jonx BRIDGES, Do r of Laws. 

GERRARD BEEKMAN,) 

The Clark of the Assembly having acquainted his Excellency that twelve of the members 
of the Generall assembly were in Town and were now Conveened together, his Excellency 
Comanded the Clark of the Councill to acquaint them that if they were in Readynesse his 
Lordship would send some of the members of the Councill whome by Dedimus potestatem he 
had Impowered for that purpose to administer the oathes appointed by act of parliament to be 
taken instead of the oathes of Allegiance and Supremacy and the Test by them. 

The Gents of the house of Representatives Returning that they, were ready to receive his 
Lordships Comands. 

Coll W Smith and John Bridges Doctor of Laws went and Administered the said oathes and 
Test to them. 

Ordered, that the Clark of the Councill do acquaint the house of Representatives that his 
Excellency desired their Attendance Imediately nt the Councill Chamber; And they 
accordingly Attending his Excellency Desired them to Repair to their house and Choose a 
Speaker and attend him with their Speaker. 

The sd members of the house of Representatives being Returned they presented William 
Nicoll Esqr to be Speaker of the house of Representatives of this province. 

His Excellency Confirmed their Choice Whereon the Speaker in the name of the house of 
Representatives Demanded his Lordships Confirmation of their ancient Rights and priviledges, 
and that the same might be entred verbatim in the Councill book, which being granted was 
ordered accordingly and follows in hac vcrba (vizt) 

The (Freedom from arrests for themselves and Servants during the Sessions as usuall ; 

(Freedom of accesse to his Lordship upon all occasions relating to their present service; 

(Freedom of Debate and speech in their house and a favourable and Candid Construccon of 
all their words, with all other the ancient priviledges usuages and Customs of the Generall 
Assembly of this province. 

Then his Excellency made the following Speech to the house of Representatives : 

Gcn/lcmcn, 

When I first left England, to come into this Province, I did resolve at my first Arrival, to call 
a General Assembly, hoping to find all Things here in so good a Posture, that I should have had 
nothing to do, but to apply myself, with your Assistance, to the putting this Country into a 
Posture of Defence, against the War, which I expected every Day would break out. It was 
an extreme Surprize to me, to find this Province, at my Landing, in such a Convulsion, as must 
unavoidably have occasioned its Ruin, if it had been suffered to have gone on a little longer. 
The many Complaints that were brought to me, against the Persons I found here in Power, 
sufficiently proved against them, and the miserable Accounts I had of the Condition of our 
Frontiers, made me think it convenient to delay rny meeting of you in General Assembly, till I 
could inform myself in some Measure, of the Condition of this Province, that I might be able 
to offer to your Considerations, some few of those Things, which will be necessary to be done 
forthwith for the Defence of the Country. The first Thing which I earnestly recommend to 
the Care of you, Gentlemen of the House of Representatives, is the providing for the Defence 
of the City and Port of New- York, which seem to me to be much exposed ; and likewise for 
the Defence of our Frontiers, which I have found in a much worse Condition than I could have 
imagined ; the Soldiers being naked and almost unarmed ; and the Forts in Reality defenceless, 
so that it will be absolutely necessary, in the first Place, to provide such Sums of Money, as 
maybe necessary for the making some Works, that will be proper for the Defence of the Country, 
and for the raising of 200 Men, which I think absolutely necessary to be placed at Albany and 
Schenectady, for the Defence of the Frontiers this Winter. I hope the Representations I have 
sent Home will have that good Effect, that her Majesty will give such Directions, that the 
Burthens here may be made Lighter; however in this Time of Exigency, I earnestly recommend 
to you a Dispatch of these Tniugs, and you may assure yourselves, that whatever Sums shall be 



1702.] Edward Lord Viscount Cornbury, Governor. 177 

granted by you, shall be applied to those Uses only, for which they were given, of which you 
shall have an Account at your next Meeting. There are some other Things, I think it my Duty 
to recommend to you, particularly the preparing a good Bill, for the better rcglating the Militia 
of this Province, another for the Erecting of publick Schools in proper Places, another for 
appointing a convenient Number of fit Persons, to examine and state the publick Accounts and 
Debts of this Province; that when the Debts are^known, such proper Methods may be taken 
for the Payment of them in due Time, as will best suit the Condition of the Province ; these 
and all other Bills, which shall appear to be necessary to be passed into Acts, for the good of 
this Country, and for the Preservation and Encouragement of the People, shall always find a 
ready Compliance from me. 

Now, Gentlemen, I have no more to trouble you with, but to assure you, in the Name of the 
great Queen of England my Mistress, that you may safely depend upon all the Protection that 
good and faithful Subjects can desire, or expect from a Sovereign, whose greatest Delight is in 
the Welfare of her People ; under whose auspicious Reign, we are sure to enjoy, what no Nation 
in the World dares claim, but the Subjects of England, I mean the free Enjoyment of the best 
Religion in the World, the full Possession of all lawful Liberty, and the undisturbed Enjoyment 
of our Freeholds and Properties : These are some of those many Benefits, which I take the 
Inhabitants of this Province, to be well entitled to by the Laws of England, and I am glad of 
this Opportunity to assure you, that as long as I have the Honour to serve the Queen, in the 
Government of this Province, those Laws shall be put in Execution, according to the Intent with 
which they were made, that is for the Preservation and Protection of the People, and not for 
their Oppression. I heartily rejoice to see, that the free Choice of the People, has fallen upon 
Gentlemen, whose constant Fidelity to the Crown, and unwearied Application to the Good of 
their Country, is so universally known. 

Ordered, that a Message be sent to the house of Representatives acquainting them of the 
usage and Custom of the parliament of England to appoint a Chaplain to read prayers to them 
every morning before they proceed on businesse that day and to desire that they will do the 
same, and 

Ordered, that Caleb Heathcote Esq r and John Bridges Doctor of Laws do carry the said 
message. 

Adjourned till Eight of the Clock to morrow morning. 



At a Councill held at Jamaica in Queens County this 21 A of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

WILLIAM SMITH, } WILLIAM LAWRENCE, ) -p r , 

SA: SH: BUOUGHTON, > Esq" CALEB HEATHCOTE, ) S( * 

RIP VAN DAM, ) JOHN BRIDGES, Do r of Laws. 

Coll" Caleb Heathcote and Doctor John Bridges acquainted this board that they had Dd the 
Message yesterday sent by them to the house of Representatives 
Adjourned till Eight of the Clock to morrow morning. 



At a Councill held at Jamaica this 22" 1 day of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

WILLIAM SMITH, ^ GERRARD BEEKMAN, ) j, n 

SA: SH: BROUGHTON, > Esq RIP VAN DAM, > 

W m LAWRENCE, ) JOHN BRIDGES, Do r of Laws. 

, Ordered, that the Attorney Generall do prepare a Bill for the effectuall Discovering the debts 
of this Goverment and Coll W m Smith and Rip van Dam Esq are hereby desired to assist him 
therein. 

Adjourued till two of the Clock in the afternoon. 

Post Meridiem 
PRESENTIBUS Eisdem 

Phillip ffrench and Thomas Codrington Esq" brought a Message from the house of 
Representatives Desiring to know when his Excell will please to be attended with the Addresse 
of the said house. 
23 



178 Journal of the Legislative Council of New York. [ T; 

His Excellency acquainted them tlifit he was ready to receive the same. 
Whereupon the Sp-nker attended with the whole house of Representatives, addressed his 
Excellency in the words following 

Mini it plcnsc your Lordship, 

The Representatives of the People of thi* Colony, now convened in General Assembly, nro 
under the greatest Obligations to render your Lordship their grateful Acknowledgment, for your 
Excellency s most kind and agreeable Speech ; which they humbly otter with all imaginable 
S ncerity. They are deeply sensible of the Misery and Cab-mity this Country lay under at your 
Excellency s Arrival, and could heartily wish there had been no Re- Son, for these just Complaints, 
or the true Observations of the C ndition of the Country your Lordship has made but are not 
able sufficiently to exp-essthe Satisfaction they have, both in their Relief and Deliverer They 
entirely believe they cannot be happier, than under the Reign of so good and so great a Princess, 
as her Sacred Majesty the Queen, especially since the Care of her Subjects in these Parts, is 
com-nitted to a Person of your Lordship s generous and noble Character, so sensible of the Rights 
of the English Subjects, and so willing to put the Laws into Execution, which are the Defence 
and Security of those Rights. They are pleased to the greatest Degree, to find themselves in 
your Lordship s favourable and good Opinion ; they hope, and shall make it their utmost 
Endeavour to continue it, by their cordial Affection and steady Faith to the Crown, their Duty, 
Regard and Gratitude to your Lordship, and their just Concern and Love for their Country. 

Then they withdrew. 

It is the opinion of this board that a Message be sent to the house of Representatives desiring 
them to appoint a Comittee of their house to meet Coll W m Smith, Sa: Sh : Broughton E*q r and 
John Bridges Do r of Laws appointed a Comittee of this board in order to the preparing an 
Addresse for Congratulating her Majtie on her happy Accession to the Crown, And 

Ordered, that Rip van Dam Esq r and John Bridges Do r of Laws do Carry the sd Message. 
Which they did accordingly. 

Adjourned till ten of the Clock to morrow morning. 



At a Councill held at Jamaica in Queens County, this 23" 1 day of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORXBURY, &c., 

W m SMITH, } RIP VAN DAM, Esq r , 

SA: SH: BROUGHTON, > Esq JOHN BRIDGES, Do r of Laws, 

W m LAWRENCE, ) 

Henry Beekman and John Stillwell Esq from the house of Representatives acquainted this 
board that they had appointed a Comittee of the said house to meet the Comittee of the 
Councill to consider of an addresse for Congratulating her Majtie on her happy accession to 
the Crown, according to a Message from this hoard sent them yesterday for that purpose. 

Ordered, that the said Cotnittees to meet in the Councill Chamber to morrow morning at Eight 
of the Clock. 

Adjourned till four of the Clock this afternoone. 

Four a clock afternoon. 
Adjourned till nine of the Clock to morrow morning. 



At a Councill held at Jamaica, this 24 M day of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBUUY, &c., 

W m SMITH, ^ RIP VAN DAM, Esq r , 

SA: SH: BROUGHTON, > Esq" JOHN BRIDGES, Do r of Laws, 

W m LAWRENCE, ) 

Coll" W m Smith Chairman of the Comittee of the Councill appointed to meet a Comittee of 
the house of Representatives in order to the preparing an Addresse for Congratulating her 
M;ijtie s happy accession to the Crown reports that the said Comittecs have prepared the said 
Addresse which was read and was approved of and ordered to be entred in the Councill book & 
follows ill hcec verba. 



1702.] Edward Lord Viscount Cornbury, Governor. 179 

To the QUEEN S Most Excellent MAJESTY. 

The humble ADDRESS of your Majesty s Governor, Council and Representatives of 
your Colony of New -York in America, convened in General Assembly. 

Most hvmUij Shciceth, 

That we are glad to lay hold of the Opportunity of the first Time of our being convened in 
General Assembly, with an unfeigned Zeal, in all humble Manner, to congratulate your Majesty s 
happy Accession to the Throne of Great-Britain, and other your Majesty s Dominions, and do 
esteem it the Effect of God s great Goodness towards us, that your Sacred Majesty has been 
preserved peaceably to ascend the Throne of your Ancestors, and to be so eminent and particular 
a Blessing to your Subjects. Many of us, in this Province, have had the Misfortune, to be 
misrepresented as disaffected to the Government and Laws of England, and particularly to the 
Person of his late Majesty, and several of us severely treated as such, by Persons then executing 
the Powers of Government here ; notwithstanding, we have all of us, in our respective Stations 
most studiously and constantly given Proofs of our Readiness to support the Government of 
England, as by Law established. And as our Hearts are transported with Joy, from a due 
Sense we have of your Majesty s royal Goodness, Care and Concern for the Peace and Preservation 
of all your Subjects, so we do firmly resolve, upon all Occasions, to give fresh Demonstrations 
of our inviolable Duty, Zeal and good Affection, to your Majesty s Person and Government, and 
shall most chearf ully and unanimously, to the utmost of our Power, endeavour to support and 
def iid this your Majesty s Colony, and shall constantly put up our Prayers to Almighty God, to 
make your Majesty s auspicious Reign long and prosperous. 

Adjourned till Eight of the Clock Tuesday morning. 



At a Councill held at Jamaica, this 27 * day of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORXBURY, &c., 

W m SMITH, 1 RIP VAN DAM, ) p., r , 

SA: Sn: BROUGHTON, > Esq CALEB HEATHCOTE, \ 

GEUHAKDUS B HERMAN, ) JOHN BRIDGES, Do r of Laws 

Adjourned till three of the Clock afternoone. 

Three a clock afternoon. 
Adjourned till 8 of the Clock to morrow morning. 



At a Councill held at Jamaica this 28 M day of October, 1702. 

PRESENT Hi Excellency EDWARD Viscount CORNBURY, &c., 

W ro SMITH, ~) RIP VAN DAM, 

SA: SH: BROUGHTON, > Esq CALEB HEATHCOTE, 

GERRAKD BEEKMAN, ) 

A Message was sent from the house of Representatives by Thomas Garton and Thomas 
Yv r illet Esq s acquainting this board that the said house have agreed to the Addresse for 
Congratulating her majties happy accession to tlie Crown, the said addresse being read at the 
board is agreed to and ordered to be Engrossed 

On Consideration of the Message sent his Excellency from the house of Representives desiring 
that his Excellency will please to appoint a Serjeant at arms to attend the sd house his 
Excellency lias thought fiit to Constitute and appoint M r Edward Cole for that office And 

Ordered, that Coll Heathcote acquaint this house of Representatives thereof. 

On Consideration of the Message from the house of Representatives desiring that the accounts 
of the revenue of this Colony and the necessary Contingent Charge of the Goverment since 
the arrivall of the Kite Earle of Bellomont in this Colony may be layd before the sd house. 
His Excellency is pleased to return for answer thereto that he is very desirous that the same 
may be Inquired into, and will give to the house of Representatives all Books papers or other 
things that have come to his hands possion or power in order to their so doing 

And his Excellency is further pleased to declare that he is very desirous that the house of 
Representatives will by a Bill arm fitt persons with sufficient power to Examine into the Debts 
of the Colony and State of the Revenue. 

Adjourned till 8 of the Clock to morrow morning. 



180 Journal of the Legislative Council of New York. [ $ S 

At a Councill held at Jamaica in Queens County this 29 * day of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ) Kip VAN DAM, > Esa 

SA: SH: BROIJGHTON, > Esq CALEB HEATHCOTE, > 

GERRARD BEEKMAN, ) 

Adjourned till to morrow morning 8 of the Clock 



At a Councill held at Jamaica in Queens County this 30" 1 day of October, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBORY, &c., 

W ra SMITH, } RIP VAN DAM, ) E 

SA: SH: BROUGHTON, > Esq r CALEB HEATHCOTE, > 

GERR: BEEKMAN, ) 

Adjourned till two of the Clock afternoone 

Post Meridiem. 

PRESENTIBUS Eisdcm 

Adjourned till Eight of the Clock to morrow morning. 

31 th October 1702 Adjourned till Monday two of the Clock afternoone 
2 d November 1702 Adjourned till to morrow morning Eight of the Clock 

At a Councill held at Jamaica in Queens County this 3 d of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUTLER, ) v GERRARDUS BEEKMAN, ) E 

W m LAWRENCE, 5 CALEB HEATHCOTE, j 

The rest out of Town 

Adjourned till four of the Clock afternoon 

Post Meridiem 
Adjourned till ten of the Clock to morrow morning 

At a Councill held at Jamaica in Queens County this 5 * day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBCRY, &c., 

WILLIAM SMITH, ) GERRARD BEEKMAN, } 

PETER SCHUYLER, > Esq" RlP VAN DAM, > Esq" 

W" LAWRENCE, ) CALEB HEATHCOTE, ) 

Daniell Whitehead and John Abeell Esq" from the house of Representatives layd before 
this board a Bill for the Levying and Collecting the sume of ^1800 for the raising paying and 
mainteining 150 fuzileers with their proper officers for 5 mo and 30 men witli their proper 
Officers to be Imployed as Scouts 62 dayes for ihe Defence of the frontiers which was read the 
first time, and ordered a Second Reading to morrow morning 

Adjourned till ten of the Clock to morrow morning. 



1702.] Edward Lord Viscount Cornbury, Governor. 181 

At a Councill held at Jamaica, this G" day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, "} . GERRARD BEEKMAN, ~) 

PETER SCHUYLER, f j, RIP VAN DAM, > Esq 

SA: SH: BROUGHTON, r CALEB HEATHCOTE, ) 

W m LAWRENCE, J 

The humble Addresse of the Governor Councill and Representatives of this province Conveened 
in Generall Assembly Congratulating her Majties happy accession to the Crown having Been 
fairly Ingrossed was presented to this board and read and signed by the Governor and the 
Gentlemen of her Majties Councill, and ordered to be sent to the house of Representatives and 
that Coll Heathcote do carry the same. 

The Attorney Generall in pursuance of his Excellencies order having prepared a Bill for the 
better Selling the militia and for the Repealing all former Acts relating to the same, presented 
the said Bill this day to his Excellency in Councill which was read and 

Ordered, that the Attorney Generall do carry the same to the house of Representatives for 
their Concurrence. 

The Bill for Levying and Collecting the sume of ,1800 for the raising 150 fuzileers with 
their proper officers for 5 mo and 30 men with their proper officers for sixty two dayes for the 
Defence of the {frontiers was according to the order of the day read the second time. 

Killian van Ransluer and Thomas Willet Esq" from the house of Representatives layd before 
this board a Bill for destroying of Wolves within this Colony which was read the first time. 

Adjourned till 3 of the Clock in the afternoone. 

Post Meridiem. 

PRESENT His Excellency EDWARD Viscount CORNBCRY, &c., 

W ra SMITH, ^ W m LAWRENCE, ^ 

PETER SCHUYLER, > Esq" RIP VAN DAM, , Esq 

SA: SH: BROUGHTON, ) CALEB HEATHCOTE, ) 

Adjourned till Eight of the Clock to morrow morning. 



At a Councill held at Jamaica in Queens County, this 1 th day of 9 b " r , 1702 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ^ RIP VAN DAM, ) Es 

SA : SH BROUGHTON, > Esq" CALEB HEATHCOTE, 3 S 1 

W m LAWRENCE, ) 

The Bill for the Levying and Collecting the sume of 1800 for the raising paying and 
mainteining 150 fuzileers wiih their proper officers for 5 mo and 30 men with their proper 
officers to be imployed as Scouts 62 dayes for the defence of the (frontiers was read the 
third time. 

Resolved, the sd Bill do passe the Councill. 

His Excellency gave the Assent to this Bill ; Enacting it and ordering it to be Enrolled and 
his Excellency was further pleased to order that the house of Representatives be acquainted 
that her Majties Councill had passed the said Bill and that his Excellency has also been pleased 
to give her assent thereto and since that for performing the service in the said act directed there 
will be imediate occasion (for endeavouring to procure a loan of money therein mentioned his 
Excellency intends this day at 12 of the Clock before the Court house of this County) to publish 
the sd Act, and therefore directs that the members of the house of Representatives do then and 
there attend to see the same performed as hath been usuail and 

Ordered, that the Attorney Gen 11 do carry the said Message. Which having been done 

John Abeell and John Jackson Esq" acquainted his Excellency in Councill that the house 
of Representatives will attend his Excellency at the time and place appointed in his Excellencys 
Message to them. 

The Bill for Destroying of Wolves within this Colony was read the second time and Comitted 
to the whole Councill or any three of them. 

Ordered, that the Mayor of the city of New York attended with the Comon Councill of the 
said City do Cause the Act for Levying and Collecting the sume of ,LSOO &ca to be published 
at the City hall of the said City with all possible Expedition 

Adjourned till Munday morning ten of the Clock 

9 th 9 be f 1702 Adjourned till to morrow morning ten of the Clock 



182 Journal of the Legislative Council of New York. 



,4^ a Councill held at Jamaica in Queens County this 10 * day of 9* er , 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ~\ 

PETER SCHUYLER, r^ GERRARD BEEKMAN, ),, rs 

SA: SH: BROUGHTON, r CALEB HEATHCOTE, ) 

W m LAWRENCE, ) 

Coll W m Smith Chairman of the Comittee of the Councill to whom the Bill for destroying 
Wolves within this Colony was Comitted Does Report from the s* 1 Comittee that the s 1 Bill 
ought to passe without any amendment. 

The Bill for destroying of Wolves within this Colony being read the third time 

Resolved, the Bill do passe the Councill 

Adjourned till three of the Clock afternoone. 

Post Meridiem. 
Adjourned till Eight of the Clock to morrow morning 



At a Councill held at Jamaica this Eleaventh day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

WILLIAM SMITH, ^ GERRARD BEEKMAN, ) 

PETER SCHUYLER, > Esq" CALEB HEATHCOTE, 3 

WILLIAM LAWRENCE, ) 

A Bill for preventing doubts and mistakes and for Continuing processe and Judicial! 
proceedings having been prepared and layd before this board was read the first second and third 
time 

Resolved, the same do passe the Councill and be carried down to the house of Representatives 
for their Concurrence and ordered that Coll Beekman do carry the same. 

Adjourned till three in the afternoon 

Post Meridiem. 

PRESENTIBUS Eisdcm. 

Joseph Purdy nnd Abraham Lnkerman from the Assembly layd before this board the Bill 
for preventing doubts and mistakes and for Continuing processe and Judicial! proceedings to 
which the house of Representatives had Hgreed without amendment. 

Anjourned till Eight of the Clock to morrow morning. 



At a Councill held at Jamaica in Queens County this 12 (A day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ^ W m LAWRENCE, } 

PETER SCHUYLER, >Esq r< GERRARD BEEKMAN, >Esq" 

SA : SH BROUGHTON, ) CALEB HEATHCOTE, ) 

Ordered., that a Message be sent to the house of Representatives to acquaint them that his 
sentiothe Excell is directed by his Instructions to recomend to them the passing a Law for 
Assembly g^iing the value of rnens Estates either in goods or Lands under which they shall not 
be capable of serving as Jurors and that Coll Heathcote do Carry the same. 

The Attorney General! according to an order of the 21" S 1 *" last layd before this board a Bill 
for the better discovery of the debts of the Goverment which was ordered to lye on the table 
for further Consideration. 



1702.] Edward Lord Viscount Cornlury, Governor. 183 

At a Councill held at Jamaica in Queens County this 13 A day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY. &c., 

W m SMITH, ^ GERRARD BEEKMAX, ) 

SA: SH: BROUGHTON, > Esq CALEB HEATHCOIE ) 

W" 1 LAWRENCE, ) JOHN BRIDGES Do r of Laws. 

The members of her M.ije^ties Council! being duly sensible of great and unusual! Charge 
that has unavoidably nccrued l>y liis Excellency s Journey into the provinces of East and West 
New Jersey lor the proclaiming of her Most sacred Majtie as well as the charge of Additionall 
presents to the Indians, hire of sloops and other vessells as also of his said Excellencies 
transporting of himself and {family twice this Sumer to and from the frontiers of Albany their 
to meet and treat with the neighbouring Indians as well as to forward, direct and Inconrage the 
carrying on the new (fortifications ihere designed and begun and that since by reason of a great 
sickness and mortality lately happening in the City of New York his Sayd Excellency has by 
advice of this board been obliged to transport himself and ffamily to the Town of Jamaica in 
Queens County on Nassaw Island and there to continue during the Sitting of the Genera! I 
assembly, The members of her Majties Councill are humbly of opinion that all such charges 
which have been necessarily Expended in his Journey to the Jerseys as well as from the time 
he transported himself from his Majties fort at New York ought to be allowed his said Excellency 
to the time his sayd Excellency shall return to New York again and well knowing the state of 
her Majties Revenue here by the late mismangment and undue Application thereof is brought 
so greatly in debt that such charge and Disbursements cannot be in a long time payd out of the 
sayd fund they do therefore pray his Excellency the Governor will please to direct that an 
account thereof may be lay d before this board and that his sayd Excellency will also please to 
give leave lo her said Majties Councill to recomend the Consideracon of this matter to the 
house of Representatives now Conveened that some other fund may be found by which such 
disbursements may be speedily payd 

His Excellency was pleased to give leave to the Councill to Recomend this matter to the 
house of Representatives and ordered Doctor Bridges to carry the said message 

Adjourned till nine of the Clock to morrow morning 



At a Councill held at Jamaica in Queens County this 14 * day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

W m SMITH, } GERRARD BEEKMAN, ) 

SA: SH: BROUGHTON, > Esq CALEB HEATHCOTE, ) S( ^ 

W m LAWRENCE, ) JOHN BRIDGES Do r of Laws, 

Phillip ffrench and Jacobus Courtlandt Esq" brought a Message from the house of 
Representatives addressing his Excell that the said house be adjourned to the City of New 
York. 

His Excellency hath Consented to the said Addresse, and hath ordered a proclamation to 
Proclamation, issue for adjourning the assembly from the town of Jamaica to the City of New 
York there to meet and sitt on Munday next at two of the Clock in the afternoon And 

Ordered, that Coll Smith acquaint the house of Representatives therewith. 

Doctor Bridges acquainted this board that he had Dd the order made yesterday by this board 
to the house of Representatives. 

Post Meridiem. 

W m SMITH, *) GERRARD BEEKMAN, Esq r 

SA: SH: BROUGHTON, > Esq" JOHN BRIDGES Do r of Laws. 

W m LAWRENCE, ) 

Adjourned till Munday next two of the Clock afternoon. 

16 th November 1702 Adjourned till to morrow morning ten of the Clock 



184 Journal of the Leislative Council of New York. 






At a Councill held at fort W m Henry in New York the 17 A day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, c., 

W ra SMITH, ) j, RIP VAN DAM, Esq r 

SA: SH: BROUGHTON, ) S 1 JOHN BRIDGES Do r of Laws. 

The rest out of Town 

His Excellency having been pleased to acquaint this board that he hath been by Sundry 
persons Informed from both Countrey and City that upon the apprehension of being detached 
for her Majties service on the (frontiers a great number of young men persons most titt for that 
service and who could be best spared have left the places of their usuall Residence & have 
Conveyed themselves some out of the province and others of them into such parts thereof 
where they think themselves not lyable to be taken for that service that unlesse some way can 
be found to remedy this mischief whenever it is necessary for her mnjties service and the 
preservation of this province to make such detachments It must consequently full upon such 
persons who are least fitt and can be worst spared ffor Remedy whereof his Excellency prayes 
the advice of this board Who on due Consideration thereof are humbly of opinion that the 
same be Recornended to the house of Representatives that some clause be added to the bill for 
the Regulation of the Militia as may be effectuall to remedy the same for the future, and are of 
oninion that such persons as shall soe absent themselves ought to be lyable to some Considerable 
fine and that in case any such persons can be found in any oilier counties than such ;is where 
they usually Reside and are Listed in and can be taken by any person detached in that County 
where they shall be found such persons who shall take such deserter shall be Excused serving 
upon that Detachment and such person as is taken shall be obliged to serve in his stead, his 
Excellency is also pleased to acquaint this board that for want of the perfecting the Bill 
Establishing the Militia he cannot take proper measures of supplying the frontiers with men as 
is designed by the Bill lately passed for that purpose. This board are therefore humbly of 
opinion that the Consideration thereof be also Recomended to the house of Representatives 
desiring them to Expediate the perfecting of that Bill the season of the yeare being very farr 
spent. And 

Ordered, that Rip van Dam Esq r do carry the said minute to the house of Representatives. 

Gerrard Beekman Esq r took his place at this board. 

Adjourned till four ol the Clock in the afternoon. 

Post Merid. 

Adjourned till to morrow morning ten of the Clock 
18 th November 1702 Adjourned till to morrow morning ten of the Clock 



At a Councill held at ffort W m Henry, this 19 * day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, } CALEB HEATHCOTE, Esq r 

GERRARD BEEKMAN, > Esq JOHN BRIDGES, Do r of Laws. 

RIP VAN DAM, ) 

Myndert Schuyler and Evert Banker Esq" from the house of Representatives layd before this 
board A Bill for the better setling the Militia of this province and making it more usefull for the 
security and defence thereof and for Repealing all former acts heretofore made in this province 
relating to the same which was read the first time and ordered a second Reading in the 
afternoone. 

Post Meridiem. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ^ CALEB HEATHCOTE, Esq r , 

SA : SH: BROUGIITON, > Esq" JOHN BRIDGES, Do r of Laws, 

RIP VAN DAM, ) 

The Bill for the better settling the Militia of this province &c was read the second time and 
Comitted to the Councill or any three of them. 



1702.] Edward Lord Viscount Cornbury, Governor. 185 

His Excellency layd before this board A Bill for Encouragment of a Grammar Free Schooll in 
the City of New York which was Dd to him by members of the house of Representatives 
appointed to do the same which was read the first and second time and Comitted to the members 
of this board or any three of them. 

Adjourned till to morrow morning ten of the Clock. 



At a Councill held at ffort W m Henry, this 20 * day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, 1 CALEB HEATHCOTE, Esq r , 

SA : SH BROUGHTON, > Esq" JOHN BRIDGES, Do r of Laws. 

RIP VAN DAM, ) 

Coll" W ra Smith Chairman of the Comittee of the Councill to whom the Bill for the better 
Setling of the Militia of this province &c was Comitted does Report to this honoble Board that 
the penalties layd upon severall defaults and deficiencies in the said Bill mentioned are as they 
humbly conceive too small to reduce into good order and method the Militia aforesaid Yett they 
neverthelesse are humbly of opinion that since his Excellency the Gov r will be Imediately 
obliged to detach some part of the said Militia for the service and security of the frontiers 
which cannot be Conveniently performed without the said Bill be passed into a Law and that 
the season of the yeare is now so farr spent that it will not admitt off any long debate. Wee 
are humbly of opinion that the said Bill do passe without any amendment alwayes hoping that 
such Inconveniences as shall occurr to his Excellency in making such detachments will be hapily 
and effectually Remedied upon the next sitting of this assembly. 

Which Report being read and approved of 

The said bill was read the third time. 

Resolved, the Bill do passe the Councill. 

Then his Excellency gave the assent to the said Bill enacting it and ordering it to be enrolled 
under the scale of the province. 

A Bill for the better Support and Mainteining of the Poor in the City of New York for the 
future was layd before this board by his Excellency the same having been Dd to him by 
members of the house of Representatives appointed thereunto and read the first and second 
time and Comitted to the members of this board or any three of them. 

Coll W Smith Chairman of the Comittee of the Councill to whom the Bill for Encouragment 
of a Grammar Free Schooll in the City of New York was Comitted by this board for Report 
does humbly offer to his Excellency that upon perusall of that part of his Excellencies 
Instructions relating to Schooll masters within this Colony In the words following : That no 
Schooll master be permitted to come from England and to keep a schooll within this province 
without the License of the Right Reverend Gather in God Henry Lord Bishop of London and 
that no person now there or that shall come from other parts be admitted to keep Schooll 
without your Lycense first obteined Wee are humbly of opinion his Excellency ought not to 
passe the said Bill otherwise than is directed by that Clause of his Excellencies Instruction and 
that it be Recomended to the house of Representatives to make such amendments in the said 
Bill as is agreeable thereunto And 

Ordered, that Coll Heathcote do carry the same. 

Adjourned till ten of the Clock to morrow morning. 



At a Councill held at ffort W m Henry, this 21 * day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ^ CALEB HEATHCOTE, Esq r 

SA : Sn : BROUGHTON, > Esq" JOHN BRIDGES, Do r of Laws. 

RIP VAN DAM, ) 

Coll" W m Smith Chairman of the Comittee of the Councill to whome the Bill for the Better 
Support and maintenance of the Poor in the City of New York for the future was Comitted 
does report to this honoble board that the said Bill do passe without any Amendment. 

Which being read and approved of. 

The said Bill was read the third time and passed the Councill. 

24 



186 Journal of the Legislative Council of New York. [ 5 f|JJ?; 

A Bill for the Repealing severall Acts of Assembly and declaring other Ordinances published 
as Acts of Assembly to be void having been Dd to his Excellency by members of the house of 
Representatives appointed thereunto and layd before this board by his Excellency was read the 
first time. 

Adjourned till Munday nine of the Clock in the morning. 

23 lh Adjourned till to morrow morning ten of the Clock 



At a Councill held at ffort W m Henry this 24 * day of November, 1702. 

PKESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, } RIP VAN DAM, ) E r , 

SA : Sn BROUGHTON, > Esq ri CALEB HEATHCOTE, 5 

GERRARD BEEKMAN, ) 

The Bill to enable the City of New York to supply the vacancy of such Elective magistrates 
and other publick officers as may dye, remove or otherwayes be Incapacitated to serve before 
the time of the annuall Election being layd before this board by his Excellency the same having 
been Dd him by members of the house of Representatives appointed thereunto was read the 
first and second time and Comitted to the members of this board or any three of them. 

Adjourned till to morrow morning ten of the Clock. 



At a Councill held at ffort W m Henry this 25 A day of November, 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, } RIP VAN DAM, ) E n 

SA : SH : BROUGHTON, > Esq" CALEB HEATHCOTE, 3 

GERRARD BEEKMAN, ) 

Coll" W m Smith Chairman of the Comittee of the Councill to whom the Bill for encouragment 
of a Grammar Free Schooll in the City of New York was Recomitted Hoes report to this hotioble 
board. That all be left out after the words [Queen Mary] in the tenth line of the second Sheet 
and instead thereof the following provisoe to be Inserted Provided allwayes that such Schooll 
master if Chosen from England then to be Licensed by the Right Reverend (father in God the 
Lord Bishop of London and approved of by the Gov r or Comander in Chief of this province for 
the time being, and in case any fitt person shall be here found for the discharge of that duty as 
well as upon any Vacancy that may hereafter happen upon the death absence or disability of 
such Schooll master that then and in such case the Comon Councill of the City of New York 
for the time being shall and may Recomend to the Gov r or Comander in Chief of this province for 
the time being such fitt person qualified as is aforesaid for License and approbation Which is 
allwayes to be had and obteined before such Schooll master be Intituled to the Sallary aforesaid 
any thing herein conteined to the Contrary thereof in any wise notwithstanding 

Which Report being read and approved of The said Bill together with the said amendments 
being read the third time is passed the Councill and ordered to be sent down to the house of 
Representatives for their Concurrence to the sd amendrn and M r Attorney Generall ordered to 
carry the same Which was done. 

His Excellency layd before this board A Bill for Granting unto her Majesty the sume of 
.2000 to be applyed (with her Majties good pleasure to the uses in this act mentioned. 

A Bill for Enforceing and Continuing the act for encouraging a post office in this province of 
New York 4 y" and one half yeare from the month of Aprill 1700. 

A Bill to Enable the Mayor Aldermen and Comonalty of the City of New York for the time 
being to raise money upon the ffreeholders and Inhabitants thereof for defraying their publick 
and necessary Charges Annually the same having been Dd to his Excellency by members of the 
house of Representatives appointed thereunto. 

Which were Read the first and second time and Comitted to the members of this board or any 
three of them. 

Phillip ffrench Esq r from the house of Representatatives desires a Conferrence with the 
Councill upon the amendments of the Bill for Incouragment of a Grammar Free Schooll &c. 

The Gentl of the Councill did agree to the sd Conferrence, and order that Coll W m Smith, 
Sampson Shelton Broughton Esq r and Coll" Caleb Heathcote do manage the same and that they 
meet the Comittee of the house of Representatives in order thereunto this afternoon between 
three and four of the Clock at the house of the sd M r ffrench. 



1702.J Edward Lord Viscount Cornbury, Governor. 187 

Post Meridiem. 

PRESEXTIBUS Eisdcm. 

Coll" W m Smith Chairman of the Comittee of the Councill to whome the Bill for granting 
unto her Majtie the sumeof ,2000 to be applyed (with her Majties good pleasure) to the uses in 
this Act mentioned was Comitted for report does humbly offer to his Excellency and this board 
that the sume of .2000 being thereby granted to her Majtie for the use therein mentioned the 
said Bill ought to passe without any amendment. 

Which report being read and approved of The said Bill was read the third time and passed 
the Councill, and 

Ordered, that the house of Representatives have notice of the passing of this Bill. 

Coll W m Smith Chairman of the Comittee of the Councill to whom the Bill for enforceing 
and Continueing the Act for encouraging a post office in this province of New York four yeares 
and one half yeare from the month of Aprill which is in the yeare 1700 was Comitted does 
report to his Excellency and this Board that the said Bill ought to passe without any 
amendment. 

Which Report being read and approved of the said Bill was read the third time and passed 
the Councill and ordered that the house of Representatives have notice of the passing of this 
Bill. 

Coll W m Smith Chairman of the Comittee of the Councill to whom the Bill to enable the 
Mayor Aldermen and Comonalty of the City of New York for the time being to raise money 
upon the ffreeholders and Inhabitants thereof for defraying their publick and necessary Charges 
annually was Comitted does Report to this honoble Board That the said Bill ought to passe 
without any amendment. 

Which Report being read and approved of The said Bill was read the third time and passed 
the Councill. 

Ordered, that the house of Representatives have notice of the passing of this Bill, and of all 
other Bills which have passed the Councill this Session. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the Bill 
to Enable the City of New York to Supply the vacancy of Such Elective Magistrates and other 
Publick officers as may dye Remove or otherwayes be Incapacitated to serve before the time of 
the annuall Election was Comitted does Report to this honoble board. That after the tide of 
the said Bill and before the words [Be it Enacted] these words be Inserted [Whereas it hath 
been found very hurtfull and prejudiciall to the City of New York and obstructive to the affaires 
and goverm thereof that upon the Death removall or other Disability of any Elective Magistrate 
or officer of the said City there is not Sufficient power and authority in the said City or any the 
members thereof to fill up the room or place of the Magistrate or officer so dying removing or 
being disabled with some other fitt and honest person untill the annuall day of Election of 
Magistrates and officers for the City aforesaid comes about by reason the Charter of the said City 
appointing the same is short and defective therein for supply and amendment whereof. 

Which Report being read was approved of And the said Bill together with the amendment 
being read the third time is passed the Councill and ordered to be sent down to the house of 
Representatives for their Concurrence to the sd Amendment, and that the Att Gen" do 
carry the same 

Adjourned till nine of the Clock to morrow morning 



At a Councill held at ffort W m Henry this 26 * day of November, 1702. 

PRESENT His Excellency EDWAED Viscount CORXBURY, &c., 

W m SMITH, } RIP VAX DAM, ) Esa 

SA: SH: BRODGHTON, >Esq CALEB HEATHCOTE, > 

GERRARD BEEKMAN, } 

Coll" W m Smith Chairman of the Comittee of the Councill appointed to meet a Comittee of 
the house of Representatives on the amendment to the Bill for Incouragm of a Grammar Free 
Schooll &c does report to his Excellency in Councill that the sd Comittee have mett and have 
agreed to the amendment to the said Bill as followeth vizt : That Instead of the last provisos 
made by the Councill as an amendm to the sd Bill these following words be Inserted 
[Provided allvvayes that such Schoollmaster shall from time to time as a vacancy happens be 
Chosen and Recomended by the Comon Councill of the said City for the time being in order to 
be Licensed and approved by the Right honoble the Bishopp of London for the time being or 
the Governor or Comander in Chief of this province for the time being any thing herein 
Conteined to the Contrary thereof in any ways notwithstanding.] 

Which was approved of and 



188 Journal of. the Legislative Council of New York. [ 

Ordered, that the same be sent down to the house of Representatives for their Concurrence 
to the sd Amendm & that Rip van Dam Esq do carry the same 

Coll Jacobus Cortlandt from the house of Rep r sentatives layd before this board a Bill to 
enable the City of New York to supply the vacancy of such Elective Magistrates &c the 
house of Representatives having Consented to the amendments made by this board. 

Ordered, the said Bill be amended accordingly by the Clark of the Councill. 

The said Jacobus Cortlandt also layd before this board a Bill for Regulating of Slaves, 
which was read the first and second time, and Comitted to this board or any three of them. 

Adjourned till three of the Clock afternoone 

Post Meridiem. 

PRESENT His Excellency EDWARD Viscount CORNBURY, 

W m SMITH, ^ CALEB HEATHCOTE, Esq r 

SA : SH : BROUGHTON, > Esq" JOHN BRIDGES Do r of Laws. 

RIP VAN DAM, ) 

Coll W m Smith Chairman of the Comittee of the Councill to whom the Bill for Regulating 
of Slaves was Comitted does report to this honoble Board that since it cannot be forseen what 
Inconveniences may happen in the putting of the Said act in Execution, the said Comittee are 
of opinion that the said Bill ought to passe only for one yeare 

Which Report being read and approved of and the Said Bill together with the amendment 
being read the third time is passed the Councill and ordered to be Carried down to the house of 
Representatives for their Concurrence to the sd amendment and that Rip van Dam Esq r carry 
the same. 

Phillip ffrench Esq r layd before this board from the house of Representatives the Bill for 
appointing and Enabling Com" to take state and Examine the ace" of the Revenue of this 
Colony and the necessary Contingent Charge of the Goverment, which was read the first and 
second time and Comitted to the Councill or any three of them. 

The Bill for Repealing severall acts of Assembly and declaring other ordinances published as 
acts of Assembly to be void was read the second time and Comitted to the members of this 
board or any three of them. 

Adjourned till nine of the Clock to morrow morning. 



At a Councill held at fort W m Henry this 27 * 9*"", 1702. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ~\ Rip VAN DAM, ) F 

SA : SHELTON BROUGHTON, > Esq" CALEB HEATHCOTE, ) 

GERRARD BEEKMAN, ) 

His Excellency layd before this board A Bill for Continuing the Revenue, and A Bill against 
forging Counterfieting and Clipping of (foreign Coine which is currant money in the Colony of 
New York, the same having been Dd to his Excellency by members of the house of Representatives 
appointed to do the same. 

The Bill for Continuing the Revenue was read the first second and third time and passed the 
Councill. 

The Bill against forging, Counterfieting &c was read the first and second time and Comitted 
to the members of this board or any three of them. 

Coll W m Smith Chairman of the Comittee of the Councill to whom the Bill against forging 
Counterfieting &c was Comitted does Report from the said Comee that the said Bill do passe 
without any amendment. 

Which Report was approved of and the said Bill read the third time and passed the Councill. 

Coll" W m Smith Chairman of the Comittee of the Councill to whom the Bill for Repealing 
severall Acts of Assembly and declaring &c was Comitted, does report from the s d Comee: 
That upon due perusall and Considcon of the severall Acts by the s d Bill repealed, we are 
humbly of opinion, that the s d Bill ought to passe without any amendm . But we do 
neverthelesse think it our duty humbly to offer to yo r Excell that by one of the said Acts 
Entituled, An Act for granting an additionall duty to her Majtie for one yeare longer there is 
granted to his then Majtie for two yeares ending in August next certain additionall Impositions 
upon sundry goods and merchandizes but that there is all [Remainder torn off . ] 

* Ordered, the Clerk of the Council do acquaint the House of Representatives, to attend his 
Excellency in Council at Fort William Henry, immediately. 

* From this to the end of this session, is added from the Assembly Journal. 



1703.] Edward Lord Viscount Cornbury, Governor. 189 

Accordingly the Speaker, with the House, attended his Excellency in Council, where 
his Excellency was pleased to give his Assent to the several Bills following, viz : 

An Act for granting unto her Majesty the sum of Two Thousand Pounds 

An Act for continuing the Revenue. 

An Act, for appointing Commissioners, to take, state, and examine, the Accounts of the 
Revenue 

An Act for Destroying of Wolves in this Colony 

An Act for continuing Process and judicial Proceedings. 

An Act, for Settling the Militia of this Province. 

An Act, for Encouragement of a Grammar Free-School in the City of New York 

An Act, for the Support and Maintenance of the Poor, in the City of New York 

An Act to Enable the City of New York to supply the Vacancy of Magistrates 

An Act for Encouraging the Post-Office 

An Act, to enable the City of New York, to defray their publick and necessary Charges. 

An Act, for regulating Slaves. 

An Act, against forging and Clipping of foreign Coins. 

An Act, for the Repealing several Acts of Assembly 

Then his Excellency adjourned the Assembly until! the first Tuesday in Aprill next, and the 
Assembly is adjourned accordingly. 



NINTH ASSEMBLY SECOND SESSIONS. 
At a Councill held at ffort Anne, this Eighth day of Aprill, 1703. 

PRESENT His Excellency EDWAED Viscount COENBUET, &c., 

W m SMITH, } RIP VAN DAM, ) 

PETEE SCHUYLER, > Esq" CALEB HEATHCOTE, > 

GEERARD BEEKMAN, ) 

Adjourned till six afternoon. 

At A Councill held at her Majties fort in Neiv York, this 13 th day of Aprill, 1703. 

Post Meridiem. 

PRESENT His Excellency EDWARD Viscount CORNBUET, &c., 

PETER SCHUYLER, } GERRARD BEEKMAN, 

SA : SH : BROUGHTON, > Esq" RIP VAN DAM, 

W m LAWRENCE, ) JOHN BRIDGES, Do r of Laws. 

His Excellency ordered the Clark of the Councill to acquaint the house of Representatives 
that he Desired their attendance Imediately Which being done, 

And the Speaker with the s d house being present in the Councill Chamber his Excellency 
sayd, 

Gentlemen, 

I am glad to see so many of you now met together, in pursuance of the Adjournment in 
November last, and I do not at all doubt, but that you came resolved to do, whatever shall be 
found necessary for the x\dvancement of the Interest, of the great Queen of England my Mistress, 
and for the Good and Welfare of your Country, which are both one ; you did in November last, 
grant a considerable Sum of Money to her Majesty, for the paying of such a Number of Men, as 
was thought necessary to be sent up to Albany, for the Defence of the Frontiers this last Winter ; 
which Service hath been performed, tho I must observe to you, that the Supplies granted for 
that Purpose, have as yet come in but very slowly ; I think it proper to acquaint you, that Two 
of the Acts passed last November, will require your further Consideration ; the First is, An Act, 
for the better settling the Militia of this Province ; the Second is, An Act, for appointing and 
enabling Commissioners, to take, state and examine, the Accounts of the Revenue, of this Colony, 
and the necessary contingent Charge of the Government : The First, contains an enacting Clause, 
which lays a Penalty of Six Pounds, upon any Person that shall be detached out of the Militia, 



190 Journal of the Legislative Council of New York. 

and shall not appear at the Time and Place appointed, and perform the Service required of him, 
to be applied to the Use of him who is a Defaulter ; this Penalty is to be recovered in the Courts 
of Pleas, which sits so seldom, that the Offenders conceive great Hopes that their Offences may 
be forgotten, before the time comes for recovering their Forfeitures ; therefore I think it would 
be convenient, that a more speedy Method may be provided for recovering the said Penalty, 
which will make Men more cautious of Offending, and will be a better Encouragement to those 
that ought to reap the Benefit of such Forfeitures. In the other Act, you have appointed 
Gentlemen very capable of Executing the Trust reposed in them, but for Want of a Power 
sufficient to compel People, to lay such Books and Papers before them, as are necessary to enable 
them, to lay before you such a Report, as you may reasonably expect from them, I fear great 
Part of their Labour may prove fruitless, therefore recommend it to you, to consider, whether it 
will not be proper, by a short Bill, to vest them with such a Power, as may enable them to 
perform the Services expected from them. Gentlemen, I must acquaint you, that since your 
Adjournment, I have received Information, that the French intend to attack this Place, by Sea 
this Summer. I think, the best Way to prevent that Design will be, to erect two Batteries of 
Guns at the Narrows, one on each Side, which, I believe, is the only Way, to make this Port 
safe; I have ordered an Estimate to be made, of what that Charge may amount to, whic.h shall 
in a few Days, be laid before you. I must likewise recommend it to the Care of you, Gentlemen, 
of the House of Representatives, to provide Funds, for carrying on the Fortifications at Albany, 
and other Places on the Frontiers, least for Want of them, the Farmers of those Parts should 
desert their Habitations, as they have formerly done. I wish, Gentlemen, you would think of 
a Bill, for the better ascertaining and preserving the Highways in this Colony ; I must again, 
recommend to you, the preparing a Bill, to prevent the distilling of Rum, and the burning of 
Oystershells into Lime, within this City ; I have great Reason to believe, that both these Things, 
did contribute very much, to the Increase of that fatal Distemper, the City was unhappily visited 
with last Summer ; I do not doubt, but several other Things will occur to your Thoughts, which 
may require the passing of wholesome Laws. I am glad of this Opportunity, to assure you, 
that you shall always find me ready to assent, to all such Bills, as shall be necessary for the 
promoting and advancing the Trade and Welfare of this Colony. 

Gentlemen, it is with a great deal of Pleasure, that I take this Opportunity to acquaint you, 
that the Arms of the Queen and her Allies, have every where in Europe, been blessed with 
great Success, and particularly at the Port of Vigo, in Spain; where her Majesty s Fleet and 
Army, have destroyed and taken fifteen Sail of capital French Ships of War, and seventeen 
Spanish Galleons, with great Riches. 

Gentlemen, I have nothing more to recommend now to you, but the Dispatch of the Business 
before you, that I may be at Liberty, to attend the Service of the Queen, in other Parts of this 
Province. 

Then the Generall assembly withdrew. 

John Abeell and Abraham Lakerman Esq from the house of Representatives Desired that 
fflorus Crow the Representative Elected for the County of Orange may take the oath appointed 
by Act of Parliament to be taken instead of the oaths of Allegiance and Supremacy and Subscribe 
the Test before this board, which was done & they withdrew. 

Adjourned till Eleaven to morrow morning. 



At a Council held at ffort Anne this 27 A day of Aprill, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, 1 CALEB HEATHCOTE, ) j, 

GERRARD BEEKMAN, > Esq" JOHN BRIDGES, ) 

RIP VAN DAM, ) 

His Excellency layd before this board a Bill to Enable tbe Justices of the Peace for the City 
and County of Albany to repaire or to rebuild a Comon Goale and City and County hall tor the 
s d City and County and to pay their arreares of their publick Charge the same having passed 
the house of Representatives and brought up and Dd to his Excellency by members thereof 
appointed by the said house for that purpose. 

This Bill was read the first time and ordered a second Reading. 

Post Meridiem. 

PRESENTIBCS Elsdem. 

Stephen Delancey and Abraham Lakerman Esq" from the house of Representatives layd 
before his Excellency in Councill A Bill to enable the Minister and Elders for the time being of 



1703.] Edward Lord Viscount Cornbury, Governor. 191 

the {French Protestant Church in the City of New York to build a larger Church for the worship 
of Almighty God in that Congregation to hold to them and their successors for ever the same 
having passed the said house. 

Which Bill was read the first time and ordered a second Reading. 

Adjourned till to morrow morning Eight of the Clock. 



At a Councill held at ffort Anne, this 28 * day of Aprill, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ^ RIP VAN DAM, } 

W m LAWRENCE, > Esq CALEB HEATHCOTE, > Esq rf 

GERRARD BEEKMAN, ) JOHN BRIDGES, ) 

The Bill to enable the Justices of the Peace for the City and County of Albany to repaire or 
to Rebuild a Comon Goale and City and County hall for the said City and County, and to pay 
their arreares of their Publick Charge, and the Bill to enable the Minister and Elders for the 
time being of the tfrench Protestant Church in the City of New York to build a larger Church 
for the worship of Almighty God in that Congregation to hold to them and their successors 
for ever was read the second time and Comitted to the members of this board or any three 
of them. 

Adjourned till to morrow morning ten of the Clock. 



At a Councill held at ffort Anne this 29 * day of Aprill, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ^ CALEB HEATHCOTE, ) -^ r , 

W m LAWRENCE, > Esq" JOHN BRIDGES, > 

RIP VAN DAM, ) 

Sampson Shelton Broughton Esq r Attorney Generall of this province Chairman of the 
Comittee of the Councill to whom the Bill to Enable the Minister and Elders for the time 
being of the ftrench protestant Church in the City of New York to build a larger Church for 
the worship of Almighty God in that Congregation to hold to them and their successors 
for ever And the Bill to Enable the Justices of the peace for the City and County of Albany 
to repair or to Rebuild a Comon Goale & City and County hall for the s d City and County 
and to pay the arrears of their publick Charge, was referred does report to this board that the 
s d Comee have gone through the s d Bills and have directed him to report the same without any 
amendment 

Which Report being read was approved of 

Ordered, the said Bills be read the third time which having been Done 

Resolved, the same do passe the Councill. 

Adjourned. 



At A Councill held at ffort Anne this fourth day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, } CALEB HEATHCOTE, 7 F 

GERRARD BEEKMAN, > Esq JOHN BRIDGES, 3 

RIP VAN DAM, ) 

His Excellency layd before this board the Bill for prohibiting the distilling of Rum and 
burning of Oyster shells into Lime within the City of New York or within half a miles distance 
of the City hall of the s d City, and the Bill for Impowering Justices of the peace to hold 
pleas of Debt and Trespasse of small value, the same having been brought to his Lordship by 
members of the house of Representatives appointed thereunto which were read the first time 
and ordered a second reading. 

Adjourned till to morrow morning. 



192 Journal of the Legislative Council of New York. [5?s3 

At a Councill held at ffort Anne in New York this 5 A day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, } CALEB HEATHCOTE, ) E 

SA : SH : BROUGHTON, > Esq JOHN BRIDGES, > 

GERRARD BEEKMAN, ) 

The Bill for prohibiting the Distilling of Rum & Burning of Oyster shells into Lime within 
the City of New York or within half a miles Distance of the City hall of the said City was 
read the second time and Comitted to the members of this board or any three of them. 

The Bill for Impowering Justices of the peace to hold pleas of Debt and Trespasse of small 
value read the second time and Comitted to the Chief Justice the Attorney Generall and second 
Justice who are hereby required to Consider of that part of the Ordinance made for Erecting 
and Establishing Courts of Judicature in this province made in the yeare 1699 relating to the 
Impowering Justices of the peace to determine Causes and Cases of Debt under 40" & prepare 
such Clauses as may answer the defects proposed to be remedied by the said Bill and lay the 
same before this board as soon as possible. 

Adjourned till to morrow morning. 



At A Councill held at ffort Anne this 1 th May, 1703. 



PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

W ra SMITH, } RIP VAN DAM, ^ 

PETER SCHUYLER, > Esq" CALEB HEATHCOTE, > Esq" 

SA : SH : BROUGHTON, ) JOHN BRIDGES, ) 

Killian van Ranslaer and John Abeel Esq" of the house of Representatives layd before his 
Excellency in Councill a Bill for taking off the duties payd on goods carried up Hudsons 
river & Setting an Equivalent for the same which was read the first time artd orderd a second 
Reading. 

Ordered, that the Com" for managing the office of Collector and Receiver Generall of this 
province do lay before this board an account of what the duties payd on such goods do amount 
unto Communibus annis, as also an Estimate of what the duty Setled by the said Bill in lieu 
thereof may amount unto and lay the same before this board as soon as possible 

Adjourned till to morrow morning 



At a Councill held at ffort Anne this Eighth day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

WILLIAM SMITH, ) ^ r . SA : SH : BROUGHTON, ) 

PETER SCHUYLER, > * RIP VAN DAM, 5 

His Excellency layd before this board a Bill for the laying out Regulating Clearing and 
preserving publick Comon highways throughout this Colony, the same having been Dd to his 
Lordship by members of the house of Representatives appointed to do the same which was 
read the first time and ordered a second reading and that the said Bill do ly in the mean time 
on the table for the members of this board to peruse. 

Adjourned till Munday morning 



At a Councill held at ffort Anne this 11 * day of May, 1703. Post Meridiem. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, } W m LAWRENCE, ) Eg 

PETER SCHUYLER, > Esq" GERHARD BEEKMAN, > 

SA : SH : BROUGHTON, ) 

The Bill for laying out Regulating Cleering and preserving publick Comon highways 
throughout this Colony was read the second time and Referred to the Councill or any three of 
them. 



-ra Vtu.FfV 

1703.J Edward Lord Viscount Cornbury, Governor. 193 






At a Councitt held at fort Anne this 13 * day of May, 1703r 

, &c.,X^ 



PRESENT His Excellency EDWARD Viscount CORNBURY 

W m SMITH, } W m LAWRENCE, ~) 

PETER SCHUYLER, > Esq" GERHARD BEEKMAN, > Esq" 

SA: SH: BROUGHTON, ) CALEB HEATHCOTE, ) 

His Excellency layd before the board a Bill for the better Explaining and effectuall putting 
in Execution An Act of General! assembly Intituled, An Act for defraying of the publick and 
necessary Charge throughout this province and for mainteining the Poor and preventing 
Vagabonds the same having been Dd to him by members of the house of Representatives 
appointed thereunto, which was read the first time and ordered a second Reading. 
Bayard & The petition of Coll Nicholas Bayard and Alderman John Hutchins was read and 
Hmchins g ran t e( j an( j 

Ordered, that the Attorney General! do prepare a Bill as desired. 
Adjourned till to morrow morning 



At a Councill held at ffort Anne this fourteenth day of May, 1703. 

PRESENT Hi* Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ~) W m LAWRENCE, } 

PETER SCHUYLER, > Esq" RIP VAN DAM, > Esq" 

SA: SH: BROUGHTON, ) CALEB HEATHCOTE, ) 

Whereas there has been dispersed in this province very lately Several! prints from England 
Atwood a Intituled, The Case of William Atwood Esq r late Chief Justice of this province 4 Judge 
cae O j- (he y lce Admiralty, Conteyning severall false Scandalous malitious and notorious 
untruths with unjust Reflexions on the persons in the present Admicon of this goverment and 
a great number of the Chief & principall Inhabitants of this province Contrived on purpose as 
is supposed to Inflame those differences and divisions which his male admicon greatly 
Incouraged and Countenanced in this province, as also some other papers and petitions 
notoriously false and signed by severall persons in this Colony And Whereas the Generall 
assembly of this s d Colony happens now to be in Convention The Gents of her Majties 
Councill do humbly pray of his Excellency the Governor that the said Case together with such 
other papers as have Relation thereunto may from this board be Recomended to the house of 
Representatives and that they may be desired to take the same into due Considcon, that the 
manifold falsehoods therein may be detected and made manifest by such wayes and meanes as 
they shall think most agreeable to Justice. 

His Excellency is pleased to Concurr with the Gents of the Councill therein and to give 
them leave to lay the same before the said house of Representatives, and Rip van Dam Esq r is 
hereby Desired to Carry the same to the s d house 

Adjourned till Munday morning 



At a Councill held at ffort Anne, this 17 * day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, } RIP VAN DAM, ) j, r , 

PETER SCHUYLER, > Esq" JOHN BRIDGES, > 

SA : SH : BROUGHTON, ) 

Ordered, that Coll Peter Schuyler, Rip van Dam and John Bridges Esq" be a Comittee of 
this board to meet the Comittee appointed by the house of Representatives to Consider of the 
print and papers transmitted from his Excellency and Councill the 14 Ih Instant to the s d house. 
The said house of Representatives having sent a Message to this board by M r De Lancy and M r 
Renslaer Desiring the same. 

Adjourned till to morrow morning. 



25 



194 Journal of the Legislative Council of New York. 



At a Councill held at ffort Anne, this 18 * day of May, 1703. 



PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

W m SMITH, } RIP VAN DAM, E , 

PETER SCHUTLER, > Esq JOHN BRIDGES, 

SA : SH : BROUGHTON, ) 



Henry Beekman and William Willet Esq" from the house of Representatives layd before his 
Excellency in Councill the Bill for the Better and more speedy Recovery of the forfieture of six 
pounds for persons not appearing upon detachments & performing the service required according 
to the purport of An Act of gen 11 Assembly of this Colony made in the first year of her Majties 
reigne Entituled An Act for the better Setling the Militia of this Province &c. 

Which was read the first time and ordered a second Reading. 

His Excellency layd before this board A Bill for the better Explaining one Act of assembly 
Entituled, An Act to enable the respective towns within this province to build and repaire their 
meeting houses and other publick buildings and also to enable the several! Counties of Richmond 
and Westchester to erect Comon Gooales and other publick buildings for the service of the s 1 
Counties. 

W ch was read the first time and ordered to lye on the table to be perused by the Gents of the 
Councill. 

A 13, ii Intituled, An Act declaring the Illegality of the proceedings against Coll" Nicholas 
Bayard and Alderman John Hutchins for pretended High Treason was prepared and layd before 
this board by the Att Gen" according to the order of the 13 th Instant, and read the first and 
second time and Comitted to the Councill or any three of them. 

Adjourned till to morrow morning nine of the Clock. 



At A Councill held at ffort Anne, this 19 A day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

W m SMITH, } RIP VAN DAM, Esq r , 

PETER SCHUTLER, > Esq JOHN BRIDGES, Do r of Laws. 

SA : SH : BROUGHTON, ) 

Coll W m Smith Chairman of the Comittee of the Councill to whom the Bill Intituled An Act 
declaring the Illegality of the proceedings against Coll Nicholas Bayard and Alderman John 
Hutchins for pretended High Treason was Comitted Reported from the s d Comittee That these 
words [and for Reversing and making null and voyd the said Judgments and all proceedings 
thereon] ought to be Inserted after the word [Treason] in the end of the title of the said Bill 
and that then the said Bill do passe her Majties Councill. 

Which Report was read and approved of and 

Ordered, yt the Clark of the Councill do amend the same accordingly which being done & the 
said Bill being read the Third time 

Resolved, the same do passe the Councill, and be sent down to the house of Representatives 
for their Concurrence, and Do r Bridges desired to carry the same. 

The Bill for the better and more speedy Recovery of the flbrfieture of six pounds for persons 
not appearing upon detachments and performing the service required according to the purport 
of An Act of Generall assembly of this Colony made in the first yeare of her Majties Reigne 
Intituled, An Act for the better setling the Militia of this province was read the second time 
and Comitted to the members of this board or any three of them. 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne, this 20 th day of May, 1703. 

PRESENT His Excellency EDW D Viscount CORNBURT, &c., 

PETER SCHUTLER, ) p r , JOHN BRIDGES, Do r of Laws, 

SA : SH : BROUGHTON, > 

The Gentlemen of her Majties Councill do humbly offer unto his Excellency that a Message 
may be sent from this board to the house of Representatives desiring their Concurrence with the 
members of this board in forming and signing an Addresse to her Most sacred Majtie 
Congratulating the late glorious successe of her Majties arms both by Sea and Land. 



1703.] Edward Lord Viscount Cornbury, Governor. 195 

Which his Excellency agreed to. 

Ordered, that the Attorney Generall do carry the said Message. 

Adjourned till to morrow morning. 

21 th May 1703 Adjourned till to morrow morning. 



At a Coundll held at ffort Anne, this two and twentieth day of May, 1703. 

PEESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ^ RIP VAN DAM, Esq r , 

W m LAWRENCE, > Esq r JOHN BRIDGES, Do r of Laws. 

GERRARD BEEKMAN, ) 

His Excellency layd before the board the Bill Intituled, An Act Declaring the Illegality of the 
proceedings against Coll Nicholas Bayard and Alderman John Hutchins for pretended High 
Treason and for reversing and making null and voyd the said Judgments and all proceedings 
thereon the same having been Dd to him by members of the house of Representatives appointed 
thereunto, they having passed the same without any amendment. 

His Excellency also layd before the board the Bill Intituled, An Act for the better 
Establishment of the Mainteinance for the Minister of the City of New York the same having 
been delivered to him by members of the house of Representatives appointed thereunto which 
was read the first time and ordered a second Reading. 

The Gentlemen of her Majties Councill do humbly offerr to his Excellency if it will not be 
proper and necessary in an Addresse humbly to represent to her Majtie the great hardshipps 
this poor province hath laboured under during the late warr and how utterly Impossible it will 
be for the same to support and defray soe great a Charge as must necessarily arise for the building, 
erecting and Repairing such fortifications as will be Inevitably necessary for the safety and 
defence not only of this province but of all her Majties other Territories in North America 
especially when it comes to be Considered that through the great neglect ill managment and 
misapplication of the Revenue here by those who lately exercised the power of government in 
this province, the fortifications on the frontiers have been totally decayed and Ruined and her 
Majties revenue here under a very Considerable debt that our trade and people as well as 
her Majties Revenue arising by Custome here are also very much diminished by the Charter and 
proprietary goverments Coutigious to this where the Crown hath no Revenue, nor is the trade 
burdened with any Imposition and where such as desert her Majties service as well of her Majties 
standing forces here as detachments made in this province are Entertained harboured Concealed 
Imployed and protected and from whence sundry goods in small parcells are divers times Imported 
into this province Contrary to the severall Acts of trade. That in Consideration thereof her 
M.ijtie will be graciously pleased to succour this province out of her revenue in England and 
that such money as his late iMajtie of Blessed Memory was pleased to direct should be payd out 
of his Treasury at home for carrying on the said fortifications may be allowed and payd as was 
thereby directed, and that since we are very sensible what little dependence there is to be had 
upon the Quotas of the severall adjacent Colonies according to his late Majties order as is aforesaid 
they having Generally Excused and evaded the payment thereof for such reasons as they have 
from time to time suggested that her Majtie will Intend her Compassion of the great danger to 
which this province is Exposed and be pleased to give such effectuall direccons therein that the 
said adjacent Colonies may be obliged to Comply therewith, or otherwise as her Majtie in her 
great wisdom and wonted Clemency shall think fitt, that his Excellency be humbly prayed to 
lay the same before her Mujtie and that he will be also pleased so effectually to represent the 
matter to her said Majtie and the goverment at home that this poor province may find relief 
thereby. 

Which his Excellency agreed to. 

Ordered, that a Message be sent from this board to the house of Representatives desiring 
their Concurrence with the members of this board in forming and signing the s d addresse and 
that the Attorney Generall do carry the said Message. 

Adjourned till Munday morning. 

24 lh May 1703. Adjourned till to morrow morning. 



196 Journal of the Legislative Council of New York. [2? IS: 

At a Councill held at ffort Anne this five and twentieth day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

PETER SCHUYLER, ~~\ RIP VAN DAM, ) j, 

SA : Sn : BROUGHTON,( j, CALEB EEATHCOTE, > 

W m LAWRENCE, JOHN BRIDGES, Do r of Laws. 

GERHARD BEEKMAN, ) 

Ordered, that Sampson Shelton Broughton, Caleb Heathcote Esq" and John Bridges Do r of 
Laws be a Comittee of this board to meet a Comittee appointed by the house of Representatives 
to prepare an Addresse to her Most Sacred Majestic Congratulating the late glorious successe of 
her Majties arms both by Sea and Land, and ordered, that W m Lawrence Esq r do carry the said 
message; Thomas Garton & John Jackson Esq" from the house of Representatives having 
acquainted his Excellency that the s d house had appointed a Comee for that purpose on the 
message sent to them by this board on the 20 lb Instant. 

The Resolve of the Comittee of the house of Representatives on the Pamphlett stiled Atwoods 
Case, Referred to the Councill or any three of them. 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne this 26 * day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } RIP VAN DAM, > Esa 

SA : SH : BROUGHTON, > Esq CALEB HEATHCOTE, ) 

W m LAWRENCE, ) 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill for the laying out Regulating Clearing and preserving publick Comon highways throughout 
this Colony was Referred Reported to his Excellency in Councill that the said Comittee are of 
opinion that there are some deficiencies in the same but in Regard the defects thereof will the 
better appeare on the Report of the Com" thereby appointed after they have made some 
progresse therein they are humbly of opinion that the said Bill ought to passe without any 
Amendment. 

The said Report being read was approved of and ordered that the said Bill be read the third 
time. 

The Bill Intituled, An Act for the better Establishm 1 of the mainteinance of the Minister of 
the City of New York was read the second time and Comitted to the members of this board or 
any three of them. 

The Bill Intituled, An Act for the better Explaining and effectual! putting in Execution An 
Act of Generall Assembly Entituled, An Act for defraying of the publick and necessary Charge 
throughout this province and for mainteining the Poor and preventing Vagabonds was read the 
second time and Comitted to the members of this board or any three of them 

Adjourned till to morrow morning. 

27 th May 1703 Adjourned till four of the Clock afternoon. 



At a Councill held at ffort Anne this seaven and twentieth day of May, 1703. 

PRESENT Hit Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ) RIP VAN DAM, ) 



SA : SH : BROUGHTON, ^> Esq" CALEB HEATHCOTE, ) 

GERRARD BEEKMAN, 

The Speaker attended by the whole house of Representatives Dd an Addresse from them to 
his Excellency this day in Council]. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill for prohibiting the .Distilling of Rum and Burning of Oyster shells into Lime within 
the City of New York or within half a miles distance of the City hall of the said City was 
Comitted humbly Reported to his Excellency in Councill that they had gone through the s d 
Bill and made some amendments. 

Which were read and agreed to by this board, then the said Bill was read the third time 
with the amendments. 



1703.] Edward Lord Viscount Cornbury, Governor. 197 

Resolved, the same do passe the Councill and be sent down to the house of Representatives 
for their Concurrence to the said amendments, and the Attorny Generall desired to carry the 
same 

The Bill for laying out Regulating Clearing and preserving publick Comon highways 
throughout this Colony was read the third time 

Resolved, the same do passe the Councill without any Amendment. 

Adjourned till to morrow morning. 

2S lh May 1703. Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York this 31 A day of May, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, <tc., 

PETER SCHDYLER, ) -^ rs RIP VAX DAM, Esq r 

SA : SH : BROUGHTON, ) S( * JOHN BRIDGES, Do r of Laws. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill Intituled, An Act for the better and more speedy Recovery of the forfieture of six pounds 
for persons not appearing upon detachments and performing the service required according to 
the purport of an act of Generall assembly of this Colony made in the first yeare of her 
Majties reigne Intituled, An Act for the better Setling the militia of this province &c was 
Comitted humbly Reported from the said Comittee that the said Bill do passe without any 
amendment. 

Which report was read and approved of and 

Ordered, the said Bill be read the third time. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill Intituled, An Act for the better Explaining and effectuall putting in Execution An Act of 
Generall assembly Intituled, An Act for defraying of the publick necessary Charge throughout 
this province and for mainteining the Poor and preventing Vagabonds was Comitted, humbly 
Reported to his Excellency in Councill from the said Comittee as follows vizt 

That they had gone through the said Bill and made some amendments. Which were read & 
agreed to by this board. 

Ordered, the said Bill together with the Amendm" be read the third time. 

The Bill Intituled, An Act for vesting and Setling the Estate of David Briggs late of 
South-hampton in the County of Suffolk pursuant to a deed of Settlement made by the said 
David Briggs according to the true intent and meaning of the said David Briggs Expresst in 
the said deed of Settlement being layd before this board by Myndert Schuyler Esq r from the 
house of Representatives the same was read the first time and ordered a second reading. 

Coll Henry Beekrnan from the house of Representatives acquainted his Excellency in 
Councill that the said house have agreed to the amendments in the Bill for the prohibiting the 
Distilling of Ruin and Burning of Oyster Shells into Lime, within the City of New York or 
within half a miles distance of the City hall of the sd City sent down to them from this board 
the 27 lh Instant 

Ordtrcd, that the Clark of the Councill do amend the same accordingly. 

The Chief Justice the Attorney Generall and second Justice of this province this day 
Reported to his Excellency in Councill that in obedience to the* order of this board of the fifth 
Instant they had perused and Considered of the Bill Intituled, An Act Impowering Justices of 
the peace to hold pleas of Debt and Trespasse of small value and are humbly of opinion that 
his Excellency by his Letters patents being Impowered with the advice and consent of her 
majties Councill to Erect Constitute and Establish such and so many Courts of Judicature and 
publick Justice within this province as he and they shall think fitt and necessary for the hearing 
and determining of all Causes as well Criminall as Civill according to Law and Equity and for 
awarding of execution thereupon with all reasonable and necessary powers ffees & priviledges 
belonging unto them and the Courts of Judicature which now are in this province having been 
Established by ordinance of the Gov r in Councill for the time being the defects proposed to be 
remedied by the said bill are most properly to be done by his Excellency in Councill. 

Which report being read was approved of. 

Adjourned till to morrow morning. 



198 Journal of the Legislative Council of New York. 






At a Councill held at ffort Anne in New York this first day of June, 1703. 

PRESENT His Excdlcncy EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ^ RIP VAN DAM, Esq r 

W m LAWRENCE, > Esq" JOHN BRIDGES, Do r of Laws. 

GERHARD BEEKMAN, ) 



The Bill Intituled, An Act for the Better and more Speedy Recovery of the forfieture of six 
pounds for persons not appearing upon detachments and performing the service required 
according to the purport of An Act of Generall Assembly of this Colony made in the first 
yeare of her Majties Reigne Entituled, An Act for the better setling the militia of this province 
&c Was read the third time. 

Resolved, the said Bill do passe the Councill and that Rip van Dam Esq r do acquaint the 
house of Representatives that the same is passed without any amendment. 

The Bill Intituled, An Act for the better Explaining & more effectuall putting in Execution 
An Act of Generall Assembly Entituled, An Act for defraying of the publick and necessary 
Charge throughout this province & for mainteining the Poor and preventing vagabonds was read 
the third time together with the amendments 

Resolved, the said Bill with the amendments do passe the Councill and that Rip van Dam 
Esq r do carry the same to the house of Representatives for their Concurrence to the said 
amendments 

The Bill Intituled, An Act for vesting and Setling the Estate of David Briggs late of 
Southampton in the County of Suffolk pursuant to a deed of settlement made by the said David 
Briggs according to the true Intent and meaning of the said David Briggs Expressed in the said 
Deed of Settlement was read the second time and Comitted to the members of this board or 
any three of them; and the said Comittee is hereby appointed to send for persons papers and 
Records. 

The Bill Intituled, An Act for taking off the duties paid on Goods carried up Hudsons river 
and setling an Equivalent for the same read the second time and Comitted to the members of 
this board or any three of them. 

On further consideration of the Report of the Chief Justice the Attorny Generall and the 
second Justice of this province made yesterday to the board on the Bill Intituled, An Act 
Impowering Justices of the peace to hold pleas of Debt and Trespasse of small value 

Ordered, that it be referred back to the said persons to prepare such an ordinance as will 
supply the defects proposed to be remedied by the said Bill, and lay the same before this board, 
and 

Ordered, that the Secretary of the province do lay before the said Comittee the Ordinance 
made in the yeare 1G99 by the then Governor and Councill for that purpose 

Sampson Shelton Broughton Esq r took his place at the Board. 

Ordered, that Sampson Shelton Broughton, Rip van Dam, Caleb Heathcote Esq" and John 
Bridges Doctor of Laws or any three of them be a Comittee of this board to meet the Comittee 
of the house of Representatives to prepare an Addresse to her Most Sacred Majtie according to 
the message sent down from this board to the said house on the 22 th May last 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York this second day of June, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ^ GERRARD BEEKMAN, } 

SA : SH : BROUGHTON, > Esq" RIP VAN DAM, > Esq" 

W m LAWRENCE, ) CALEB HEATHCOTE, ) 

The Bill Intituled, An Act for the better Explaining and effectuall putting in Execution An 
Act of Generall assembly Intituled, An Act for defraying of the publick and necessary Charge 
throughout this province and for mainteining the Poor and preventing vagabonds was layd before 
his Excellency this day in Councill the house of Representatives having Consented to the 
amendments made thereto by the Councill 

Ordered, that the Clark of the Councill do amend the same accordingly. 

His Excellency layd before this board the Bill Intituled, An Act to Supply the Defects of An 
Act of Generall Assembly made in the first yeare of her present Majties Reigne Intituled, An 
Act for appointing and Enabling Com" to take state and Examine the accounts of the Revenue 
of this Colony, and the necessary Contingent Charge of the Goverment as also the Bill for 
Raising ,1500 towards erecting two batteries at the Narrows, the same having been Dd to him 



1703.] Edward Lord Viscount Corribury, Governor. 199 

by members of the house of Representatives appointed to do the same, which was read the Erst 
time and ordered a second reading. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the Bill 
Intituled, An Act for the better Establishment of a maintenance for the Minister of the City of 
New York was Comitted does humbly Report from the Said Comittee that they have gone 
through the said Bill and have directed him to Report to this board that the same do passe 
without any amendment. 

Which Report was read at the board and approved of and the said Bill being read the third 
time 

Resolved, the said Bill do passe the Councill. 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York, this third day of June, 1703. 

PRESENT His Excellency EDWAED Viscount CORNBUET, &c., 

PETEE SCHUYLER, ^) GERRARD BEEKMAN, ) 

SA : SH : BROUGHTON, > Esq" CALEB HEATHCOTE, ) 

W m LAWRENCE, ) 

Thomas "Willet and Abraham Lakeman Esq" from the house of Representatives layd before 
this board The Bill Intituled An Act for the better Regulating flees which was read the first 
time. 

Rip van Dam Esq r and John Bridges Do r of Laws took their places at this board 

The Bill Intituled, An Act for the better Explaining one Act of Assembly Intituled, An Act 
to enable the Respective towns within this province to build and repair their Meeting Houses 
and other publick buildings, & also to enable the severall Counties of Richmond and Weslchester 
to erect Comon Goales and other publick buildings for the service of the said Counties was read 
the second time and Comitted to the Councill or any three of them. 

The Bill for raising fifteen hundred pounds towards Erecting two Batteries at the Narrows 
was read the second time and Comitted to the Councill or any three of them. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the Bill 
Intituled, An Act for resting and setling the Estate of David Bripgs late of South hampton in 
the County of Suffolk pursuant to a deed of settlement made by the said David Briggs according 
to the true Intent and Meaning of the said David Briggs Expressed in the said deed of Settlement 
was Comitted humbly Reported from the said Comittee that they have gone through the said 
Bill and have directed him to Report to this board that in Regard it does not appeare (tho the 
said David Briggs did not leave issue of his body) but that he might leave an heir at Law to 
whom the Lands and Tenements in the said Bill mentioned to be Conveyed might legally 
descend by reason of the Imperfeccons of the said Conveyance. 

Wee are therefore humbly of opinion that the passing the said Bill be for some time stayed 
least the passing thereof should prove prejudiciall to those whome the act of God has 
favoured. 

The Bill Intituled, An Act to supply the defects of An Act of Generall Assembly made in the 
first yeare of her present Majties Reigne Intituled, An Act for appointing and Enabling Com" to 
take, State and Examine the accounts of the Revenue of this Colony and the necessary Charge 
of the Goverment was read the second time and Comitted to the members of this board or any 
three of them. 

Adjourned till to morrow morning. 

4 lh June 1703 Adjourned till to morrow morning. 

5 lh June 1703 Adjourned till Munday morning. 

7 th June 1703 Adjourned till to morrow morning. 

8 lh June 1703 Adjourned till to morrow morning. 



200 Journal of the Legislative Council of New York. 



At a Councill held at ffort Anne in New York this ninth day of June, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ^ GERRARD BEEKMAN, ) F rs 

SA : SH : BROUGHTON, > Esq CALEB HEATIICOTE, 3 s ^ 

W m LAWRENCE, ) JOHN BRIDGES, Do r of Laws. 

An Addresse from the house of Representatives to his Excellency was layd before this board 
by Killian van Ranslaer and Mathevv Howell Esq and read praying a warrant may issue for 
payment of 36 : 13s. OOd out of the revenues to the Com" for Executing the office of Collector 
and Receiver Generall for the attendance and service of the Clark and necessary Expenses of 
the Com" appointed for taking, stating and Examining the publick accounts of the Revenue 
of this Colony and the necessary Contingent Charge of the Government in discharging the 
trust reposed in thejn 

Ordered, a warrant be prepared accordingly 

His Excellency layd before the board the Addresse of the house of Representatives for 
paym of 20 to one Richard Greener the same having been Dd to him by Stephen De Lancy 
aad Henry Beekman Esq which was read and ordered to ly on the table. 

The Report of the Gentl of the Councill to whome the Bill for raising ,1500 towards 
erecting two Batteries at the Narrows was referred being read this day at the board the said is 
Disapproved of and 

Otdercd, that it be Rereferred to the said Comittee with direccons Instead of the Clauses for 
appointing and Impowering a Treasurer to receive and pay the money Collected by virtue of 
the s d act and giving him an allowance of 12 d in the pound for his soe doing a Clause be Inserted 
ordering the paym of the s d moneys to the Com" for managing the office of Collector and 
Receiver Generall or the Collector and Receiver Generall of this province for the time being 
who shall be obliged to keep a Seperate ace of the receipts & payments of the moneys raised 
by the s d act from all other moneyes whatsoever. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill Intituled, An Act to supply the defects of an act of the Generall assembly made in the first 
yeare of her present majties Reigne Entituled, An Act for appointing and enabling Comissioners 
to take, state and Examine the accounts of the revenue of this Colony and the necessary 
Contingent Charge of the Government was Comitted does humbly report from the said Comittee 
that they have gone through the said Bill and have directed him to report to this honoble 
board that the same do passe without any Amendment. 

Which report being read was approved of. 

This board having Reced Information that severall of the taxes formerly raised in this 
province are not Collected and payd according to the directions of the severall acts by virtue of 
which the same ought to have been payd by meanes whereof severall persons who have done 
services for and advanced moneyes to this goverment on account of the said taxes are still 
unsatisfied 

Ordered, that a Message be sent to the house of Representatives desiring them to prepare a 
Bill of Review of all the said former taxes that remaine unpayd and Coll Heathcote is hereby 
desired to carry the s d message 

Ordered, that the Attorny Generall do prepare a Bill to oblige the Handlers at Albany who 
trade with the Indians to take out Licenses to retaile Strong Liquors, or that otherwise they 
shall be obliged to desist from trading with them. 

Adjourned till to morrow morning 



At a Councill held at ffort Anne in New York this tenth day of June, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, 

PETER SCHUYLER, ) GERRARD BEEKMAN, ) ^ 

SA : SH : BROUGHTON, > Esq" CALEB HEATHCOTE, ) SC ^ 

W m LAWRENCE, ) JOHN BRIDGES, Do r of Laws. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill for Raising ,1500 towards erecting two batteries at the Narrows was Comitted Reported 
to this honoble board that the said Comittee have gone through the said Bill and have made 
severall amendments which were read and approved of, And the said Bill together with the 
amendments was read the third time and passed the Councill, and 

Ordered, that the same be sent down to the house of Representatives for their Concurrence 
thereunto and M r Attorney Generall is hereby Desired to carry the same. 



1703.] Edward Lord Viscount Cornbury, Governor. 201 

The Gents of the Councill desire a Conferrence with the Gents of the house of Representatives 
at five of the Clock this afternoon at the widdow Schuylers house in New York on the Subject 
matter of the Bill Intituled, An Act for taking off the Duties payd on goods carried up Hudsons 
River and selling an Equivalent for the same, And 

Ordered, that the Attorney Generall do carry the said message. 

Ordered, that Peter Schuyler, Sampson Shelton Broughton, W m Lawrence, Gerrard Beekman, 
Caleb Heathcote Esq" and John Bridges Doctor of Laws or any three of them be the managers 
of the said Conferrence 

The Bill Intituled, An Act to Supply the Defects of An Act of Generall assembly made in 
the first yearc of her present Majties reigne Entituled, An Act for appointing and Enabling 
Com" to take, state and Examine the accounts of the Revenue of this Colony and the necessary 
Contingent Charge of the Goverment was read the third time 

Resolved, the said Bill do passe the Councill. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill for the Better Explaining one Act of assembly Intituled, An Act to enable the Respective 
towns within this province to build or repair their meeting houses and other publick buildings 
and also to enable the severall Counties of Richmond and Westchester to Erect Comon 
Goales and other publick buildings for the service of the said Counties was Comitted Reported 
to this honoble board that the said Comittee have gone through the said Bill and have made 
severall amendments, which were read and approved of And the said Bill together with the 
amendments was read the third time and passed the Councill and 

Ordered, that the same be sent down to the house of Representatives for their Concurrence 
thereunto, and the Attorny Generall is hereby desired to carry the same. 

Phillip ffrench and Mathew Howell Esq" brought a Message from the house of Representatives 
acquainting this board that the said house on Considcon of the message from his Excellency 
and Councill sent yesterday to them by Coll Heathcote do humbly request that an account of 
those severall persons who have done services and advanced moneys to this goverment, the sumes 
of money unpayd, and on the creditt of what taxes in particular may be layd before them that 
they may be the better enabled to proceed in that matter. 

The Gents of the Councill on Considcon of the message from the house of Representatives 
brought by M r ffrench and Coll Howell 

licsolced, that Coll" Heathcote do acquaint the s d house that the reasons that Induced the 
Gents of the Councill to send the former Message proceeded from divers Complaints from persons 
who have well payd the taxes layd upon them by former acts of assembly and are mightily 
discouraged from soe doing for the future by seeing their neighbours Escape by not having 
Complyed with the acts as they have done which they think very much tends to the diservice 
of the Crown and the safety of the Countrey for which reasons they are still of opinion that such 
a Bill will be of absolute necessity and that by their former message they had no regard how 
the moneys that might arise by such a Bill of Review should be applyed thinking the most 
proper time to do that would be when they see what effect such a Bill would have. 

Evert Banker and John Stillwell Esq" from the house of Representatives layd before this 
board the Bill Intituled, An Act to ascertain the Assize of Casks, Weights, Measures and Bricks 
within this Colony which was read the first time and ordered a second Reading 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York this Eleaventh day of June, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } RIP VAN DAM, 7 j, _ 

SA: SH: BROUGHTON, >Esq" CALEB HEATHCOTE, > 

W ra LAWRENCE, ) 

The petition of John Parker of the town of Southampton was read and 

Ordered, that the Petitioner be heard by his Councill to morrow morning nine of the 
Clock. 

The Bill Intituled, An Act to Ascertain the Assize of Casks, weights, Measures and Bricks 
within this Colony was read the second time and Comitted to the members of this board or any 
three of them. 

Adjourned till to morrow morning. 



26 



202 Journal of the Legislative Council of New York. 



At a Councill held at ffort Anne in New York, this twelfth day of June, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHDYLER, ) RIP VAN DAM, ) 

SA: SH: BEOUGHTON, > Esq CALEB HEATIICOTE, > 

W m LAWRENCE, ) JOHN BRIDGES, Do r of Laws. 

Major Daniell Whithead brought a Message from the house of Representatives desiring a 
Conference on the subject matter of the amendments to the \ 500 Bill This board having 
Considered of the Message brought to them by Major Whithead desiring a Conference on the 
subject matter of the Amendments to the 1500, Bill do agree to the said Conference and do 
appoint the same to be held Lnediately at Sheppards and M r Attorny Generall desired to 
acquaint the house of Representatives therewith. 

Ordered, that the members of this board or any three of them be the managers of the s a 
Conference. 

Coll Peter Schuyler Chairman of the Comittee of the Councill to whom the Bill Entituled, 
An Act to Ascertain the Assize of Casks, Weights, Measures and Bricks within this Colony was 
Comitted humbly reported to his Excellency in Councill that the said Comittee have gone 
through the said Bill and have made severall amendments thereto, which were read and 
approved. 

Ordered, that the said Bill be read the third time. 

M r Emott appeared before this board on the behalfe of John Parker according to the order 
made yesterday for that purpose. 

The said matter is referred till Munday morning next. 

Adjourned till Munday morning. 

14 th June 1703 Adjourned till to morrow. 



At a Councitl held at ffort Anne in New York, this 15 * day of June, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } RIP VAN DAM, ) E 

SA: SH: BROUGUTON, > Esq" CALEB HEATHCOTE, > 

GERRARD BEEKMAN, ) 

The Bill to ascertain the assize of Casks, Weights, Measures and Bricks within this Colony 
was read the third time together with the amendments and passed the Councill and ordered to 
be carried down to the house of Representatives for their Concurrence to the said amendments 
and Coll Peter Schuyler is Desired to carry the same. 

M r Emott according to order appeared before this board and was heard on the petition of John 
Parker against passing the Bill Intituled, An Act for vesting and Celling the Estate of David 
Briggs late of Southampton in the County of Suffolk pursuant to a deed of Settlem made by 
the said David Briggs according to the intent and meaning of the sd David Briggs Express t in 
the said Deed of Settlement. 

M r Birkley also was heard his reasons for passing the same. 

Ordered, the said matter be referred to further Consideration. 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York, this 16" day of June, 1703. 

PRESENT His Excellency EDWARD Viscount CORXBURY, &c., 

PETER SCHUYLER, ) RIP VAN DAM, ) -p ra 

SA: SH: BROUGHTON, > Esq" CALEB HEATHCOTE, ) 

GERRARD BEEKMAN, ) 

Cornelius Sebering and Joseph Purdy Esq" from the house of Representatives layd before this 
board the Bill for Raising ,1500 towards erecting two Batteries at the Narrows and the Bill 
Intituled, An Act to Ascertain the Assize of Casks, Weights, Measures and Bricks within this 
Colony, the said house having made some amendments to the amendments made by this board 
to the said Bills. Which were read at the board and agreed to. 



1703.] Edward Lord Viscount Cornbury, Governor. 203 

Ordered, that the Cl of the Councill doe amend the same accordingly. 

His Excellency and the members of this board present signed the Ingrossed Addresse to her 
Majtie Congratulating the late glorious successe of her Majties arms both by Sea and Land. 

Ordered, that a Message be sent to the house of Representatives acquainting them that this 
board have agreed to the amendments made to the amendments in the Bill for raising .1500 
towards erecting two Batteries at the narrows and the Bill to ascertain the Assize of Casks, 
Weights, Measures and Bricks within this Colony and 

Ordered, that Coll Heathcote do carry the said Message as also the Addresse to her Majtie 
Congratulating the late glorious successe of her Majties arms. 

Killian van Ranslaer and Thomas Coddrington Esq" from the house of Representatives 
brought a Message desiring to know his Excellencies pleasure when he will be attended by 
them with the Addresse. 

His Excellency told them to morrow morning. 

Adjourned till to morrow morning 



At a Councill held at ffort Anne in New York this Seventeenth day of June, 1703. 
PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 



PETER SCHCYLER, ~) RIP VAN DAM, 

>Esq r 



SA : SH : BROUGHTON, f -^ r , CALEB HEATHCOTE, > ^" 

W m LAWRENCE. ( JOHN BRIDGES, Do r of Laws. 

GERRARD BEEKMAN, 



His Excellency layd before the board the Addresse to her Majtie setting forth the present 
State and Condition of this province prepared by the Comittees of the Councill and Generall 
Assembly appointed thereunto, the same having been sent up from the Assembly with some 
amendm" to which this board agreed 

Ordered, that the Clerk of the Councill do amend the same, which when done 

Ordered, that the same be Ingrossed against to morrow morning. 

The Speaker with the whole house of Representatives attended his Excellency this day in 
Councill with the humble Addresss of the s d house to his Lordship which was read by the 
Speaker & dd by him to his Excellency 

Cornelius Sebering Esq r from the house of Representatives Returned the Addresse to her 
Majtie to this board sent down to them yesterday by Coll" Heathcote the whole house having 
signed the same. 

W m Lawrence Esq r and John Bridges Do r of Laws signed the same 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York this 18 * day of June, 1703. 

PRESENT His Excellency EDWARD, Viscount CORNBURY, &c., 

PETER SCHUYLER, ) RIP VAN DAM, ) -p 



4 



SA: SH: BROUGHTON, ^Esq" CALEB HEATHCOTE, 3 

W m LAWRENCE, 

A Bill for the better enabling the ffarmers of the Excise within the City of Albany to 
Collect their Excise and to prevent frauds therein having been prepared by the Attorny 
Generall was layd before this board and read the first and second time and Comitted to the 
members of this board or any three of them. 

His Excellency layd before this board the Bill to oblige persons to pay their arreares of one 
thousand pounds tax granted by act of Generall Assembly of this province in the twelfth yeare 
of the Reigue of our late Soveraigne King W ra the third for building a fort at Onnondaga for 
the Security of the five nations of Indians, the same having been Dd to his Excellency by 
members of the Generall assembly appointed thereunto, which was read the first and second 
time and Comitted to the Members of this board or any three of them. 

Coll" Caleb Heathcote Chairman of the Comittee of the Councill to whome the Bill Intituled, 
An Act for the better enabling the ffarmers of the Excise within the City of Albany to Collect 
their Excise and to prevent frauds therein humbly reported to his Excellency in Councill from 
the Said Comittee that they have gone through the Said Bill and have made some amendments 
thereto. Which were read and approved of, and ordered to be inserted therein by the Clark of 
the Councill. Which being done 



204 Journal of the Legislative Council of New York. [ nf |^- 

The said Bill was read the third time and passed the Councill and ordered to be sent down 
to the Generall assembly for their Concurrence, and Coll Heathcote is hereby Desired to 
carry the Same 

Coll" Peter Schuyler Chairman of the Comittee of the Councill to whome the Bill Intituled, 
An Act to oblige persons to pay their arreares of one thousand pounds tax granted by Act of 
Generall assembly of this province in the twelfth yeare of the reigne of our late Soveraigne 
King W m the third for building a fort at Onnondaga for the Security of the ffive nations of 
Indians Reported to his Excellency in Councill that the s d Comittee have gone through the s d 
Bill & have directed him to report that the same do passe without any amendment 

Which report being read was approved of and the s d Bill was read the third time and passed 
the Councill. 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill appointed to 
meet the Comittee of the house of Representatives on the subject matter of the Bill for taking 
off the duties payd on Goods carried up the Hudsons river &c reported from the s d Comittee 
that the Comittee of the house of Representatives will not agree to the amendm" proposed by 
the Comittee of the Councill to the s d Bill 

The Addresse to her Majtie setting forth the State and Condition of the province having 
been Ingrossed by the Cl of the Council! according to an order made yesterday by this board 
for that purpose was read and signed by his Excellency and the Gents of the Councill present 
and Coll" Heathcote desired to carry the same down to the house of Representatives 

Adjourned till to morrow morning. 



At a Councill licld at ffort Anne in New York this 19" 1 day of June, 1703. 

PRESENT His Excellency EDWARD Viscount COENBURT, &c., 

PETER SCHUYLER, ) RIP VAN DAM, > -p 



*, X 



SA: SH: BROUGHTON, > Esq CALEB HEATHCOTE, 5 

W m LAWRENCE, ) JOHN BRIDGES, Do r of Laws. 

His Excellency ordered the Cl of the Council! to acquaint the house of Representatives that 
his Lordship Desired their attendance Imediately at the ffort. 

The Speaker with the whole house being present in the Councill Chamber his Excellency 
gave the Assent to the following Bills enacting them and ordering them to be enrolled vizt 

1 An Act to enable the Justices of the peace for the City and County of Albany to repair or 
to Rebuild a Comon Goale and City and County hall for the Said City and County &c to pay 
their arreares of their publick Charge 

2 An Act to enable the Minister and Elders for the time being of the ffrench protestant 
Church in the City of New York to build a larger Church for the worship of Almighty God in 
that Congregation to hold to them and their Successors for ever 

3 An Act declaring the Illegality of the proceedings against Coll Nicholas Bayard and 
Alderman John Hutchins for pretended high Treason and for reversing and making null 
and voyd the Said judgments and all proceedings thereon. 

4 An Act for the laying out Regulating Cleering and preserving publick Comon highways 
throughout this Colony. 

5 An Act for prohibiting the Distilling of Rum and burning of Oysters, oyster shells or 
Stone into Lime within the City of New York or within half a miles distance of the City hall 
of the s d City. 

6 An Act for the better Explaining and more effectual! putting in Execution An Act of 
Generall Assembly made in the third yeare of the Reigne of their late Mnjties King W m and 
Queen Mary Intituled, An Act for defraying of the publick and necessary Charge throughout 
this province and for mainteining the Poor and preventing Vagabonds. 

7 An Act for the Better Establishment of the maintenance for the Minister of the City of 
New York 

8 An Act for the Better and more speedy recovery of the forfieture of six pounds for persons 
not appearing upon Detachments and performing the Service Required according to the purport 
of An Act of Generall assembly of this Colony made in the first yeare of her Majties reigne 
Intituled, An Act for the better Setling the militia of this province &c 

9 An Act to supply the Defects of An Act of Generall assembly made in the first yeare of 
her present majties reigne Intituled, An Act for appointing and enabling Com" to take State 
and Examine the accounts of the Revenue of this Colony and the necessary Contingent Charge 
of the Goverm . 

10 A Bill for raising .1500 towards erecting two batteries at the Narrows or passage 
between Staten and Long Island. 

1 1 An Act to Ascertain the Assize of Casks, Weights, Measures and Bricks within this 
Colony. 



1703.] Edward Lord Viscount Corribury, Governor. 205 

12 An Act to oblige persons to pay their arreares of one thousand pounds tax granted by 
Act of General! assembly of this province in the twelfth yeare of the Reigne of our late 
Sovemigne King W u the third for building a fort at Onnondaga for the Security of the five 
nations of Indians. 

Then his Excellency adjourned the General! Assembly until! the second Tuesday in September 
next, and the General! assembly is adjourned accordingly. 



[ IN EXECUTIVE SESSION. ] 
At a Councill held at ffbrt Anne in New York, this 31" 1 day of August, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ) THOMAS WEXIIAM, ) p r , 

RIP VAX DAM, V Esq" MATHEW LING, ) q 

JOHN BRIDGES, ) 

Amwy Ordered, a proclamation forthwith issue for adjourning the General! Assembly 
adjourned O f ^his province from the second Tuesday in September to the first tuesday in OctobeV 
next. 



NINTH ASSEMBLY THIRD SESSIONS. 

At a Councill held at ffort Anne in New York, this fourteenth day of October, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH: BROUGHTON, } THOMAS WENHAM, 

RIP VAN DAM, > Esq MATHEW LING. 

JOHN BRIDGES, ) 

Myndert Schuyler and Evert Banker Esq" from the General! Assembly Desired that Andries 
Douw Esq r (Elected and Chosen a Representative in Generall assembly for the Colony of 
Renslaerwick in the County of Albany in the Room and stead of Killian van Ranslaer Esq r 
whom her Majtie hath been pleased to appoint to be one of her privy Councillors of this 
province) may take, the oathes appointed by act of Parliam* to be taken instead of the oaths of 
Allegiance and Supremacy and Subscribed the Test which was done in Councill. 

Edward Cole Messenger of the Council! took the said oaths & Subscribed the Test. 

His Excellency ordered the Clark of the Councill to acquaint the Generall Assembly that his 
Lordship Expected their attendance Imediately. Which having been done and the Speaker 
with seaventeen of the sd members being present his Excellency sayd 

Gentlemen, 

I Am sorry the Season of the Year is so far advanced, that you cannot have so much Time for 
your Deliberations as I could wish, because there are many Things, that will in due Time require 
your Consideration; but at this Time, I shall only recommend to the Consideration of you, 
Gentlemen of the House of Representatives, the providing a sufficient Fund, for the Paying 
such a Number of Men, as may be necessary to be sent to Albany, for the Defence of the 
Frontiers this Winter; the number which I think necessary to be detached for that Service, is 
1GO Men, with their proper Officers, including the Out-Scouts. I should have desired a greater 
Number, but that I consider the Condition of the Province at this Time, therefore, I am willing 
to make the Cliarge as little as possible; but I must recommend it to your Care, to provide 
such a Coertion in your Bill, as may be effectual, for the bringing in the Money, by the time 
you shall think fit to appoint, else I am afraid, People will be as backward in their Payments, 
as they have been in the Eighteen Hundred Pounds Tax, which is not yet all paid, though the 
Time appointed, was the 25th Day of March last; if any Thing occurs to your Thoughts for 
the Good of this Colony, which may require the Assistance of an Act of Assembly at this Time, 
you shall always find me ready to concur with you, in all such Things as may be for the real 
Good of the Country. 



206 



Journal of the Legislative Council of New 



York. 



C9th Annem 
3d KesB n.. 



I must now acquaint you, Gentlemen, that the great Queen of England, my Mistress, has been 
pleased to ease this Province of a Burthen, which by Custom, has long lain upon it, I mean, 
that of Presents to the Governors or Commanders in Chief of this Colony ; her Majesty has 
been graciously pleased to confirm that Act, by which the last Fall, you were so kind as to give 
to me a very great Present, but at the same Time, her Majesty has commanded me to acquaint 
you, that she lias given the necessary Orders, for preventing any Governor, Lieut. Governor or 
Commander in Chief, from receiving any Presents for the Future ; that Order, I have here in 
my Hand, and pursuant to the Queen s Commands, I have caused it to be entred in the Council 
Books. And I desire you, Mr. Speaker, to take Care that it be entered at large in the Journals 
of your House. I have nothing more to offer to you at this Time, only to desire you, to give 
all possible Dispatch to the Matters before you, for I am obliged upon the Queen s Service, to be 
at Amboy, at the very Beginning of the next Month. 

Then the Speaker and the members of the Generall assembly hereafter mentioned Swore to 
and Subscribed the Abjuration oath before his Excellency in Councill vizt 



William Nicoll, 
Stephen De Lancey, 
Henr Beekman, 
John Jackson, 
Thomas Garton, 
Tho Codrington, 
John Abeel, 
Evert Banker, 
John Stillwell, 



Esq ri 



Myndert Schuyler, 
W m Willet, 
Joseph Purdy, 
Andries Douw, 

the mark of 

Abraham A Lakeman, 
ffloris Crom, 
Josiah Hunt, 
Cornelius van Brunt, 



Esq ri 



Gabriell Ludlow Clark of the Generall Assembly also Swore to and Subscribed the Abjuration 
oath. 



At a Councill held at ffort Anne, this 18 th day of October, 1703. 



PRESENT 



His Excellency EDWARD Viscount CORNBURY, &c., 

WILLIAM LAWRENCE, ) RIP VAN DAM, 

GERHARD BEEKMAN, ) " JOHN BRIDGES, 



Jacobus van Cortlandt, Mathew Howell and Cornelius Sebering Esq Members of the Generall 
assembly took the oathes appointed by act of parliament to be taken instead of the oathes of 
Allegiance and Supremacy and subscribed the Test, and swore to and subscribed the Abjuration 
oath. 

Henry Beekman and Stephen De Lancey Esq" from the Generall assembly prayed to know 
when his Excell will be pleased to be attended with the humble addresse of the said house. 

His Excellency told them that to morrow morning at nine of the Clock he would be ready to 
Receive the same. 



At a Councill held at ffort Anne, this 19 * day of October, 1703. 



PRESENT 



SA : SH : BROUGHTON, 
W ra LAWRENCE, 
RIP VAN DAM, 
JOHN BRIDGES, 



His Excellency EDWARD Viscount CORNBURY. &c., 
Esq" 



CALEB HEATHCOTE, 
MATHEW LING, 



The Speaker attended by the Generall assembly presented an Addresse from them to his 
Excellency this day in Councill & withdrew. 



1704.] Edward Lord Viscount Cornbury, Governor. 207 



At a Councill held at ffort Anne this one and Twentieth day of October, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTOX, } CALEB HEATHCOTE, "i 

W m LAWRENCE, > Esq THOMAS WENHAM, > Esq" 

JOHN BRIDGES, ) MATHEW LING, ) 

Stephen De Lancey & Myndert Schuyler Esq" from the General! assembly layd before his 
Excellency in Councill The Bill Intituled, An Act for levying and Collecting the sume of 
Thirteen hundred pounds for mainteining one hundred ifuzileers with their proper officers and 
Thirty men with their proper officers to be Imployed as Scouts for the Defence of the frontiers, 
the same having passed the Generall assembly 

The said Bill was read the first and second time and Comitted to the Geutl of the Councill or 
any three of them. 



At a Councill held at ffort Anne in New York this 23 A day of October, 1703. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W LAWRENCE, ) CALEB HEATHCOTE, ) r , 

RIP VAN DAM, \ Esq" THOMAS WEXIIAM, ) q 

JOHN BRIDGES, ) 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill to whom the 
Bill Intituled, An Act for Levying and Collecting the sume of .1300 for mainteining one 
hundred ft uzileers with their proper officers and thirty men with their proper officers to be 
Imployed as Scouts for the Defence of the {Frontiers was Comitted on the one and twentieth 
Instant Reported from the said Comittee that they had gone through the said Bill and are of 
opinion that the same do passe without any amendm*. 

Which Report was read and approved of And the said Bill was Read the third time and 
passed the Councill. 

Ordered, that Coll Thomas Wenham Do acquaint the Generall assembly that the Bill 
Intituled, An Act for Levying and Collecting the sume of Thirteen hundred pounds for 
mainteining one hundred ffuzileers with their proper officers and Thirty men with their proper 
officers to be Imployed as Scouts for the Defence of the {frontiers is past the Councill without 
any amendm 

Ordered, that the Cl of the Councill do acquaint the house of Representatives that his 
Excellency desires their attendance Imediately at the ffort which having been done, the Speaker 
with the whole house being present his Excellency gave his assent to the Bill Intituled, An Act 
for levying and Collecting ,1300 &c and 

Adjourned the Generall assembly to the second Tuesday in Aprill next. 

Then his Excellency and Councill with the Generall assembly went to the City hall where 
the s d act of assembly was published 



NINTH ASSEMBLY FOURTH SESSIONS. 



At a Councill held at ffort Anne in New York this thirteenth day of Aprill, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBCRT, &c., 

PETER SCIIUYLER, ^ MATHEW LING, > Esa" 

SA : SH : BROUGHTON, > Esq" KILLIAN VAN RENSLAER, 5 

THOMAS WEXHAM, ) 

His Excellency ordered the Clark of the Councill to acquaint the Generall assembly that his 
Lordship Expected their attendance Imediately at the fort The Clark of the Councill Returned 



208 Journal of the Leislative Council of New York. 






and acquainted his Excellency in Councill that the Speaker of the house had informed him that 
the General! assembly were adjourned untill two of the Clock this afternoone. 
Adjourned till three of the Clock afternoone. 

Post Meridiem 

PRESENTTBUS Eisdcm 

His Excellency ordered the Clerk of the Councill again to acquaint the Generall Assembly 
that his Lordship Required theire attendance Imediately at the fort Which having been done 
and the Speaker with of the said house being present his Excellency sayd 

Gentlemen, 

The Time to which you were adjourned the last Year being come, I am glad to see so many 
of you ready to attend the Service of the Queen and your Country, by which Means, I hope, 
there may be sucli Dispatch, given to the Matters which will be laid before you, and that you 
may think proper to be done, that I may be at Liberty, to attend the Service of the great Queen 
of England, my Mistress, in the Neighbouring Province, some Time in May ; the Tilings which 
I shall more particularly recommend to the Consideration of you Gentlemen, of the House of 
Representatives, are these. First, The Security of the Frontiers, which I am afraid cannot be 
thought so secure now, as they were last Year; the good Success our Enemies the French, with 
some of their Indians, have had against our Neighbours of New England, who by their 
Carelessness, have suffered themselves to be surprised and cut off at Deerfield, may perhaps 
encourage them to attempt our Frontiers likewise; though I hope (if they do) they will find us 
more watchful and in a better Posture than our Neighbours ; however, I think it will be 
absolutely necessary, that some Men may be raised, and sent up for the Defence of the Frontiers 
for the Year ensuing; the Number I think proper, is 150 Men, to be employed thus, 30 Men to 
be added to the Garrison of Schenectady, 30 at Nistigaone, 30 at the Half Moon, 30 at 
Kinderhook, and 30 to be dispersed in the Out Farms; by this Means, I hope, I shall be able 
to prevail with the Inhabitants, not to desert their Farms, which I am informed, they will very 
speedily do if not protected. 

The next Thing, which I most earnestly recommend to your serious Consideration is, the 
Condition of her Majesty s Revenue in this Colony, which is now very small. There was an 
Act of the General Assembly of this Colony, past in the Year 1G9S, entitled, An Act, for raising 
an Additional Duty, for the defraying the Debts of the Government ; but that Act was to 
continue in Force for two Years only, and no longer, which Time is long since expired ; I only 
mention this to you, because I think ihe Methods prescribed in that Act, will appear as easy as 
any that can be thought of; however, I shall leave it wholly to your Considerations, to use such 
Methods as you shall think proper, only, I must acquaint you, that unless some Care is now taken, 
the Revenue will not answer the necessary Charges of the Government. 

I must acquaint you, Gentlemen, that her most Sacred Majesty the Queen, who is always 
watchful for the Good of her Subjects, and considering the Danger that some of her Subjects of 
this Colony, were exposed to, by the wicked Construction put by the then Chief Justice, upon 
an Act of Assembly, passed in April 1691, (entitled, An Act, for the quieting and settling the 
Disorders, that have lately happened within this Province, and for the Establishing and securing 
their Majesty s present Government, against the the like Disorders for the future) has been 
pleased to Command me, to recommend to you, the repealing the last Clause in the said Act, 
her Majesty being satisfied, that the Laws now in Force in England, are sufficient to punish any 
Person, who shall offend in that Manner in these Parts. This, Gentlemen, is what I thought 
proper to offer to you at this Time, therefore I shall detain you no longer, only but to recommend 
to you, Unanimity and Dispatch in the Matters now before you. 

Then they withdrew. 
Adjourned. 



At a Councill held at ffort Anne in New York, this Twentieth day of Aprill, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

WILLIAM SMITH, ~\ GERRARD BEEKMAN, 

PETER SCHUYLER, r v RIP VAN DAM, 



"Fso rl 
SA: Sn: BiiouGiiTON.r" 1 THOMAS WENHAM, S 

WILLIAM LAWRENCE,) MATHEW LING, 

The Speaker Attended with the whole house of Representatives this day Read to his Excellency 
in Councill the humble Addresse of the s d house in the words following. 



1704.] Edward Lord Viscount Cornbury, Governor. 209 

To the Right Honourable EDWARD Lord CORNBURY, her Majesty s Captain General and Governor 
in Chief of the Colony of New- York, &c. 

The humble ADDRESS of the General Assembly. 

My Lord, 

Her Majesty s faithful Subjects, the General Assembly of this Colony, as they cheerfully 
embrace all Opportunities of doing Service to her Majesty and their Country, so it affords them 
a pleasing Satisfaction, when any of their Actions prove agreeable to your Excellency. 

They Esteem it (as they ought) a very great Happiness, that in these Times of War and 
Danger, by the Blessing of Almighty God, on your Excellency s Administration, the Colony has 
hitherto been as safe, as in those of the calmest Peace, without those Insults and Afflictions, 
some of the neighbouring Colonies have suffered ; they humbly and heartily pray to God, for 
the Continuance of that Tranquility they have enjoyed, for the obtaining of which and their 
own necessary Defence, they come with Minds well prepared, and will never be wanting to 
their Ability. 

They entertain with great Concern, the Condition your Excellency mentions of the Revenue, 
which having formerly amounted to upwards of Four Thousand Pounds, Communibus Annis, (a 
Sum, far exceeding any Thing other Colonies, tho of greater Extent of Territory, People and 
Riches have raised) they are very desirous of being informed, if the State it is reduced to, is to 
be attributed to the Decay of the Income, or increase of the Charge, that on Consideration of 
its Circumstances, due Remedies may be applied. 

Her Majesties amiable Grace and Bounty to her Subjects here, and Care of their Good is 
sufficiently shewn, in preventing their Requests, by her happy Commands to your Excellency, 
for th e Repeal of that unnecessary Clause in that Act of Assembly ; they believe it the Effects 
of your Excellency s just offering Things to her Majesty s View, in their proper Light. By this 
her Majesty gives the highest Demonstration that the Greatness of her Fortune, is surpassed by 
the Goodness of her Nature. It will be a Means, of putting out of the Power of vile crafty 
designing Men (whom Mistake may cloath with Power) the Occasion of venting their own 
Wicked Passions, under the specious Colours of Law and Justice. 

They heartily thank your Excellency, for putting them in Mind of Unanimity, and will give 
all possible Dispatch to the Affairs recommended to them. 

And Dd the same to his Lordship. 

Then his Lordship returned his Answer thereto. That he should be glad, if by any action 
of his, he might contribute to the Prosperity of the Country, and that the State of the Revenue 
should be laid before the House. 

Whereon they withdrew. 

Adjourned till to morrow morning ten of the Clock. 



At a Councill held at ffort Anne this one and Twentieth day of Aprill, 1704. 

PRESENT His Excellency EDWAED Viscount CORNBURY, &c., 

W m SMITH, ~\ CALEB HEATHCOTE, } 

PETER SCHCYLER, ( rs THOMAS WENHAM, > Esq" 

SA : Sn : BROUGHTON, { KILLIAN VAN RANSLAER, ) 

W m LAWRENCE, j 

Adjourned till to morrow morning. 

22 lh Aprill 1704 Adjourned till Tuesday morning. 



At a Councill held at ffort Anne in New York this 25 A day of Aprill, 1704. 

PRESENT Hit Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ~) 

SA: Sn: BROUGHTON, f j, THOMAS WENHAM, > j, _ 

GERRARD BEEKMAN, f KILLIAN VAN RANSLAER, ) 

RIP VAN DAM, 3 

Ordered, that Killian van Rnnslaer do carry to the house of Representatives the List of the 
annuall Sallaries of the Civill Officers of this Province together with the account of the amount 
of her Majties Revenue here from the 31 lh July last to this day. 
27 



210 Journal of the Legislative Council of New York. [ 

Jacobus van Cortlandt and Evert Banker Esq" from the house of Representatives attended 
this board with a Bill to repeale the last Clause in An Act of Assembly Intituled An Act for 
the Quieting and Setling the Disorders that have lately happened in this Province and for 
Establishing and Securing their Majties present Goverm 1 agst the like Disorders for the future. 

Ordered, that the said Bill be read Imediately. Which having been done 

Ordered, that the same be read the second time to morrow morning. 

Adjourned till to morrow morning ten of the Clock. 



At a Council? held at ffort Anne in New York, this 26 A day of Aprill, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

PETER SCIIUYLER, } MATHEW LING, ) j, 

SA : SH : BROUGHTON, > Esq" KILLIAN VAN RANSLAER, > 

RIP VAN DAM, ) 

The Bill for repealing the last Clause in An Act of Assembly Entituled An Act for the 
Quieting and Setling the Disorders that have lately happened within this province and for 
the Establishing and securing their Majties present Goverment against the like Disorders for the 
future was according to the order of the day read the second time and Comitted to the Councill 
or any three of them 

Adjourned till ten of the Clock to morrow morning 



27 th day of Aprill 1704 Adjourned till ten to morrow morning. 



At a Councill held at ffort Anne in Neiv York this 28 4 day of Aprill, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

PETER SCHUTLER, ~\ CALEB HEATHCOTE, } 

SA : SH : BROUGHTON,^ r . THOMAS WENJIAM, > Esq 

GERRARD BEEKMAN, ? KILLIAN VAN RANSLAER, ) 

RIP VAN DAM, j 

Coll Peter Schuyler Chairman of the Comittee of the Councill to whom the Bill for 
Repealing the last clause in An Act of Assembly Entituled An Act for the Quieting and Setling 
the Disorders that have lately happened within ihis province and for Establishing and securing 
their Majties present Goverm against the like Disorders for the future was Comitted Reported 
That the s d Comittee had gone through the s d Bill and had made several! amendments thereto 
The said Report was read and approved of and the said Bill together with the amendments 
was read the third time and passed the Councill and ordered to be sent down to the house of 
Representatives for their Concurrence and Killian van Ranslaer Directed to carry the same 

Adjourned. 



At a Councill held at ffort Anne in New York this 4 * day of May, 1704. 



PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, "} CALEB HEATHCOTE, 



PETER SCIIUYLER, (^ THOMAS WENHAM, 



SA : SH : BROUGHTON, f MATHEW LING, 

RIP VAN DAM, J KILLIAN VAN RANSLAER, 

Adjourned. 



>Esq" 



1704.J Edward Lord Viscount Cornbury, Governor. 11 

At a Councill held at ffort Anne in New York this Sixth day of May, 1704. 



PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, } CALEB HEATHCOTK, 

PETER SCHUTLER, > Esq" THOMAS WEXHAM, ^ Esq" 

SA : SH : BROUGHTON, ) KILLIAN VAN RANSLAER, 



! 



Rip Van Dam Esq r took his place at this board. 

John Abeel and Hunt Esq" from the house of Representatives Returned the Bill 

for Repealing the last Clause in An Act of Generall assembly Entituled an Act for the Quieting 
and Selling the Disorders that have lately happened in this province &c with some amendments 
made by the s d house to the amendments made by the Councill to the said Bill. 

On Reading whereof the Councill do Insist on their own amendments 

Ordered, that a message be sent to the house of Representatives acquainting them that the 
Councill Desire a Conference with them on the subject matter of the amendments made by 
the s d house to the amendments made by the Councill to the said Bill that the said Conferrence 
be held at the fort on Tuesday morning at eleaven of the Clock, and that M r Wenham do carry 
the s d message 

Ordered, that W m Smith, Peter Schuyler, Sa : Sh: Broughton, Rip van Dam, Caleb Heathcote, 
Thomas Wenham and Killian van Ranslaer Esq" or any three of them be the managers of the 
s d Conference and also a Comittee to draw up reasons for the Councill Insisting on their own 
amendments. 

Adjourned till Munday morning ten of 



At a Councill held at ffort Anne in New York, this ninth day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ") CALEB HEATHCOTE, } 

PETER SCHUYLER, ^ T , THOMAS WENHAM, , Esq 

SA : !?H : BROUGHTON, f KILLIAN VAN RANSLAER, ) 

RIP VAN DAM, J 

The Report of the Gents of the Councill appointed to meet the house of Representatives 
about the amendments made by the said house to the amendments made by the Councill to the 
Bill for Repealing the last Clause in An Act of Generall assembly Intituled An Act for the 
quieting and setling the Disorders that have lately happened in this province &c was read at 
the board. 

Adjourned. 



At a Councill held at ffort Anne in New York, this Eleaventh day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ~} RIP VAN DAM, ^ 

PETER SCHUYLER, / CALEB HEATHCOTE, (^, 

SA : SH : BROUGHTON, /Esq THOMAS WENHAM, ^ 

W m LAWRENCE, V KILLIAN VAN RANSLAER, j 
GERRARD BEEKMAN, } 

Coll Smith produced a paper at the board Dd to him by two of the members of the house of 
Representatives Conteining their Reasons for Insisting on their amendm" to the amendments 
made by the Councill to the Bill for Repealing the last Clause in An Act of Gen" assembly 
Intituled An Act for the Quieting and Setling the Disorders that have lately happened in this 
province &c. 

The Councill are of opinion that the same ought to have been Dd to them at a Conference and 
not otherwise, and that Coll Smith be Directed to Deliver the same to Coll Cortlandt (one 
of the members who Dd it to him) to return it to the house with that answer. 

Adjourned. 



212 Journal of the Legislative Council of New York. 



At a Councill held at ffort Anne in New York, this 19 * day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

SA : SH : BROUGHTON, ^ MATHEW LING, ) -p rs 

KIP VAN DAM, > Esq" KILLIAN VAN RANSLAER, ) 

THOMAS WENHAM, j 

The Attorney General! in pursuance of an order of this board of the ll 4 Instant having 
prepared a Bill for the better and more effectuall Discovery and payment of Quitt rents and 
other annual! reservations and payments due to her Majtie within this province, and the 
arrearages thereof, the same was read the first time and ordered a second reading. 

Adjourned. 



At a Councill held at ffort Anne in New York, this 23 th day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BRODGHTON, } MATIIEW LING, ) -& 

RIP VAN DAM, > Esq" KILLIAN VAN RANSLAER, ) 

THOMAS WENHAM, ) 

The Bill for the Better and more effectuall Discovery and payment of Quitt rents and other 
annuall Reservations and payments due to her Majtie within this province and the arrearages 
thereof was read the second time and Comitted to the members of this board or any three of 
them. 

The Bill for granting sundry priviledges and powers to the Rector and Inhabitants of the City 
of New York of the Communion of the Church of England as by Law Established being layd 
before this board by his Excellency, the saim having been delivered to him by members of the 
house of Representatives appointed thereunto was read the first time and ordered a second 
Reading. 

The Bill for the Levying and Collecting the sume of .1605. 10 s . 00 d for the paying 90 ffuzileers 
their officers Included for 10 monthes and 30 men with their officers to be Imployed as Scouts 
60 dayes for the Defence of the tfrontiers having been layd before this board by his Excellency 
the same having been Delivered to him by Members of the house of Representatives appointed 
thereunto was read the first time. 

On Reading at the board a Message from the house of Representatives desiring a Conference 
with the Councill upon the subject matter of the last Conference. 

Ordered, that Killian van Ranslaer Esq r do acquaint the house of Representatives that the 
Councill Consent to the said Conference to be held in the Great room in the fort at six of the 
Clock to morrow in the afternoon with a Comittee of the said house. 

Ordered, that the Councill or any three of them be managers of the said Conference. 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York, this 24 /A day of May, 1704 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

SA : SH : BROUGHTON, } THOMAS WENHAM, 

* RIP VAN DAM, > Esq" KILLIAN VAN RANSLAER. 

CALEB HEATHCOTE, ) 

The Bill for Granting sundry priviledges and powers to the Rector and Inhabitants of the 
City of New York of the Communion of the Church of England as by Law Established 
was read the second time and ordered a Third Reading. 

Adjourned till to morrow morning. 



1704] Edward Lord Viscount Cornlury, Governor. 213 

At a Council! held at fort Anne in New York, this 25 A day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ) THOMAS WENHAN, ) 

GERHARD BEEKMAN, > Esq MATIIEW LING, > Esq 

CALEB HEATHCOTE, ) KILLIAN VAN RANSLAER, ) 

The Bill to Charge the severall Cities and Counties in this Colony with .143. 10 10 J for 
fitting and furnishing a Roome for the Generall Assembly with a Lobby in the City hall of New 
York, having been layd before this board by his Excellency, the same having been Dd to him by 
M r Abeele a member of the house of Representatives appointed thereunto, was read the first 
time and ordered a 2 d Reading. 

The Bill for Granting Sundry priviledges and powers to the Rector and Inhabitants of the 
City of New York of the Communion of the Church of England as by Law Established was 
read the Third time and passed the Council!. 

The Attorney Generall Reported from the Comittee of the Councill appointed to meet a 
Comittee of the house of Representatives at a Conference at the fort yesterday in the afternoone 
upon the Subject matter of the last Conference that the s d Comittees had inett accordingly and 
the Comittee of the said house had Delivered to the Comittee of this board their answer to the 
reasons otferred by the Comittee of this board for the amendm" to the Bill Intituled, An Act to 
Repeale the last Clause in An Act of Assembly Intituled An Act for the Quieting and Setling 
the Disorders that have lately happened within this province &c which was read. 

Ordered, that a Message be sent to the house of Representatives to Desire a free Conference 
with a Comittee of the said house on the subject matter of the last Conference at the fort at 
nine of the clock to morrow morning and Mathew Ling Esq r do carry the s d Message. 

Adjourned till to morrow morning. 



At a Councill held at ffort Anne in New York, this 26 * day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA: SH: BROUGHTON, } CALEB HEATHCOTE, ^ 

W m LAWRENCE, > Esq THOMAS WENHAM, > Esq" 

GERRARD BEEKMAN, ) KILLIAN VAN RANSLAER, ) 

The Report of Attorny Generall from the Comittee of this board appointed to meet a Comittee 
of the house of Representatives at a free Conference at her Majties fort in New York on the 
subject matter of the last Conference, was read at the board, & ordered to ly on the table. 

The Bill for Levying and Collecting the Sume of .160-5. 10* for-the paying ninty ftuzileers 
their officers Included for ten months and Thirty men with their officers to be Imployed as 
Scouts 62 dayes for the Defence of the ffrontiers, was read the Second time and Comitted to the 
Councill or any five of them. 

Ordered, that a Message be sent to the Assembly to Desire that all papers and accounts 
Relating to the making out the Overplus mentioned in the Bill Intituled An Act for Levying 
and Collecting the sume of .1605. 10 for the paying ninty ffuzileers their officers Included for 
10 months and Thirty men with their officers to be Imployed as Scouts 60 Days for the Defence 
of the fi ronteers may be layd before this board for their satisfaction and 

Ordered that Coll "Wenham Do carry the said Message. 

The Attorney Generall s Report from the Comittee to whom the bill for the better and more 
eflectuall Discovery and payment of Quitt rents and other annuall Reservations and payments 
due to her Majtie within this Province and the arrearages thereof was Comitted was read at the 
board and the said Bill ordered to be Ingrossed. 

Adjourned. 



214 Journal of the Legislative Council of New York. [ 



J|S 



^ Councill held at ffort Anne in New York, this 30" 1 day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : Sn : BROUGHTON, ~) MATHEW LING, ? F 

RIP VAN DAM, > Esq" KILLIAN VAN HENSLAER, > S 1 

THOMAS WENHAM, ) 

The Bill to charge the several! Cities and Counties in this Colony with .143. 10 s . 10 d for 
fitting and furnishing a Roome for the Generall Assembly with a Lobby in the City hall of the 
City of New York was read the second time and comitted to the Councill or any three of them. 

The Ingrossed Bill for the Better and more effectuall Discovery and payment of Quitt rents 
and other annuall Reservations and payments due to her Majtie within tins province and the 
arrearages thereof was read the Third time and passed the Councill and 

Ordered, that Rip van Dam Esq r do carry the same to the Assembly for their concurrence. 

His Excellency acquainted the Councill that he had Received a Message from the Assembly 
by Major van Brunt with the Bill Intituled, An Act for the better Expleining An Act made in 
the second yeare of her present Majties Reigne Intituled, An Act to oblige persons to pay their 
arrears of 1000 tax granted by act of Generall Assembly of this Colony in the 12 lb yeare of 
our late Soveraigne King William the Third of Blessed memory for building a fort at Onnondage 
for the security of the five nations of Indians & for the Remedying some Irregular proceedings 
comitted in Kings County in the Execution of the said act. 

The said Bill was read the first time and ordered a second Reading. 



At a Councill held at ffort Anne in New York, this 31 A day of May, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ^ THOMAS WENHAM, } 

RIP VAN DAM, > Esq" MATTHEW LING, > Esq 

CALEB HEATHCOTE, ) KILLIAN VAN RENSLAER, ) 

The Bill for the Better Expleining An Act made In the second yeare of her present Majties 
Reigne Entituled, An Act to oblige persons to pay their arreares of one thousand pounds tax &c 
was read the second time and Comitted to the Councill or any three of them. 

The Attorney Generalls Reported from the Comee to whom the Bill for Levying and Collecting 
of ,1605. 10 s for paying 90 tfuzileers their officers Included for 10 mo & thirty men with their 
officers to be Imployed 60 dayes for the Defence of the frontiers was Comitted that they had 
gone through the said Bill and made severall amendments thereto which were read. 

The Attorny Generall Reported from the Comittee to whom the Bill to charge the severall 
Cities and Counties in this Colony with ,143. 10 s . 10 d for fitting and furnishing a Roome for the 
Generall Assembly with a Lobby in the City hall of New York was Comitted that they had 
gone through the s d Bill and Directed him to Report that the same may passe without any 
amendment. 

Myndert Schnyler and Jacobus Van Cortlandt from the Assembly brought a Message 
acquainting his Excellency they have nothing before them and Desire to know what further 
Comands his Lordship hath for them for the service of her Majtie and the Countrey. 

Whereupon his Excellency Comanded the Clark of the Councill to acquaint the Assembly 
that his Lordship required their attendance to morrow morning at Eleaven of the Clock at the 
fort. 

His Excellency produced at the Board his Instruccons from her Majtie relating to the passing 
of Laws in this province, whereby his Lordship is Directed to take care that the same do passe 
as followeth vizt : Be it Enacted by the Gov r Councill and Assembly. 

Adjourned till to morrow morning. 



1704] Edward Lord Viscount Cornlury, Governor. 215 

At a Councill held at ffort Anne in New York, this first day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ) RIP VAX DAM, ~\ 

W m LAWRENCE, > Esq CALEB HEATHCOTE, f Esa" 

GERRARD BEEKMAN, ) THOMAS WENHAJI, ? 

KILLIAN VAN RENELAER,,} 

The Speaker with the whole Assembly being present according to the Message sent to them 
yesterday by the Clark of the Councill his Excellency sayd 

Gcntlfmcn, 

I Have required your Attendance here this Day, to take Notice to you of several Innovations 
lately attempted to be set on Foot, by some of you never thought of, nor attempted by any of 
your Predecessors, and which can tend to Nothing, but to disturb that Quiet, which her most 
Sacred Majesty the Queen, desires all her Subjects should enjoy, in all the Parts of the World 
under her Dominion ; this can be effectually hindered by nothing, but by the Subjects attempting 
to invade the Property of the Queen, or assuming to themselves to exercise a Power, vested by 
the Crown in the Governor alone. 

And as these are Things, which I shall never suffer during the Time, her Majesty will be 
pleased to trust the Administration of this Government in my Hands, so I shall always do my 
Part in admonishing of you, hoping that may bring you to think so seriously, that I may not be 
forced to exert the Powers vested in me by the Queen, nor to make Representations to her 
Majesty to your Disadvantage. 

The first Thing I shall take Notice of, is the Stile you have make Use of in some of your late 
Bills, in which you insist upon the Title of General Assembly, because they are Words used in 
the Letters Patents, which constitute me Governor of this Province ; and at the same Time, you 
are very unwilling to admit of the word Advice, though contained in the same Letters Patents, 
notwithstanding, in the Reasons you delivered to the Gentlemen of her Majesty s Council, for 
this Province, at a Conference you said the said Letters Patents, are the Measure of the 
Power of this Government, and the Rules of the People s Obedience; but it seems, you think 
yourselves the only Interpreters of the Queen s Meaning, which I must tell you appertains to 
me ; I must further observe to you, that in your Votes of the Twenty-sixth Day of May, you 
have made a Resolve in these Words. 

Resolved, That this Hume, for the avoiding all Delay, will (it this Time, admit of thai Amendment, 
aliL-mjs saving their Rights, this Compliance notwithstanding. But you do not think fit to mention 
what those Rights are. and as I know of none that you have as an Assembly, but such as the 
Queen is pleased to allow you, so I think it my Duty to require you (which I now do) to lay 
before me, as soon as may be, what those Rights are, which you pretend to save in that Vote. 

The next Ting, I shall take Notice to you of is, that in your Bill, for raising One Thousand, 
Six Hundred and Five Pounds, Ten Shillings, for the paying 90 Fuzileers, their Officers included, 
you take it upon you to direct what Number of Officers, there shall be to command those Men, 
and where they shall be posted ; nay, you take it upon you to say, that none of the Inhabitant 
of Albany shall be commanded upon that Service, unless it be for Out-Scouts ; these are Powers 
do in no Manner belong to you ; they are vested soly in me, and I will never suffer you to 
meddle with them. I must take Notice to you, of another Vote you made, with relation to the 
Eighteen Hundred Pounds Tax, and Thirteen Hundred Pounds Tax, and there you have voted, 
that there is due to the Colony, the Sum of Nine Hundred and Thirteen Pounds, Fifteen Shillings. 
It is true, the Queen is pleased to command me in her Instructions, to permit the Assembly from 
Time to Time, to View and examine the Accounts of Money, or Value of Money disposed, by 
Virtue of Laws made by them, but you can in no wise meddle with that Money. But if you 
find any Misapplication of any of that Money, you ought to acquaint me with it, that I may 
take Care to see those Mistakes rectified, which I shall certainly do. 

Gentlemen, 

I cannot conclude, without observing to you, that though I recommended to your 
Consideration, the State of the Revenue at the beginning of this Session, you have not thought 
fit to make any Provision, for the necessary Support of the Government, though it is evident to 
all Mankind, that the present Revenue cannot do it ; I must say, this is not a sBitable Return 
to the Queen s Favours. 

The Bill for Levying and Collecting of ^1605. 10 for paying ninty ffuzileers their officers 
Included for ten monthes and thirty men with their officers to be Imployed sixty days was read 
the Third time with the amendm 5 . 

Resolved, the Bill with the amendments do passe the Councill. 

Ordered, that the same be sent down to the assembly for their Concurrence to the said 
amendments, and that Gerrard Beekman Esq r do carry the same. 

Adjourned till to morrow morning. 



216 Journal of the Legislative Council of New York. 



At a Councill held at ffbrt Anne in Neio York this second day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ^ MATTHEW LING, ) j, 

CALEB HEATHCOTE, > Esq KILLIAN VAN KENSLAER, > 

THOMAS WENHAM, ) 

The Attorney General! Reported from the Comittee to whom the Bill Intituled, An Act for 
the Better Expleining An Act made in the second yeare of her present Majties reigne Intituled, 
An Act to oblige persons to pay their arreares of one thousand pounds tax Granted by act of 
Generall assembly for building a fort at Onnondage &c & that they had gone through the said 
Bill and made several! amendments thereto. 

Ordered, the said Bill be read the third time. 

Adjourned. 



At a Councill held at ffbrt Anne in New York the sixth day of June, 1704. 

PRESENT Hi* Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ^ MATTHEW LING, ) ^ 

RIP VAN DAM, > Esq KILLIAN VAN RENSLAER, > 

THOMAS WENHAM, ) 

The Bill Intituled, An Act for the Better Explaining An Act made in the second yeare of her 
Majties Reigne Intituled, An Act to oblige persons to pay their arreares of one Thousand pounds 
tax Granted by act of Generall assembly for building a fort at Onnondage &c with the 
amendments was read the third time. 

Resolved, the said Bill with the amendments do passe the Councill. 

Ordertd, the same be sent down to the house of Representatives for their Concurrence to the 
said amendments and that Killian van Renslaer do carry the same. 

Ordered, that Amendments be made to the Bill to charge the severall Cities & Counties in 
this Colony with ,143. 10". 10 d for fitting and furnishing a Room for the Generall assembly 
with a Lobby in the City hall of New York, viz 1 That in fol the first Line the Eighth after the 
word [by] and before the word [Gov r ] leave out these words [your Excellency our] and in lieu 
thereof Insert the word [the] In the same Line after the word [Gov r ] and before the word 
[Councill] in the ninth Line leave out these words [by and with the Consent of her Majties] 
and after the word [and] in the ninth Line and before the word [assembly] in the same Line 
leave out the word [this] 

The said Bill with the amendments was read the Third time. 

Resolved, that the said Bill with the amendments do passe the Councill and be sent down to 
Jrtie Assembly for their Concurrence to the s d amendments and that Matthew Ling Esq r do 
carry the same. 

Adjourned. 



At a Councill held at ffbrt Anne in New York this ninth day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : SH : BROUGHTON, ) THOMAS WENHAM, ) ^ r 

W m LAWRENCE, > Esq" KILLIAN VAN RENSLAER, > S 1 

RIP VAN DAM, ) MATTHEW LING Esq r Serovenit. 

M r Lakerman from the Assembly brought up the Bill to Charge the severall Cities and 
Counties in this Colony with .143. 10 s . 10 d for fitting and furnishing a Room for the Generall 
Assembly wiMi a Message that the Assembly had agreed to the amendm" made thereto by the 
Councill 

Ordered, that the Clark of the Councill do Insert the amendments in the said Bill. 

His Excellency layd before this board the Bill Intituled, An Act for the better Explaining 
An Act made in the second yeare of her present Majties Reigne Intituled, An Act to oblige 
persons to pay their arreares of 1000 tax granted by act of Generall Assembly of this Colony 
in the l^ h yeare of our late Soveraigne King W m the Third of Blessed memory for building a 
fort at Onnondaga, the same having been Dd to him from the Assembly with a message that 
they had agreed to the amendments made by the Councill thereto. 



1704.] Edward Lord Viscount Cornbury, Governor. 217 

Ordered, that the Clark of the Councill do Insert the amendments in the said Bill. 

A Message came from the Assembly by M r Stillwill with the Bill Entituled, An Act for the 
Better laying out, further Regulating and preserving publick comon highways in this Colony 
and for the erecting and Building a County Jayle or County house in the County of Richmond. 

The Speaker with the whole Assembly (being present in the Councill Chamber) addressed 
his Excellency in the words following : 

To his Excellency EDWARD Viscount CORNBURT, Captain General and Governor in Chief of her 
Majesty s Colony of New York, and Territories depending thereon in America, and Vice 
Admiral of the same. 

The humble ADDRESS of the General Assembly. 

Mij Lord, 

Ever since this Assembly have been elected by the Country, next it s true Interest, they had 
nothing so much in their Thoughts, as doing such Things as might render them and their 
Actions agreeable to your Lordship, that being in your good Opinion, they might be the better 
enabled to perform the Services for which they were chosen : It is with great Concern they find 
they are mistook, and charged with Innovations ; their Endeavours are to conform themselves to 
the Letter, as well as to the true Intent (as they understand them) of the Commissions under 
the great Seal from the Crown. 

They never had, nor can have the least Thought of attempting the Invasion of her Majesty s 
Property, or assuming to themselves any Powers of Government whatsoever, nor do they 
believe, your Lordship will exert any Powers, but what are lawful, nor make any Representations 
but what are just. 

The Stile of General Assembly, is what in all Commissions, that mention of Assembly is given 
to the Deputies of the People, and that they shall be called and held by that Name ; but since 
your Lordship hath been pleased to direct the Stile of the Acts according to your Lordship s 
Instruction (as they are informed) they heartily agree and consent to the same. 

The Reason they have been dissatisfied with inserting the Word, Advice, in Acts of Assembly, 
is it s nut being applicable to that Purpose (as they apprehend) in the making of Laws, the 
Consent of the Council and Assembly, or the major Part of them respectively is, expressly, and 
only required, your Excellency is not directed, in the making of Laws, to take the Advice of 
Council or Assembly, or both, but manifestly the contrary, your Lordship s own Prudence, being 
wholly and solely intrusted to prevent, that whatsoever might be agreed on by the Council and 
Assembly (if in your Excellency s Judgment) to the Prejudice of the Crown, should not receive 
the Sanction of a Law; and the so often Repetition in the English Histories and Laws of these 
Words, common Consent in Parliament, (to which Laws, being the Birth right of Englishmen, this 
Assembly humbly lays a just Claim) appears to them a clear Illustration of the Matter. 

All Commissions from the Crown have hitherto been not only openly and solemnly published, 
but recorded in the Secretary s Office, for the Subject to have recourse to on Occasion, and the 
publishing, has ever been, by special Direction and Instructions from the Crown ; this must be 
to the End, they may be construed and understood by the People, and can be to other Purpose 
whatsoever. 

My Lord, 

This Assembly being intrusted by the People of this Plantation, with that Care of their 
Liberties and Properties, and sensible of their own Weakness, least through Ignorance or 
Inadvertency, they should Consent to any Thing hurtful to themselves or their Posterity (in all 
Things admitting of doubts) are willing to save their Rights, and those Rights they mean to be 
that natural and civil Liberty, so often claimed, declared and confirmed, by the English Laws, 
and which they conceive every free Englishman is intitled to, whatsoever else may admit of 
Controversy, the People of this Colony think, they have an undoubted, true and intire Property 
in their Goods and Estates, of which they ought not to be divested, but by their free Consents, 
in such Manner and to such Ends and Purposes, as they shall think fit, and not otherwise, if 
the contrary should be admitted, all Notion of Property would cease. Every Man is the most 
proper Judge of his own capacity in giving, and the present extream Poverty of this Country is 
both visible and too apparent, they humbly insist, that since several of their Neighbours, who 
neither bear nor feel our Burthens, are covered by, and more than equally concerned in our 
Defence, ought proportionably to contribute toward it, in the mean Time, this Colony does it s 
utmost. 

The Assembly are sorry to be misunderstood, relating to the Bill, for raising One Thousand, 
Six Hundred and Five Pounds, Ten Shillings, for paying 90 Fuzileers, fyc. They do not there 
take on them, to restrain the Number of Officers, though the Calculation is for the Pay of 90 
Men, including one Captain and two Lieutenants, eye. They are humbly of Opinion, the 
Payment of One Thousand, Six Hundred and Five Pounds, Ten Shi/lings, will strain the poor 
Inhabitants beyond their Ability, and therefore, dare not impose further on them, and the 

28 



218 Journal of the Legislative Council of Neiv York. [ h feS 

mention of the Posting of them, was solely occasioned from the Expression (as they took it) to 
that Purpose in your Excellency s Speech. 

The Argument of which caused the Clause in the Bill, restrictive of the Inhabitants of Albany, 
was that, That Country being a Frontier weak, and wanting Men from other Parts for its Defence, 
but the vicious Corruption of some Officers, many such Persons were excused, paying each Six 
Pounds, and by a List produced in the Assembly, more than a sixth Part of such Men, which 
should have been sent up from hence, were made up (as affirmed by credible Witnesses) of Men 
of that County, some of them remote from Albany, who doing little or no Duty, their Pay was 
misapplied, the designed Defense neglected, and were no Addition to the Strength of the 
Frontiers. 

Mr. Fauconicr, the Accomptant, makes due to the Militia, for Ballance of the Eighteen Hundred 
Pounds Tax, Four Hundred and Twenty-eight Pounds, Ten Shillings and Ten Pence, and by several 
Objections made against divers Misapplications, -both in the Accounts of the Eighteen Hundred 
Pounds, and Thirteen Hundred Pounds Taxes, there appeared, Four Hundred and Eighty-five 
Pounds, Four Shillings and One Penny more, both these Taxes being raised, to be applied for 
the Defence of the Frontiers, and all publick Monies being to be disposed for the support of the 
Government, and not otherwise ; the Assembly were induced to make a Computation accordingly, 
especially since the Instructions from her Majesty to permit, the Assembly from Time to Time, 
to view and examine the Accounts of Money, disposed by Virtue of Laws made by them (in 
their Apprehensions) can have no other Conclusion, and they will have, no doubt, but your 
Lordship, will accordingly take Care, to see those Mistakes rectified. 

My Lord, 

The languishing Estate of her Majesty s Revenue here, cannot be considered without 
melancholy Reflections, the People of this Government (one of the least in the English Empire) 
towards it s Support, having liberally out done all Mankind, and it s feared themselves; the 
Advance or Decay of the Revenue, seems to be the Pulse of the Felicity or Misery of the 
People, and its Decrease is a plain Evidence of the wretched Condition of the Inhabitants, to 
lay any further Impositions on Trade, will be in Effect, a total Prohibition, the present War, 
and many other Accidents, have too unhnppily contributed to its Destruction already. 

Her Majesty s royal Favours, shall ever have that due Impression on their Hearts, which 
becomes dutiful, loyal and affectionate Subjects, sensible of her matchless Justice nnd Bounty, 
and from whom they question not, that Protection and Support, which will prevent the 
unavoidable Ruin, that otherwise must be their Portion. 

Adjourned. 



At a Councill held at ffort Anne, this fourteenth day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORXBUKY, &c., 

SA : SH : BROUGHTON, ^ THOMAS WENHAM, > 

GERRARD BEEKMAN, > Esq MATTHEW LING, > Esq 

RlP VAN DAM, ) KlLLIAN VAN RANSLAER, ) 

The Bill for the Better laying out further Regulating clearing and preserving publick comon 
highways in this Colony and for the erecting and Building a County Jayle and County house in 
the County of Richmond was read the first time and ordered a second Reading. 

His Excellency acquainted the Councill that M r Lakerman from the Assembly had Delivered 
to him the Bill for Levying and Collecting of .1605. 10 s for the paying ninty fuzileers their 
officers Included for ten months and Thirty men with their officers to be Imployed as scouts 
sixty dayes for the Defence of the ffrontiers together with a Message from the Assembly in these 
words, vizt 

Resolved, that it is Inconvenient for this House to admitt of any amendment made by the 
Councill to a Money Bill. 

Ordered, a Message be sent to the Assembly that the Councill Desire a Conference with them 
on the subject matter of the said Message at the fort to morrow morning at nine of the clock 
and that Killian van Renslaer Esq r do carry the said Message. 

His Excellency layd before the board a Message from the Assembly by M r Willet with the 
Ingrossed Bill for the Better and more effectuall discovery and payment of Quitt rents and other 
Annuall Reservations and payments due to her Majtie within this her Majties Colony of New 
York in America and the arrearages thereof the Assembly having made severall amendments 
thereto. 

Ordered, that the same be Referred to the Members of this board or any three of them to 
Examine and Report to this board. 

Adjourned till to morrow morning. 



1704.] Edward Lord Viscount Corribury, Governor. 219 

At a Councill held at ffort Anne in New York, this fifteenth day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBDRY, &c., 

SA: SH: BROUGHTON, } MATTHEW LING, ) -^ r , 

GERRARD BEEKMAN, > Esq KILLIAN VAN RENSLAER, > 

RIP VAN DAM, ) 

The Report of the Gentl of the Councill to whom the Amendments made by the Assembly 
to the Ingrossed Bill for the Better and more effectuall discovery and payment of Quitt Rents 
and other annuall Reservations and payments due to her Majtie within this her Majties Colony 
of New York in America and the arrearages thereof were Comitted being read. 

Ordered, a Message be sent to the Assembly that the Councill desire a Conferrence with 
them on the subject matter of the said amendments at the fort to morrow morning at nine of 
the clock and that Matthew Ling Esq r do carry the said Message. 

Ordered, that the Councill or any five of them be the managers of the s d Conference. 

The Bill for the Better laying out further Regulating Clearing and preserving publick Comon 
highways in this Colony and for the erecting and Building a County Jayle and County house 
in the County of Richmond was read the second time and Comitted to the Council! or any three 
of them. 

Adjourned till to morrow morning. 



At a Councill held at flort Anne in New York, this sixteenth day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBDRT, &c., 

SA : Sn : BROUGHTON, ") MATTHEW LING, ) 

RIP VAN DAM, \ Esq" KILLIAN VAN RENSLAER, > 

THOMAS WENIIAM, ) 

The Report of the Gents of the Councill to whome the Bill for the Better Regulating Clearing 
and preserving of publick Comon highways in this Colony and for the Erecting and Building a 
County Jaile & City and County house in the County of Richmond was Comitted was read and 
approved of & the said bill was read the third time. 

Resolved, the said Bill do passe the Councill. 

The Comittee of the Councill appointed to be managers of the Conference with the assembly 
on the subject matter of the amendments made by the assembly to the Ingrossed Bill for the 
Better & more effectuall Discovery & payment of Quitt rents and other annuall Reservations 
and payments due to her Majtie &c acquainted his Excell that at the said Conference they had 
Delivered to the assembly their reasons for not agreeing to the amendments made by them to 
the s d bill. 

Adjourned. 



At a Councill held at ffort Anne, this 19 A day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

SA : SH : BROUGHTON, ^ THOMAS WENHAM, } T? r . 

GERRARD BEEKMAN, >Esq" MATTHEW LING, j 

RIP VAN DAM, ) 

A Message being sent from the assembly to this board by M r Purdy to Desire a Conference 
with them on the subject matter of the last Conference. 

Ordered, a Conference be held with the assembly accordingly to morrow morning at Eleaven 
of the Clock at the fort, that Rip van Dam Esq r do carry the said Message. And that the 
Councill or any three of them be the managers thereof. 

Ordered, that the Clerk of the Councill do amend the Bill to Repeale the last Clause in An 
Act of Assembly Intituled, An Act for the Quieting and Setling the Disorders that have lately 
happened within this province and for Establishing and securing their Mujties present 
Goverment againsb the like Disorders for the future according to the Consent of the Assembly 
and 

Resolved, that the s d Bill so amended do passe the Councill. 

Adjourned till to morrow morning. 



220 Journal of the Legislative Council of New York. 






At a Councill held at ffort Anne in New York, tlds Twentieth day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : Sn : BROUGHTON, ^ THOMAS WENHAM, 

GERRARD BEEKMAN, > Esq MATTHEW LING, 

EIP VAN DAM, ) 

Sampson Shelton Broughton Esq r Chairman of the Comittee of the Councill appointed to meet 
the assembly at a Conferrence on the subject matter of the last Conference Eeported to his 
Excellency in Councill That the Comee of the assembly had at the s d Conference Dd to them a 
paper Conteyning reasons &c which was read. 

Ordered, that a free Conference be Desired with the assembly at the fort on the subject 
matter of the last Conference on Thursday morning at Eleaven of the Clock, that the Councill 
or any three of them be the managers of the said Conference and that Gerrard Beekman Esq r 
do carry the said Message. 

Adjourned till Thursday morning next. 



At a Councill held at ffort Anne, this 22 A day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA: Sn: BROUGHTON, ) E EIP VAN DAM, ) E 

GERRARD BEEKMAN, 3 THOMAS WENHAM, ) 

The Attorney Generalls Eeport from a Comittee of this board appointed to meet the Assembly 
at a free Conference this day on the subject matter of the last Conference was referred to further 
Consideration. 

Adjourned till to morrow morning. 

23 th May 1704 Adjourned till to morrow morning. 
24 tb May 1704 Adjourned till Munday morning. 
26 th May 1704 Adjourned till Tuesday morning. 

At a Councill held at ffort Anne this 27 M day of June, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA: Sn: BROUGHTON, i THOMAS WENHAM, 

GERRARD BEEKMAN, >Esq" MATTHEW LING. 

EIP VAN DAM, ) 

M r Attorney Generall Dd a Message sent by the Assembly to this board in writing by M r 
Purdy that they consented to alter the Amendment of three Justices of the peace to two in the 
sixth amendment made by the Assembly to the Bill about Quitt rents. 

The Speaker with the whole Assembly being present in the Councill chamber his Excellency 
sayd to them 

[No speech in the Minutes.] 
and adjourned them to the 2 J day of S ber next. 

Then his Excellency gave the assent to the severall Bills following Enacting them and 
ordering them to be enrolled under the seale of the province vizt 

1 st The Bill for granting sundery priviledges and powers to the Eector and Inhabitants of the 
City of New York of the Communion of the Church of England as by Law Established. 

2 d The Bill to Charge the severall Cities and Counties in this Colony with ^143. 10 s . 10 d for 
fitting and furnishing a Eoom for the Generall Assembly with a Lobby in the City hall of New 
York. 

3 d The Bill for the Better Explaining An Act made in the second yeare of her present Miijties 
Eeigne Intituled An Act to oblige persons to pay their arreares of ,1000 tax granted by act of 
Generall Assembly of this Colony in the 12 th yeare of our late Soveraigne King W m the Third 
of Blessed memory for building a fort at Onnondaga for the security of the five nations of Indians 



1704.] Edivard Lord Viscount Cornbury, Governor. 221 

and for the Remedying some irregular proceedings Comitted in Kings County in the Execution 
of the said act. 

4 lb A Bill for the Better Regulating Clearing & preserving publick Comon highvvayes in this 
Colony and for the erecting and Building a County Jaile and City & County house in the County 
of Richmond. 

5 b A Bill for Repealing the last clause In An Act of Assembly Intituled, An Act for the 
Quieting and Setling the Disorders that have lately happened within this Province, and for 
Establishing and securing their Majties present Goverment against the like Disorders for the 
future. 

Then his Excellency with the Councill and Assembly went to the City hall of the City of 
New York where the said Acts were publickly read by the Clark of the Councill. 



NINTH ASSEMBLY FIFTH SESSIONS. 
At a Councill held at ffort Anne in New York, this Sixth day of October, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA: SH: BROUGHTON, ) -^ THOMAS WENHAM, Esq r 

RIP VAN DAM, 5 *** 

Severall of the members of the Generall Assembly not being yett come to town 
Ordered, a proclamation issue for adjourning the Generall Assembly untill Thursday the 12 th 
Instant. 



At a Councill held at ffort Anne this 12" day of October, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

SA : Sn : BROUGIITON, ) -p 
GERRARD BEEKMAN, 5 

His Excellency ordered the Clark of the Councill to acquaint the Generall assembly to 
attend his Lordship in Councill at the fort Imeadiately which being done and the Generall 
assembly being present his Excell sayd 

Gentlemen, 

The Assembly of New-Jersey, having detained me some Days longer than at first I intended, 
and the Season of the Year being so far advanced, are the Reasons which induce me to recommend 
to your Considerations for this Sessions, as few Things as may be, and indeed the two chief 
Things, which I most earnestly recommend to you, to be provided for at this Time, are the low 
Condition of the Revenue, and the Defence of the Frontiers; I did in June last, recommend to 
you Gentlemen, of the House of Representatives, to lay an additional Duty, on certain 
Commodities, which had been granted by a former Assembly of this Province, but expired, 
when I recommended that to you, I did it, as a Thing, which in my Judgment, would in some 
Measure help the Revenue, without any Burthen upon the People. Some Gentlemen, were 
then of Opinion, that such an additional Duty, would be a Clogg upon the Trade of this Place ; 
if they have taken the Pains to enquire into that Matter, I do not question but they will be of 
another Mind ; for my Part, I did enquire of some of the most considerable Merchants of this 
City, who told me, that such a Duty, would have been rather a Help, than a Hindrance or Clogg 
to the Trade of this Place, being well persuaded, that those Gentlemen were right in their 
Opinions, I once more recommend the Consideration of such a Duty to you, or else, that you 
will consider of some other Method, to enable her most Sacred Majesty the Queen, to support 
the necessary Charges of the Government, which the present Revenue will not do ; the next 
Thing, is the Defence of the Frontiers of this Province, in order to that, I did in July last, order 
a Detachment of 100 Men, out of the Militia for that Service, the greatest Part of that Number 
did go up to Albany, and have been posted in the Places most convenient for the Defence of the 
Country, which has kept us quiet this Summer. I think they ought to be kept there till the 



222 Journal of the Legislative Council of New York. [SolsSJS 

last Day of March next at least, and that some Out-Scouts, should be raised for this Winter ; I 
therefore recommend it to you, Gentlemen of the House of Representatives, to prepare such a 
Bill, as may raise a Sum sufficient, for the paying the Men that have been sent up, and for the 
Out-Scouts, with such contingent Charges, as may be necessary for their going to Albany, and 
returning home again, if there is any Thing, else that may be reasonable to be Enacted at this 
Time, you shall find me ready to embrace all Occasions of doing such Things as may be for the 
Good of her Majesty s Subjects in this Colony ; I have nothing further to recommend to you at 
this Time, but Unanimity in your Consultations, and Dispatch in the Matters before you. 

Adjourned till Tuesday the 17 th Instant. 
17 th October 1704 Adjourned till Thursday 19 th inst. 
19 lh October 1704. Adjourned till to morrow morning 
20 1 " October 1704. Adjourned till Tuesday morning 
24 tb October 1704. Adjourned till Thursday morning 



At a Councill held at ffort Anne this 26" day of October, 1704. 

PRESENT His Excellency EDWAKD Viscount COENBURT, &c., 

W m SMITH, "} CALEB HEATIICOTE, ") 

PETER SCHUTLER, / THOMAS WENIIAM, > Esq" 

SA : SH: BROUGHTON,xEsq" KILLIAN VAN RENSLAER, ) 

GERRARD BEEKMAN, V 
RIP VAN DAM, j 

Myndert Schuyler and John Jackson Esq" from the Assembly having layd before the Councill 
a Bill Intituled, An Act for the Defence of the frontiers, the same was read the first time and 
ordered to have a second reading 

Stephen Delancey and Thomas Gorton Esq" from the Assembly Desire that Jonathan 
Whitehead Esq r who hath been Elected to serve in the Assembly for Queens County in the 
room of his father Daniell Whitehead Esq r lately Decead may take the usuall oathes in order 
to Qualifie himself to take his place in the said house. 

The said Jonathan Whitehead Esq r took the oathes appointed by act of parliament to be 
taken instead of the oathes of allegiance & Supremacy and subscribed the Test & swore to and 
subscribed the abjuration oath in Councill 



At a Councill held at ffort Anne this 27" day of October, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ~\ CALEB HEATIICOTE, ^ 

PETER SCHUTLER, / THOMAS WENHAM, > Esq" 

SA: SH: BROUHTON, VEsq" KILLIAN VAN RENSLAER, ) 

W ra LAWRENCE, t 
GERRARD BEEKMAN, J 

The Bill Entituled, An Act for the Defence of the ffrontiers was read the second time and 
Comitted to the Councill or any three of them. 
Adjourned. 



1704] Edward Lord Viscount Cornbury, Governor. 223 

At a CouncUl held at fort Anne this 3 d day of November, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ) THOMAS WENHAM, ) 

PETER SCHUYLER, > Esq KILLIAN VAN RENSLAER, ) 

W m LAWRENCE, ) 

The Eeport of Coll" William Smith Chairman of the Comittee of the Councill to whom the 
Bill Intituled, An Act for the Defence of the ffrontiers was Comitted was read, and the 
Said Bill together with the Amendments was read the third time and passed the Councill, and 
ordered to be sent down to the Generall assembly for their assent to the said Amendments 
and Killian van Ilenslaer desired to carry the same 

Adjourned till to morrow morning. 



At a CouncUl held at ffbrt Anne this fourth day of November, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

"W m SMITH, ^ WILLIAM LAWRENCE, ^ 

PETER SCHUYLER, > Esq" KIP VAN DAM, > Esq" 

SA: SH: BROUGHTON, ) KILLIAN VAN RENSLAER, ) 

A Message from the Assembly by Evert Banker and John Abeele Esq" acquainting this board 
with the Resolve of the Assembly made last meeting That it is Inconvenient for this house to 
admitt of any amendment made by the Councill to a Money Bill. 

His Excellency ordered the Clark of the Councill to acquaint the Generall Assembly that his 
Lordship required their attendance Imeadiately at the fort. 

The Clark of the Council! Returning acquainted his Excellency that he found only the Clark 
of the Assembly in the said house, who acquainted him that the Assembly had adjourned 
themselves till Tuesday morning. 

Ordered, that the Clark of the Councill do find out the Speaker of the Generall Assembly 
and acquaint him that his Excellency Requires his attendance with the Assembly on Munday 
morning next at Eleaven of the clock. 

Adjourned till Munday morning Eleaven of the clock. 



At a Councill held at ffort Anne this sixth day of November, 1704. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

W m SMITH, ^ WILLIAM LAWRENCE, ) rj 

PETER SCHUYLER, V Esq" KILLIAN VAN RENSLAER, } 

SA : SH : BROUGHTON, ) 

In obedience to the order of this board of the 4 th Instant the Speaker with the Assembly being 
present in the Councill Chamber his Excellency DISSOLVED the said Generall Assembly, and 
Declared that in a short time he would issue writts for the Electing of a new Assembly to meet 
and sitt in the spring. 



[ IN EXECUTIVE SESSION. ] 



14 March, 



Ordered, the Secretary do issue Writts for a Generall Assembly to be elected to meet and sitt 
one the first day of June next. 



TENTH ASSEMBLY FIRST SESSIONS. 
At a Council held at Fort Anne in New York, this 9" day of June, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ) -pi 1 ROGER MOMPESSON, > -p r , 

THO : WENHAM, 5 ^ S(1 JOHN BARBARIE, > 

His Excell acquainted this Board that this being y e day y e Assembly was to meet according 
to adjournm & y e Clerk of y e Assembly having attended him, lie did order him to enquire 
what members were in Town who being returned did acquaint his Excell That there were only 
Eleven of y e members in Town who not being a sufficient number to choose :i Speaker 

Ordered, that a Proclamaon be Issued to adjourn the said Assembly till Munday next being 
y e ll lh Instant & y all y e members be required to give their attendance. 



At a Council held at Fort Anne in New York, this 11 * day of June, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, 1 JOHN BARBARIE, ) -r, 

THO : WENHAM, V Esq" ADOLPH PHILIPS, > 

ROGER MOMPOSSON, ) 

A Message from his Excell by y e D Clerk of y e Council to y e house of Representatives 
comanding y c Gents of y 1 house to attend his Excell in Councill immediately. 

The Representatives having attended his Ex cy accordingly he was pleased to direct them to 
Repair to y e house in order to choose a Speaker to be presented to him for his approbaon y 
thereby they might be Enabled to act as a House. 



At a Council held at Fort Anne in New York, this 14" day of June, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, } JOHN BARBARIE, ) E 

THO. WENHAM, > Esq" ADOLPH PHILIPS, ) 

ROGER MOMPESSON, ) 

A Message from his Excell by y e D Clerk of y e Council to y 6 house of Representatives 
commanding their attendance on him in Council immediately, w cb they accordingly did & 
presented M r W m Nichols to be their Speaker who was approved of and all the members of y e 
Assembly who were then present having taken y e oaths as y e Law directs his Excell did then 
make unto them y c following speech viz 

Gent : 

I am sorry y e Queens service in y e neighbouring Province & y e ill weather we have lately 
The Govre speech had has hindred me from meeting this assembly so soon as I intended, however I 
to >-e assembly. hope we will still have time enough to dispatch such things as may be necessary 
to be provided for at this time those w ch I shall more particularly recomend to y e Care of you 
Gentlemen of y e house of Representatives, are these, first y a sum may be provided sufficient 
to pay one hundred Fuzeleers & Fifty outscouts w lb their proper officers to be sent to Albany & 
places adjacent for y e defence of y e Frontiers for one year & likewise y provision may be made 
for their going up to & Returning from Albany & likewise for bedding for them while they are 
there, this is of absolute necessity at this time because I have rece d an acco 1 of a design of the 
Waghana Indians w th sev" other nations in Amity w lb y e French to attack our five nations, who 
if they see, y we are either not willing or not able to support & defend them ag st their enemies 
will y e more easily be perswaded to go over to y e French y 6 ill Consequence whereof are so well 
known y I need not mention them to you nor will 1 trouble you w lh any particulars of this 
news because I had it from those Gentlemen who are chosen to serve for this Assembly in y e 
County of Albany & who are well able to inform you of y e truth of y 1 matter 



1705.] Edward Lord Viscount Cornbury, Governor. 225 

The next thing I recomend to your care is, y e providing such a sum as may be sufficient to pay 
& defray y e Charges of the Detachm sent up to Albany for y e defence of y e Fronteers last Fall, 
an acco whereof shall be laid before you I must take notice to you y l y e Bill for settling y e militia 
w cb was pass d in the year 1702 is Expired by its own Limitation I think tis very necessary y* 
Act should be reviv d. 

The Difficulty s w cb some very worthy ministers of y e Church of England have met w th in 
getting y e maintenance settled upon them by an Act of Gen" Assembly of this Province passed 
in y e year 1093, moves me to propose to you y passing an Act Explanatory of y e aforementioned 
Act ; y those worthy good men, who have ventured to come so far, for y e service of God in his 
Church, and y e Good & Edification of y e people, to y e Salvation of their souls, may not for the 
future be vexed, as some of them have been, but may Enjoy in Quiet y maintenance w cb was 
by Law provided for them ; I further Recomend to you y e passing an Act to provide for y e 
maintenance of some ministers, in some of y e Towns, at y e East End of Long Island where I 
do not find any provision has been yet made for the propegating Religion 

The next thing w cb I think does very highly deserve yo r serious thoughts, is, y e laying a 
Duty upon all European Goods imported into this Colony, from any of y e neighbouring 
Provinces; whereas now those Goods pay no greater Dutys than those which come directly 
from Engl d . I did recomend this matter to y e last assembly, and I m aff raid y e not doing of it at 
y time, has been a Considerable prejudice to y e Trade of this Province, & I am perswaded y 
unless Effectual care be now taken in y matter, y e Trade of this place will not only become 
precarious, but our navigation will be entirely Ruined ; I am of opinion it would be very proper 
to lay a Duty upon all Rum, and other spirits Imported from any place whatsoever Except 
England, & her Ma tys Islands in y e West Indies; I therefore Earnestly Recomend to yo r care y e 
preparing such a Bill as may Effectually answer y e Ends proposed 

I further Recomend to yo r Consideration whether y e passing an Act to discourage y* 
Exportation of Corn, & to Encourage y e Exportation of Flower from this Province would not 
be of good advantage to Trade. 

I observe y during y e late War, at a time when much greater sums were given for y e Defence 
of y e Frontiers, than have ever been demanded since y e beginning of this, y e Assemblys in those 
times thought fit to Grant sev" sums of money towards the discharging of y e Debts of y e 
Province, whether it is not as reasonable to take y fe same methods now, to discharge y e Debts 
that were Contracted before my coming to this goverm I leave to yo r Consideration only I 
think it a Duty in Cumbent on me, to put you in mind of it, y y e people to whom these Debts 
are due may not think themselves neglected. 

I am of opinion it will be necessary to pass An Act to prevent y e clipping & Defacing y e 
Forreign Coin w ch has Currency in this Province ; and another for y e more Effectual Suppressing 
of Scandalous Houses & Bawdy Houses & to prevent scandalous women from coming t rom y e 
neighbouring Provinces to live in this ; and another to punish negros Indian & molatto slaves, 
& to prevent their Running away from their masters. 

These gentlemen are y e things I thought fit to propose to yo r Considerations at this time, I 
must now acquaint you y 1 her Most Sacred Ma ty has been pleased to order y for y e future no 
Gov r Lieu Gov r Commander in Chief of this Province shall receive any Gift or present from 
y e Countrey, which order you will find Entred in yo r Journals, all y e Return the Queen Expects 
for y e Easing you of y e Burden of those presents is, y you contribute more freely to y e defence 
of y e Countrey. 

I have nothing more to offer to you at this time, only unanimity in yo r Consultaons, & dispatch 
in y e matters before you. 

If any thing occurs to you w ch you think may be for y e service of y e Queen & y e good of y e 
Countrey, you shall always find me ready not only to hear it but to Joyn heartily w lb you to 
promote anything y is reasonable. 

Adjourned. 



At a Council held at Fort Anne in New York, this 28 th day of June, 1705. 

PRESENT His Excellency EDWARD Viscount CORXBURY, &c., 

PETER SCTIUYLER, } ROGER MOMPESSOX, ) 

RIP VAX DAM, f -r, Jonx BARBERIE, 



, j 



THO. WENHAM, ( ADOLPII PHILIPS, 

CALEB HEATHCOTE 



A Message from y* house of Representatives by Cap Garton and Cornelius Sebering desiring 
that M r Sam ;l Mulford who was Elected & Returned one of y e members to serve in this present 
assembly for y e County of Suffolk upon Nassaw Island may take y e oaths appointed by Law in 

29 



226 Journal of the Legislative Council of New York. 



10th AsBeir. 
1st SKBB O. 



order to qualify him to sit in y House accordingly y e s d M r Mulford did take y e oaths appointed 
by act of parlia to be taken in stead of y e oaths of Supremacy & allegiance took & subscribed 
y e association & subscribed y e Test. 



At a Council held at Fort Anne in New York, this 5 th day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

PETER SCHUTLER, "} ROGER MOMPESSON, ~) 

GERRARD BEEKMAN,/ JOHN BARBERIE, > Esq" 

EIP VAN DAM, >Esq" ADOLPH PHILIPS, ) 

CALEB HEATHCOTE, y 
THO. WENHAM, J 

His Ex CT acquainted this board y he had rece d from y e H 1 of Representatives sev" Bills which 
they had past to w cb they desire y e Concurrence of this Board. 

The Bill Entituled, An Act for y e better explaining and more Effectuall putting in Execution 
An Act of Gen" assembly entituled, An Act for settling a ministry & Raising a maintenance for 
them in y e Citty s of N York, Countys of Richmond, West Chester & Queens County was read 
y e 1" time and ordered a second Reading. 

The Bill Entituled, An Act for Enforcing and Continuing the Act for Encouraging a Post 
Offi.ce in this Province of N. York for three years from y e month of October w cl1 was in y e year 
1704, was also read the first time & ordered to be read a second time. 

The Bill Entituled, An Act to prevent y e Running away of negro slaves out of y e City & 
County of Albany to y e French at Canada was also read the l sl time & ord j a 2 d Reading. 

And also a Bill Entituled, An Act to Enable y e Justices of y e peace for y e City & County of 
Albany to raise y e sum of .100 for y e Repairing or Rebuilding of a Comon Goal & City & 
County Hall over & above the sum of 400 they were enabled to Raise by An Act of Gen" 
assembly made in y 2 d year of her Ma" 8 Reign Entituled, An Act to Enable y e Justices of y e 
peace for y e City & County of Albany to Repair or Rebuild a Comon Gaol City & County Hall 
for y e s d City & County & to pay y e arrears of their public Charge was also Read y e 1 st time and 
ordered a second Reading. 

His Ex cy acquainted this Board y he had Received a Messnge from y e H of Representatives 
acquainting him That y e House had pasta Bill Entituled, An Act for y e Levying & Collecting 
y e sum of seventeen hundred pounds for y e defence of y e Frontiers w ch was read y e first time & 
ordered a second Reading 

Ordered, That y e Attorney Gen" be directed to prepare a Bill to prohibit the Exportaon of 
all manner of Corn in Grain out of this Colony 

And also another Bill for y e preserving & encouraging y e Trade & navigaon of this Province 
by laying an Additional Duty on all European Commodities y shall be Imported into this 
Colony but not directly from England. 

Ordered, That a Warr 1 Issue to y e Attorney Gen" to prepar Letters Patents to y e Rector & 
Trinity church. Inhabitants of y e City of N. York in Comumon of y e Church of Engl d as by Law 
Established, for y e parcel of Land Commonly known & called by y e name of the Queens Furm, 
& also for y lot of Ground lying & being in y e City of N. York, near to Trinity Church 
commonly called & known by y e name of y e Queens Garden. 



At a Council held at Fort Anne in Neiu York this & h day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ^ CALEB HEATHCOTE, ^ 

GERARD BEEKMAN, > Esq" THO. WENHAM, >Esq" 

RIP VAN DAM, ) ADOLPU PHILIPS, ) 

The Bill Entituled, An Act for Levying & Collecting y e sum of .1700 &c was Read y e 2 d 
Time & Committed to y c Gent, of y e Council or any 3 of them 

The Bill Entituled, An Act for y e better Explaining & more Effectual putting in Execution 
An Act of Gen" Assembly entituled, An Act fur settling a Ministry &c was also read y e 2 d Time 
& Comitted to y e Gent, of y 6 Council or any 3 of them 

The Bill Entituled, An Act for enforcing & Continuing the Act for Encouraging a Post office 
&c was also read y e 2 d time & Comitted to y e Gent, of y e Council or any 3 of them. 

The Bill Entituled, An Act to Enable y e Justices of y e peace for y e City & County of Albany 
to raise y sum of .100 &c was also Read y e 2 d Time & Committed to y e Gentlemen of y* 
Council or any three of them 



1705.] Edward Lord Viscount Cornbury, Governor. 227 

The Bill Entituled, An Act to prevent y e Running away of negro slaves &c was also read 
y e 2 d Time & Comittecl to y e Gent, of y e Council or any 3 of them. 

M r Attorney General (according to order) did lay before this Board a Bill Entituled, An Act 
for Reviving & Continuing sev" Acts of Assembly Expired by their own Limitaon made in y e 
1 st & 2 d years of her Ma tJ " Reign for the better settling & Regulating the Militia of this 
Province. 



At a Council held at ffort Anne in New York this 1 th day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } JOHN BARBERIE, > -p r , 

THOMAS WINHAM, > Esq ADOLPH PHILIPS, j 

ROGER MOMPESSON, ) 

Roger Mompesson Esq r Reported from y e Comittee of y e Council to whom y e Bill Entituled, 
An Act for Levying & Collecting y e sum of ,1700 &c was referred that they had gone thro y e 
sd Bill & made sev" amendm" thereto w ch he read in his place and afterwards delivered in at 
y c Table where y e same were read and agreed to & y e s d Bill order d to be read y e 3 d time 
w y e amendm" 

His Excell acquainted this Board y he had Received a Message from y e House of 
Representatives, acquainting this Board y l y e House had past a Bill Eotituled, An Act for 
defraying y Common & necessary Charge in y e mannor of Renslaerwick in y* County of Albany, 
to w cb they desire y e concurrence of this Board and the said Bill was read the first time and 
ordered a second reading 

M r Attorney General (according to order) presented to this Board An Act for Encouraging & 
preserving y e Trade & Navigation of this Province by laying an additional Duty on all European 
Commodities w cb shall be Imported from any other place than directly from England w ch was 
read y e first time & ordered a 2 d Reading. 

M Attorney General did also (according to order) present to this Board a Bill Entituled, An 
Act to prohibit y e Exportation of all wheat & other corn in Grain out of this Province which 
was read y e first time & ordered a 2 d Reading. 

Roger Mompesson Esq r Ch Justice Reported from y e Comittee to whom y e Bill Entituled, An 
Act to prevent y e Running away of Negro slaves &c That they had gone thro y e s d Bill & made 
an ameudm to y e same w ch was read & aggreed to by y e Board & 

Ordered, that y e s d Bill w lh y amendm" be read y e 3 d Time. 

He also Reported That y e said Comittee had gone thro the Bill Entituled, An Act to Enable 
y e Justices of y e peace for y e City & County of Albany to Raise y e sum of <100 &c. 



At a Council held at Fort Anne in New York, this 10 * day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ? v rs THO WENHAM, ) 

RIP VAN DAM, 5 ^ S( l ADOLPH PHILIPS, J 

The Bill Entituled, An Act for y e better Explaining & more effectually putting in Execution 
An Act of Gen" Assembly Entituled, An Act for Settling a Ministry &c was read y e Third time 
w lk the Amendments. 

Resolved, that y e said Bill with the amendments do pass. 

Ordered, that M r Philips do carry the said Bill to y e Assembly & acquaint them that this 
Board have agreed to y e same w tb some Amendm" to w ch they desire the Concurrence of 
this house. 

The Bill Entituled, An Act to prevent y e Running away of Negro slaves &c was also Read 
y" 3 d time w th y e Amendment. 

Resolved, That y e said Bill w th the amendment do pass & 

Ordered, that M r Philips do also carry back y e s d Bill to y e Assembly & acquaint them y this 
Board have agreed to y e said Bill w lh one amendm to w cb they desire y e Concurrence of 
this House. 

The Bill Entituled, An Act for enforcing & Continuing y Act for encouraging a Post Office 
&c was likewise read y e 3 d time. 

Resolved, The Bill do pass. 

Ordered, that M r Philips do acquaint y e house of Representatives y 1 this Board have agreed 
to y 8 s d Bill without any amendment. 



228 Journal of the Legislative Council of New York. [ Hi 



loth An?em. 
Sesa n. 



The Bill Entituled, An Act to prohibit y e Exportaon of all wheat & other corn in grain &c 
was read y e 2 d Time & Comitted to the Gentlemen of her Ma lys Council for this Province or any 
three of them. 

The Bill Entituled, An Act for Encouraging & preserving the Trade &c was also Com ed to y e 
said Comittee. 

The Bill Entituled, An Act for defraying y e comon & necessary Charge in y e manner of 
Reuslaerwick in y e County of Albany was Read y e 2 d Time & Comitted to y e Gent of y e Council 
or any three of them. 



At a Council held at Fort Anne in New York, this 11 * day of July, 1705. 

Esq" 



PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

PETER SCHUYLER, } TIIO WINHAM, 

RIP VAN DAM, > Esq ADOLFH PHILIPS, 



CALEB HEATHCOTE 

Coll "Wenham Reported from y e Comittee to whom y e Bill Entituled, An Act to prohibit the 
Exportaon of all wheat &c was Comitted That they had gone thro y e s d Bill & made sev" 
Amendm" to y e same, w ch he read & being severally read at y e table were upon y e Question put 
agreed to. 

Ordered, that y e said Bill with y e amendm" be Engrossed. 

Coll Wenham also Reported That they had gone thro y e Bill Entituled, An Act for Reviving 
& Continuing of sev" acts. 

& had made one amendm thereto w ch he read in his place & being read at y e Table was upon 
y e Question agreed to. 

Ordered, That y e s d Bill with the amendm be Engrossed. 

A Message from y e House of Representatives by M r Whitehead acquainting this Board y y e 
House had sent a Bill Entituled, An Act for y e preservaon of Deer to which they desire y e 
Concurrence of this House. 

The said Bill was accordingly read y e first time & ordered a second Reading. 

Coll Wenham Reported from y e Com to whom y e Bill entituled, An Act tor Encouraging & 
preserving of Trade &c y they had gone thro y e s d Bill & Reported y e same without any 
amendment. 

Ordered, That y e said Bill be Engrossed. 

Coll Wenham also Reported That y e said Comittee had gone thro the Bill Entituled, An Act 
for defraying y e Comon & necessary Charge in y e manner of Renslaerwyck in y e County of 
Albany, w lh out any amendment. 

The said Bill was then Read y e Third time & past. 

Ordered, That Coll Heathcote do carry y e s d Bill to y e House of Representatives & acquaint 
them y this Board have agreed to y e same w h out any amendment. 

A Message from y e House by M r Hen Renslaer acquainting this Board y y e House have agreed 
to y e amendm" made by the Council to y e Bill Entituled, An Act to prevent y e Running away 
of negro slaves out of y e City & County of Albany to y e French at Canada. 

The Bill Entituled, An Act for y c Levying & Collecting the sum of =1700 &c was read y e 3 d 
time w h y e amendments. 

Resolved, That y e s d Bill w tb y e amendm" do pass. 

Ordered, that Coll Heathcote do carry y e s d Bill to y e House of Representatives & acquaint 
them y this Board have agree to y e same w th some amendm" to w ch they desire y e Concurrence 
of this House. 



At a Council held at Fort Anne in New York, July if 12 *, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUTLER, ~\ THO. WENHAM, ^ 

GERARD BEEKMAN, \ T? ROGER MOMPESSON, > Esq" 

RIP VAN DAM, f ADOLPH PHILIPS, ) 

CALEB HEATHCOTE, j 

The Bill Entituled, An Act to Prohibit y e Exportaon of all Wheat &c was read y e 3 d Time. 
Resolved, The Bill do pass. 

Ordered, that Coll Wenham do Carry y e s d Bill to y e House of Representatives & acquaint 
them y 1 this House have past y e same & desire their Concurrence thereto. 



1705.] Edward Lord Viscount Cornbury, Governor. 229 

The Bill Entituled, An Act for Reviving & Continuing sev" acts of Assembly expired by their 
own limitaon made in y e 1" & 2 d years of her Ma"" reign for the better settling & regulating 
the militia of this province was read y e 3 d time. 

Resolved, That y e Bill do pass. 

Ordered, that Coll Wenham do also Carry this Bill to y e House of Representatives & acquaint 
them that this House have past y e said Bill to w cl1 they desire y e Concurrence of y l Board. 

The Bill Entituled, An Act for y e preservation of Deer was read the second time & ordered a 
3 d Reading. 



At A Council held at Fort Anne in New York, this 13 A day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLEE, ^ THO. WENHAM, ^ 

RIP VAN DAM, > Esq ROGER MOMPESSON, > Esq" 

CALEB HEATHCOTE, ) ADOLPH PHILIPS, ) 

The Bill Entituled, An Act for y e Encouraging & preserving of Trade &c was read y Third 
Time. 

Resolved, That y e said Bill do pass. 

Ordered, that Coll Heathcote do carrey y e s d Bill to y e House of Representatives & acquaint 
them that this Board have past the s d Bill & desire their Concurrence thereto. 

His Excell acquainted this Board That he had rece d a Message from y e Assembly acquainting 
this Board y y e House had past a Bill Entituled, An Act for y e Raising y e sum of Two hundred 
pounds fory e paying of Cap 1 John Brat & his Cornp" sent out last winter as Scouts to attend y* 
motion of the enemy and tor defraying the Incidental Charges w cb was read y e first time & Ordered 
a second Reading. 

The Bill Entituled, An Act for y e Preservation of Deer being read y e 3 d Time was past. 



At a Council held at Fort Anne in New York, this 14"" day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCIIUYLER, ) THO. WENHAM, 



) F THO. WENHAM, ) 

, ) S( ^ ADOLPH PHILIPS, 5 



CALEB HEATHCOTE, 

The Bill Entituled, An Act for raising y e sum of .200 &c was read the second time & Ordered 
to lye upon y e Table. 

A Message from the Assembly by M r Van Brunt & Coll Henry Beekman w lh y e Bill Entituled, 
An Act for levying & Collecting y e sum of ,1700 w ch had been return d from this Board w h 
amendments acquainting this Board of the Resolve of that House viz That it is inconvenient for 
this House to admit of an amendment to a money Bill. 



At a Councill held in Fort Anne in New York, this 17" 1 day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, > F THO. WENHAM, ] F 

RIP VAN DAM, 5 * ADOLPH PHILIPS, } 

A Message from y e House of Representatives by M r Sam" Mulfoi d acquainting this Board that 
y e house had past a Bill Entituled, An Act for Reviving & Continuing An Act Entituled, An 
Act for Regulating Slaves, to w cb they did desire y e Concurrence o 1 this Board ; The said Bill 
was read y e first time & Ordered a 2 d Reading. 

The Bill Entituled, An Act for Settling y e Militia was read y e 2 d Time & Comitted to y e Gent 
of y e Council or any three of them. 



230 Journal of the Legislative Council of New York. 

At a Council held at Fort Anne in New York, this 18 * day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ) F ROGER MOMPESSON, > ^ rJ 

THO. WENHAM, 5 ADOLPH PHILIPS, 5 ^ sq 

His Excell acquainted this Board y he had rece d a Message from the Assembly acquainting 
this Board y that House had past a Bill Entituled, An Act for an allowance to y e Burgess of y e 
Burrough of West Chester which was read y e first time & Ordered a 2 d Reading. 

That they had also past a Bill Entituled, An Act for Continuing An Act for laying out 
Regulating Clearing & preserving public common Highways thro out this Colony, w ca was also 
read y e first time & Ordered a 2 J Reading. 



At a Council held at Fort Anne in New York, this 19 * day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

GERARD BEEKMAN, > -p ROGER MOMPESSON, ) rs 

THO. WENIIAM, > ^ ADOLPH PHILIPS, ) S 1 

Ordered, That y e Bill Entituled, An Act for raising y e sum of 200 &c be Comitted to y e 
Gent of the Council or any three of them 

The Bill Entituled, An Act for an allowance to y e Burgess of y e Burrough of West Chester 
was read y e 2 d Time, & 

Ordered, to be Comitted to y e Gentlemen of the Council or any three of them. 

Also y e Bill Entituled, An Act for Reviving & Continuing An Act for Regulating of Slaves 
was read y e 2 d Time. 

And also y e Bill Entituled, An Act for Continuing An Act for y e laying out &c was read the 
2 d Time 

Ordered, That both y e said Bills be Committed to the Gentlemen of the Council or any three 
of them. 

John Williams & Joseph Williams having obtained leave of this Board did present to y e same 
a Bill Entituled, An Act for y e making void a certain deed poll Executed by Jn Williams & 
Hope Williams of Oyster bay in Queens County by w ch they conveyed certain lands within y e 
Township of Oyster bay to Joseph Mayo, John Mayo & Anthony Wright y e same being unduly 
obtained w ch was read y e 1" Time. 



At a Council held at Fort Anne in New York this 26 * day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

GERRARD BEEKMAN, } ROGER MOMPESSON, ~) 

RIP VAN DAM, > Esq JOHN BARBERIE, > Esq r> 

THO. WINHAM, ) ADOLPH PHILIPS, ) 

His Excell sent a message to y c House of Representatives by y e D Clerk of y e Council 
Requiring the house to attend him in Council Immediately. 

Accordingly the Speaker with the House having attended his Lo? he was pleased to make 
unto them the following speech : 


Gentlemen, 

The occasion of my Requiring yo r attendance at this time is to acquaint you That upon a 
French Privateers coming upon this Coast, & even to y e very mouth of y e Harbour, the 
Gentlemen of her Ma t)! Council for this Colony were of opinion w" 1 me y all proper ways & 
means were to be used to take destroy or drive away y e sd privateer from this Coast in order to 
y e effecting whereof I did order sev" vessels to be fitted for that service, but y e people being 
Generally unwilling to go upon y service without some Incouragem I was advised to Issue a 
Proclamaon, promising a Reward of Two Thousand five hundred pcs of Eight to be divided 
amongst all such persons as should voluntarily engage in y service, provided y e said privateer 
was taken or otherwise destroyed, y e vessels were manned w tb about 350 men, were victualled 
for ten days, & sailed to the Hore-Kills in search of y e Privateer, but had not y e Good fortune 
to meet w th him, y c Revenue being so low y* it will not answer the necessary charge of the 
Goverm* is entirely unable to answer this necessary Charge I therefore thought it proper to 



1705.] Edward Lord Viscount Cornbury, Governor. 231 

acquaint you w" it & lay before you an acco of what this Expedition has amounted unto w ch I 
have in my hnnd, & I leave it to you to Consider whether it will not be reasonable y some 
Reward be given to y e officers & men who have been Imployed in that service 

Gentlemen, I am commanded by her Most Sacred Ma ^ y r Queen to acquaint you w th several 
acts of parliam 1 lately past in England which are these 

An Act to Encourage the Importing of naval stores from her Ma* " plantaons in America. 
This act is Chiefly contrived for y e Good of these parts of y e World ; I hope y e people of this 
Colony will apply themselves heartily to y e promoting of y Trade as much as possible w cb will 
be of very great advantage to them, as well as to y e Kingdom of England. The Queen is 
likewise pleased to Command me to Recomend to you y e passing of such acts of Assembly as 
may make the said act of parliam most useful & effectual. The other two acts are An Act to 
prohibit all Trade & Commerce w h France. And An Act to prevent all Treaterous 
Correspondence w lh her Ma lys Enemies to w cb her Ma ty expects punctual compliance from all her 
subjects. 

I am further commanded by y e Queen to move this assembly to move to Raise a fund for 
purchasing military stores & for y e supplying other uses as y e defence of y e Province may 
Require; I hope you will comply with her Majesty s Expectations y 1 y e Goverm may be in a 
Condition to defend itself ag st any Insult of y e Enemy. 

I must further acquaint you that I have lately rec ed a Letter from y e R Hon ble y e Lords 
Comiss" for Trade & Plantaons in w ch they express themselves thus [We conceive no reason 
why y e Council should not have Right to amend all Bills sent to them by y e Assembly even 
those relating to money] This I hope will put an end to y e difference w ch has arisen of late 
between this Board & y 6 House of Representatives, if you are desirous to have a Copy of y e 
whole clause you shall have it 

His Excellency further acquainted this Board y since y e last sitting he had rec ed two Messages 
from y Assembly 

One of y s d Messages was to acquaint this Board : That y e House could not agree to y* 
amendm" made by y e Council to y e Bill Entituled, An Act for y e better Explanaon & more 
Effectual putting in Execution An Act of Gen" Assembly Entituled, An Act for settling a 
Ministry &c 

Resolved, That this Board do not Insist upon their Amendm 19 to y e s d Bill and 

Ordered, that M r Barberie acquaint y e House thereof. 

The other Message was to acquaint this Board: Y 1 y e House had past a Bill Entituled, An 
Act to Enable Will. Bradford of y e City of New York Printer to sell & Dispose of the Real 
Estate of .John Dewsbury late of Oyster bay of Queens County within this Colony dece d for 
y e paym of Debts. 

M r Philips Reported from y e Comittee to whom y e Bill Entituled, An Act for an allowance 
to > e Burges of y e Burrough of West Chester was Referred, That they have gone thro y e Said 
Bill & made some amendm" to y e Same w ch he read in his place, & the Question being put upon 
them sev" y were agreed^lo. 

And the said Bill being read y e Third with the Amendments was past. 

M r Philips also Reported from y e s d Comittce that they had gone thro y e Bill Entituled, An 
Act for y e Continuing An Act for laying out &c & made several Amendm" thereto w clj he read 
in his place & afterwards delivered y e Same in, when they were also read & y e Question being 
put upon y Severally they were agreed to. 

And the Said Bill with the Amendments was read y e Third Time & passed. 

Ordered, That M r Barberie do carry y e s d two Bills to y e Assembly & Acquaint them That 
this Board has agreed to y e same with some amendments to each to which they desire y e 
Concurrence of this House. 

The Bill Entituled, An Act for y e making void a certain Deed Poll Executed by Jn 
Williams &c 

Ordered, That y e s d Bill be Committed to y e Gentlemen of ye Council or any three of them 
and y y e persons concerned be served w lh a Copy of y e Said Bill & be Ordered to Attend this 
day sennight to offer their Reasons if any they have why the Bill should not pass. 

The Attorney Gen 11 presented unto this Board a Bill Entituled, An Act to prevent Frauds & 
Abuses in y e Exportation of Tar, Pitch, Rozin & Turpentine from this Province directly for 
England which was read y e first Time and Ordered a Second Reading. 



232 Journal of the Legislative Council of New York. [ i!f 

At a Council held at Fort Anne in New York this 27" day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ^ ROGER MOMPESSON, ) ^ rt 

CALEB HEATHCOTE, > Esq JOHN BARBERIE, > 

THO. WENHAM, ) 

The Bill Entitnled, An Act to prevent frauds & abuses in y e Exportaon of Tar &c was read 
y^ Second Time & Ordered to be Committed to y c Gent of y e Council or any three of them. 

His Excell acquainted this Board, y he had rece d a Message from y e Assembly acquainting 
him That y e House had past a Bill Entituled, An Act to Enable Will. Bradford of y e City of 
New York Printer to Sell & dispose of y e Real Estate of John Dewsbury late of Oyster bay in 
Queens County within this Colony, Deceased for the payment of Debts to which they desire y e 
Concurrence of this Board the Said Bill was accordingly read y e first time & Ordered a Second 
Reading. 



At a Council held at Fort Anne in New York, this 30 th day of July, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ^ JOHN BARBEUIE, > 

THO. WENHAM, > Esq rs ADOLPH PHILIPS, 3 

ROGER MOMPESSON, ) 

His Excell acquainted this Board That on Saturday last he had two Messages from y e House 
of Assembly viz 

One by Cap Stillwel to acquaint this Board y y e House did agree to y e amendm" made by y e 
Council to y e Bill Entituled, An Act for Continuing An Act for laying out, Regulating Clearing 
& preserving public Comon Highways thro out this Colony. 

Another by M ljor Willet acquainting this Board that y e House did agree to y e amendments 
made to y e Bill Entituled, An Act for an allowance to y e Burges of y e Burroughof Westchester. 

M r Philips Reported from y e Comittee to whom y e Bill Entituled, An Act for Settling y e 
militia was referred That they has gone thro y e said Bill & made sev" amendm" to y e same w ch he 
read in his place & afterwards upon y e Question put upon each of y e s d amendm" separately 
they were seperately agreed to by y e Board and then y e Bill was read w lb the amendm 8 y e 3 d 
Time. 

Resohrd, That y e s d Bill w th y e amendm 13 pass. ^ 

Coll Wenham Reported from y e Comitte to whom y e Bill for raising y e sum of .200 &c was 
referred, That they had gone thro the s d Bill & made sev" amendm" to the same which he read 
in his place & afterwards y e same being read seperately, & y e Question seperately put upon each 
they were seperately agreed to and then y c Bill with the amendm 13 was Read y e 3 d Time. 

Resolved, y y e s d Bill w" 1 y e amendm 3 do pass. 

Ordired, That M r Philips do carry up y e s d Bills to y e House & acquaint them y this Board 
have agreed to ye s d Bills w th several amendments to each to w ch they desire the Concurrence 
of this House. 

The Bill Entituled, An Act for Reviving and Continuing An Act Entituled, An Act for 
Regulating slaves was read y e third time w lh one amendment. 

Resolved, That y e s d Bill w b y e amendm do pass. 

Ordered, That M r Philips do also carry back this Bill to y e assembly & acquaint them y this 
Board do agree to y e same w tb one amendm 1 to which they desire the Concurrence of that 
House. 

The Bill Entituled, An Act to Enable W m Bradford of y e City of N York Printer to sell &c 
was read y e 2 d Time. 

Ordered, That y e s d Bill be Com ed to y e Gentlemen of the Council or any three of them 

The Petition of Coll Bayard & Cap Hutchins was read Praying leave to bring in a new Bill 
to declare y e Illegality of y e proceedings ag" the said Bayard & Hutchins ; which was Granted 
& then 

The s d Bayard & Hutchins did present to y e Board a Bill Entituled, An Act declaring y e 
Illegality of y e proceedings ag st Coll Nich Bayard & Alderman John Hutchins for pretended 
High Treason & for Reversing & making null & void y e s d Judgm" & all proceedings thereon 
which Bill was read y e first time & ordered a 2 d Reading. 



1705 ] Edward Lord Viscount Cornlury, Governor. 233 

At a Council held at Fort Anne in New York, this 31 A day of July, 1705. 

PRESENT His Excellency EDWAKD Viscount CORNBURY, &c., 

RIP VAN DAM, ) F JN BARBERIE, ) F . 

Tuo. WENHAM, 5 ADOLPH PHILIPS, 5 

His Excell acquainted this Board That he had rece d two Messages from the assembly vizfc one 
by M r Coyler acquainting this Board That the House do agree to y e 2, 4 & 7 amendments but 
disagree to y e ], 3, 5, 6, 8, 9 & 10 th amendments made by y e Council to y e Bill Entituled, An 
Act for Settling y e Militia. 

The other by M r De Lancey acquainting y e Council That y e House have agreed to y e 
amendm" made by this Board to the Bill Entituled, An Act for Reviving & Continuing An Act 
for Regulating slaves. 

The Bill Entituled, An Act declaring y e Illegality of y e proceedings ag st Coll Nich Bayard &c 
was read y e 2 d Time & Comitted to y e Gentlemen of y e Council or any three of them. 



At a Council held at Fort Anne in Neio York, this V day of Aug , 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ) -p rs JOHN BARBERIE, ) -p 

Tuo. WENHAM, 5 ^ sq ADOLPH PHILIPS, 5 ^ sq 

M r Barberie Reported from y e Comittee to whom y e Bill Entituled, An Act declaring y e 
Illegality of y e proceedings ag st Coll Nich Bayard &c was Referred ; That they had gone thro 
y e said Bill & made an amendment thereto w ch was Read & agreed to, & then y e said Bill was 
read y e 3 d Time. 

Resolved, That y e s d Bill do pass. 

Ordered, That M Barberie do carry y e s d Bill to y e House of Assembly & acquaint them That 
this Board have past y e same & desire their Concurrence thereto. 

M r Van Dam Reported from y e Comittee to whom y e Bill Entituled, An Act to Enable W 
Bradford &c was Committed That they had gone thro y e s d Bill & do Report the same without 
any amendm and then 

The Said Bill was read y e 3 d Time & passed 

Ordered, That M r Barberie acquaint y e Assembly That y e Council have agreed to y e Bill 
Entituled, An Act to Enable W m Bradford &c w th out any amendment. 



At a Council held at Fort Anne in New York, this 3 d day of Aug , 1705. 

PRESENT His Excellency EDWARD Viscount CORNBCRY, &c., 

RIP VAN DAM, ) -,-, JOHN BARBERIE, 



, ) -,-, JOHN BARBERIE, ) 

, $ ^ ADOLPH PHILIPS, $ 



Coll WENHAM, 

A Message from the House of Assembly by Major Willet acquainting this Board y ( y e House 
have agreed to y e Bill Entituled, An Act declaring y e Illegality of the proceedings ag a Coll 
Nich Bayard &c without any amendment. 



At a Council held in Fort Anne at New York this 4 <A day of Aug , 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, > v rs JOHN BARBERIE, > F r , 

THO. WEXHAM, 5 ADOLPH PHILIPS, $ 

A Message to y e Assembly from his Excell by the Deputy Se crjr Requiring y e House to attend 
him in Council Immediately 

The House having attended his Excell according to the Message sent them, his Excell was 
pleased to give his assent to & pass these following acts Ordering them to be enrolled viz 1 

30 



234 Journal of the Legislative Council of New York. [ f h 

1. An Act to Enable y e Justices of y e peace for y e City & County of Albany to Raise y e Sum 
of one hundred pounds for y e Repairing or Rebuilding of a Comon goal & City & County Hall 
over & above y e Sum of Four hundred pounds they were Enabled to Raise by an Act of Gen" 
Assembly made in y e Second year of her Majestys Reign Entituled, An Act to Enable y e 
Justices of y e peace for y c City & County of Albany to Repair or Rebuild a comon Goal City & 
County Hall for the said City and County & to pay the arrears of their public Charge. 

2. An Act for Enforcing & Continuing y e Act for Encouraging a Post Office in this Province 
of New York for three years from y e month of Octob r which was in the year 1704. 

3. An Act to prevent y e Running away of Negro Slaves out of the City and County of 
Albany to y e French at Canada. 

4. An Act for defraying y e common & necessary Charge of the manner of Raenslaerwyk in 
the County of Albany. 

5. An Act for y e preservation of Deer. 

6. An Act for y e better Explaining & more Effectual putting in Execution An Act of General 
Assembly Entituled, An Act for Settling a Ministry and raising a maintenance for them in y e 
City of New York Countys of Richmond West Chester & Queens County. 

7. An Act for an Allowance to y e Burges of the Burrough of West Chester. 

8. An Act for Continuing An Act for the laying out, Regulating, Clearing, & preserving 
public common High ways thro out this Colony. 

9. An Act for Reviving & Continuing An Act Entituled, An Act for Regulating Slaves. 

10. An Act to Enable William Bradford of New York Printer to sell and dispose of the Real 
Estate of John Dewsbury late of Oyster bay in Queens County, within this Colony Deceased 
for the payment of Debts. 

11. An Act Declaring the Illegality of the proceedings against Coll Nicholas Bayard & 
Alderman John Hutchins for pretended High Treason, & for Reversing & making null & void 
the said Judgement and all proceedings thereon. 

After which his Excell told them that there were some other Bills that had pass d their 
House w ch tho the service of the Countrey did much require they should be past, he was 
sorrey they contain d such clauses as he could not pass, nevertheless that y e service of y e 
Countrey might not be wholly neglected, but that they might have an opportunity to do what 
is necessary & Requisite for the same he thought fit to adjourn this assembly to y e Tenth day 
of 7 br next. And this Assembly is Adjourned to the said Tenth day of September next 
accordingly. 



TENTH ASSEMBLY SECOND SESSIONS 



Att a Councill held att ffort Anne in New Yorke this 26 A day of Sept r , 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ? r n ROGER MOJIPESSON, ) ^ 

THOMAS WENHAM, 5 ^ sq JOHN BARBERIE, > 

A message was sent from his Ex y by the Clk of the Councill to the house of Representatives 
commanding them to attend him in Councill imediatly which they accordingly did and his 
Ex ly made the following speech to them vizt 

Gentlemen, 

The season of the year being so farr advanced I shall not trouble you at this time with any 
thing but what I think of absolute necessity to be provided for, that is the Defence of the 
ffronteers a hundred ffusileers and fifty out-scouts will be necessary for that service. I hope you 
will prepare such a Bill for the raising a sum sufficient to answer that Charge, as I may give my 
assent to it without breaking the Instructions her Most Sacred Majesty the Queen has been 
pleased to Honour me with. This, Gentlemen, is all I shall recommend to your consideration 
att this present and to which I intreat you to give all possible dispatch 



1705.] Edward Lord Viscount Cornbury, Governor. 235 

I had almost forgot to pnt you in mind of the sea Expedition this summer. I think that 
ought to be discharged because severall debts have been contracted upon that account 



Alt a Councill held att ffort in New Yorke if 4 A day of Octo T , 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

GERARDUS BEEKMAN, ~\ ROGER MOMPESSON, ^ 

CALEB HEATHCOTE, ^v.sa" JOHN BARBERIE, >Esq ri 

THOMAS WENHAM, ? ADOLPH PHILLIPSE, ) 

KILLIAN VAN RENSLAER, j 

His Ex 1 * acquainted this Board that he had received from the house of Representatives a Bill 
Entituled, An Act for the raising a sume sufficient to answere the Charge of ffuzileers and 
outscouts for y e Defence of the ffronteers which Bill they had past and desired the Concurrence 
of this Board. 

the said Bill was accordingly read the first time 

Ordcrrd, that a message be sent to the house of Representatives to desire a free conference 
with them att the Coffee house to morrow morning at nine a Clock upon the subject matter of 
the said Bill and that Adolph Phillipse Esq r do carry the said message. 



Att a Councill held att ffort Anne in New Yorke the 5 A day of Ocf, 1705. 



PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

GERARDUS BEEKMAN, } ROGER MOMPESSON, } 

CALEB HEATHCOTE, \Fn r JoHN BARBERIE / Es( T 

THOMAS WENHAM, (~ ADOLPH PHILLIPSE, ) 

KILLIAN VAN RENSLAER, j 

The Report of Roger Mompesson Esq r Chairman of y e Committee appointed for a 
Conference w lh the house of Representatives on the Subject matter of the Bill Entituled, An 
Act for the raising a sume sufficient to answer the Charge of ffuzileers and out scouts for the 
Defence of the ffronteers was Read. 

Ordered, that the Reasons of this Board ag l some Clauses in the s d Bill be drawn in writing 
and that a Message be sent to the said house to desire a Conference with the said house att the 
Coffee house at four a clock this afternoon upon the Subject matter of the Last Conference and 
that the said Reasons be then delivered att the said Conference. 



Att a Councill held att ffort Anne in New Yorke the 6 * day of Oct r , 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, 

CALEB HEATHCOTE, } ROGER MOMPESSON, ) E 

THOMAS WENHAM, > Esq JOHN BARBERIE, > 

KILLIAN VAN RENSLAER, ) 

The Report from the Committee of this Board appointed for a Conference w lb the house of 
Representatives was read 



Att a Councill held att ffort Anne in New Yorke this 11 * day of October, 1705. 



PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, "} ROGER MOMPESSON, ^ 

CALEB HEATHCOTE, (-^ JOHN BARBERIE, >Esq rl 

THOMAS WENHAM, f ADOLPH PHILLIPSE, > 
KILLIAN VAN RENSLAER, j 

His Ex lT acquainted this Board with a message from the house of Representatives desiring a 
Conference. 



236 Journal of the Legislative Council of New York. \ 



Q tt>fcCtt tt/t> \J\SlAill\sUj \JL -i Cll/ _i C// A. I 2(1 



Resolved, that this Board do agree to a Conference with the house of Representatives 
imediatly att the Coffee house and that Killian Van llenslaer Esq r do acquaint them therewith. 

Att a Councill held att y e same place att 11 aclock the same day 

PRESENT As before, and likewise GERRARDUS BEEKMAN, Esq r , 

The Report of Roger Mompesson Esq r Chairman of the Committee appointed for a Conference 
with the house of Representatives was Read 

As was likewise the answere of the Generall Assembly to reasons offered by her Maj lles 
Councill att a Conference on the subject matter of the Bill Entituled, An Act for the Raising 
a Sume sufficient to answere the Charge of the ffuzileers and outscouts for the defence of the 
{frontiers and their reasons for insisting on some clauses of the said Bill 

The s d Bill was read a second time & Committed. 



Att a, Councill held att ffort Anne in New Yorke this twelfth day of Octob r , 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ~) ROGER MOMPESSON, } 

CALEB HEATHCOTE, f ^ rs JOHN BARBERIE, >Esq" 

THOMAS WENHAM, ADOLPH PHILUPSE, ) 

KILLIAN VAN RENSLAER, j 

Roger Mompesson Esq r reports from the Comittee to whome the Bill Entituled An Act for the 
raising a Sume Sufficient to answere the Charge of ffuzileers and outscouts for the defence of 
the ffronteers was Comitted that they had gone through the said Bill and made Severall 
amendments thereto which were read & agreed to and then 

The Said Bill was read a Third time. 

Resolved, That the Bill with the amendments do passe 

Ordered, to John Barberie Esq r do carry the Said Bill with the amendments to the house of 
Representatives and desire their Concurrence thereto 



Att a Councill held att ffort Anne in New Yorke this 13 * day of OctoTf, 1705. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } ROGER MOMPESSON, } 

THOMAS WENHAM, > Esq" JOHN BARBERIE, > Esq 

KILLIAN VAN RENSLAER, ) ADOLPH PHILLIPSE, ) 

His Ex 1 * acquainted this Board that he intended to Prorogue the Assembly by reason the 
winter drew nigh and her Maj lies service requiring his presence in New Jersey and the Speaker 
w lh some members having attended according to his Ex 3 " order and being called in his Ex ly 
prorogued them to the first day of May next. 



[IN EXECUTIVE SESSION.] 
Att a Councill held att ffort Anne in New Yorke the 23 d day of Aprill, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

GERARDUS BEEKMAN, ~) JOHN BARBERIE, ) j, 



RIP VAN DAM, ^> Esq ADOLPH PHILPSE, 5 

THOMAS WENHAM, 

His Excell 1 * acquainted this Board that her Maj ie3 service required his presence in the 
Province of New Jersey the first day of May next to which day the Assembly of this Province 
stands prorogued ; wherefore it is 

Resolved, that the s d Assembly be further Prorogued to Thursday the twelfth day of 
September next & a Proclamation was signed & ordered to be published Proroguing the said 
Assembly accordingly 



1706.] Edward Lord Viscount Cornbury, Governor. 237 

t 

Att a Councitt held att ffort Anne in New Yorke the 14" 1 day of May, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, > v JoHN BARBARIE, Esq r 



THOMAS WEXHAM 



, } 



His Exly informed this Board that upon the Petition of the Mayor Aldermen and Comonalty 
of this City he put off his intended Journey to the Jerseys. In which Petition they likewise 
prayed his Exly to call the Assembly in this Exigency that speedy provision may be made for 
our Defence and it being the opinion of this Board that its very necessary on this urgent occasion 
it is thereupon ordered that a Proclamation Issue forth calling the Assembly to sitt on ffryday 
the twenty fourth instant. 



[ New York Col. MSS., LI., 135. ] 

BY HIS Ex LT EDW D CORNBURY, &c. 
A PROCLAMATION. 

WHEREAS the Gen" Assembly of this Province was by a Proclamation Issued by and with 
the advice of her Maj ties Councill Prorogued unto the Twelfth day of September next But the late 
unhappy Depredations of the ffrench upon the Islands of Nevis, St Christophers and Monseratt 
in the West Indies having encouraged them to carry their designes to this and other her Maj lie3 
Colony s on the Continent as the late advices from S Thomas s and other parts of the West 
Indies give too Just reason to ffear, I have therefore that no means may be left untried for the 
safety and Preservation of her Maj lies Subjects and for the defence and security of this Colony 
in this Exigencie thought fitt by and with the advice of her Maj lie3 Councill for this Province to 
Call the s d Gen u Assembly to meet att the Citty of New Yorke on ffryday the 24 tb day of this 
Instant May and I do hereby require the said Gen" Assembly to meet accordingly. 

14th May 1706 



TENTH ASSEMBLY THIRD SESSIONS. 



Att a Councill held att ffort Anne in New Yorke the 29 A day of May, 1706. 



PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, 1 ROGER MOMPESSON, } 

GERARDUS BEEKMAN, > Esq JN BARBARIE, > Esq" 

TIIO : WENHAM, ) AD. PHILLIPS, ) 

His Exly having sent the Clerk of the Councill to Comand the assembly to attend him in the 
Councill Chamber and they being accordingly come his Exly made the following speech to 
them (viz ) 

Gentlemen, 

The service of her Most Sacred Matie the queen in the neighbouring Colony having obliged 
me to Prorogue this assembly to the month of September next, I should not have given you the 
trouble of meeting till that time Were I not forced to it by an indispensible necessity 
the Repeated advices our merchants here have Received from their Correspondents in the West 
Indies, of the design the ffrench have of attempting this Collony, have made me think it of 
absolute necessity to call you together at this time, that all proper measures may be taken for 
the defer.ee of this place which as yet Lies very open naked and defenceless. There are Two 
things therefore which I shall Chiefly Recommend to your Care, one is the providing a ffund for 
the ffortifying of this Citty, the other is the providing a Fund for the Repairing this her Maties 



238 Journal of the Legislative Council of New York. [ 

Fort which is Extreamly out of order, and for mounting the Guns most of the Carriages being 
Rotten arid unservicable These two things are of absolute necessity and without which is to 
be feared, this place may become a prey to a powerful 1 Enemy who Can Design no Less than 
to lay it waste and destroy it, as they have done the Islands of Nevis and S Christophers, 
whose misfortunes I hope will be an inducement to you to make eft ectuall provision for the 
defence of this Colony and you may be sure that whatever you shall think fit to give shall be 
applied to the uses for which you Give it, and to no other. 

Gentlemen, I must take notice to you that the last assembly did pass An Act for the Raising 
the sume of .1500 Towards the Erecting Batteries att the Narrows, which would have been of 
very Great use at this time had that money been Collected, but it has not, I am sensible that 
some malicious, ill minded People have Reported, That I have taken that money into my hands 
that the truth therefore may be known and I Justified I Recommend it to you Gentlemen of the 
house of Representatives to make a strict Enquire into that Tax, I think it proper to Recommend 
to you the Reviving the Militia Act which Expired by its own Limitation in the year 1704 and 
I am the rather Induced to do it att this time, because in this time of danger if there be not some 
law past to keep the People to theire duty I shall be forced to put Martial 1 Law in practice which 
I am sure will fall heavier than any Act of assembly will do. I cannot conclude without putting 
you in mind of the necessity of making provision for outscouts this next winter to be sent from 
Albany. These are the things I thought proper to Recommend to you and which I hope you 
will provide for with all possible dispatch because I think the nature of the thing Requires it, 
if you can think of any thing Else that may Require the aid of An Act of assembly at this time 
you shall always find me Ready to do anything w cb shall be proposed to me for the Queens 
service and the Good of the Countrey. 



Att a Councill held att Jfort Anne in New York, this 13 * day of June, 1706. 

PRESENT His Excellency EDWARD Viscount COUNBURY, &c., 

PETER SCHUYLER, "} THOMAS WENIIAM, "} 

GERRARDUS BEEKMAN, Q ^ KILLIAN VAN RENSLAER,Q ^ 

RIP VAN DAM, ROGER MOMPESSON, r 

CALEB HEATHCOTE, j ADOLPII PHILLIPS, j 

His Excellency acquainted this Board that he Received from the house of Representatives a 
Bill Entituled, An Act for reviving An Act of Gen" Assembly entituled, An Act for the better 
setting the militia of this province and making it more usefull for the security and Defence 
thereof for the space of one year to w ch they desire the concurrence of this Board, which Bill 
was read the first time and ordered to be read a second time to morrow. 



Att a Councill held att ffort Anne in New Yorke, this 14 * day of June, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } KILLIAN VAN RENSLAER, } 

CALEB HEATHCOTE, > Esq" ROGER MOMPESSON, ( -^ 

THOMAS WENHAM, ) JOHN BARBERIE, 

ADOLPH PHILLIPS, ) 

The Bill Entituled, An Act for reviving An Act of Gen 11 assembly Entituled, An Act for the 
Bettersetling the militia of this Province and making it more usefull for the security and Defence 
thereof for the space of one year was read the second time and Committed to the Gentlemen of 
the Councill or any three of them. 

His Exly acquainted this Board that he had received from the house of Representatives a Bill 
Entituled, An Act for raising a fund for scouts for the ffronteers att Albany for the year Ensuing 
to which they desire the Concurrence of this Board which Bill was read the first time and 
ordered to be read a Second time. 

His Exly likewise acquainted this Board that he had received from the house of 
Representatives a Bill Entituled, An Act for the raising leavying and collecting the sume of 
three thousand pounds to be applyed towards the Charge of fortifying the Citty of New Yorke 
to which they desired the concurrence of this Board which Bill was read the first time and 
ordered to be read a second time. 



1706.J Edward Lord Viscount Cornbury, Governor. 239 

Att a Councill held at ffort Anne in New Yorke, this 18" 1 June, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUVLER, ) ROGER MOMPESSON, > 

THOMAS WENHAM, > Esq" JOHN BARBERIE, ) 

KILLIAN VAX RENSLAER, ) 

The Bill Entituled, An Act for raising a fund for scouts for the frontiers att Albany for the 
year Ensuing was Read a second time and Committed to the Gentlemen of the Councill or any 
three of them. 

The Bill Entituled, An Act for the Raising Leavying and Collecting the sume of three 
thousand pounds to be applyed towards the Charge of ffortifying the Citty of New Yorke was 
Read a second time and Committed to the Gentlemen of the Councill or any three of them. 



Att a Councill held att ffort Anne in New Yorke, this 20 * day of June, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHCYLER, "} KILLIAN VAN RENSLAER,"} 

GERRARD BEEKMAN,/ ROGER MOMPESSON, (p 

RIP VAN DAM, x>Esq JOHN BARBERIE, f 

CALEB HEATHCOTE, \ ADOLPH PHILLIPS, j 

THOMAS WENHAM, J 

His Excellency acquainted this Board that he had received a Bill from the house of 
Representatives Entituled, An Act to Enable the Mayor, Aldermen and Common Councill 
of the Citty of New Yorke to carry on the fforiifications of the said Citty to which they desired 
the concurrence of this Board, which Bill was read the first time and ordered to be read a second 
time. 

M r Phillips Reported from the Committee to whom the Bill Entituled, An Act for reviving 
An Act of Gen" Assembly Entituled, An Act for the better setling the Militia of this Province, 
and making it more usef ull for the security and defence thereof for the space of one year was 
referred that they had gone through the said Bill and made some amendments thereto which 
were read and agreed to and then 

The said Bill was read a third time. 

Resolved, that the said Bill with the amendments do pass. 

Ordered, that M r Phillips do carry the said Bill to the house of Representatives and acquaint 
them that this Board have passt the same and desire their concurrence thereto. 

Roger Mompesson Esq r R eported from the Committee to whom the Bill Entituled, An Act 
for raising Leavying and Collecting the sume of Three thousand pounds to be applyed towards 
the charge of ffortifying the Citty of New Yorke was committed that they have gone through the 
said Bill without making any amendment thereto. 

Ordered, that the said Bill be recommitted to the said Committee for their reasons for passing 
the same without making any amendment thereto. 

Roger Mompesson Esq r Reported from the Committee to whom the Bill Entituled, An Act 
for raising a ffund for scouts for the ffrontiers att Albany for the year Ensuing was Comitted 
that they have gone through the said Bill without making any amendment thereto. 

Ordered, that the said Bill be recommitted to the said Committee for their reasons of passing 
the same without making any amendment thereto. 



Att a Councill held att ffort Anne in New Yorke, the 21 A day of June, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, "^ ROGER MOMPESSON, } 

GERARDCS BEEKMAN, Q,-, JOHN BAHBERIE, > Esq" 

CALEB HEATHCOTE, ? ADOLPH PHILLIPS, ) 

THOMAS WENHAM, j 

His Exly acquainted this Board that he had a Message from the Assembly acquainting him 
they had agreed to the amendment made by this board to the Bill Entituled, An Act for reviving 
An Act of Generall Assembly Entituled, An Act for the better setling the Militia of this 



240 Journal of the Legislative Council of New York. [ $ h f e " 9 ,; 

Province and making it more usefull for the security and defence thereof for the space of one 
year. 

M r Mompesson Chairman of the Committee to whom the Bill Entituled, An Act for the raising 
leavying and Collecting the sume of Three thousand pounds to be applyed towards the Charge 
of (fortifying the Citty of New Yorke was recommitted for their reasons for passing the said Bill 
w lh out any amendment, Reported from the said Committee their reasons for so doing which he 
read in his place & then delivered in att the table. 

Ordered, that the said Bill lye on the Table. 

M r Mompesson Chairman of the Committee to whom the Bill Entituled, An Act for raising a 
fund for scouts for the ffronteers att Albany for the year Ensuing was recommitted for their 
reasons for passing the said Bill without any amendm Reported from the said Committee 
their reasons for so doing which he read in his place and then delivered in att the Table. 

Ordered, that the Said Bill lye on the table. 

The Bill Entituled, An Act to enable the Mayor Aldermen and Common Councill of the 
Citty of New Yorke to carry on the ffortifications of the said Citty was read a Second time 
and Committed to the Gent" of this Board or any three of them 



Att a Councill held att ffort Anne in New Yorke this 22 * June, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ) JOHN BARBERIE, ) 

THOMAS WENHAJI, 5 * ADOLPH PHILLIPS, 5 

The Bill Entituled, An Act to Enable the Mayor Aldermen and Common Councill of the 
Citty of New Yorke to carry on the ffortifications of the said Citty was Reported and there 
being now one amendment made to the said Bill. 

Ordered, that M r Barberie do carry the said Bill to the house of Representatives and acquaint 
them that this Board has past the said Bill w lb one amendment to which this Board desires 
their Concurrence 



Att a Councill held att ffort Anne in Neiv Yorke this 27 /A day of June, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ROGER MOMPESSON, 



RIP VAN DAM, f r , JOHN BARBERIE, > Esq" 

THOMAS WENHAM, ? ADOLPH PHILLIPS, ) 

KILLIAN VAN RENSLAER, ) 

His Exly informed this Board that he had received a Message from the Assembly acquainting 
him they have agreed to the Amendment made by this Board to the Bill Entituled, An Act to 
Enable the Mayor Aldermen and Common Councill of the Citty of New Yorke to carry on the 
ffortifications of the Said Citty. 

His Exly having sent the Secretary to the house of Representatives to command their 
attendance in the Councill Chamber and they being accordingly come his Exly past the following 
Acts ordering them to be Enrolled. 

1. An Act for reviving An Act of Generall Assembly Entituled, An Act for the better 
Setting the Militia of this Province and making it more usefull for the Security and defence 
thereof for the space of one year. 

2 An Act to Enable the Mayor Aldermen and Common Councill of the Citty of New Yorke 
to carry on the ffortifications of the Said Citty. 

Then his Exly informed them that by his Maj ies Instructions he could not pass the Two 
other Bills in the manner they were Drawn (vizt) one the Bill Entituled, An Act for the raising 
levying and Collecting the sume of three thousand pounds to be applyd towards the Charge of 
ffortifying the Citty of New Yorke. The other the Bill Entituled, An Act for raising a fund 
for scouts for the ffrontiers att Albany for the year Ensuing. But his Exly Expecting her 
Maj ie " further Commands in relation to money Bills of this nature he would not reject these 
Two Bills and therefore adjourned the Assembly to the Twelfth day of September next. 



1706.] Edward Lord Viscount Cornbury, Governor. 241 

[ IN EXECUTIVE SESSION. ] 
Alt a Councill held att ffort Anne in New Yorke the 22 th day of August, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, ) p r , ROGER MOMPESSON, > -p n 

THOMAS WENHAM, 3 SC ^ JOHN BARBERIE, 5 S< ^ 

His Ex ly Recommended it to the Consideration of this board for their opinion to what further 
time it may be proper to adjourn the Assembly of this Province which stands adjourned to the 
l^ lh of September next by reason his Exly designes for Albany. 



Att a Councill held att ffort Anne in New Yorke this 29 A day of August, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

THOMAS WENHAM, > r JOHN BARBERIE, Esq r 

ROGER MOMPESSON, } ^ sc l 

The Councill having delivered their opinion of the time proper to adjourn the assembly of 
this Province. 

Ordered, that a Proclamation issue for adjourning the said assembly unto tuesday the 24 th day 
of September next. 



TENTH ASSEMBLY FOURTH SESSIONS. 

Att a Councill held att jfort Anne in New Yorke, this 27 A day of September, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ^ ROGER MOMPESSON, ^ 

THOMAS WENHAM, > Esq rs JOHN BARBERIE, > Esq" 

KILLIAN VAN RENSLAER, ) AD. PHILLIPS, ) 

His Ex ly having sent the secretary to the assembly to command their attendance in the 
Councill Chamber and they being accordingly come his Exly made the following Speech to 
them (vizt) 

Gentlemen, 

When I dismist you at the end of the last Sessions in June last I acquainted you that tho I 
could not assent to the Bill you tendered to me for the raising the sume of Three thousand 
pounds towards the ffortifying of this Citty yet I would not reject it. hoping that I might 
Receive such Direccons from England as might make that matter more Easie. I am very glad 
I can now acquaint you that my Expectations are answered. I have Received Letters from the 
Right Honourable the Lords Commission" for Trade and Plantacons containing her Most Gracious 
Majesties commands to me to permitt the Gen" assembly of this Province to name their own 
Treasurer when they raised Extraordinary supplys for particular uses and w cb are no part of her 
Maties standing and constant Revenue But the Treasurer so nominated must be accountable to 
Gov r Councill and assembly. Warrants may be Issued by the Collonels Cap 15 or other persons 
as the Act shall Direct, But the Governour must always be Informed of the occasion of issueing 
of such warrants and all persons concerned in the issueing and disposing of such moneys must 
be made accountable to Governour Councill and Assembly. Thus Gentlemen I have acquainted 
you with her Muties Pleasure relating to the passing of Bills for the raising moneys for 
Extraordinary supplyes. 

31 



242 Journal of the Legislative Council of New York [ \%* 

Gentlemen, 

I am commanded by the Right Honourable the Lord Commission" for Trade and Plantations 
to acquaint you that her Ma ies Councill for this Province have undoubtedly as much to do In 
forming of Bills for y e Granting and Raising of money as the assembly and Consequently have 
a Right to alter or mend any such money Bills as well as the assembly. Their Lordships 
likewise observed that in y e Preamble of the 1700 Bill there is an Error in not Granting the 
money thereby Intended to be raised to the Queen which need not hinder the Assembly from 
appropriating the money to be Granted to such uses as are found Requisite. Their Lordships 
further observe that the Penalty in the last clause in the ,1700 Bill is of an Extraordinary 
nature such as no assembly anywhere else ever attempted before, and they say it is highly 
Presumptuous in the Assembly to pretend to propose or pass any clause whereby her Mutie is 
Restrained in her Royall Prerogatives of pardoning or Reprieving her Subjects whenever she 
sees it Reasonable and Convenient and they Command me to acquaint the Assembly w" 1 these 
matters that the like Errors may be avoided for the ifuture. I am further to acquaint you that 
their Lordships are of opinion that the Province of New York ought to provide towards its own 
Security by Giving Such necessary ffunds (as is done in other Plantacons) for furnishing the 
Inhabitants with arms as there may be occasion and this their Lordships command me Likewise 
to represent to you. 

Thus Gentlemen I have acquainted you with those things I had in Charge from England. I 
shall now mention to you those things which in my opinion ought not to be provided for, and 
first, I Desire you to observe that by the Directions 1 have now Received, it is impossible for me 
to pass the ,3000 Bill in the terms it is now conceived, and therefore I intreat you to Prepare 
another Bill for that Service according to the methods ab ove mencoiicd. I must likewise 
Recommend to your Consideration the providing a ffund for the paying the Detachment sent 
up und r Cap Higby s Command for the Defence of the ffrontiers in the year ] 704 and the 
outscouts und r the command of Cap Brat and Since that time and Likewise for defraying. 
the Charge of Coll Schuylers Journey to the onondages Countrey at a time when we were in 
great danger of having the ffive Nations debaucht from their allegiance to the Crown of 
England which was prevented by his Going, this was so good a service that I hope you will 
think it Reasonable that Charge should be answered. I must likewise acquaint you that By 
accident very Lately the Guard Room in the flbrt att Schonechtady w j as Burnt down w" 1 a 
Great quantity of ffirewood which had Been Provided for this Winter now Coming on. I 
should be Glad that might be Repaired before the Cold weather Comes, Else it will be 
impossible for the men to keep Guard in that place which Lies the most Exposed of all our 
ffronteers, I will direct an Estimate to be laid before you for that purpose I must again recomend 
to you the Providing a ffund for y e repairing and maintaing her IMaties ffort in this Citty which 
yet wants severall things to put it into a posture fit to Resist an Enemy, If we should be 
attackt which we very narrowly escaped this Summer. Whether you will not Think Ilitt to 
ffortifie the Narrows to prevent any attempt of the Like nature for the Suture, I leave to your 
Consideration but in my Judgement I look upon that to be the best way to Cover this Citty 
from any attempt the ffrench may intend to make upon us and I chuse to mention it to you at 
this time the rather because Cap 1 Redknap whom the Queen has been pleased to appoint to be 
her Engineer in these parts is now here and will if you desire it Give you an account of what 
he thinks proper to be done to answer that End. 

The last thing I shall trouble you w lh at this Time is the Providing a ffund for the defence of 
the ffronteers at and about Albany this Winter, one hundred men and ffive and twenty out scouts 
will, in my opinion, be sufficient to answer that service. 

Thus Gentlemen I have offered to you what I think necessary to be provided for. If any 
other things occur to yo r thoughts which may be necessary to be provided for by a Law you 
shall always find me ready to consent to any thing that may conduce to the service of her Most 
Sacred Majesty the Queen and the good and wellfare of the Countrey. 



Att a Councill held att Fort Anne in New Yorke, this 14" day of Ocf, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ) JOHN BARBERIE, 7 j, 

RIP VAN DAM, > Esq rs ADOLPII PHILLIPS, ) 

THOMAS WENIIAM, ) 

His Excellency informed this Board that he has received from the Assembly a Bill Entituled, 
An Act for raising the sumo of Three thousand pounds towards defraying the Expcnce of 
Fortifying the Citty of New Yorke to which they desire the concurrence of this Board. 

Which Bill was read the first time and 

Ordered to be read a second time to morrow morning. 



1706.] Edward Lord Viscount Cornbury, Governor. 243 

Att a Coundll held att ffort Anne in New Yorke, this 15" 1 clay of Octolf , 1706. 

PRESENT His Excellency EDWAED Viscount CORNBCRY, &c., 

PETEE SCHUYLEE, ) JN BARBEEIE, ) , 

PVIP VAN DAM, > Esq ADOLPH PHILLIPS, ) 

THOMAS WENHAM, ) 

The Bill Entituled, An Act for raising the sume of Three thousand pounds towards defraying 
the Expence of tfortilying the Citty of New York was read a second time and Committed to the 
Gentlemen of the Councill or any three of them. 



Att a Councill held att Fort Anne in Neto Yorke, this 16" day of October, 1706. 

PEESENT His Excellency EDWAED Viscount COENBUEY, &c., 

PETER SCIIUYLER, ^ JOHN BARBEEIE, ) 

THOMAS WENHAM, > Esq" ADOLPH PHILLIPS, 5 

KILLIAN VAN EENSALEE, ) 

Thomas Wenham Esq r Chairman of the Committee to whom the Bill Entituled, An Act for 
raising the sume of Three Thousand pounds towards defraying the Expence of Fortifying the 
Citty of New Yorke was committed Reported to this Board that they have gone through 
the said Bill without making any amendment. 

Ordered, that the said Bill be read a third Time which being accordingly done. 

Ri .sulccd, the Bill do pass. 

OnlrcJ, that Adolph Phillips Esq r do acquaint the house of Representatives that this Board 
has gone through the said Bill without making any amendment thereto. 

His Excellency acquainted this Board that he has Reced from the Assembly a Bill Entituled, 
An Act to Encourage the Baptizing of Negro Indian and Mulatto Slaves for the concurrence of 
this Board which Bill w,n red,J y e u rst tima and ordered a second Readinj o morrow. 



Att a Councill held att ffort Anne in New Yorke this 17"" day of October, 1706. 

PRESENT - His Excellency EDWAED Viscount COENBUEY, &c., 

PETER SCHCYLER, ^ KILLIAN VAN RENSLAER, 

GEEAEDUS BEEKMAN, > Esq" ROGER MOMPESSON, 

THOMAS WENHAM, ) 

The Bill Entituled, An Act to Encourage the Baptizing of Negro Indian and Mulatto Slaves 
was Read a Socond time and Committed to the members of this board or any three 

His Excellency informed this Board that he has Received a Bill from the Assembly Entituled, 
An Act for raising a Fund for the Defence of the Frontiers and other uses to w cb they desire 
the Concurrence of this Board 

Which Bill was read the first time and ordered to be read a Second time to morrow morning. 



Att a Councill held att ffort Anne in New Yorke this 18 (A day of October, 1706. 

PEESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCIIUYLER, } KILLIAN VAN RENSSALER, } 

RIP VAN DAM, > Esq" ROGER MOMPESSON, > Esq rs 

THO : WENHAM, ) JOHN BARBEEIE, > 

John Barberie Esq r Chairman of the Committee to whom the Bill Entituled, An Act to 
Encourage the Baptizing of Negro Indian & Mulatto Slaves was Committed Reports that they 
have gone through the Said Bill and made one amendment thereto which he read in his place 
and afterwards delivered in at the table where the same was read and agreed to by the Board 

Resolved, the Bill w th the amendment do pass. 

Ordered, that M r Barberie do carry the said Bill to the house and acquaint them that this 
Board has past the Same w 1 " 1 one amendment to which this Board desires their Concurrence. 



244 Journal of the Legislative Council of New York. [ ^ h t ; 

The Bill Entituled, An Act for raising a Fund for the Defence of the Frontiers and other 
uses was read a Second time and Committed 

His Excellency acquainted this Board that he has Received from the house of Representatives 
two Bills one Entituled, An Act to furnish the Town Guards att Schonectady in the County of 
Albany with firewood, and to repair the Guard house and gates of that Town. The other 
Entituled, An Act for the better raising Levying and defraying the necessary charge of the 
manner of Renslaerwick in the County of Albany which Bills were read the first time and 
ordered to be read a Second time. 

M r Schuyler and M r Chuyler two of the members of the house of Representatives brought 
from the said house and delivered to this Board for their Concurrence Two Bills one Entituled, 
a Bill to Enable the Mayor Recorder Aldermen and Commonalty of the Citty of Albany for the 
time being to raise moneys for defraying their publick and necessary Charges annually 

The other Entituled, An Act for regulating the Inner ffences of Land in the County of 
Albany which Bills were read the first time and Ordered to be read a Second time 



Att a Councill held att ffort Anne in New Yorke this 19" 1 day of October, 1706. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } KILLIAN VAN RENSLAER, ^ 

RIP VAN DAM, > Esq ROGER MOMPESSON, > Esq 

THO. WENHAM, ) ADOLPH PHILLIPS, ) 

His Excellency acquainted this Board that M r Ward has brought from the house of 
Representatives y e Bill Entituled, An Act to Encourage the Baptizing of Negro Indian and 
Mulatto Slaves and acquainted him that the said house do not insist upon the said clause 
and that they have agreed to the amendment 

Roger Mompesson Esq r Chairman of the Committee to whom the Bill Entituled, An Act for 
raising a Fund for the Defence of the Frontiers and other uses was Committed Reports to this 
Board that they have gone through the said Bill without making any amendment. 

Ordered, that the said Bill be read a third time which being accordingly done, 

Resolved, the Bill do pass. 

The Bill Entituled, An Act to furnish the Towne Guards att Schonectady in the County of 
Albany with firewood & to repair the guard house and gates of that Towne, was read a second 
time and Committed to the Gentlemen of the Councill or any three of them. 

The Bill Entituled, An Act for the better raising Levying and defraying the necessary charge 
of the Manner of Renslaerwick in the County of Albany was read a second time and Committed 
to the Gentlemen of the Councill or any three of them. 

The Bill Entituled, An Act for regulating the Inner fences of Land in the County of Albany 
was read a second lime and Commuted to the Gentlemen of the Councill or any three of them. 

The Bill Entituled, a Bill to Enable the Mayor Recorder Aldermen and Commonalty of the 
Citty of Albany for the time being to raise money for defraying (heir publick and necessary 
charges annually was read a second time and Committed to the Gentlemen of the Councill or 
any three of them. 



Att a Councill held att Fort Anne in New Yorke, this 21 * day of October, 1706. 

PRESENT Ills Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ~~\ ROGER MOMPESSON, ) 

RIP VAN DAM, Cp r > JOHN BARBERIE, >Esq" 

THOMAS WENHAM, ?" S 1 ADOLPH PHILLIPS, ) 

KILLIAN VAN RENSLAER,} 

Peter Schuyler Esq r Chairman of the Committee to whom the Bill Entituled, An Act for the 
Better raising Levying and defraying the necessary Charge of the Manner of Renslaerwick in 
the County of Albany was Committed reported to this Board that they have gone through the 
said Bill without making any amendm . 

Ordered, that the said Bill be read a third time which being accordingly done, 

Resolved, the Bill do pass. 

Peter Schuyler Esq r Chairman of the Commitfee to whom the Bill Entituled, A Bill to Enable 
the Mayor Recorder Aldermen and Commonalty of the Citty of Albany for the time being to 
raise moneys for defraying the publick and necessary Charges annually was Committed Reported 
to this Board that they have gone through the said Bill without making any amendment 
thereto. 



1708.] Journal of the Legislative Council of New York. 245 

Ordered, that the said Bill be read a third time, which being accordingly done, 

Jicsulvcil, ihe Bill do pass. 

Peter Schuyler Esq r Chairman of the Committee to whom the Bill Entituled, An Act to 
furnish the Town Guards at Schonectady in the County of Albany with firewood and to repair 
the Guard House and Gates of that Towne was Committed Reported to this Board that they 
have gone through the said Bill without making any amendment thereto. 

Ordered, that the said Bill be read a third time, which being accordingly done, 

Rcs jlccd, the Bill do pass. 

Peter Schuylcr Esq r Chairman of the Committee to whom the Bill Entituled, An Act for 
Regulating the Inner Fences of Land in the County of Albany was Committed Reported to this 
Board that they have gone through the said Bill w ^out making any amendment thereto. 

OiJcral, that the Bill be read a third time, which being accordingly done, 

Resold d, the Bill do pass. 

Ordered, that Adolph Phillips do acquaint the house of Representatives that this Board has 
past without any amendment the four afore mentioned Bills as likewise a Bill Entituled, An 
Act for raising a fund for the defence of the Frontiers and other uses. 

There not being members enough in Town to make a house of Representatives the Clk of 
that house being called in his Exly adjourned them till four a Clock this afternoon 

His Exly having asked the opinion of the Gentlemen of this Board what may be the 
properest season for the next sessions of Assembly they declared their opinions according that 
May would be a very proper time. 

His Excellency having sent the Secretary to the house of Representatives to command their 
attendance in the Councill Chamber and they being accordingly come his Exly past these 
following acts ordering them to be enrolled. 

1. An Act for raising the sume of Three thousand pounds towards defraying the Expence of 
{Fortifying the Citty of New York. 

2. An Act to Encourage the Baptizing of Negro Indian and Mulatto Slaves. 

3. An Act for raising a Fund for the defence of the Frontiers and other uses. 

4. An Act to furnish the Town Guards att Schonectady in the County of Albany with 
firewood and to repair the guard house and gates of that Town. 

5. An Act for the better raising Levying and defraying the necessary charge of the manner 
of Renslaerwick in the County of Albany. 

G. A Bill to Enable the Mayor Recorder Aldermen and Commonalty of the Citty of Albany 
for the time being to raise moneys for defraying their publick and necessary charges annually. 

7. An Act for regulating the Inner Fences of Land in the County of Albany, 

Then his Exly told the Assembly that the buisness of this sessions being brought to a 
conclusion he thought fitt to adjourn them unto the twentieth day of May next and the 
Assembly is hereby adjourned unto the twentieth day of May next accordingly. 



[IN EXECUTIVE SESSION.] 
Att a Councill held att Fort Anne in New Yorke this 9" day of July, 1708. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

RIP VAN DAM, > E ADOLPII PHILLIPS, Esq r 

JOHN BARBERIE, ) 

Ordered, That Writts issue for the Election of a new Assembly to sitt att New Yorke 
Wednesday the IS " day of August next and the Writts to bear Date this Day, and a 
Proclamation to issue to DISSOLVE this Assembly 



ELEVENTH ASSEMBLY FIRST SESSIONS. 



Att a Councill held att Fort Anne in New Yorke (his 19" 1 day of Aug , 1708. 

PRESENT His Excellency EDWARD Viscount CORXBURY, &c., 

GERARDUS BEECKMAN, } ROGER MOMPESSON, ^ 

KIP VAN DAM, >Esq JOHN BARBERIE, >Esq 

THOMAS WENHAM, ) ADOLPH PHILLIPS, ) 

The Sec ry having summoned the Assembly to appear before his Ex y in Councill they attended 
accordingly and his Ex ly recommended to them to go to their house and make Choice of a 
Speaker to be p r sented to his Ex 1 ^ to morrow att Eleven Clock 



Att a Councill held att Fort Anne in New Yorke this 20" 1 day of August, 1708. 

PRESENT His Excellency EDWARD Viscount CORXBURY, &c., 

GERARDUS BEECKMAN, ^ EOGER MOMPESSON, 

RIP VAN DAM, >Esr[ rs JOHN BARBERIE, 

THOMAS WENHAM, ) ADOLPH PHILLIPS. 

The Secr y having summoned the Assembly to appear they came accordingly & presented M r 
Nicoll their Speaker whom his Ex ly approved and all the members then present took the oaths 
& signed the Test and took and subscribed the abjuration oath 

M r Speaker desired the Priveledges of the house may be continued to them which his Ex y 
Told them should be preserved to them accordingly then his Excellency made the following 
speech to them 

Gentlemen, 

I Am glad to see so full an Appearance so early, especially at this Time, when the Country 
stands in the greatest Need of your Assistance. 

The chief Things I have to recommend to the Consideration of you, Gentlemen, of the House 
of Representatives, at this Time, are these. First, I am in Duty to the Queen, obliged to put 
you in Mind, that her Majesty s Revenue in this Province, expires in May next : I don t doubt, 
but you will always take Care to provide for the Support of the Government. The Militia Act 
is already expired : I think it is absolutely necessary, to revive that Act, else it will be difficult 
to bring some People to do their Duty, in Case the Enemy should attempt any Thing against 
this Province. 

In the Year 1703, Capt. Higby was sent up to Albany, with a Detachment for the Defence of 
the Frontiers, at a Time, when if that Care had not been taken, most, if not all the Out-Farms 
had broke up and retired into the Town. There was a Contract made with Mr. Hendrick Hanson, 
for subsisting those Men; he performed his Part; it is reasonable he should be paid; the Revenue 
is not able to bear it, and I hope, you will not leave that Burthen upon me. 

In the Year 1705, the French Privateers so infested this Coast, that the Gentlemen of her 
Majesty s Council, were of Opinion with me, that some Vessels ought to be fitted out, to 
endeavour to take the Privateer, who had done the Mischief, and accordingly a Ship, a Brigantine 
and two Sloops, were fitted out, under the Command of Col. Peartree ; several of the Merchants 
of this City, furnished Provisions and other Necessaries for that Expedition, who are not yet 
paid, and since the Safety of the Country and the Preservation of the Trade of this Province, 
were the only Causes of that Expence, I hope this Assembly, will think fit to raise a Fund to 
discharge that Debt. 

The next Thing, which I most earnestly recommend, to the most serious Thoughts of you, 
Gentlemen, of the House of Representatives, is the Case of the Indians of the five Nations. 
The first Year I came into this Province, I gave the five Nations a large Present ; since that 
Time, having received nothing from England for that Purpose, I have not been able to make 
them any Presents, and still expecting Presents from England for them, I avoided troubling the 
Assembly on this Subject ; but now being well assured, that unless some Presents are given this 
Fall, we are in manifest Danger of losing some, if not all those five Nations, by the unwearied 
Endeavours of the French, who are continually making them Presents, and using of other 



1708.] Edward Lord Viscount Cornbury, Governor. 247 

Endeavours to debauch them from us. I thought it an indispensable Duty upon me, to lay 
this before you, as a Thing of the greatest Consequence ; I need not tell you, what unhappy 
Circumstances this and the neighbouring Provinces will labour under, if one of those five Nations 
of Indians, should leave the Interest of England and turn to the French ; you are very good 
Judges of that Matter, therefore, I shall not enlarge further upon this Subject, only desire you 
will provide such a Sum, as you think proper to be laid out in Presents, for the five Nations, 
and the Sehackock Indians. 

I can t omit putting you in Mind, that the Act for encouraging a Post Office is expired ; that 
is of so general Advantage, that I hope you will revive it. 

I must observe to you, that in the Act for clearing and preserving publick common Highways, 
there is no Penalty upon the Overseers of the Highways, if they don t see them made according 
to the Directions of the Commissioners. I think an Act for that Purpose would be of good Use, 
and without it, I am afraid the Highways will never be laid out and made, as it was intended 
by the Act of Assembly they should. 

These are the Things, I thought proper to recommend to your Consideration at this Time ; if 
there is any Tiling else, which you think ought to be provided for by a Law, you shall always 
find me ready to consent to any Thing, which may be for the Service of the Queen and the 
Good of the Country. 

I think it proper to acquaint you, that Col. Redknap, her Majesty s Engineer, has been up at 
Albany with me, and has viewed the Frontiers ; he has given me a Memorial of what he thinks 
absolutely necessary to be provided for at present, which Memorial, shall be laid before you for 
j our Consideration. 

There is one Thing I had almost forgot to mention, which is the Condition of a poor Soldier 
of this Garrison, whose name is Richard Davis ; who lost his Arm on board the Triton s Prize ; 
he has a Family of Children, and nothing to maintain them but his Pay ; when he had his 
Limbs, he got something by his Work, but now he is not able to Work ; if the Country would 
settle something upon him, it would be a very good Encouragement, to other People to venture 
their Lives and Limbs, in the Service of the Country, as often as Occasion should require. 

I have nothing more to add at present, but to recommend to you Unanimity in your 
Proceedings, and Dispatch of such Matters before you, as you shall think fit to proceed upon. 



Alt a Councill held ait Fort Anne in New Yorke this 24 A day ofAug , 1708. 

PRESENT His Excellency EDWARD Viscount CORNBURT, &c., 

PETER SCHUYLER, "} ROGER MOMPESSOX, } 

GEUARDUS BEECKMAX, \v- r, Jonx BARBERIE, >Esq" 

THOMAS WEXHAM, ?" ADOLPH PHILLIPS, ) 

KILLIAX VAX REXSLAER, j 

semination Ordered, that the following Examination of the Custome house officers be Entered 
"omi. house in the minutes of this Board and that M r Fauconnier have Copys thereof which 
deposicons follow & were taken at the request of M r ffauconnier on M r Byerley s 
refusing to make out the Complts sent by him to my Lord Treasurer ag M r Fauconnier 

MY LORD, 

Q. Do you know att the day his Ex y gave his order to M r Fauconnier to deliver the Custome 
house to M r Byerley that it was delivered to him or when it was delivered to him? 

A. M r Carter on oath. I heard some discourse among the Custome house officers that M r 
Fauconnier was att the Custome house to deliver it to M r Byerley But M r Byerley being not 
there, the Custome house was Lockt & the key Carryed away but by whom he knows not. 

M r Davis on oath. The key of the Custome house was in my Custody both then and before 
I was there a Saturday with M r Fauconnier to deliver the Custome house att Two a clock, but 
M r Byerley not coming I Lockt the door and took the key in my pocket & kept it till Monday 
when I opened the door again ; then I beleive the Custome house was delivered to M r Byerley. 

What do yo know of M r Byerleys being att the Custome house the 1 st of February and what 
did he say ? 

M r Davis on oath. M r Byerley told me that day he had an order for the Custome house and 
must have it that day. 

M r Sell on oath. M r Byerley of a Saturday, but I don t remember the day of the month, 
came in his Chase to the Custome house and read his Ex 1 * 8 order for the delivery of the Custome 
house to him and b a that he must have it that day. 

What do you know of any Books delivered or detained by M r Fauconnier? 

M r Carter on oath. I came to the Custome house on Monday and found M r Byerly and M r 
Fauconnier talking about some Books but what Books were delivered I know riot. 



248 Journal of the Legislative Council of New York. [ }^ h **- 

M r Davis on oath. I heard M r ffauconnier & M r Byerley in the Custome house discoursing 
about some Books, that M r Fauconnier said he would not deliver the Books without a receipt, 
that Just as I was going away I see M r Fauconnier put them in his drawer and Lock it again 
and then went away. 

M r Chambers and M r ffeilding answer to the same effect that M r Davis says. 



Att a Councill held att Fort Anne in New Yorke this 2G h day of Aug , 1708. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, } KILLIAN VAN RENSLAER, 

GERARDUS BEECKMAN, > Esq r3 JOHN BARBERIE, 

RIP VAN DAM, ) 

A Message from the Assembly by Coll Cortlandt & M r Hanson that the house of Representatives 
Desired his Lordship that an acco may be laid before them what the presents (proposed by his 
Ex ly in his speech to them) are to consist of. 

His Ex ly told them he would ord r an acco thereof to be Laid before them to morrow. 



Att a Councill held att Fort Anne in New Yorl e, this 21 lh da.y of Aug , 1708. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCIIUYLER, ^ KILLIAN VAN RENSLAER, 

GERARDUS BEECKMAN, > Esq" JOIIN BARBERIE, 

THO WENHAM, ) 

His Ex ly having sent to Command the Attendance of the Assembly & they being come 
accordingly he made the following speech to them vizt 

Gentlemen, 

On Thursday last, I received a Message from the House, by Mr. Hansen and Col. Cortlandt, 
by which the House signified their Desire, that an Account might be laid before them, what 
the Presents to the five Nations were to consist of. I would have sent you an Answer 
immediately, but I was not willing to trust to my own Judgment, in a matter of that Moment, 
but was willing to be informed by those, who understood those People better than I can pretend 
to do, and by the best Account I can have, the following List is what seems proper and necessary 
for the said Presents to each Nation. 

50 Yards of Duffles, at Gs . 10 17 G 

One Piece of Strouds, l- r > 00 

One Piece of Blankets, 13 10 

One Barrel of Powder, 12 10 

One Hundred weight of Lead, 8 00 

50 Shirts, 15 

10 Rolls of Tobacco and Pipes, 4 10 

Rum, 40 Gallons and the Keggs, 8 ] 

Bread, 300 

For small Tilings and Charges 3 2 G 



. 100 

So that the Presents to one Nation, amounting to One Hundred Pounds, the whole to the five 
Nations and the Schackock Indians, will amount to Six Hundred Pounds. I would not have 
given you the Trouble of coming hither, for this Answer to your Message, were it not that I 
have received a Remonstrance from the Magistrates, &c. of Albany, which I think absolutely 
necessary to be communicated to you. 

I have likewise had some Memorandums sent me by some of the Inhabitants there, particularly, 
I am informed, that after the Six Hundred Pounds, directed to be levied by an Act, entitled, An 
Act for raising a Fund for the Defence of the Frontiers and other Uses, was expended, that not 
being sufficient for the Services to be performed, some of the Commissioners for Indian Affairs, 
and other Person?, did advance the farther Sum of Two Hundred Pounds, Six Shillings and 
Two-pence Farthing for the like Services. I think it my Duty to recommend to you, the raising 
a Sum sufficient to reimburse those Persons, who have so freely advanced their Money, for the 
Service of the Publick. 



1708.] Edw ard Lord Viscount Cornbury, Governor. f4) 

The next Thing I am earnestly pressed to recommend to you, is the raising a Fund for 
maintaining 150 Men, with their proper Officers, for the Year ensuing ; I am afraid if some such 
Provision is not made, all the Out-Farms will break up. 

I am likewise desired to recommend to your Considerations, the providing a Fund for 
Out-Scouts, Spies, and other incidental Charges at the Frontiers. Very frequently Indians are 
sent of Messages from the Sachems, to the Commissioners for Indian Affairs; these Messages 
always create some Charges more or less, and there is no Fund to support that, or the like 
Charges. 

I cannot conclude, without recommending to your Consideration, the Case of Col. Schuyler, 
who by being very well known to all the Indians, is put to great Charges by their coming to his 
House, which they use as freely as if it were their own. I should be very glad if the Assembly 
would think fit, to make him some Allowance for those Charges : This, Gentlemen, is all I have 
to trouble you with at this Time. 



Att a Councill held att Fort Anne in New Yorke, this 3 Septenf, 1708. 

PRESENT Ills Excellency EDWARD Viscount CORXBURY, &c., 

PETER SCHUYLER, ^ ROGER MOMPESSOX, } 

GERARDUS BEECKMAXY^ Jonx BARBERIE, > Esq r 

RIP VAX DAM, ADOLPH PHILLIPS, ) 

THOMAS WEXHAM, ) 

His Ex y acquainted this Board he has this morning Received from the Assembly two Bills to 
which they Desire the Concurrence of this Board viz one Intituled, An Act for Reviving An 
Act of Gen" Assembly Entituled, An Act for the Better Settling the Militia of this Province 
and making it more usefull for the security & Defence thereof. 

Which Bill w<is read the first time & ordered to be read a second time. 

One other BilL Entituled, An Act for the Encouragement of the Post Office within this 
Province. 

Which Bill was read a first time & ordered to be read a second time. 

The Petition of John Stevens read and ordered to lye on this Board. 

M r Fauconnier appearing according to order with his acco of the Revenue from the 25 th of 
December 1706 to the First February 170f and the Deputy Auditor delivering his objections to 
the said account to this Board, he desired M r Fauconnier to sign the acco 1 he gave him of the 
Revenue for the aforesaid time to which M r Fauconnier said, he would sign it if it was the 
opinion of this Board he ought. 

His Ex ly having askt the Deputy Auditor if he had any other objections to make to M r 
Fauconniers acco 15 ; he answered he had this objection to make, that M r Fauconnier has not 
charged in his Last acco any sallary to the Auditor Gen"; to which M r Fauconnier replys, that 
the Deputy Auditor did (so farr as he can rember) in the Latter end of the year 1706 informe 
him that M r Blathwayt had made and alteration of his sallary from 5 qp cent to ,150 sterling 
per ann att the Exchange of =30 & cent, which he says is the reason he has accounted with the 
Queen for what he did designe to pay the Auditor Gen" for his ffee of 5 ^ cent, and that he 
made no other Provision to pay it on any other foot than that ,150 sterl ^ Ann as aforesaid ; 
that he humbly conceives a Letter dated in Aprill 1707 could not effect his acco", he being 
superceeded before. 

As to that parte of M r Byerley s Letter of complaint to my Lord high Treasurer against him 
relating to his nonpayment of Sallarys: M r Fauconnier produced & read att this Board an acco 
of moneys rece 1 and sallary s paid by M r Byerley before his suspension and by himself 
afterword s when he was in office, whereby he makes it appear that both in Proportion of time 
and money rece d , he has paid more sallary than M r Byerley ; whereon he desires the opinion of 
this Board. 

M r Fauconnier Informed this Board that he has offered to deliver the Recognisances in his 
hands to M r Byerley provided he will secure to him the payment of the Ballance of his accounts 
which he has prov d by a copy of a Lett 1 from Coll" Quary to M r Byerly attested by Coll" 
Quary & desired likewise the opinion of this Board concerning his detaining the Recognizances, 
considering tht-re is a great Ballance due to him on his acco". 

It is the opinion of this Board the matt afores d be reduced to proper heads whereon this 
Board may the better give their opinion. 



32 



250 Journal of the Legislative Council of New York. [S h $". 

An a Councill held att Fort Anne in Neio Yorlce, this 7 A day of Septemlf, 1708. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, "} KILLIAN VAN RENSLAER, "} 

GERARDUS BEECKMAN, f -^ rs ROGKR MOMPKSSON, ^^ 

KIP VAN DAM, r JOHN BARHERIE, r 

THOMAS WENHAM, j ADOLPII PHILLIPS, j 

The Bill Entituled, An Act for the Reviving An Act of Gen" Assembly Entituled, An Act for 
the Better Settling the Militia of this Province and making it more usefull for the security and 
Defence thereof was read a second time & committed to the Gentl of this Board or any three 
of them. 

The Bill Entituled, An Act for the Encouragem of the Post Office within this Province was 
read a second time & committed to the Gentl of this Board or any three of them. 

His Ex ly acquainted this Board that he had Two Messages from the house of Representatives 
this morning w lh two Bills to which they Desire the concurrence of this Board viz 

One Entituled, An Act for the more effectual! preservation of Deer & other Game & the 
destruction of wolves, wild catts & other vermin w cb was read the first time & ord ed to be read 
a 2 d time. 

The other Entituled, An Act to prevent damages by swine in the County of West Chester, 
Queens County & the County of Richmond which was read the first time & ordered to be read a 
second time. 



Att a Councill Md att Fort Anne in New Yorke, this 9 A day of Septemff, 1708. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ) ROGER MOMPESSON, ^ 

RIP VAN DAM, > Esq JOHN BARBERIE, > Esq 

THO WENHAM, ) ADOLPII PHILLIPS, ) 

An Act to prevent Damages by Swine in the County of West Chester &c Read a second time 
& Committed 10 the Gent 1 of this Board or any five of them. 

An Act for the more effectuall preservation of Deer and other Game and the Destruction of 
wolves wild catts & other vermin read a second time & Committed to the Gent 1 of this Board 
or any Three of them. 



Att a Councill held att Fort Anne in New York, this 10 * of Septemlf, 1708. 

PRESENT His Excellency EDWARD Viscount CORNBURY, &c., 

PETER SCHUYLER, ^ ROGER MOMPESSON, ^ 

RIP VAN DAM, > Esq JOHN BARBERIE, > Esq" 

THOMAS WENHAM, ) ADOLPH PHILLIPS, ) 

His Ex ly acquainted this Board that this morning he rece d a Bill from the house of 
Representatives Entituled, An Act for suppressing of Immorality to which they desire the 
concurrence of this Board. 

Which was read the first time and ordered to be read a second time. 

Adolph Phillips Esq r Chairman of the Committee to whom the Bill Entituled, An Act for the 
Encouragement of the Post house within this Province was committed Reported from the said 
Committee that they have gone through the said Bill and made some amendments thereto which 
he read in his place and afterwards delivered in att the .Table where the same were read and 
agreed to and ordered to be read the Third time with the amendments and being read was past 
with the amendm". 

Ordered, that M r Phillips do carry the said Bill with the amendments to the house of 
Representatives and acquaint them that this Board have agreed to the said Bill with some 
amendments to which they desire the concurrence of that house. 

Rip van Dam Esq r Chairman of the Comittee to whom the Bill Entituled, An Act for the 
more Effectuall preservation of Deer and other Game and the destruction of wolves wild Catts 
& other vermin was Committed Reported from the said Committee that they have gone through 
the said Bill without any amendment. 

Which Bill was read a Third time and ordered to pass. 



1708.] Edward Lord Viscount Cornbury, Governor. 251 

Ordered, that M r van Dam do acquaint the house of Representatives that this Board have 
agreed to the said Bill without any amendment. 

Roger Mompesson Esq r Chairman of the Committee to whom was Committed the Bill 
Entituled, An Act for Reviving An Act of Gen" Assembly Entituled, An Act for the better 
Settling the Militia of this Province and making it more usefull for the security and defence 
thereof Reported from the said Committee that they have gone through the said Bill without 
any amendment. 

But it being moved that the foil amendment should be made to the Bill it past in affirmative 
(viz 1 foil 1 st line 8 after the word [eight] & Before the word [and] insert these words [and till 
the end of the next Session of Gen" Assembly which Bill with the amendment was read a Third 
time & past. 

Ordered, that M r Mompesson do carry the said Bill with the amendment to the house of 
Representatives and acquaint them that this Board have agreed to the said Bill with one 
amendment to which they desire the Concurrence of the said house. 

Roger Mompesson Esq r Chairman of the Committee to whom the Bill Entituled, An Act to 
prevent damages by Swine in the County of West Chester Queens County and the County of 
Richmond was committed Reported from the Said Committee that they have gone through the 
Said Bill without any Amendment which Bill was read a Third time & past. 

Ordered, that M r Mompesson do acquaint the house of Representatives that this Board have 
agreed to the Said Bill without any amendment. 



Ait a Councill held at Fort Anne in J\ T eiv Yorke tliia 11 * day of Septemlf, 1708. 

PRESENT His Excellency EDWARD Viscount CORXBCRY, &c., 

PETER SCHUYLER, ") ROGER MOMPESSOX, 



GERRADUS BEECKMAX, ^ rs JOHX BARBERIE, >Esq 

RIP VAX DAM, ? ADOLPU PHILLIPS, ) 

THOMAS WEXHAM, J 

The Bill Entituled, An Act for Suppressing of immorality was read a second time & 
Committed to the Gent of this Board or any five of them 

His Ex ly acquainted this Board that M r Byerley has committed severall breaches of trust in 
respect to his office of Coll r & Receiv r Gen" of this Province viz he has past in his acco" of 
the revenue Ending (he 29 th Septemb r 1703 the sume of four pounds Thirteen shillings and 
nine pence halfpenny for his sallary more than was really due, that he received of M r Sheppard 
the Sume of Twenty five pounds for rent for which he gave the Queen no creditt that he reced 
of John Cuyler Twenty Seaven Pounds for Quitt rents of the Citty & County of Albany for 
which he gave the Queen no creditt to prove the first his Ex 1 ? produced M r Byerleys own 
acco ; to prove the Second an affid ts of M r Sheppard of the payment of the money, to prove 
the third the acco of John Cuyler & M r Byerleys own acco" of Quitt rents whereby it appears 
that no creditt was given by M r Byerley 

His Ex 1 * askt the Gent 8 of this Board if they had thought of any method to oblige M r 
Byerley to the obedience of the orders of this board and they gave their opinions as follows : 

M r PHILLIPS. 

That M r Byerley ought to be p r sent and give his reasons if any he has why he has disobeyed 
the orders of this Board and that the matter be Laid before my Lord High Treasurer before 
this Board proceeds any further. 

M r BARBERIE 

That my Lord High Treasurer ought to be first acquainted with the matter before this Board 
does anything thereon. 

M r MOMPESSON 

He cannott move for the payment of M r van Dam and Coll Schuyler s warrants till his own 
Sallary warrants are paid ; that since M r Byerley has refused to obey the ord rs of this Board It 
ought to be represented to my Lord High Treasurer before this Board does anything therein 

M r WEXHAM. 

That Since the Gov r & Councill have the power of disposing the Revenue and that M r 
Byerley has refused to obey the orders of this Board relating thereto, the revenue ought to be 
puj^ito other hands. 

M r van Dam M r Beeckman Coll" Schuyler of the Same opinion with Coll Wenham 



252 Journal of the Legislative Council of New York. [ 



11th ABSCTO. 
1st Sess n. 



His Ex*. 

Her Maties Instructions being read concerning the disposal! of the publick Revenue, and M r 
Byerley having often disobeyed the repeated orders of this Board Concerning the payment of 
warrants drawn on the revenue, His Ex ly is of opinion M r Byerley be Suspended from the 
receipt of the revenue till her Maties pleasure or my Lord High Treasurers be known herein, 
and his Ex y declared that since my Lord Treasurer found fault with his former suspension, 
his Ex ly would not Suspend him from his office but that tis his Ex ly opinion that care ought to 
be taken that the receipt of the revenue be Lodged in other hands till her Maties and my Lord 
Trear be Informed thereof and her Majteis pleasure be further known ; that his Ex ly shall pay 
all imaginable regard to my Lord High Trear or any other Lord Trear her Matie shall be pleased 
to appoint but since the Charges against M r Byerley have so fully appeared, his Ex ly is of opinion 
that it is for the interest of her Made to order the receipt of y e revenue into other safe hands. 

The Question was put if M r Byerley has disobeyed the orders of this Board or not ? 

M r PHILLIPS, 
Has had no experience of it. 

M r BAEBERIE, 
Has had no dispute with him because he has had no warrants. 

M r MOMPESSOX, 

That it not appearing to this Board that M r Byerley had reced money sufficient to pay sallary 
warrants unpaid, that he is not guilty of any contempt or Disobedience of this Board in not 
allowing M r van