To his Excellency Richard Earl of Bellomont, Capt. General and Governour in Chief of his Majesties Province of New-York, &c. The Humble Petition and Remonstrance of the Representatives of this His Majesties Province of New-York in America, convened in General Assembly.
WE the Representatives of this His Majesties Province convened in General Assembly, do with all due Respect and Humility, approach your Lordship, to assure you, That the same Inviolable Loyalty which has hitherto affected and inflamed our hearts towards the Crown and Government of England, will ever preserve us in a most Religious and steady Perseverence therein, being throughly sensible how great a Blessing it is to be subject to the best and greatest of Kings, and under so Noble a Constitution of Laws, as makes ENGLAND this day the Envy of all its Neighbour Nations. Yet we cannot but with great grief of heart represent to your Lordship, that we have not of late Years enjoy'd the Felicity of those excellent Laws, which in their own Nature and Designment are to extend to all the Subjects of the Crown, how Remote soever, at least virtually, and wherein the Lives, Liberties and Properties of the Subjects are concerned.
We were very Uneasie under an Arbitrary Commission in the late King James's Reign, which gave the Governour of this Province, among other Arbitrary Powers, that of levying Money without calling an Assembly, whereby we reckoned that our Lives, as well as Estates, were subject to the Arbitrary Will of a Governour, contrary to the known Laws of England; and Money was actually levyed on us, pursuant to the Illegal Powers of the said Commission. The Exercise whereof, and the dreadful Violence we also apprehended would be done to our Consciences, in respect of our Holy Protestant Religion, from a Popish Arbitrary King, made Us Unanimously and heartily throw off the Yoke of Popish Tyranny, and Declare for his then Highness the Prince of ORANGE, upon the first News we had of his Glorious and Unparralled Expedition into England.
We acted then, as we conceived, on a Right Principle, and we were the more confirmed in that Belief, because we acted in Commerce and Conformity with the Glorious People of England. But to our great Amazement and Sorrow we have suffered severely for our early Service to King William and the Crown of England, most of us in our Liberties and Estates, and two of our Friends (who had the Honesty and Courage to stand in the Gap (when others shamefully drew back and deserted the Protestant Cause, and were therefore by Universal Consent of the People thought most Worthy to be Chief in Command, till Orders should come from England) who fell a Sacrifice to the Rage and Malice of the Jacobite Party in this Province, who though few in Number, at that time, had nevertheless the Power and Influence to prevail on the weakest of Men, Coll. Henry Slaughter, Governour of this Province, to order a Tryal for those brave Men, and appoint such [Page 2] a set of Judges, as by Principle and Prejudice, would not fail to gratifie the Malice of their Party, as they did, under a form of Law, which made it the more Cruel and Arbitrary, the said Tryal being ordered by the Governour, and mannaged by the Bench, contrary to all the Rules of Justice and Humanity; for we are able to make appear, if thereunto required, that never a Revolution was carried on and mannaged with more Moderation in any part of the Christian World.
And further, to instance the Weakness, as well as Cruelty of the said Governour, in appointing Nicholas Bayard, William Nicolls (lately suspended by your Lordship from his Majesties Council) and several others, to mannage, the Tryal against Capt. Leysler, Mr. Millbourn, and the other six Prisoners, who were all their avowed Enemies, and bore a mortal grudge to the said Capt. Leysler, for their having been by him imprisoned in the Fort, for opposing the late happy Revolution, and endeavouring to raise a Tumult among the People, and disturb the Peace of the Government, and for telling Capt. Leysler to his face, That the Parliament of England voting and enacting the Thrones being Vacant, was Non-sence, that there was no such thing possible in Nature, nor by the Laws of England. Governour Slaughter too by lodging in Nicholas Bayards House, was the more pressed, and sooner prevailed on by Bayard's Importunity, to sign the Warrant of Execution. And as an infallible token of the share he had in that Council, there was Flag hung out of a Window of his House for two days together before the day of Execution, as a Trophy and Signal of the Point gained by him on the said Governour, and of the Victory over the Lives, not only of innocent, but most deserving Men. In those days it was, when the Protestant Subjects were Dis-armed, and Papists Armed; Nay, the publick Faith of Government was Violated; for a Reprieve had been sealed to respit the Execution of these Gentlemen, until His Majesties Pleasure should be known; yet before this could reach his Majesty, they were Executed. And notwithstanding the Governours Proclamation to invite such as fled to shun the same hard Fate, several whereof were nevertheless Fined and Imprisoned; and certainly more had undergone the hard Fate of Capt. Leysler and Mr. Millbourn, had it not been for Governour Slaughter's suddain Death, and the Reflection he had, though too late of this Barbarous and Unwarrantable strange Execution. This was the end of Capt. Leysler and Mr. Millbourn, the former whereof has expended 2700 l. out of his own proper Estate, for the Service of his Majesty. These were the days of Wrath and utter Darkness, so that we must say with the Apostle, Wo unto them, for they have gone in the way of Cain.
Then, contrary to his Majesty's Letters Patents, Richard Ingoldsby, a hot headed inconsiderate Person, and only a simple Captain of Foot, is made Commander in Chief; and in all the time of his Administration, Oppression is still continued. Nor could change of Government remedy the same, by the coming of Coll. Fletcher, who, although no blood spilt, yet bruised the Bone of the Remnant left, and made his Government an entire mass of Corruption, by encourageing Pyracy and Unlawful Trade, and giving away almost all the vacant Lands in the Province, to a few Disaffected and Undeserving Men, neglecting the Fronteers of this Province, and packing Representatives to serve in General Assembly, imbezeling and squandering away the Revenue, and other Publick Moneys, setting Atheistical Persons in Places of greatest Trust in the Government. All which, and many more Instances of his Male-Administration, as we are informed, have been already transmitted to England by your Lordship.
The Representatives convened in several, taking Notice of what was done herein for Relief, by that most august Senate, the Parliament of England, in Reversing of the Attainders of Jacob Leysler, Mr. Millbourn, and others, Cannot but with the greatest of Zeal, and fervency of Affection send up their Prayers to the great Majesty of Heaven and Earth, for the Preservation of his Majesty's Royal Person, and of that [Page 3] most excellent Constitution, and for the Ministers of State, the influence of whose wise and honest Council, is felt, even at this vast Distance from England. And in humble Confidence of his Majesties Goodness, We humbly pray your Excellency to lay before his Majesty, this our most humble Petition, hoping that the same good Angel who led your Excellency to attend his Majesty, when Prince of Orange, in his glorious Expedition for England, and brought your Excellency safe amongst Us, to put a stop to the Oppressions we groaned under, will now move your Lordship in our behalf, to interceed with his Majesty for our Relief (although as Christians we would forgive our Enemies and Oppressors) That he would be gratiously pleased to extend of his Royal Bounty and Favour on the Families of the said Leysler and Millbourn, and also order the said Sum of two Thousand seven Hundred Pounds to be paid unto her, (and that care be taken to pay such Debts as are owing for what was expended in the late happy Revolution in this Province) in consideration of their Sufferings and Services for his Majesties Interest and this Province.
That for the better Administration of Justice two able Judges may be sent from England, and two or three able Council, who have acquired to that Noble Profession by Study, and not by Usurpation, for the Maintenance whereof we shall not be wanting.
That Coll. Fletcher's Coat of Arms may be pulled down from the Kings Chappel in the Fort, and Trinity Church in this City; that since he left no Monuments of Vi [...] and a just Administration, those of his Nautious and Insupportable Pride and Vanity may not remain to Posterity, especially since his Birth was so mean and obscure as that he was not entituled to bear a Coat of Arms.
All which the Representatives again humbly move your Excellency to lay before his Majesty, together with our most Inviolable Loyalty and Obedience to his Majestys Command.