The War being proclaimed at London on the fourth of this Month, Nicolls received the Account of it in June, with a Letter from the Lord Chancellor, informing him, that De Ruyter, the Dutch Admiral, had Orders to vifit New-York. His Lordfhip was mifinformed, or the Admiral was diverted from the Enterprife, for the English peaceably held the Poffeffion of the Country during the whole War, which was concluded on the 21ft of July, 1667, by the Treaty of Breda. Some are of Opinion, that the Exchange made with the Dutch for Surinam, which they had taken from us, was advantageous to the Nation; but thefe Judges do not confider, that it would have been impossible for the Dutch to have preferved this Colony against the increasing Strength of the People in New-England, Maryland, and Virginia. After an Administration of three Years, Nicolls returned to England. The Time during his fhort Residence here, was almost wholly taken up in confirming the antient Dutch Grants. He erected no Courts of Justice, but took upon himself the fole Decifion of all Controverfies whatsoever. Complaints came before him by Petition; upon which he gave a Day to the Parties, and after a fummary Hearing, pronounced Judgment. His Determinations were called Edicts, and executed by the Sheriffs he had appointed. It is much to his Honour, that notwithstanding all this Plenitude of Power, he governed the Province with Integrity and Moderation. A Representation from the Inhabitants of Long Island, to the General Court of Connecticut, made about the Time of the Revolution, commends him as a Man of an easy and benevolent Disposition; and this Teftimonial is the more to be relied upon, because the Design of the Writers, was by a Detail of their Grievances, to induce the Colony of Connecticut to take them under its immediate Protection. Francis Lovelace, a Colonel, was appointed by the Duke, to fucceed Nicolls in the Government of the Province, which he began to exercise in May, 1667. As he was a Man of great Moderation, the People lived very peaceably under him, till the Re-furrender of the Colony, which put an End to his Power, and is the only Event, that fignalized his Administration. The ambitious Designs of Louis XIV. against the Dutch, gave Rise to our War with the States General in 1672. Charles II. a Prince funk in Pleafures, profligate, and poor, was easily detached from his Alliance with the Dutch, by the Intrigues and pecuniary Promises of the French King. The following Paffage from a fine Writer *, fhews that his Pretences for entering into the War, were perfectly groundlefs and trifling. * Voltaire's Age of Lewis XIV. "The "The King of England, on his Side, reproached them with Disrespect, " in not directing their Fleet to lower the Flag before an Englife Ship; and they were also accused in regard to a certain Picture, wherein Cornelius de "Witt, Brother to the Pensionary, was painted with the Attributes of a "Conqueror. Ships were represented in the Back-ground of the Piece,' "either taken or burnt. Cornelius de Witt, who had really had a great "Share in the maritime Exploits against England, had permitted this trifling "Memorial of his Glory: but the Picture, which was in a manner un"known, was deposited in a Chamber wherein scarce any body ever entered. "The English Ministers, who presented the Complaints of their King against Holland, in Writing, therein mentioned certain abufive Pictures. "The States, who always tranflated the Memorials of Ambaffadors into French, having rendered abufive, by the Words fautifs trompeurs, they replied, that they did not know what these roguish Pictures (ces tableau x trompeurs) were. In reality, it never in the leaft entered into their Thoughts, that it concerned this Portrait of one of their Citizens, nor "did they ever conceive this could be a Pretence for declaring War." A few Dutch Ships arrived the Year after on the 30th of July, under Staten Ifland, at the Distance of a few Miles from the City of New-York. John Manning, a Captain of an Independent Company, had at that Time the Command of the Fort, and by a Meffenger fent down to the Squadron, treacherously made his Peace with the Enemy. On that very Day the Dutch Ships came up, moored under the Fort, landed their Men, and entered the Garrison, without giving or receiving a Shot. A Council of War was afterwards held at the Stadt-Houfe, at which were present All the Magistrates and Conftables from Eaft ferfey, Long Island, Efofus, and Albany, were immediately fummoned to New-York; and the major Part of them fwore Allegiance to the States General, and the Prince of Orange. Colonel Lovelace was ordered to depart the Province, but afterwards obtained Leave to return to England with Commodore Benkes. It has often been infifted on, that this Conqueft did not extend to the whole Province of New Jerfey; but upon what Foundation I cannot difcover. From the Dutch. Records, Records, it appears, that Deputies were fent by the People inhabiting the Country, even fo far Weftward as Delaware River, who in the Name of their Principals, made a Declaration of their Submission; in return for which, certain Privileges were granted to them, and three Judicatories erected at Niewer, Amftel, Upland, and Hoer Kill. Colve's Commiffion to be Governour of this Country is worth printing, because it shews the Extent of the Dutch Claims. The Tranflation runs thus: "The honourable and awful Council of War, for their High Mighti"neffes the States General of the United Netherlands, and his Serene High"nefs the Prince of Orange, over a Squadron of Ships, now at Anchor in Hudfon's River in New-Netherlands. To all those who shall fee or hear thefe, Greeting. As it is neceffary, to appoint a fit and able Perfon, to carry the chief Command over this Conquest of New-Netherlands, with "all its Appendencies and Dependencies from Cape Hinlopen on the South "Side of the South or Delaware, Bay, and fifteen Miles more Southerly, with "the faid Bay and South River included; fo as they were formerly poffeffed by the Directors of the City of Amfterdam, and after by the English Go"vernment, in the Name and Right of the Duke of York; and further "from the faid Cape of Hinlopen, along the Great Ocean, to the East End "of Long Island, and Shelter Ifland; from thence Weftward to the Middle "of the Sound, to a Town called Greenwich, on the Main, and to run "Landward in, Northerly; provided that such Line shall not come within ten Miles of North River, conformable to a provincial Treaty made in 1650, and ratified by the States General, February 22, 1656, and January 23, 1664; with all Lands, Islands, Rivers, Lakes, Kills, Creeks, fresh and "falt Waters, Fortreffes, Cities, Towns, and Plantations therein compre"hended. So it is, that we being fufficiently affured, of the Capacity of Anthony Colve, Captain of a Company of Foot, in the Service of their High Mightineffes, the States General of the United Netherlands, and his "Serene Highness the Prince of Orange, &c. By Virtue of our Commission, granted us by their before-mentioned High Mightineffes and his High"ness, HAVE appointed and qualified, as we do by these Presents appoint "and qualify, the faid Captain Anthony Colve, to govern and rule these Lands, with the Appendencies and Dependencies thereof, as Governor 46 General ; to protect them from all Invafions of Enemies, as he fhall judge moft neceffary; hereby charging all high and low Officers, Juftices, "and Magiftrates, and Others in Authority, Soldiers, Burghers, and all the Inhabitants of this Land, to acknowledge, honour, refpect, and obey, "the "the faid Anthony Colve, as Governor General; for fuch we judge neceffary, for the Service of the Country,, waiting the Approbation of our Principals. Thus done at Fort-William-Henderick, the 12th Day of Auguft, 1673. The Dutch Governour enjoyed his Office but a very fhort Seafon, for on the 9th of February, 1674, the Treaty of Peace between England and the States General was figned at Westminster; the fixth Article of which, restored this Country to the English. The Terms of it were generally, "That what"foever Countries, Iflands, Towns, Ports, Caftles, or Forts, have or fhall "be taken on both Sides, fince the Time that the late unhappy War broke "out, either in Europe or elfewhere; fhall be restored to the former Lord "and Proprietor, in the fame Condition they fhall be in, when the Peace it"felf fhall be proclaimed; after which Time, there fhall be no Spoil nor "Plunder of the Inhabitants, no Demolition of Fortifications, nor carrying away of Guns, Powder or other Military Stores, which belonged to any Caftle or Fort, at the Time when it was taken." The Lenity which began the Administration of Colonel Nicolls was continued under Lovelace. He appears to have been a Man, rather of a phlegmatic than an enterprising Difpofition, always purfuing the common Road, and scarce ever acting without the Aid of his Council. Inftead of taking upon himself the fole Determination of judicial Controversies, after the Example of his Predeceffor, he called to his Affiftance a few Juftices of the Peace. This, which was called THE COURT OF ASSIZES, was the principal Law Judicatory in those Times. The Legislative Power under the Duke, was vested entirely in the Governour and Council. A third Estate might then be easily dispensed with, for the Charge of the Province was †fmall, and in a great Measure defrayed by his Royal Highness, the Proprietor of the Country. * This was a Court both of Law and Equity, for the Trial of Caufes of 201. and upwards, and ordinarily fat but once a Year. Subordinate to this, were the Town Courts and Seffions; the former took Cognizance of Actions under 57. and the latter, of Suits between that Sum and Upon Twenty pounds, feven Conftables and Over- The Manner of raising public Money, was established by Colonel Nicolls on the first of June, 1665, Upon Conclufion of the Peace in 1674, the Duke of York, to remove all Controversy respecting his Property, obtained a new Patent* from the King, dated the 29th of June, for the Lands granted in 1664, and two Days after commiffioned Major, afterwards Sir Edmond Androfs to be Governour of his Territories in America. After the Refignation of this Province, which was made to him by the Dutch Poffeffors, on the 31st of October following, he called a Court Martial, to try Manning for his treacherous and cowardly Surrender. The Articles of Accufation exhibited against him, were in Substance, I. That the faid Manning, on the 28th of July, 1673, having Notice of the Approach of the Enemy's Fleet, did not endeavour to put the Garrison in a Pofture of Defence; but on the contrary, flighted fuch as offered their Affiftance. II. That while the Fleet was at Anchor under Staten Island, on the 30th of July, he treacheroufly fent on Board to treat with the Enemy, to the great Difcouragement of the Garrison. III. That he fuffered the Fleet to moor under the Fort, forbidding a Gun to be fired on Pain of Death. IV. That he permited the Enemy to land, without the leaft Opposition. V. That shortly after he had fent Persons to treat with the Dutch Commodores, he struck his Flag, even before the Enemy were in Sight of the Garrison, the Fort being in a Condition, and the Men defirous, to fight. VI. And lastly, That he treacherously caused the Fort Gates to be opened, and cowardly and bafely let in the Enemy, yielding the Garrison without Articles. 1665, and was thus. The High Sheriff issued a Warrant annually, to the High Conftables of every District, and they fent theirs to the petty Conftables; who with the Overfeers of each Town, made a Lift of all Male Perfons above fixteen Years of Age, with an Estimate of their Rent and Perfonal Eftates, and then taxed them according to certain Rates, prescribed by a Law. After the Affeffment was returned to the High Sheriff, and approved by the Governour, the Conftables received Warrants for levying the Taxes by Distress and Sale. * Some are of Opinion that the second Patent was unneceffary, the Duke being revefted per poft liminium. This Matter has been often difputed in the Ejectments between the N. Jersey Proprietors and the Elizabeth Town Patentees. In New-York the Right of Poftliminy was dif regarded, and perhaps unknown; for there are many Inftances, especially on Long Island, of new Grants from Sir Edmond Androfs, for Lands patented under Nicolls and Lovelace, by which the Quit- Rents have been artfully enlarged. |