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the Conduct of Sir William, though they confefs the Valour of his Troops. La Hontan, who was then at Quebeck, fays, he could not have acted in a Manner more agreeable to the French, if he had been in their Interest *.

* Dr. Colden supposes this Attack was made upon Quebeck in 1691, but he is certainly miftaken: fee Life of Sir William Phips published at London in 1697. Oldmixon's Brit. Empire, and Charlevoix.

Among the Causes of the ill Succefs of the Fleet, the Authour of the Life of Sir William Phips, mentions the Neglect of the conjoined Troops of New-York, Connecticut, and the Indians, to attack Montreal, according to the origi

nal Plan of Operations. He tells us that they marched to the Lake, but there found themselves unprovided with Battoes, and that the Indians were diffuaded from the Attempt. By what Authority these Affertions may be fupported, I know not. Charlevoix fays our Army was disappointed in the intended Diverfion, by the Small-Pox, which feized the Camp, killed three Hundred Men, and terrified our Indian Allies.

THE

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From the Revolution to the fecond Expedition against Canada.

W

HILE our Allies were faithfully exerting themselves against the common Enemy, Colonel Henry Sloughter, who had a Commis fion to be Governour of this Province, dated the 4th of January 1689, arrived here, and published it on the 19th of March 1691. Never was a Governour more necessary to the Province, than at this critical Conjuncture; as well for reconciling a divided People, as for defending them against the Wiles of a cunning Adversary. But either through the Hurry of the King's Affairs, or the powerful Interest of a Favourite, a Man was fent over, utterly destitute of every Qualification for Government, licentious in his Morals, avaricious, and poor. The Council present at his Arrival were

Jofeph Dudley,
Frederick Philipfe,
Stephen Van Courtland,

Gabriel Mienvielle,
Chudley Brook,
Thomas Willet,
William Pinhorne.

If Leisler had delivered the Garrison to Colonel Sloughter, as he ought to have done, upon his first Landing, besides extinguishing, in a great Degree, the Animofities then fubfifting, he would, doubtlefs, have attracted

the

the favourable Notice, both of the Governour and the Crown. But being a weak Man, he was fo intoxicated with the Love of Power, that though he had been well informed of Sloughter's Appointment to the Government, he not only shut himself up in the Fort with Bayard and Nichols, whom he had, before that Time, imprisoned, but refused to deliver them up, or to furrender the Garrison. From this Moment, he loft all Credit with the Governour, who joined the other Party against him. On the second Demand of the Fort, Milborne and Delanoy came out, under Pretence of confering with his Excellency, but in reality to discover his Defigns. Sloughter, who confidered them as Rebels, threw them both into Goal. Leifler, upon this Event, thought proper to abandon the Fort, which Colonel Sloughter immediately entered. Bayard and Nichols were now released from their Confinement, and fworn of the Privy Council. Leller having thus ruined his Cause, was apprehended with many of his Adherents, and a Commiffion of Oyre and Terminer iffued to Sir Thomas Robinson, Colonel Smith, and others, for their Trials.

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In vain did they plead the Merit of their Zeal for King William, fince they had fo lately opposed his Governour. Leifler, in particular, endeavoured to justify his Conduct, insisting that Lord Nottingham's Letter entitled him to act in the Quality of Lieutenant Governour. Whether it was through Ignorance or Sycophancy, I know not: but the Judges instead of pronouncing their own Sentiments upon this Part of the Prisoners Defence, refered it to the Governour and Council, praying their Opinion, whether that Letter or any other Letters, or Papers, in the Packet from White-Hall, can be understood, or interpreted, to be and contain, any Power, or Di‚' rection to Captain Leifler, to take the Government of this Province “himself, or that the Administration thereupon be holden good in Law.” The Answer was, as might have been expected, in the Negative; and Leifler and his Son were condemned to Death for High-Treason. These violent Measures drove many of the Inhabitants, who were fearful of being apprehended, into the neighbouring Colonies, which fhortly after occafioned the paffing an Act of general Indemnity.

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From the Surrender of the Province to the Year 1683, the Inhabitants were ruled by the Duke's Governours and their Councils, who, from Time to Time, made Rules and Orders, which were esteemed to be binding as Laws. These, about the Year 1674, were regularly collected under alphabetical Titles; and a fair Copy of them remains, amongst our Records, to this Day They are commonly known by the Name of The Duke's Laws.

The

The Title Page of the Book, writen in the old Court Hand is in these bald Words,

JUS

NOVE EBORACENSIS;

VEL,

LEGES ILLUSTRISSIMO PRINCIPE JACOBI DUCE EBORACI ET ALBANE, ETC. INSTITUTE ET ORDINATE,

AD OBSERVANDUM IN TERRITORIIS AMERICA; TRANSCRIPTE

ANNO DOMINI
- MDCLXXIV.

Those Acts, which were made in 1683, and after the Duke's Acceffion to the Throne, when the People were admited to a Participation of the legislative Power, are for the most part roten, defaced, or loft. Few Minutes relating to them remain on the Council Books, and none in the Journals of the House.

As this Affembly, in 1691, was the firft after the Revolution, it may not be improper to take some particular Notice of its Transactions *.

It began the 9th of April, according to the Writs of Summons iffued on the 20th of March preceding. The Journal of the House opens with a List of the Members returned by the Sheriffs.

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