And the said John Pell and Rachel his wife, for themselves respectively, and for their respective heirs, do covenant, promise, and grant to warrant and defend the above granted premises with their appurtenances, and every part and parcel thereof, unto the said Jacob Leisler, his heirs and as» signees, forever, against the lawl'ul charges and demands. In witness whereof the said John Pell and Rachel his wile have hereunto set their hands and seals in New York, the twentieth day of September, in the first year of ihe reign of our sovereign lord and lady, William and Mary, King and Queen of

YoL. I. " 4S

378 HISTORY OF THE

England, &c., &c., in the year of our Lord one thousand six hundred eighty and nine.

The mark of*

John Pell. R-

Racliel Pell. ^

Leisler, the above grantee,^ was authorized by the committee of public safety,^ on the 16ih of August, 16S9, '* to use the power and authority of commander-in-chief, until orders should come from their majesties," King William and Queen Mary. '-And further to do all such acts as are requisite for the good of the province, taking counsel with the militia and civil authority as occasion shall require."'^

For assuming the government Leisler was afterwards tried on

a charsre of hio^h treason, and executed on the 16tliofMav, 1691.

" Ebeling, the Dntch historian of New York, (says Dunlap,)

gives an impartial account of the transactions of this lime, and

the fate of Jacob Leisler.

On the surrenderof the fort (of New York,) Leisler, Milbourne, and others who had form.ed the council, were imprisoned and immediately tried by a court of oyer and terminer, appointed by the governor, instigated by the enemies of Leisler, who again formed the court. The fallen party were arraigned as murderers and traitors.