Caleb Heathcote; for in the will of George Heathcote of Bucks county, province of Pennsylvania, among other items occurs the following : "I give and bequeath unto my cousin, Caleb Heathcote, of the province of New York, the residue of my estate, and nominate him executor of this my last will and testament. "'^

Col. Caleb Heathcote was also a member of the venerable Propagation Society, mayor of New York in 1711, vestryman of Trinity Church from 1697 to 1714, and upon the incorporation of the borough town of Westchester in 1697, chosen first mayor of tliat place.

The following order suere addressed by Benjaujin Fletcher, cnptain-general, and governor-in-chief of the province of New

« Church Rec. Francis L. Hawks, D. D., vol. i. no. 29. b Surrogate's Office N. Y. No. vii. p. 3.

112 HISTORY OF THE

York, ifcc, fo Colonel Caleb Heathcote, con.mander of a regiment of foot in Westchester county.

"Whereas I am informed that several disorders and misdemeanors are daily committed by the regiment under your command, and no obedience paid to my several orders for prevention whereof, for the future, reposing special trust and confidence in your prudence and conduct by virtue of the power and authority to me given by virtue of their majesties' letters patent under their great seal of England, I have thought fit and do hereby erect, constitute and appoint a court martial in Westchester county aforesaid, and hereby I empower and authorize you, the said Caleb Heathcote, from henceforth and at all times, when so often it sliall be found needful to call the said court martial, which shall consist of you, the said Caleb Heathcote, as president judge advocate, and six at least of the commissioned officers under your command, whereof four to be captains, with full power and authority to hear, judge and determine all crimes and offences committed by any officer or soldier under your command, and sentence to pronounce so fiir as fine or imprisonment or other corporal punishment, as the inerit of the crime or offence shall deserve, according to an act of assembly made and provided against such offenders and criminals, and to cause such sentence to be put into execution according to the rules, articles, and laws of war and arms ; provided always that this condition shall continue in force during this war, or till my pleasure be further known, and no longer.