The matter having been referred to a committee on the petition of Fowler, David Provoost, from this committee, reported that it had sent for several persons and papers and had found that Henry Fowler was elected a member of the House. The report was ai)proved, and the clerk of the crown was ordered before the House to amend the returns by putting out the name of Joseph Purdy and putting in that of Henry Fowler, who, by direction, went then before the Governor and took the oath of office.*

But a more serious matter at this same session was the expulsion of Mr. John Drake, who, with others, violently withdrew, refusing to act with the Speaker (Governeur) on the ground of his being an alien and di.squalified for public office. A new election was ordered, and William Willett, of Westchester, chosen, who, after ten days' occupation of his seat, was expelled for representing the organization of the House illegal, Mr. Willett assuming the same position on the question as Mr. Drake. Another election was ordered, and Colonel Heathcote was now chosen, who, after taking the oath, would not sit. Another election was ordered for the next spring, but the Assembly was itself dissolved on the 3d of May.

On the 30th of September, 1701, as signers of a petition to King William from the Protestants of New York, evidently anti-Leislerians, appear the names of Caleb Heathcote, John Horton, Joseph Purdee, John Drake, William Willett and William Barnes, who

* New York Col. Mss., vol. iv. pp. SOT, 810. 5 Journal of New York Assembly.