Note 392 — [IN NEW YORK.] (continued 2)

While it may be doubted whether in strictness the language of the grants to Berkeley and Carteret gave them rights of government, precedents extending from 1665 allowed them the constant exercise of such rights. Andros, however, especially now that Sir George Carteret had died, in January, 1680, asserted that all rights of government remained unimpaired in the Duke of York. Governor Carteret's narrative of the high-handed proceedings by which he tried to exercise these rights may be seen in Leaming and Spicer's Grants and Concessions, pp. 683, 684. Substantially it agrees with that of Danckaerts. The arrest took place on April 30, 1680, the trial on May 27. But by additional deeds of release, in August and September, 1680, the Duke conceded governmental rights to the representatives of the proprietaries. Andros was recalled, but remained in favor.