MINUTES
of the
EXECUTIVE COUNCIL
*
Frontispiece Vol. I
JAMES, DUKE OF YORK, AS JAMES II.
from the Original Painting by John Riley in the National Portrait Gallery, London. (Original measures 47% by 38V£ inches.)
of New "\
\(orK (colony).
\\
MINUTES of the
EXECUTIVE COUNCIL
of the Province of New York '
Administration of Francis Lovelace
1668-1673
• 1
Volume I ^^
MINUTES
COLLATERAL AND ILLUSTRATIVE
DOCUMENTS I-XIX
Edited by VICTOR HUGO PALTSITS, State Historian
PUBLISHED by the STATE OP NEW YORK, ALBANY, 1910
n
REPORTED TO THE LEGISLATURE April 5th, 1909 May 2d, 1910
Albany, N. T.
J. B. Lyon Company, State Printers 1910
TABLE OF CONTENTS
Page.
Table of Contents 5
List of Illustrations 7
Key to Abbreviations 9
Introduction 1 1
Minutes (annotated) 19
Collateral and Illustrative Documents in this volume,
Nos. I to XIX, as follows: — No. I. Proclamation of Fast Days, September 8th
and 22d, 1668 191
No. II. Regulation of Commerce — Exports and
Imports 194
No. III. John Archer, and his Controversies with
Fordham, Harlem, Westchester, and Individuals. 1 95
No. IV. New Ferry at Spuyten Duyvil 222
No. V. New Road between New York and Harlem . 230 No. VI. Town of Westchester, William Willett and
Thomas Hunt, Sr 231
No. VII. Yonkers — Van der Donck's Purchase. . . . 234 No. VIII. Bushwick vs Newtown — Boundary Dis- pute 235
No. IX. Nangenutch alias Will, an Indian, for Rape
at East Hampton, L. 1 240
No. X. Esopus Papers — Kingston, Hurley and Mar-
bletown 241
No. XI. Delaware — Long Finn Insurrection 309
No. XII. Delaware — Rape by an Indian 323
No. XIII. Delaware — Case of William Douglas. . . 324
No. XIV. Newtown — Case of Abraham Frost. . . . 326
Table of Contents
Page.
No. XV. Controversy between Nicasius de Sille and
Catharina, his wife, about their Estates 327
No. XVI. Divorce Case of Rebecca Leveridge against
Eleazar Leveridge, of Huntington, Long Island . 33 1
No. XVII. Staten Island — Final Purchase of Island
from Indians in 1670 337
No. XVIII. Thomas Mayhew, Jurisdiction of Mar- tha's Vineyard, Nantucket, and other Islands, etc 345
No. XIX. Albany Affairs and Pacification of the
Mohawks 377
Note: — These Collateral and Illustrative Documents are continued and concluded in the second volume.
ILLUSTRATIONS
Portrait of James, Duke of York, as James II . . Frontispiece
From the original painting by John Riley in the National Portrait Gal- lery, London, England. It is undated but shows a younger face than the portrait by Kneller in the same collection, which represents him at the age of fifty-one years.
Facsimiles of the Autographs of Richard Nicolls and Fran- cis Lovelace, the* First Two English Governors of New
York — Exact Size Opposite p. 1 1
First Page of the Council Minutes Opposite p. 21
Articles of the Surrender of New Netherlands in 1664 Opposite p. 65
From the very rare original Dutch broadside in the New York Public Library. It was probably issued in Holland to be used as a poster.
Draught of the Land in Dispute between Pell and Rich- bell Opposite p. 1 19
From the original manuscript in Land Papers, vol. i, p. 10, in the office of the Secretary of State.
Facsimile of the Title Page of Daniel Demon's "Brief Description of New- York/' 1670 Opposite p. 132
From a very rare copy intact with the date in Columbia University Library. It is the first separate printed account of New York in English.
A Page of the Council Minutes, showing the lower quarter rotten and the writing faded Opposite p. 137
Draught of Fordham and the Meadow, [1669]. Opposite p. 195
From the original manuscript in Land Papers t vol. i, p. 13, in the office of the Secretary of State.
7
8 Illustrations
Reduced Facsimile of Robert Rider's Survey of Long Island and Environs, 1670 Opposite p. 237
From the original manuscript (17^ by 51 inches) owned by the New York Historical Society, by whose courtesy it is reproduced here.
Last Page of the Proceedings of the Court held at Esopus (Kingston) in 1670, with the Signatures. . Opposite p. 303
Signatures of Witnesses to the Indian Indenture Deed con- veying Staten Island in 1670 Opposite p. 340
From the original manuscript now in the archives of the New York State Library, but of late in Land Papers, vol. i, in the office of the Sec- retary of State. The duplicate indenture deed is owned by the New York Historical Society.
Marks of Indians on the Indenture Deed conveying Staten Island in 1670 Opposite p. 341
See preceding note.
Plan of Manhattan Island and Environs, with an Inset Plan of New York City, circa 1665 In Pocket.
From the original manuscript in the British Museum, London, Eng- land, Additional Manuscripts, No. 16371. It is the so-called Nicolls map, a name given to it because produced while Richard Nicolls was governor of New York. It is the largest extant plan of Manhattan Island made during the English colonial period, and is reproduced here in exact size of the original.
KEY TO ABBREVIATIONS
This key is designed to elucidate only the more abstruse abbreviations and contractions that occur in these two initial volumes to assist the amateur in reading the texts. The writers of the original manuscripts did not always mark contractions as custom demanded and they were not par- ticularly consistent when they did mark them. In these volumes the texts are printed as closely verbatim et literatim et punctuatim as typography will allow. The contraction mark is usually placed on or over the letter which immedi- ately precedes the place of elision ; but there are exceptions. Perhaps the commonest survivals of signs that have come down to the present day are &f (and), a cursive writing of the Latin word et ; and ^ (Per).
A mark over a letter sometimes indicates that it is doubled, as in comonly, rune, Sumes. Admtors= Administrators. ats = alias. fc = syllable ber, as in Hifcniae (Hiberniae), Rofct (Robert),
Decemfe, (December). C. A. = an editorial designation for the manuscript records
of the Court of Assizes, vol. 2, in the New York
State Library. Col. MSS. =an editorial designation for the volumes of New
York Colonial Manuscripts in the New York State
Library.
Cott and Colt : = Col one!.
Comners, Com5?*, Comn" and Coin1? = Commissioners. Comp*1 = Complaint, con = syllable tion in words that have it. D& = Defendant. Dfi6 = Domine. Dm = Domini.
9
io Key to Abbreviations
G. E. = an editorial designation for the manuscript volumes of General Entries, vols. I and 4, in the New York State Library.
Gen**1, Gen11, Gen^1 and Genr.tt = Generall.
Gent.= Gentleman, Gentlemen.
gra= gratia (p. 286).
Im = Item.
Inhitants = Inhabitants (p. 231).
int= inter (between).
itt : 1 8s : ooa = One pound, eighteen shillings and no pence, English money.
Lres = Letters.
Magrate = Magistrate.
MaH68 = Ma jesties (Majesty's).
O. W. L.= an editorial designation for the manuscript vol- ume of Orders, Warrants, Letters, vol. 2, in the New York State Library.
^P and p = syllables, par, per, por.
P and p = syllable pro.
PetnT5 = Petitioners.
P'ts = Plaintiffs.
poc? = pound (p. 148).
p nts= presents (p. 235).
q$ = syllable que, as in Annocp (Annoque), Public^ (Pub- lique); also used as a contraction in Escp (Esquire).
Rich = Richard.
sd = said.
Souttiton = Southampton.
Jf and t = syllable ver in Dutch texts.
wc.h= which.
Xpians = Christians.
y = a survival and modification of an Anglo-Saxon letter, whose value is th, and it is always so pronounced when written in the words ye (the), y' (that), ym (them), yn (then), y^ (they).
Opposite p. M .
AUTOGRAPHS OF THE FIRST AND SECOND ENGLISH GOVERNORS OF NEW YORK.
INTRODUCTION
nnH]
IE Minutes of the Executive Council of the Province of New York span more than a century of rime. They embrace virtually the entire English colonial period of New York, and represent official administrative materials of the first magnitude.1 But the body of these minutes has never been printed in extenso, whilst selections of only a very small part have appeared in various works in unsyste- matic relations and with many textual inaccuracies.2
It has been deemed pertinent, in presenting the initial volumes for the consideration of historical students, to offer a detailed statement of plan and editorial methods. Transcription has been done with the strictest regard for accuracy and in accordance with the best canons of his- torical documentation. The State Historian has himself copied the body of the minutes printed in this volume, as well as a large number of accompanying documents, and has reviewed and revised all transcripts directly from the originals. Likewise, he has read the printer's proofs with the original manuscripts. He has selected and systematized the documents; has written all of the annotations, and planned the mechanical coordination of the material for the printer. A special archivist's key-board was con-
1 A calendar of the minutes was published, in March, 1902, as Bulletin 58 of the New York State Library, which is designated more particularly as No. 6 of the library's history series.
* For example, in Documents relative to the Colonial History of the State of New York, vols. 12-14, embracing selections for the years 1668 to 1683.
12 Province of New York
structed for the typewriter and special sorts of abbreviations were designed for punches for the printer.
Brevity and crudity characterize these minutes — hence they are very often involved or unintelligible. Business determined in council, but not engrossed in the minutes, has been found in the volumes of general entries. Great pains have been taken in studying and interpreting the materials. The business in council originated from litiga- tions, petitions, complaints, letters and other papers which came before the governor and his associates for considera- tion; and the proceedings in council gave origin to com- missions, court cases, orders, warrants, letters, licenses, passes, proclamations and other official papers. In order to revivify the minutes and restore the administrative history of the period, the engrossed miscellaneous records,1 engrossed deeds,2 and original colonial manuscripts 3 were combed over several times for the collateral documents which, more or less veiled, are referred to in the minutes, and for other records which are quite as illustrative of the matters discussed and adjudicated. These two classes of records have been brought together in cases or groups as "Collateral and Illustrative Documents." They are placed after the body of the minutes; are authenticated properly as to source, and each case or group has been given a distinct roman number. The discovery of this accompanying material, often dimly discernible as to its relationship, has involved a great task and has consumed much time. The engrossed records are proof that they
1 Known as Orders, Warrants, Letters, vol. 2; General Entries, vols. i and 4; Court of Assizes, vol. 2, including miscellaneous records as well as the court records. In Archives of the New York State Library.
J In the office of Secretary of State, from which a few patents were also procured.
8 Volumes of the heterogeneous collection known as New York Colonial Manuscripts, in the archives of the New York State Library.
Introduction 13
were entered often days, sometimes months and even a year or more after the date of their origin. Whenever a subject appears in the minutes which can be elucidated by related records, reference is made in a foot-note of the min- utes to the proper numerical group or groups of the "Col- lateral and Illustrative Documents."
The council minutes in this volume cover the period during which Colonel Francis Lovelace was governor under the Duke of York, from the first convening of the council, on September 2, 1668, until interruption just before the retaking of New York by the Dutch, in the summer of 1673. It is known that Colonel Richard Nicolls, who was the predecessor of Lovelace from August, 1664, until about August, 1668, had an advisory council; but no minutes exist for that period, and no evidence has been found that distinctive minutes were kept. The executive acts of Nicolls are available in general entries and correspondence, and the minutes of the court of assizes for the period reveal functions similar to those afterwards embodied in regular council minutes. The court of assizes, in fact, acted as a law making body. So that, notwithstanding the prescrip- tions in the code known as the Duke of York's laws, there were provisions that appear not to have become immediately operative.
The annotations to the council minutes are designed particularly as supplementary data. They add to the understanding of the material and intensify the personnel of the records. A real difficulty was encountered in keep- ing that part of the work within reasonable limits, on account of the superabundance of data that had been gathered for editorial service. The annotations usually authenticate themselves. They are derived from original manuscripts and engrossed records of the State preserved in the archives
14 Province of New York
of the New York State Library and the office of the Secre- tary of State. The printed local records of the jurisdictions of the period have been consulted, and some hundreds of such secondary works as county and town histories and genea- logical publications have been examined. It is manifest that these secondary works cannot be guaranteed for every statement quoted. They vary greatly as to value, but they do at times supply important sidelights and furnish creditable data not otherwise obtainable in print. They have been used cautiously and often are merely suggested at the end of a note. It has not been my purpose to write biographical or genealogical notes. That feature is inci- dental to the main object. I have sought to illustrate who the persons were, in their bearing and relations to the events in which they figure in these particular minutes and gen- erally within the period embraced by the administration of Governor Lovelace. But it has been deemed wise at times to extend the period at both ends in the interest of lucidity. It would have rejoiced me much to have carried on these investigations among the unpublished original local records of New York City, and the old settlements of Long Island, Westchester, Ulster and Albany counties. Such investigation would have led also far afield, into the colonial archives of neighboring colonies and the records of the Public Record Office, in London. Lack of time, money and assistants were sufficient reasons for waiving such a herculean task. The chief result of such extended inquiry would have been a more intimate exhibit of intercolonial relations, local conditions, and the status of particular litigations in courts of sessions, before they were handed up to the governor and council or to the court of assizes. The bodies of early court records of colonial New York
Introduction 15
should be published independently as an organic whole.1 In this work, the minutes of the court of assizes have been quoted in the annotations. But one exception has been made, in the case of Richard Smith against the town of Huntington, because that controversy persisted through some years, in council and in courts. A full transcript of that case from the minutes of the court of assizes has been included with the other collateral papers of the period.
It is regrettable that there are gaps in the related docu- ments and that imperfections in others mar the continuity of evidence. Ignorance, vandalism and war have con- tributed their share of havoc in the past, and it is remarkable that so many of the records yet remain.2 In compliance with a joint resolution of the legislature, passed February 18-19, 1819, many of the records, then in the office of the Secretary of State, were rebound. The set of council minutes and the related volumes of general entries were among them. But as the lettering of the bindings was done carelessly, titles were transformed and sets became mixed.3
The council minutes now printed in this volume cover one hundred and fifty-nine pages of a small folio volume lettered "COUNCIL/MINUTES/3/i 668-1 678/SECRYS/ OFFICE." The volume has also an early manuscript index, for 1668-1673, of eleven unnumbered pages. This constitutes part i. Part ii begins with October 31, 1674, and ends with the session of November 30, 1678, and has one
1 For example, I have planned to collect from various places those of the court of assizes, to form a future publication.
8 See Tragedies in New York's Public Records, by the present State His- torian, in Annual Report of American Historical Association, 1909.
1 An account of these records was printed as Senate Document, No. 2, entitled: Report of the Secretary of State relative to the Records, etc. in his Office. Albany, 1820. Folio, 43 pp. Many of them were removed to the New York State Library, by act of legislature, passed April 19, 1881 (N. Y. Laws, 1881, ch. 120).
1 6 Province of New York
hundred and eighty-eight pages and an early index of fifteen unnumbered pages. The volume number does not appear in the manuscript, but on preliminary blank leaves are found, in early handwritings: "Matters Relating to Council 1668. to 73", and "Matters of Councell." During the rebinding, already referred to, "General Entries 1664- 65 " 1 and "Court of Assize, 1665-72" were lettered as i and 2, respectively, of a set of thirty-three volumes of council minutes and general entries, which caused the first volume of council minutes to be dubbed as 3. The minutes of the intervening Dutch control (1673-4), are in New York Colonial Manuscripts, vol. 23, pp. 1-270, and have been translated and printed in Documents relative to the Colonial History of the State of New York, vol. 2, pp. 569-730. Toward the end of the second- part of the so-called third volume another interruption in the minutes occurs from November 10, 1677, to August 17, 1678, including the period of the visit of Governor Edmund Andros to England and the temporary regime of Captain Anthony Brockholls. A few minutes for this period are found in New York Colonial Manuscripts, vols. 26 and 27. A volume of "General Entries" (1671-1674), having been lettered as 4,2 the next volume of the minutes for 1683 to 1688 is marked as 5, producing a gap from 1678 to 1683, part of which, to Novem- ber 19, 1680, is supplied in New York Colonial Manu- scripts, vols. 28 and 29, whilst executive acts are recorded in "General Entries" (1678-1680), lettered as vol. 32, and in "Entries" (1682-1683), lettered as vol. 33. Another
'Printed and abstracted as History Bulletin, No. 2 (May, 1899), of the New York State Library.
» Really vol. 4 of the miscellaneous engrossed records. In 1772, a vol. 4 of the council minutes was yet in the secretary's office, covering from December, 1678, to September, 1683. This is now missing and its whereabouts is unknown.
Introduction 17
hiatus in the minutes occurs between vol. 5, breaking off with the last council under Governor Thomas Dongan, August 2, 1688, and vol. 6, which begins with the first council under Governor Henry Sloughter, on March 19, 1691. The State has no regular minutes for the first year of this period when New York was united with New England under Governor Edmund Andros, but the administration of Jacob Leisler, for the years 1689 to 1691, is represented by a few minutes and many letters, commissions, appoint- ments, orders, accounts, etc., in New York Colonial Manu- scripts, vol. 36. Beginning with vol. 6, the minutes form virtually an uninterrupted series till February 14, 1776, inclusive. There are also a few minutes of councils of Governor James Robertson and Lieutenant Governor Andrew Elliott, from March 23, 1780, to November 19, 1783, of sessions in New York City during the British occupation.1
When the first regular colonial legislature 2 was convened, in 1691, by Governor Sloughter, the council became a legis- lative body, coordinate with the assembly, but continued also its executive sessions. Its legislative minutes have been printed in two large volumes, as Journal of the Legis- lative Council of the Colony of New-York. Began the qth day of April, 1691; and ended the ^d day of April, 1775 (Albany, 1861). The executive and legislative minutes were first entered, reversed, in vols. 6 to 8, the legislative minutes occupying the end of each volume. In vol. 6 were entered
1 As the governors of the royal colonies were required to transmit regularly to England copies of council proceedings, among other official records, for approval and information, many of them are yet preserved in the Public Record Office, London, among the Colonial Office Papers, Class 5. Some of the gaps that appear in the State's archives, after 1686, it will be possible to supplement from this source. See Andrews. List of the Journals, etc., pp. 477, ff., in Appendix D. Ninth Report of the Public Archives Commis- sion of the American Historical Association, 1908.
* There was of course a representative assembly as early as 1683.
1 8 Province of New York
also the minutes of the council in its judicial capacity, for 1687-1688, and in vol. 7 the proceedings of the court of oyer and terminer, for 1679-1685. The executive and legislative functions were mingled in vols. 9 to 17 (1702- 1736), and the legislative minutes that have been printed were marked at the time of publication by a pen or pencil line in the margins of the manuscripts. Vols. 18, 20, 22, 24, 27, 28, and 30 contain only legislative minutes and were printed entire in 1861. Vols. 19, 21, 23, 25, 26, 29, and 31 complete the quota of engrossed executive council minutes. But the State has besides the engrossed minutes parts of two extra sets. The second set is made up of rough copies in blank books and, allowing for some breaks, covers the years 1709 to 1776. The third set contains the original drafts of the proceedings on loose sheets, from 1754 to 1775.* So it will appear evident that the proper editorial supervision of the executive council minutes, for a large period, will require a careful collation of two or three sets owned by the State and the minutes, after 1686, in the Public Record Office, London. Only by this procedure can a standard text be established. Added to this task is the selection and proper coordination of the miscellaneous engrossed and original documents for the entire body of minutes, commensurate with the plan outlined and put into execution in these initial volumes. The State could not do itself greater honor than to encourage the persistent prosecution of a work so important for students and so desirable to rehabilitate her administrative history during the entire English colonial period.
VICTOR HUGO PALTSITS
State Historian Albany, July 27, 1910.
1 Calendar of Council Minutes (Albany, 1902), p. 3, ff.
MIN UTES
1668-1673 19
Opposite p. 21.
fe tff? Lett afr<**r &ina JR* tff
\H-ff tiA^ftf-Jlf*
.
:
FIRST PAGE OF THE COUNCIL MINUTES.
(Reduced from ll^ by 7% inches.)
[sJp?8a] Executive Council Minutes 21
[i] At a Councell held at Forte James in New
Yorke y6 2* day of Septem: 1668. Present.
His Honor ye Governor Mr Mayof Cap* Willett Mr Whitfield The Seer:1
It is this day Ordered, That a Fast or Day of Humiliation A Fast
bee kept throughout this Governm* to deprecate Gods da?r ap~ . r to . . £ pomted.-
afflicting hand from us, & to imprecate his Blessing upon the Governor & Governing To w0*1 end a Proclarnacon is to bee issued forth.// 2
Ordered, That Tuesday next bee y6 day appointed to bee sett apart being the 8th of this instant Month, for the City of New Yorke & the Libertyes thereof./
Ordered, That Tuesday Fortnight following being the 22th day of this Month bee observed in like manner for the Inhabitants of Albany & ye Sopez,3 & soe likewise through- out all ye rest of his Royall Highness Territoryes upon Long Island &c:/
Ordered, That Proclamations bee speedily issued out to the respective Places, & that the Proclamation for this City bee read on Thursday next at the State-House, at the usuall houre, of which Notice is to bee given./
1 Francis Lovelace, governor; Cornells Steenwyck, mayor of New York City; Captain Thomas Willett, former mayor of New York City; Ralph Whitfield, treasurer of the province; Matthias Nicolls, secretary of the council.
•Collateral and Illustrative Documents, No. I. See also Records of New Amsterdam, vol. 6, p. 144.
1 Esopus, or the Esopus, and officially renamed Kingston on September 25, 1669; but the new name is actually applied two days earlier in the documents. — Collateral and Illustrative Documents, No. X.
22 Province of New York Upt683]
[2] At a Councell held Septembr the 3d
1668. &c: — Present.
The Governor
Mr Mayor Capt Willett Mr Whitfield The Secretry
Settlem* The Matt? under consideracon was about ye Settlem* of Commerce between this & the NeighboT Colonyes in the West-Indyes &c: the wch was digested into severall Heads, & Recorded Coppyes whereof are affixt at the Custome House, & have been sent abroad to the respective places.// They are upon Record, soe omitted here.^1
Nov. 6. 1668. Before noone.
At a Speciall Meeting appointed by the Governor to heare a Matt? in Difference between — The Inhabit1.5 of New Harlem \ by Dan: Turnier, Jn? Vervelen I P*.ts Resolved Waldron, & ye Constable2 )
John Archer Def*
Their Peticon by way of Plaint is read & their Patent produced.^
1 Collateral and Illustrative Documents, No. II.
* Daniel Tourneur, whose name is also found in the records as Terneur, Turneir, Turnier and Turner, was then deputy sheriff; Johannes Verveelen was ferryman, an overseer and former constable; Resolved Waldron was an overseer and former constable; and Pieter Roelofsen was constable of Harlem. For an account of this controversy and personal data of the persons men- tioned above see Riker. Revised History of Harlem (New York, 1904), pp. 248-251, 261, 634-635, 678-680, 691-694, 792, 793; Toler and Nutting. New Harlem (New York, 1903), pp. 47-50, 304-309, 311-312; Records of New Amsterdam, vol. 6, p. 150.
Executive Council Minutes 23
[3] The Def' denyes any Clayme to ye Lotts upon the Difference
about Land.
Maine N? I. 2. 3. 4. wth wch hee is charged, but hath pur- about
chased Land near adjoyning that was the Youncker Van der Duncks;1
It being taken into Consideracon, It was order'd2 That the Def* doe bring in the Pa* for the Younckers Land in 15 dayes time, wth what Right hee hath to the Land where hee hath built, at wch time some Persons shall bee appointed to view the Meadow belonging to Harlem3 upon the Maine, & to make Reporte hojv it may bee preserved from the Deft3 trespassing on it, wch said Persons shall also bee ordered to view the Passage at Spiting-Devill, how it may bee made convenient for Travailers & Drift of Cattle, ye fferry at Harlem being found incommodious, & not answering the Ends formerly proposed./4
After
noone.^
The other part of y* Comp1* about a piece of Land upon Debate the Manhattan Island by Spiting Divell said to bee bought about by the Def* from Lamberts & Cockijt5 being heard;
1 Adriaen van der Donck and his colony of Colen Donck.
1 Collateral and Illustrative Documents, Nos. Ill and VII.
1 As to the line drawn for the " Range of Harlem Cattle ", March 20, 1665/6, there is a record hi Orders, Warrants, Letters, vol. 2, p. 32.
« Collateral and Illustrative Documents, No. IV.
8 Joost Kockuyt (also Cockhuijt, Cocquijt), a native of Bruges, in Flanders, came over by way of Holland hi the ship "Gilded Otter," which left Texel on April 27, 1660. He married, in 1662, the widow of Pieter Jansen and so became part owner with Thomas Lambertsen of a tract of land known as the Jansen and Aertsen patent, located in the town of Harlem at Sherman's Creek, and since forming the " Dyckman Homestead," near Spuyten Duyvel. The joint owners sold this land to John Archer, of Westchester, for six hun- dred guilders, but Governor Nicolls would not confirm the transaction for reasons here stated in the council minutes. Kockuyt sold out his interest later to Paulus Richard, of New York, who became involved with Lambertsen in this " difference long depending " with the town of Harlem. The case was
24 Province of New York UiS^J
The Def * was askt by the Governor how much hee gave for theLand, hee answered hee gave 600 Guildr.s& spent 40 Guild1?*
The late Governor.sl Reasons for not confirming the Old Patent, in regard it might bee injurious to ye Towne of Harlem were considered. ^
The long time since the first Grounde-Briefe [4] was given,
& noe Settlement since;
The small Consideration given;
Vpon Mature Consideration &c://
They doe judge that the Land in question on this Island by Spiting-Divell, shall belong to the Towne of Harlem, both by vertue of their Patent, & the Elapse of their former Ground-Briefe, but it's recommended to them to pay to y6 pretended Proprietor.s what their first Sale was for.2
And that when the Persons goe to view the Passage &c: they are to see that Copeall3 have no prejudice. &c: —
adjudicated at the court of assizes by an order dated June 22, 1670, and Richard bought out Lambertsen's share, and took a bond from the town of three hundred guilders. Kockuyt was of Bushwick (now included in Brook- lyn), and was named a lieutenant of militia for the towns of New Utrecht and Bushwick, October 25, 1673. His will, proved April i, 1695, is in the surrogate's office, New York City. Thomas Lambertsen " of Bedford wthin the Jurisdiccon of Breucklyn in the West Riding of Yorkshire," was constable of Brooklyn and kept " an Ordinary " or tavern in the village of Bedford, for which he obtained a license " to sell beare wyne or any otM Strong Liquors," being given an exclusive privilege for one year, from December 17, 1668, on condition that he would provide " for the Accomodation of Strangers Trau- dlers & other persons passing that way w*!1 dyett lodging and Horsemeate." Letters of administration were granted to his daughter Elizabeth and his son-in-law Cornelis vander Hoven, on February 5, 1702/3. — Riker. Revised History of Harlem (1904), pp. 104, 247, 250, 268; Orders, Warrants, Letters, vol. 2, p. 318; Court of Assizes, vol. 2, pp. 553, 555; N. Y. Col. Docs., vol. 2, p. 646; Collections of N. Y. Hist. Society, 1892, pp. 252, 310, 362; Bergen. Early Settlers of Kings County, pp. 180, 322; Records of New Amsterdam, vol. 6, pp. 184, 226, 230; Records of the R. D. Church, Marriages. New York, 1890, p. 28.
1 Richard Nicolls.
8 Collateral and Illustrative Documents, No. III.
•This nickname, here applied to John Archer, had been applied to his father who, in 1658, is called " Jan Aarsen, from Nieuwhoff, commonly called
Executive Council Minutes 25
Novem: 2il.h 1668. Present.
The Governo? Mr Mayo? Mr Bedloo Mr Boone The Secret.
John Archer according to the Order of the 6th Instant1 appeared to make ouj his Title./
Jan Koopal," and the son had been styled as early as 1662 as " Jan Arcer, alias Koopal, the younger," and prior thereto as " Jan Arcer, alias Neuswys (meaning * Nosey '^, from Amsterdam." The Dutch sobriquet " Koop-al " (in English " Buy all "), seems to have been not uncommon, for it was also given to another contemporary resident of early New York, Jan Hendricksen Stilman. The English form of Archer, which has descended to a large pos- terity, was evolved in the English community of Westchester, where he had resided many years, and where, in 1659, he took to wife an English girl from Cambridge. He sold out his house and lands in Westchester, on August 3, 1666, to Laurence Carter and Mary Bedient. Archer purchased a large tract of Adriaen van der Donck's colony of " Colen Donck," which was erected into the Manor of Fordham, of which he was the first lord. He figured often in the court litigations and other controversies with his neighbors and his tenants, some cases being embodied in this volume and others are mentioned by Riker. At the court of assizes, September 29, 1665, he was defendant against John Ponton, charged with keeping back a sum of money, an overplus of a fine for which Ponton had been adjudged liable to Archer by a former suit at law, and also for counterfeiting an execution which he used against Ponton. He was bound over, March 2, 1668/9, to the next court of assizes, " accused for a Rape " by Benjamin Palmer and his wife, Mary; but the case was " w^drawne by peticon & consent," October, 1669. At the court of sessions, held in June, 1671, at Jamaica, L,. I., he was bound over in an action for debt brought by John Pell, of Westchester. The inhabitants of the town of Fordham brought suit against him for " taking uppon himself e to Ruel and Governe over them by Rigur and force," and the mayor's court, Sep- tember 8, 1671, ordered him " to behavie himselfe for y? future Civilly and quietly ag3.1 y? Inhabitants." — Riker. Revised History of Harlem (1904), pp. 248, ff.; Court of Assizes, vol. 2, pp. 19-21, 200, 644; Mayor's Court, New York City Records, hi N. Y. Col. Docs., vol. 13, p. 459; Deeds, vol. 2, pp. 138-140, in office of Secretary of State; Innes. New Amsterdam and its People, p. 221; Records of New Amsterdam, vol. 6, pp. 212, 267, 274, 325.
• Collateral and Illustrative Documents, No. III.
26
Province of New York
r 1668 i
LHOV. 21 J
TheOrdf
George
Tippett
for un-
lawfull
Markes.—
Vide ye
Records
WHEREAS by an Ord? of ye 6th Instant Jn° Archer was appointed to make out his Title to the Land where hee is now seated, & having accordingly appeard, but not clearly made it out, Hee having noe Bill of Sale nor Bonds setting forth his Purchase, It is this day Ordered, That the said Jn° Archer have farther time till y6 14th day of ffebr.y next to cleare his Title; In ye mean time hee is to remaine where hee is without Molestacon; [hee givinjg * noe [Disturbance to his Neighbours.^ 2
[5] It is likewise Ordered, That in pursuance of the former Ord* some Persons shall bee appointed to view ye Land where Jn? Archer now lives, & the Meadowes belonging to Harlem upon the Maine, as also about the Passage at Spiting Devill for ye conveniency of Travellers, & prservacon of Cattle upon the Island, when the fferry at Harlem is to bee removed.^ 3
An Order to bee made to release the Cattle under Arrest at Harlem, belonging to Jn? Archer.^ 4
An Ord? to George Tippett about the unlawfull Marke hee useth about cutting the Eares of Cattle soe close, that any other Marks may bee cutt off by it.^ 5
1 Original mutilated.
2 Collateral and Illustrative Documents, No. III.
8 Collateral and Illustrative Documents, Nos. Ill and IV. See also Records of New Amsterdam, vol. 6, pp. 83-84, 130, 170.
4 Collateral and Illustrative Documents, No. III.
6 George Tippett or Tippetts is put down as "of {flushing " in a list of August 12, 1667. — Orders, Warrants, Letters, vol. 2, p. 180. In the inventory of his estate, September 29, 1675, ^e *s called " of Yonckers, late deceased." — Collections of N. Y. Hist. Soc., 1892, p. 35. His widow, Mehitabel, was married to Samuel Hitchcock. — Pelletreau. Early Wills of Westchester County, p. 385. On March 2, 1669/70, Lovelace issued an order concerning certain strayed hogs near Fordham, largely directed against Tippett, who claimed ownership, and which John Archer also claimed for the Duke of York, he having been appointed by Lovelace " to make inquiry after wild & stray unmark't hoggs wc.h have no perticuler Owner so of Consequence belong to his Royall Highness as Lord ProprietoT " — Court of Assizes, vol. 2, p. 474.
Executive Council Minutes 27
Severall Ord1? made by y6 Governor These at New Harlem. Feb: 22. & 23* 1668. Ordfs^re
J upon Rec-
The Governor having wth him some of Ord eise-
ye Councell & others of the Bench at New where./ Yorker
It is this day Ordered,1 that a Convenient Waggon-Way bee made between the City of New Yorke & this place; to w°h end foure Com5^ shall bee appointed (viz* two on each part) who are to [6] 'View & consider of y6 most convenient Passage to bee made.^
The Com5?* of New Yorke are to bee those, who formerly were nominated Overseers for this yeare; Viz* Thomas Hall 2 & Gerritt Hendricksen; For the Towne of Harlem Daniel Turneir, and Resolved Waldron.*
That these foure Commission1? meet to view the said Way on Thursday next being the 25th of this instant Month; & after having concluded upon it, That immediately they fall upon laying out the Way, according to their former Agreem*. thereupon; That is to say, The Boores of the Bowery & parts adjacent to cleare the way to bee fitt for the passage of Waggons from New Yorke to the Saw-Kill, & ye Towne of Harlem, from thence to their Towne. t
At the assizes, in October, 1672, Tippett was tried for hog-stealing, and Archer declared " his Knowledge of Tippetts unlawfull Marks, of which hee hath complayned, That his Marks formerly & now are such that he cann cutt out any other Mans Marks; if hee meets an Old Hogg, hee cutts his old Mark, if a young one his new one." The court fined him forty pounds or hi lieu thereof to " receive ye Corporall punishm*- of thirty one Stripes at the Common Whipping-Post before the Stathouse of this City before the breaking up of this Court." — Court of Assizes, vol. 2, pp. 303, 311. See also Riker. Revised History of Harlem (1904), pp. 262, 263, 283, 327.
1 Collateral and Illustrative Documents, No. V. See also Riker. Ibid, pp. 233i 252» ft"-; Records of New Amsterdam, vol. 6, pp. 296, 359-360, 361-362.
* Hall died in 1669. — See Collections of N. Y. Hist. Society, 1892, p. 12. There is a short sketch of him in Innes. New Amsterdam and its People, pp. 326-328.
28 Province of New York [pebl62629-23]
That this Way bee laid out & cleared according to the Intent of this Order by the first of May next.
That the Commission" of either Party have hereby liberty to make Inspection on the sufficiency or Defect of each other, to the Intent that there prove noe {Failing in either of them./
That ye appointed Comfi1? upon their Conclusion of the best way, doe immediately give the Governor an Acco* of their Agreem*; who thereupon will give Order for the putting the same in Execution./
It is also Ordered, That all Horses & Cattle belonging to New Yorke, & New Harlem which [7] shall bee turned into y6 Woods upon this Island shall have a marke of Dis- tinction upon them; 1 That is to say, Those belonging to New Yorke, the Bowery & parts adjacent are to have a Brand-Marke wth £]/ upon them; & those of New Harlem wthA/y> Arid t^iat there bee a Person appointed & sworne in each Place to marke such Horses & Cattle as really doe belong to the Inhabitants and none others./
That if Thomas Hall cannot come to bee one of ye Com- mission1? at any of the times appointed to attend the laying out of the way, hee may send a fitt Person in his Place, wch John Vigne 2 is adjudged to bee, if hee come for him./
1 In 1671 complaint was made that great quantities of unmarked horses and cattle were still found in the common woodland on the Island of Man- hattan, and an order was issued against this disobedience of the former ordinance requiring branding. — Records of New Amsterdam, vol. 6, pp. 351- 352. On the duties of the overseers of highways and branders of horses and cattle on the island, see ibid, pp. 215-216, 222-223, 237-238, 239-240.
'John Vigne, whose name appears hi the records also as Jan and Jean Vinge and Vinje. His will mentions his deceased wife, Emmerantie vander Sluys. He was a brewer of New York City. For the administration of his estate, which carried over a number of years, see Collections of N. Y. Hist. Society, 1892, pp. 154, 155, 190, 457. He is credited with being the first child of European parentage bora hi New Netherland. For a sketch of him and related data see Innes. New Amsterdam and its People, pp. 298, 306-308.
Executive Council Minutes 29
Feb1? 23*.h
WHEREAS ye Inhabitants of ye Towne of West-Chester f An Ordr having timely Notice of the Governours Intent of being at I ^*°ut ^ New Harlem upon the 22th of this Month, to enquire into & j between issue severall Differences relating to their Towne, as well w^ Chestr as other Matt1? between the Towne of New Harlem & Jn? i \ Archer; And the Governo? accordingly having been at New Harlem, where all other persons concerned did attend, excepting those from Westchester; It is therefore Ordered,1 That Mr Jn? Richbell of Momoronock,2 Mr Wm Laurence [8] of flushing, Jacques Cortilleau of New Vtrecht, Resolved Waldron of New Harlem & Mr Thomas Wandall bee & are hereby appointed Commission" to view ye Lands, & to examine into, heare, & determine the severall Matt" & Cases in Difference between the Towne of West Chester, & Mr Wm Willett about Cornells Neck8 and also between them & Thomas Hunt 4 about his Commonage & Watring Place upon Throgmortons Neck, & what else there may bee
1 For the order commissioning them see Collateral and Illustrative Doc- uments, No. Ill, where the Archer documents also are given. For those bearing upon the cases of Willett and Hunt see ibid, No. VI.
1 Mamaroneck, Westchester County.
•This is Black Rock. It was originally named from Thomas Cornell to whom Kieft had granted it hi 1646. It is also given as " Cornhills Neck " in the earliest English records. — Deeds, vol. 2, p. 69. See Bolton. Hist, of the Bounty of Westchester (edition of 1881), vol. 2, pp. 270-275.
4 In a suit brought by Augustine Herrman at the court of assizes against the inhabitants of Westchester for right to Throgmorton's Neck, Hunt informed the court and jury " That hee Bought of the P1.* the Land called Spicers and Brocketts Neck, upon part of wch, hee now lives, and by virtue of that Purchase, hee hath Common in Throckmortons Neck." — Court of Assizes, vol. 2, p. 60 (September, 1666), also pp. 129-130 (November i, 1667). Herrman's suit at the assizes is hi ibid, pp. 46, 53, 59-61, 105, 129-130, 724. Thomas Hunt, Sr. died February 8, 1694/5, and by his will left his estate of 11 the Grove Farm," hi Westchester, to Josiah Hunt, the eldest son of his son Josiah. — Collections of N. Y. Hist. Society, 1892, pp. 248, 249, 256. See also Records of New Amsterdam, vol. 6, pp. 42-43; Bolton. Hist, of County of Westchester, vol. 2 (1881 edition), pp. 264, ff.
30 Province of New York
about the Patent granted to Hugh Oneale & Mary his wife for the Land comonly called the Jounckers Land,1 or any other Affayre of the like nature; to w°h the Towrie of Westchester hath relation, wch said Commission1? are to meet about those Mattr.s with all convenient Expedicon; & to give a finall Determinacon thereof; To w°h when they have rendred mee an Acco* I shall give my Con firm a con. ^
1See Collateral and Illustrative Documents, No. VII. Adriaen van der Donck, in October, 1645, married Mary Doughty, daughter of Rev. Francis Doughty, first clergyman of the English colonists at Flushing, who had a checkered career in New England, New Netherland, Maryland and Virginia. They lived in the colony of Rensselaerswyck for a short time and removed to New Amsterdam in 1646. Soon thereafter van der Donck purchased from the Indians, under a grant from Director-General Kieft, their unextinguished titles to the lands " as far as Papirinamin, called by our people (Spyt den Duyvell), in Spite of the Devil." This tract was soon named " Colen Donck," or Donck's Colony, and the Dutch referred to the estate as " de Jonkheers Landt," which the English corrupted into " Yonkers," by which form his memory is perpetuated to this day in the city of Yonkers. Van der Donck, who had been absent in Holland for nearly four years, where he had taken the degree of doctor of laws and had been admitted an advocate in the supreme court of Holland, returned to New Netherland in 1653, where he died in 1655, leaving to his widow the above mentioned estate. She was married to Captain Hugh O'Neal, of Patuxent, Maryland; removed there, but returned to New York after the English took possession, and laid claim to her estate. She returned " home into Maryland ye Place of her abode," with horses and mares received in part payment for her and her husband's property hi New York, which she had sold. In 1666 Hugh O'Neal or Oneale brought suit at the assizes against John Ramsden, of Newtown, because he " doth unjustly detaine and keep from him, a certaine Lott or Tenement, lying and being in New Towne, in the west Riding of Yorkshire upon Long Island, of which the said Ramsden is now in Possession." The case was decided against him. — Brodhead. Hist, of N. Y., vol. i, pp. 419, 420, 421, 560, 561; Publications of Colonial Society of Mass., vol. 10, pp. 261-276; Van Rensselaer Bowier Manuscripts, p. 824; Court of Assizes, vol. 2, pp. 47, 63-66, 710; Riker. Revised History of Harlem (1904), pp. 147, 243, 256; Bolton. Hist, of Westchester County (edition of 1881), vol. 2, pp. 576-586. On the career of Adriaen van der Donck, see address before the Westchester County Historical Society, November 22, 1888, by Thomas Astley Atkins, and another, before the annual meeting of the N. Y. State Bar Association, January, 1904, by Alfred L. Becker. In the year of his death, 1655, Adriaen van der Donck's booklet, entitled Beschrijmnge van Nieuw Nederlant, was first pub- lished. A second edition appeared in 1656.
Executive Council Minutes 31
At a Councell held June
ye 28th 1669. Present.
The Governed Mr Whitfield The Secret^
The Inhabts of Boswijck - - Pn.s The Inhab*3 of Newtowne - - Defts l
[9] Those of Boswijck produce ye Ordf at the Gen*!1 Meet- ing at Hempstead./
Their Ord? from Governor Stuijvesant is, To have the Meadow in question, if not formerly granted by Ground briefe to others./
Those of Newtowne plead their Indyan Purchase and Patent./
Together wth Mr Robert Goes Testimony Viva Voce, & Mr Richard Gildersleev's Sen? Mr Robert Jacksons 2 & Rich? Gildersleeve's Junf Deposicon that this Meadow in question was layd out a long while since for Newtowne, before Boswijck was a Towne./
An Ordr issued out hereupon to endeavour an Accomoda-
1 Collateral and Illustrative Documents, No. VIII. The settlement of Boswijck (now Bushwick, a part of Brooklyn), was laid out by Stuyvesant in 1 66 1, at the request of several Frenchmen, and belonged to the district of " the Five Dutch Towns." A special warrant was issued, October 22, 1669, for appearance at the assizes in the case in controversy. On June 23, 1666, the inhabitants of Newtown, alias Middleborough, were granted a license to treat with and consummate a purchase from the Indians " for the better Securing of their Title to the Lands lying betweene Mashpeth Kills, and the head of finishing Creeke." — Brodhead. Hist, of N. Y., vol. i, p. 693; Court of Assizes, vol. 2, p. 428; Orders, Warrants, Letters, vol. 2, p. 76.
'Robert Jackson was for some years constable of Hempstead, where he had a license to sell strong liquors by retail. — Orders, Warrants, Letters, vol. 2, pp. 6, 305; Hempstead Town Records, vol. i (Jamaica, 1896), p. 278.
32 Province of New York
con, but at length it was referr'd to ye Co? of Assizes for a Determinacon, ye former not p'Vailing.1
Monday June ye 28^ 1669. as before.
ALettrtobeewritteninAnswrtoMrMulford &Mr James;2 ffirst, To give them thanks for their Care in enquiring into the Matt1? of ye Indyans; That if they shall finde the Occasion pressing, to send to all ye Commission1".3 authorized for the carrying on the Indyan Affayres, to have a Meeting, & to take the whole Matter into Examinacon, soe to send up a Reporte of the Nature of it, & how they finde it.//
[10] That they bee very carefull to shew noe Apprehension of ffeare, but to proceed vigorously in their Acting.//
That the Indyan called Aukcannitt bee examined, & if Occasion bee found, that hee bee sent up hither a Prisoner.^
That ye Commission1? enquire into ye Matter of imposing a Tax upon the Indyans as formerly, whither it may bee thought necessary or convenient, & to returne their Opinion hither.^
That Mr James have a Lycence to sell such small quan-
1 Heard at the court of assizes, November 4, 1669. The jury brought in a verdict for Bushwick, adjudging that the meadow in controversy belonged to it, and the court gave judgment accordingly, the town of Newtown to pay the costs of the suit. — Court of Assizes, vol. 2, p. 215.
1 John Mulford, of East Hampton, was one of the justices of the peace of the East Riding of Yorkshire. — Orders, Warrants, Letters, vol. 2, pp. 51, 434. He was also one of the " Commissioners for ye Indyan Affaires in ye East Rideing." — General Entries, vol. 4, p. 101. See Genealogy of the Family of Mulford, Boston, 1880, p. 4; also the same in New England Hist, and Geneal. Register, April, 1880. Rev. Thomas James was called to the ministry at East Hampton by an order of the town, August 23, 1651. — Records of East- Hampton, vol. i, p. 16. Governor Lovelace was considerably interested in a plan of James for the conversion of the Indians and the publication of an Indian catechism which the clergyman had prepared, and the governor mentions in his letter to James his intention of having a printer in New York, which did not materialize. — Orders, Warrants, Letters, vol. 2, pp. 290-293 (November 19, 1668).
Executive Council Minutes 33
tityes of Powder &c: & that hee bee freed from Taxes as hee desires./
That Will ye Indyan l bee Ordered not to come into East Hampton or any of ye Townes at ye East end of Long Island; ffor the wch an Order is to bee made, & hee to bee acquainted therewith.! 2
July 31^ 1669. At Fordham.
Vpon Acco* of the Difference between Jn? Archer, & Wittm Betts 3 & George Tippett, It was Ordered 4 as folio wes. Viz* —
1 Nangenutch (also Nangenuge), a Montauk Indian, who passed among the English under the alias of Will, was indicted and tried in March-April, 1668, for committing a rape, on March 19, 1667/8, upon Mary the wife of John Miller, a husbandman of East Hampton, in her own home. He pleaded not guilty of fhe act, on a technicality, and claimed to have been drunk at the time. The court found that the facts adduced did not warrant his execution, but ordered him to be whipped publicly with thirty stripes before the town house, which was carried out by a negro who received nine florin, seawant, for his hire. The Indian was then returned to prison to await Governor Nicolls's opportunity of deporting him to one of the Leeward Islands, and the money obtained from his sale was to be used to defray the costs entailed by his arrest and trial. But he escaped by the aid of four Montauk Indians, whom Lovelace (November 19, 1668) ordered to be seized. The unpaid charges were then levied upon the Montauks, who were derelict in paying the " whole summe of forty pounds, which was ordered them to pay for ye Escape of Will the Indyan of ye which a part is allready paid." On account of their alleged poverty and upon their petition, Lovelace extended the time of pay- ment in Indian corn for another year from April 26, 1669, but repealed this order on June 20, of that year. The records indicate that Will was a lecher- ous Indian, and that he had been committed and whipped before for larceny. The indictment, form of trial, court proceedings, examination, order of the court and bill of charges are hi AT. Y. Colonial MSS., vol. 22, pp. 36-45; correspondence, etc. are in Orders, Warrants, Letters, vol. 2, pp. 288, 304, 398, 452; Deeds, vol. 3, pp. 39-40.
* Collateral and Illustrative Documents, No. IX.
1 William Betts describes himself as "of the Yonckers Plantation " in his will made " the Twelfth day of the Twelfth month 1673." His wife, Alice, was confirmed as executrix, January 2, 1675. His daughter, Mehitabel, was the wife of George Tippett.— Collections of N. Y. Hist. Society, 1892, pp. 33-34.
4 Collateral and Illustrative Documents, No. III.
[3]
34 Province of New York [jiy693i]
[n] That in the Matt?" of the Difference between John Archer, & Wm Betts, Tippett &c:
It is Ordered, That Jaques Courtelyou l bee sent to view & lay out Archers thirty Acres, & ye Remaind? to bee to them; & if they have cutt & carryed away any Hay belong- ing to Archer, they are to returne soe much, hee paying them for their paines./
That some Proporcon bee layd out for the fferryman Mr Vervelen.i 2
That Archers bee good Substantiall Meadow, & Betts &c: to have the rest./
1 Captain Jacques Cortelyou, Cortileau, Cortilleau, Cortelijau refused the office of schout of New Amsterdam in 1654. He was a teacher in the family of Cornells van Werckhoven, who died in 1655, and became the agent for the heirs. In 1657 Cortelyou commenced a settlement which was named New Utrecht, as a compliment to the birthplace of Van Werckhoven in Holland. He was a surveyor; had been surveyor general in 1657, and was recommissioned by Lovelace " Surveyor Genril in theise his R. Hs^ his Ter- ritoryes," in March, 1670/1, " to measure or lay out Lands or Lotts of ground w°.h shall at any tyme be ordered by me, as also for any private person wth in ye Governing who shall employ him for yf bettF ascertaining yf Lymitts & bounds of Lands or houses betweene one person & anothf." Lovelace also commissioned him, May 4, 1672, as " Vendue-Master of Flatt-Bush, and y6 rest of the Dutch Townes in ye West Rideing of York-shire upon Long-Island," as successor to Adrian Heggeman, who had died. Letters of administration were granted to the sons of Cortelyou, August 2, 1693, and the inventory of his estate was registered, January 20, 1693/4. — Brodhead. History of N. Y., vol. i, pp. 588, 693; General Entries, vol. 4, pp. 113, 124; Collections of N. Y. Hist. Society, 1892, pp. 220, 231; Court of Assizes, vol. 2, pp. 614, 656; Bergen. Early Settlers of Kings County, p. 75; Bergen. History of New Utrecht (Brooklyn, 1884), pp. 3-4; Doc. Hist, of N. Y. (octavo edition), vol. i, p. 633.
* Collateral and Illustrative Documents, No. IV. Johannes Verveelen was constable of Fordham, as well as ferryman of the Harlem ferry and upon the removal of the latter, as the accompanying documents show, ferryman at Spuyten Duyvel. For references to his constabulary post see Court of Assizes, vol. 2, pp. 449, 644; and for his career as ferryman and other personal data, Riker. Revised History of Harlem (1904), pp. 248, 253-256, 678-680, 793-
Executive Council Minutes 35
[August n.th 1669.'
At a Councell then held at ffort James in New Yorke on y* Island Manhatans before his Hono* y6 Governor
Mr Thorn : Willett Mr Ralph Whitfeild both of y6 Councell then present.
Perewyn Sachem of ye Hackensack Toppan & Staten Island Indians appeared this day in ye behalfe of those nations (being lately chosen their Sachem) desiring ye freindship & amity they lately had wth us in y? tyme of y? late Governor Cott Nicolls might be continued w*h his Honor y? prsent Governor
The Governor answered it should be continued as longe as they carryed themselues well
The Sachem then prsented a band of Seawant to his Hono.r wch he said they receiued from y? Maquesses upon concluding y? peace w*h them desiring it might be kept that if ye Maques should fall out w.th them that band of Seawant might remaine as Testimony of their former agreement
His Honor hauing ask't whether he was chosen by those Nations to be their Sachem y? Indians then prsent (in owning him so to be) held up their hands
His Honof then ordered that a Letter should be wrytt to y° Com?5 of Albany to signifye to ye Maquess & Synakers that ye Sachem of theise Nations hath declared ye peace they made w.th them & are resolved to keep it inviolably.
The Sachem doth disclayme any right of imposing or receiuing any kinde of Tribute (as is Comonly giuen out) of Christians fishing upon Hudsons Ryver, if any such thing
IThis session of the council is not entered in the regular minutes, but is supplied here from Deeds, vol. 3, p. 41, in office of Secretary of State.
36 Province of New York [s5j?9]
hath beene demaunded or Exacted it hath beene wthout ye privity or ord.r of ye Cheife persons amongst them.]
At a Councell. Sept: g^ 1669.
Before the Governo? Present
Mr Whitfield Mr Nicolls.
The Busynesse of Esopus taken into Consideration.// 1 It is Ordered That ye Garryson at the Esopus shall bee henceforth Disbanded, and Dismist of their Military Employ- ment, They [12] being a needless Charge to ye Duke.^ 2
It is Ordered, That Commission1? bee appointed to goe up to Esopus to whom some others there shall bee joyned to Regulate the Affayres of Esopus and of the New Dorpes.3 That y6 Persons appointed for Commission" bee — - — Mr Ralph Whitfield — Presid? Cap? Jn? Manning Cap* Jacques Cortelijau Cap* Thorn: Chambers Mr W? Beakman — Schout Mr Henry Pawling Mr Christopher Berrisford.
Of wch any five of them shall bee a QUORUM to settle the Affayres of all the Places thereabouts, for the which they shall have a Commission and Instructions.4
1 Collateral and Illustrative Documents, No. X.
« The so-called mutiny of the burghers of Esopus had been quelled, and it being now a " time of peace," the garrison was disbanded, and grants of land were made to the soldiers, particularly in the newly-created villages.
•The dorp or village nearest Esopus or Kingston was named Hurley; the second was known as " Halfe way ground," and the third or " furthest New Dorpe or Village " was named Marbleton (or Marbletown).— N. Y. Col. MSS.t vol. 22, p. 99, under date of September 17, 1669.
4 Collateral and Illustrative Documents, No. X. The commission was com-
[se'p^ij Executive Council Minutes 37
Sept. i^ 1669. At a Councell held by y6 Governor &c*
Present.
Mf Whitfield M5 Nicolls.
Vpon ye Receipt of Letters from Cap* Carr[e] * that an Insurrection is very much feared [13] the Chiefe Actor being in Hold, and the Depositions of severall Persons taken;
It is Ordered, That a Letter of Thanks bee sent to the Officers there for their great Care.
That ye Long ffinne 2 in hold & in Irons bee kept still in safe Custody in like manner as hee is, untill the Governor or some Persons Commissioned from him shall goe over to examine into & try ye Matter of ffact, wch is of soe heynous & high a Nature./
That all Persons who have had a Hand in ye Plott bee bound over, & enjoyned to give Security to Answer their Misdemeanor, & an Acco* to bee taken of their Estates in the meane time.
posed of representative and able men. Whitfield was treasurer of the prov- ince, a member of the council and at this time an alderman of New York City; Manning was then sheriff of New York City ; Cortelyou was surveyor general ; Chambers was owner of the Fox Hall estate; Beeckman was the Esopus schout, and Pawling and Beresford were military officers. Beresford had succeeded to the command at Esopus after the suspension of Captain Daniel Brodhead, in 1667. He was appointed chief magistrate of Hurley and Marbletown, in September, 1669.
1 Captain John Carr, son of Sir Robert Carr, and commander-in-chief of the Delaware, at Newcastle.
1 This leader of the Delaware insurrection, commonly called the Long Finn, and the Long Swede, appears in his indictment as " John Binckson alias Coningsmarke, alias Coningsmarcus, alias Matheus Hencks," and in the papers relating to his deportation to the Barbados he is named "ye Long ffinne called Marcus Jacobsen " and " Marcus Jacobs comonly called ye Long Finne." He set up the false claim of being a son of the famous Swedish general, Count Konigsmark. — Collateral and Illustrative Documents, No. XI. These documents give the names of his partisans and his deluded followers.
38 Province of New York
Octob. IS'.* 1669.
At a Councell then held &c: Present
The Governor Mf ThoiDelavall Mr Ralph Whitfield Mr Thomas Willett The Secretary.
The Matt1? under Consideracon were, ye Insurrection at Delaware occasioned by the Long ffinne,1 & y* Rape Com- mitted by an Indyan there.2 a
[14] Vpon serious & due Consideracon had of the Insurrection begann by ye Long ffinne at Delaware, who gave .himselfe out to bee Son of Coningsmarke a Swedish Generall, & ye dangerous Consequence thereof, It is adjudged that y6 said Long ffinne deserves to dye for the same, Yet in regard, That many others being Concerned wth him in that Insurrection might bee involv'd in the same Premunire if the rigour of the Law should bee extended, & amongst them diverse simple & ignorant People; It is thought fitt & Ordered, that the said Long ffinne shall bee publickly & severely whipt, & stigmatiz'd or Branded in the fface wth the Letter (R.) with an Inscription written, in great Letters & putt upon his Breast, That hee received that Punishment for Attempting Rebellion, after wch that hee bee secured untill hee can bee sent & sold to the Barbados or some other of those remoter Plantations.
That ye Chiefest of his Complices & those concerned with him most doe forfeit to his Ma'i6 the one halfe of their Goods & Chattells; & that a smaller Mulct or ffine bee imposed on the rest that were drawn in & followed him, the
1 Collateral and Illustrative Documents, No. XI. 'Collateral and Illustrative Documents, No. XII.
Executive Council Minutes 39
which shall bee left to the Discretion of the Commission1:3 who shall bee appointed to make Enquiry into, & examine the same. That the Indyan1 who Committed y6 Rape [15] upon y6 Body of a Christian Woman bee putt to Death (if hee can bee found) for that foule ffact, according to the Sentence allready past upon him, & that y6 Sachems under whom hee is bee sent to that they Deliver him up that Justice may bee executed upon him accordingly.
By OrdF &c:—
i§
Octob: i8th 1669. Munday After- noone.
At a Councell held upon Munday After Noone at the Custome House, Die & An? supra- scriptis. Present
The Governour
Mr Delavall
Mr Willett
Mr Whitfield
The Secretary
Mr Van Ruyven 2 \
Collector of ye Customes. j
It was Ordered y* Tobacco Exported for Europe shall
1 Collateral and Illustrative Documents, No. XII.
1 Cornells van Ruijven (Cornelius van Ruyven) was appointed, on April 14, 1665, by Governor Nicolls, who had put an arrest upon the whole estate and revenue belonging to the West India Company, " to make up and Com- pleate " the account books of that company, as Van Ruijven had been the treasurer of the West India Company at the time of the surrender in 1664. — General Entries, vol. i, p. 108. He was commissioned by Governor Lovelace as " Collector & Receiuer Generall of the Customes in New Yorke " and 4 ' of all & singular his Ma1.'63 Customes to be paid for all sortes of goods & merchandise (lyable to pay) imported into this Citty of New Yorke or any
40 Province of New York
pay as an Acknowledgment to his Royall Highness two Guilders Wampm per Hogshead.
That Sugar Exported from these parts thither shall pay 2a per Cent, in Beaver.
[16] That Beavr.s to bee Exported for Europe shall for the future pay but 7 & \ per Cent, in lieu of 10^ Cent before; In regard It is adjudged that 2 & \ is paid in England, soe that here & in England makes up the just Proportion of 10 per Cent, as formerly.
All other grosse Goods not here particularly specifyed, which shall bee exported as before, shall pay (ad valorem) one & \ per Cent.*
Janr.y 25*? 1669.
At a Councell then held &c: Present
The Governor
Mr Delavall The Secretary.
other parte place or Creeke wthin these his Royal Highnesse his Territoryes whether the said goods or merchandize shall come from Europe or any other partes as also for what shall in like manner be Exported." This commission, dated May i, 1668, was " Deliuered NouemM 24th 1668," as stated in the records. — Orders, Warrants, Letters, vol. 2, p. 297. His instructions, May 24, 1668, are in N. Y. Col. MSS., vol. 22, p. 51. He continued in this im- portant office, and in 1672 is called " Comptroller & Receiver of the Customes " (August 19). — General Entries, vol. 4, p. 193.
Van Ruijven was also one of the first group of aldermen under the new form of government of New York City, from June 12, 1665, till June 12, 1666. — General Entries, vol. i, p. 121; was again alderman from October 9, 1669, till August 14, 1670, and from the latter date till October 9, 1670. — Court of Assizes, vol. 2, pp. 421, 571; and again from October 13, 1671, till October 13, 1672. — General Entries, vol. 4, p. 53. He was commissioned deputy mayor on October 13, 1672, which was one of the posts held by him when the Dutch retook the city. — General Entries, vol. 4, p. 220. He was a justice of the peace for the west riding of Yorkshire, to which he was com- missioned by both Nicolls and Lovelace. — Orders, Warrants, Letters, vol. 2, PP- 353» 435; Deeds, vol. 2, p. 21. For other personal data see Bergen. Early Settlers of Kings County, p. 360.
[jan.7°5] Executive Council Minutes 41
The Sentence against ye Long Finn taken into Consideracon.1
It is ordered that two Warrants bee drawn the one to Mr Cousseau 2 to receive, 'tother to Cap* Manning ye Sherriffe, to deliver ye said ffinne according to the Sentence. f
The Matter about W™ Douglas taken into Consideration.3
[17] The Comp1* from ye Whore-Kill read.
It's Ordered, That a Letter of Thanks bee sent to them for their Care; And that according to their Desire, & an Order of the Special! Court held at New-Castle there bee an Officer appointed amongst them to keep the Peace &c: & a Commission sent to that Purpose.! *
It's Ordered, that in regard ye sd Douglas hath behaved himselfe soe ill at ye Whore-Kill, hee shall bee Continued
1 Collateral and Illustrative Documents, No. XI.
a Jacques Cousseau had been a schepen of New Amsterdam and one of the Dutch commissioners at the surrender in 1664. He was a merchant and trader; was admitted a free denizen of New York, and was owner of the ' Good Ship y6 ffort Albany of New Yorke," an English built vessel, which carried passengers and merchandize between New York, Europe and the West Indies, and of which Nicholas Verbraeck was master. He was also half owner of the ship " the Charles," which traded, as the records show, between New York and the Barbados. — Court of Assizes, vol. 2, pp. 456, 461, 582; General Entries, vol. 4, p. 220. His wife, Magdalin du Tillett, was given a certificate by Governor Nicolls, July 8, 1667, to transport herself in the ship " the Orange Tree bound for Hamburgh from thence to take passage for Rochell," she " having a desire to goe to Rochell hi ffrance to visitt her Relations." — Orders, Warrants, Letters, vol. 2, p. 170. Letters of adminis- tration on his estate were granted to John Vincent, as administrator, Novem- ber 13, 1682. An inventory of the estate was made by order of the mayor's court, January 31, 1682/3. — Collections of N. Y. Hist. Soc., 1892, pp. 67, 121, 123.
•Collateral and Illustrative Documents, No. XIII. William Douglas, for great misdemeanors committed at the Whorekill in 1669-1670, was sent to New York City and placed in irons. Upon his agreement not to return to the Delaware, he was released and banished into New England. He broke his agreement, however, and returned to Newcastle, Delaware, where he was arrested in 1672, and from thence conveyed again to imprisonment in New York City. He was deported hi 1673 to the Barbados, " there to be sold & Disposed of, to make Satisfaction towards the Charges hee hath occasioned."
« Collateral and Illustrative Documents, No. XIII.
42 Province of New York
in Prison untill farther Order, but that his Irons bee taken off. However if hee can give Security not to returne to ye Whore Kill &c: hee may bee Discharge!.1
Friday Apr: I5.' 1670.
Before ye Governor Pres*
The Governd? Mr Delavall The Secretary.
A Peticon from Abraham ffrost to have a Review of ye Action upon wch Execucon hath been granted against him at ye Suite of William Osborne, & another of John ffirman.
An Ordr issued forth hereupon, to wch Reference is to bee had.2
[18] M.r Nicasius de Sille's & his Wives 3 Case, the which hath been under Consideracon before five persons of this City nominated by the Mayor, by vertue of an Ordr from ye Governor
The Governor & Counsell having penis' d the Result of yc Commission1?, & fully considered of the Matter, issued forth an Order thereupon, to the which Reference is to bee had./4
1 Collateral and Illustrative Documents, No. XIII.
* Collateral and Illustrative Documents, No. XIV.
« Nicasius de Sille and Catharina or Trijntie Cregiers, Croegers or Crougers, his second wife, whom he married on May 26, 1655, and from whom he became separated on account of incompatibility of temper. She survived him, and her will, dated August 16, 1694, is in the surrogate's office, New York City. — Collections of N. Y. Hist. Society, 1892, p. 246; Bergen. Early Settlers of Kings County, p. 96; Records of the Ref. Dutch Church, Marriages. New York, 1890, p. 19.
Collateral and Illustrative Documents, No. XV. On this case in the Mayor's Court see Records of New Amsterdam, vol. 6, pp. 207, 210-211, 227-228
[Ap6r!°7] Executive Council Minutes 43
The Peticon of Nicholas Wright * concerning his Daughter
& her Husband Eleazer Leveridge. An Ord.r issued forth, to ye w°h Reference to bee had./2 The Busynesse of Staten Island to bee respited untill the
Indyans according to Order doe appeare about their Title,
wch is to bee on Wednesday next.3
[19] At ye Fort Apr: 7*.h 1670. Presen*
The Governor Mr Delavall Mr Mayor Mr Van Ruijvn * The Secretary.
The Indyans who prtend an Interest in Staten Island 5 by Appointm* appear' d before ye Governor; They did not come Yesterday (ye day prfixed) being hindred by Windy Weather.
It was askt of ye Indyans, how they could make it appeare that they were ye Owners of Staten Island, the wch at ye last Meeting they undertook to doe.
They say there are five Principall Owners, the rest are only ffriends.
It was demanded what the first Own1? Name is, they hav- ing markt out ye severall Divisions, beginning at the South.
> Nicholas Wright, of Oyster Bay. His will, dated April 10, 1674, which does not mention his daughter Rebecca, states that he was then " aged 65 or thereabouts." His wife, Ann, was named executrix, and the will was proved December 13, 1682. — Collections of N. Y. Hist. Soc., 1892, p. 121. For the family history see N. Y. Geneal. and Biog. Record, vol. 3, pp. 35-45.
1 Collateral and Illustrative Documents, No. XVI. This case was decided by the court of assizes in October, 1670, granting a divorce on the ground of Eleazer Leveridge's impotency.
• Collateral and Illustrative Documents, No. XVII. 4 So in the original for Cornells van Ruijven.
• Collateral and Illustrative Documents, No. XVII.
44 Province of New York [Ap6r7073
They say his name is — Matackos a Boy, hee was at Staten Island.
The second — Rararamint, hee is in Towne, but hath Entrusted some here.
The 3d Matarus — hee'l come To-morrow.
The 4^ Oraoquy, hee is allmost dead, soe cannot come, hee is of Rock-way, some of his ffriends will bee here To- morrow./
The 5t.h Wewonecameke of Staten Island.
Three of these were named at Staten Island — the other two not./
[20] Its askt, if these before-named are ye Right Pro- prietors & noe other? They say, Yes, & can make it appeare; The 2 auncient Men who speak for the rest doe not prtend to have any Interest in the Island, but are entrusted for the rest, who they know to bee Proprietor.s
It's demanded of them if they or any of them have heard of the Names in the Dutch Records of wch diverse were read to them, They say some they remember, but they are dead, soe doe not love to heare of them, It's 40 years agoe since that Record.1
It was askt, if they then lived upon Staten Island, They say — Yes; & that these now Clayming are descended from them.
It was then enquired of them, since those whose Names were read did 40 yeares agoe sell their Interest, why these now would sell it againe ? They say they sold but part; It's told them that it appeares upon Record that all was sold; They being told that since these now would sell the
1 These records are in the office of the Secretary of State, at Albany, among the land patents and deeds. The patent to Michael Pauw, August 10, 1630, is in Book GG, p. 6. There are correlated records in New York Colonial MSS. (deposited in N. Y. State Library), vol. 9, pp. 622, 625, vol. n, pp. 53, 54; vol. 12, pp. 61, 69; vol. 13, pp. 42, 96, 144; vol. 14, pp. 30, 43.
Executive Council Minutes 45
Land againe after it had been sold 40 yeares agoe, their Children 40 yeares hence may doe ye like; They say still that then only part of it was sold, soe they continued on it, but now if they shall sell it all, they will goe off & leave it.*
They are told how it is made appeare ye Island hath long since been bought; However in Consideration of their quiet Leaving y6 Island a Present shall bee made them somewhat extra[or]dinary for their Satisfaction./
[21] They still insist that a part was only sold, & a small Matter only paid. *
All the Old Dutch Records were produced & Examined into; wherein it was found that the said Staten Island was sold, & the Consideracon Agreed upon therein menconed, with all the Indyans Names & Markes who sold it, — of wch \Varriner, & Aquepo, & Minqua Sachemacks at Staten Island are 3. It was in 1657.*
This being prest, they say they'l speake noe more of it, but lett those that are alive of them who made the Agreem* come to the Governor, & satisfy him about it.
Then they are told that though there was an Agreement yet nothing of it was paid, for they did not goe off the Island, but if they will now goe all off, That Agreement shall bee made good to them.
The Particulars are read. — viz? — 10 — Shirts
30 — paire of Stockings Woollen. 10 — Gunns 10 — Barrs of Lead 30 — pound of powder
1 This deed bears date of July 10, 1657. The purchase was annulled, how- ever, December 22 of that year. — N. Y. Col. MSS., vol. 12, pp. 61, 69. In the deed the three Indians are given as Waerhinnis Couwee of Hespatingh; Acchipoor of Hweghkongh, sachem and chief warrior; and Minquasackingh of Hackingsack.
46 Province of New York [ A'p6r?°9]
30 — Ells of Redd Dozens, w°h make 12 Coates 2 — Pieces of Duffells about 36 Coates 30 — Kettles small & Great 50 — Hattchets small & great 25 — Hoes Some Kniv[es] Some Awles
[22] They say they'l acquaint ye rest that are concern'd with it, & will send to Warriner, Aquepo, & Minqua- Sachemack to come hither.
At last they promise to bring Aquepo, and Warriner to the Governor To-Morrow.*
At y« Fort Apr: g^ 1670. Pres<
The Governor Mr Delavall Mf Mayor Mf Van Ruijven The Secretar.
The Busynesse was againe had under Consideracon about ye Indyans Pretences to Staten Island.
The Indyans brought only Aquepo w1.*1 them; they say War- riner is sick, & besides if hee were well hee would not come, for that hee hath play'd away all his Interest in Staten Island.
Afterwards came also Minqua Sachemack./
Aquepo being shewn the Record where his Marke was, hee presently found it out.
Hee saith farther that ye Governor then promised ye severall things mentioned to bee Agreed for the Island, & sent into Holland for them, but they never were sent.
It's askt if the Gov[er]nor will now make good [23] that Agreem*, whether they are content to quitt the Island.
[Ap6r!°9] Executive Council Minutes 47
Aquepo prtends, It was Agreed but for a part, but they are told y6 Record mentions the whole Island, w°h is more cer- taine then what hee saith.
They refuse to take what was then Agreed upon. It's told them, if they will not sell they must Plant in some Corner of the Island that may bee ffenct in; And if they shall disturb y* People, Cattle, or Hoggs that live there, they shall bee severely punisht.
Some of y6 Indyans present lay Clayme to ye Land by Harlem, but y6 Records shews it was bought & paid for 44 yeares agoe.1
It being askt what they demand more then was Agreed formerly;
They desire to know what ye Governor will give for the Island, It's told them, what was Agreed for formerly, They still insist that the Agreem* was but for part.
They demand for the whole as followes. 3002 — 600 — ffathom of Wamp1? 30 — 60 — Match Coates
5 — Coates of Dussens made up 30 — 40 — Kettles 20 — 30 — Gunn[s] [24] 30 Axes 30 Hoes 30 Shirts
A ffirkin of Powder, judged to bee 50 pound. 60 Barrs of Lead. 50 Knives.
1 The reference is to the purchase of Manhattan Island from the Indians in 1626, for the value of sixty guilders, an equivalent of twenty-four American dollars.
1 The figures in this column are those referred to as " in y« Margent," wherein the governor and council sought to reduce the amount asked by the Indians.
48 Province of New York
Afternoone.
It's offerd to make an Abatem* as is in ye Margent. The Indyans ask more 100 ffathom of Wamp1?, 10 Kettles £ 10 Gunns.
The 100 ffa thorn of Wamp1? is consented to; The Governor offers more to give them 3 halfe ffatts of Beere, each of them a white six Stivf Loafe, & halfe a Mutch of Liquor/
Quererom who was Employed to bring the Indyans to- gether is to have a Blanckett, & a ffathom of Duffells.
Wackeckanoking one of the Speakers is to have a small Iron Pott in lieu of one hee lost in Towne.
On Wednesday next being the 13^ day, they are to come againe & receive their Pay.
[25] The Persons prsent & concerned strooke hands upon the Bargaine.
To Leave the Island upon receiving the Pay.
Their Names Aquepo
Minqua-Sachemack. Wewanecameck Pemantowes — Aquepo Quewequeen Wewanecameck Mataris Aquepo in y6 name of Warriner.
Apr: 13*?
The Sachems appeare, but not all, those that appeare for them absent are written above over against them.1 There appeare 4.
1 Collateral and Illustrative Documents, No. XVII. The text is taken from the original indenture deed owned by the State, formerly in Land
Executive Council Minutes 49
The Payment is made, & Deed of Conveyance signed.
Possession of ye Island by Turfe & Twigg was given by ye Indyans the i™* of May following to Mr Thomas Lovelace & Mr Matthias Nicolls Deputed from the Governo'f l
[26] At a Councell held at y*
fFort May y6 14^ 1670. * Present
The Governor Mr DelavaU MF Willett. * The Secretary.
Mr Mayhews Busyness of Martins Vineyard to bee taken Mf May- into Consideracon first./ 2 hew*
A Letter from Mr Mayhew produced & read wherein hee desires to bee resolved in what nature Martins Vineyard & those parts are as to Government.
The Patent to the Duke includes Martins Vineyard & those other Isles.3
Papers, vol. i, p. 34, but transferred, in 1908, to the archives of the New York State Library. Five Indians, on April i3th, signed by marks for them- selves and two of them signed again by marks on behalf of two absentees. On April isth, the marks of six Indian children and youths were added, acknowledged and witnessed. An engrossed copy of the deed, made in 1786, is in Patents, vol. i, pp. 62-66, in the office of Secretary of State. The dupli- cate of the original indenture deed, bearing also signatures of Governor Lovelace, is owned by the New York Historical Society, which acquired it by gift from Samuel Hazard, of Philadelphia, on December i, 1846. It was printed in Historical Magazine, vol. 10 (1866), pp. 375-377, and varies from the State's complementary deed in several particulars.
1 Collateral and Illustrative Documents, No. XVII.
1 Thomas Mayhew, the elder. The papers are in Collateral and Illustrative Documents, No. XVIII.
* The grant to the Duke of York included " all those severall Islands called or knowne by the names of Martin Vineyards and Nantukes otherwise Nan- tukett," and all the islands appertaining to them. — Colonial Laws of New York, vol. i (Albany, 1894), p. i.
[4]
50 Province of New York tiy70,J
It is Ordered, That a Lett' bee sent to M.r Mayhew, to desire him according to his Proffer to take a Journey hither, to consult about those parts, & their Settlem*, & that hee give Notice, to those of Plymouth Colony, Rhode Island, or any other that have any prtences, or lay Clayme to any of those Islands, to lett them know that within the space of two Months ye Governor intends to settle those parts, soe that they may doe well to come or send some Agent to Act for them, otherwise after that time all y° Pretences or Claymes will bee adjudged of noe Validity. a
Mr Mayhew is to bee desired to bring all his Patents [27] Writings or other Papers relating hereunto with him.
The Dukes Patent wherein Martins Vineyard is included is shewn to young Mr Mayhew.1
Connec- The Busyness about Connecticott Bounds & their New
Bounds Settlements neare Hudsons River, taken into Consideration.2
It is Ordered to bee referred untill an Inter View between the Governors, as also that of the Motion of peace between the Maques & North Indyans,3 wth that of ye Warr between (French & Dutch. Cap* Cap? Bakers Busyness considered of.4
Baker.
1 Matthew, son of Rev. Thomas, and grandson of Thomas Mayhew, the elder.
'Collateral and Illustrative Documents, No. XIX. See also Bowen. Boundary Disputes of Conn. Boston, 1882, pt. iv; and bibliography in Bulletin of New York Public Library, vol. iv, pp. 361, ff.
'The Mahican.
4 Collateral and Illustrative Documents, No. XX. The dismissal of Captain John Baker from his command as deputy governor at Albany was the cul- mination of a series of disorders which were induced by his querulousness and arbitrary demeanor, particularly with William Paterson, a merchant of New York City, but temporarily at Albany. Baker had been put in com- mand by Governor Nicolls, September 25, 1665, as successor to Captain John Manning. In August, 1668, joint instructions were issued to him by Nicolls and Lovelace, for the proper regulation of the militia and other affairs at Albany, and contained sound advice. The first article read: " Because t'is in vaine to give Instructions unlesse you observe them punctually; you are strictly charged and required, to read them over frequently, and not to
Executive Council Minutes 51
It is Ordered, That Cap* Baker bee dismist his Military Employment, both at Albany, or any other part of the Gov- ernmt &c:
Cap* Salisbury to bee in his Place.1
The Busyness of Eleazer Leveridge & his reputed wife Rebeckah taken into Consideration.2 j
follow yor owne humor but my [our] ord1?" He was not to let his " eares be abused with private Storyes of y6 Dutch, being disaffected to the English," and when he had sufficient testimony against any Dutchman of words or actions tending to a breach of peace or scandalous in defamation, the offender was to be delivered over to the commissaries. His fracas with Paterson happened on July 31, 1669. *Paterson sent a written complaint to the gov- ernor involving a technical charge of burglary as well as assault. The evi- dence against Baker was overwhelming and he offered to apologize and admitted his fault, but the Scotch blood of Paterson would not so easily be assuaged. On October 4, 1669, a special arbitration commission was ap- pointed by Lovelace, to sit on the case which, figuratively, sat on Baker, finding him at fault and ordering him to pay to Paterson two hundred guilders, seawant, as damages, whilst the charges of the commission were to be borne equally by the litigants (October 6, 1669). Paterson soon disappears from the scene, but we cannot agree with Mr. Innes that he is the same William Paterson who founded the Bank of England and was noted for philanthropies. Baker appears at Esopus, June 19, 1671, interested in obtaining land for one of his sons, and Lovelace ordered the magistrates " to cause one of ye best in my Disposall to be laid out at Marbleton for him," promising con- firmation by patent. In 1673 Baker is found as a petitioner from Elizabeth Town, New Jersey, in which he had a joint interest, and where he died in September, 1702. — General Entries, vol. 4, p. 19; Brodhead. Hist, of N. Y., vol. 2, pp. 87, 167; N. Y. Col. Docs., vol. 2, p. 571; N. Y. Col. MSS., vol. 22, p. 10 ; for his will, etc., see New Jersey Archives, vol. 21, p. 151. The papers on the case of Paterson vs Baker embrace complaint, answer, depositions, statements of Gerrit Swart, the Albany schout, correspondence of Albany commissaries and letters from Lovelace, minutes of court martial, Baker's apology and bond, appointment of arbitrators and their report, etc., which are in New York Colonial MSS., vol. 22, pp. 78-94; Court of Assizes, vol. 2, pp. 200, 418-419, 489; Orders, Warrants, Letters, vol. 2, pp. 514-516; and perhaps others. A good summary of this case is in Innes. New Amsterdam and its People, pp. 199-203.
1 Captain Sylvester Salisbury. His commission, dated July 13, 1670, is in N. Y. Col. MSS., vol. 22, p. 104. See Collateral and Illustrative Docu- ments, No. XIX. For personal data see Talcott. Genealogical Notes of New York and New England Families, p. 216; Magazine of American His- tory, vol. 19, pp. 233-244.
1 Collateral and Illustrative Documents, No. XVI.
52 Province of New York
It is y6 Opinion of Mr Delavall, Mr Wiilett, & ye Secretary that there is sufficient Occasion of a Divorce, & also some Allowance from the Man to the Woman out of his Estate.*
[28] At ye Fort July f* 1670.
Before ye Governor Pres*
The Governor Mr Delavall The Secretary
The Matter under Consideration is ye difference between John Archer for ffordham, & the 3 ffarmes — Betts, Tip- pett, & Heddy — touching their Meadow.1
Archer claymes 30 Acres as sold him by Doughty, Betts
claymes ye rest, & ye Swamp. The Swamp lyes under ye
Towne, & cannot bee accompted Meadow, as both Mr
For y6 1 Jacques Cortelijau & Mr Thomas Rider Surveyo1? doe
Ordf videLep0rt; An Order hereupon.2
y6 Records.]
At ye Fort July 7*.h 1670. Before the Governo?
Chestf '
Mra Harri-l Vpon ye Complaint of Thomas Hunt Sen? & Edward son & west- ^ Waters 3 on behalfe of ye Towne of West Chester against a
1 Collateral and Illustrative Documents, No. III. Archer brought suit at the assizes, October, 1672, by a special warrant, against Betts, Tippett and the inhabitants of the three farms near Fordham, as to right of title to the " Bagg of Swamp or Marsh." The jury found for Archer, and the court concurred. — Court of Assizes, vol. 2, pp. 289, 296, 301, 308. At the same session of the assizes, John Heddy was fined five pounds, on a charge of hog-stealing, of which he could not clear himself to the satisfaction of the court. — Ibid, pp. 290, 298, 302, 312. Heddy had been appointed one of two overseers for the town of Fordham, on February 13, 1671/2.— Records of New Amsterdam, vol. 6, p. 362.
1 Collateral and Illustrative Documents, No. III.
• Edward Waters, constable of the town of Westchester, was one of its
[j'tuj0?] Executive Council Minutes 53
Woman suspected for a Witch who they desire may not live in their Towne; The Woman appeares with Cap* Pon- ton l to [29] justify her selfe; her Name is Katharine Harryson.2
Their Peticon, as also another from Jamaica against her settling there were read.
Shee saith shee hath lived at Wethersfield 19 yeares, & came from England thither; Shee was in Prison 12 Months.
Shee was tryed for Witchcraft at Hartford in May last, found guilty by the Jury, but acquitted by the Bench, & released out of Prison, putting her in minde of her Promise to remove.
An Ordr that shee remove out of Towne &c :
original patentees. — Bolton. Hist, of the Town of Westchester (1881 edition), vol. 2, pp. 296, 301.
1 Richard Ponton or Panton, of Westchester. On January 23, 1670/1, he sold to John Hunt, also of Westchester, " my now dwelling House in West- Chester with two Home Lotts lyeing by it, as adjoyning thereunto, with other appurtenances." — Deeds, vol. 3, pp. 136-137.
'Collateral and Illustrative Documents, No. XXI. Katherine Harrison, widow of John Harrison, of Wethersfield, Conn., whose daughter Rebeckah had been married to Josiah Hunt, son of the above-mentioned Thomas Hunt, Sr. She lived at Westchester with her son-in-law and daughter, who sued her for the recovery of property said to have been left to the daughter by her deceased father, and which it was claimed her mother withheld from her. Jonathan Gilbert, of Hartford, a cousin of the widow, was one of the execu- tors of John Harrison's will. — Court of Assizes, vol. 2, pp. 261-266 (October, 1671); Records of New Amsterdam, vol. 6, pp. 302, 306. John and Katherine Harrison were married on May 4, 1653 and had three daughters, of whom Rebeckah, born February 10, 1654, was t*16 oldest. — Adams and Stiles. Hist, of Ancient Wethersfield, Conn., vol. 2, p. 416.
New York had an earlier witchcraft trial at the assizes, on October 2, 1665, against Ralph Hall and his wife, Mary, both of Brookhaven. They were accused of causing the death of George Wood and of "an Infant Childe of Ann Rogers, widdow of ye aforesaid George Wood deceased." Hall was bound over " Body and Goods " as security on a recognizance for his wife's appearance " at the next Sessions and so on from Sessions to Sessions, as long as they stay wthin this Government." — Court of Assizes, vol. 2, pp. 38-42.
54 Province of New York
The Orel? drawn at large, to wch Reference to bee had.
The Courts OrdF at Har[t]ford, was as followeth.1
Co1? of Assistants Har[t]ford May 20^ 1670.
This Co1? having considered ye Verdict of ye Jury respecting Katharine Harrison cannot concurre with them soe as to Sentence her to Death, or to a longer Continuance in Re- straint, but doe dismisse her from her Imprisoning Shee paying her just ffees to ye Goaler; Willing her to minde ye performance of her Promise of removing from Weathers- field, wch is that, as will lend most to her own Safety & ye Contentm? of the People who are her Neighbo1^
Daniell Garrad is allowed for keeping Goodwife Harryson five pounds.
Extracted out of ye Records of ye Court. p me John Allen Seer.
[30] At the Fort. Aug: 24^ 1670. Pres*
The Governo? Mr Delavall The Secretary
The Matt? to bee considered of is the Complaint of ye Towne of West-chester against Katharine Harryson Widdow suspected of Witch-craft &c:2
They being all appointed to appeare before the Gover- nour this day;
1 On her imprisonment and trial in Connecticut, see Records of Court of Assistants, vol. i, pp. 1-17; Colonial Records of Conn., vol. 2, pp. 118, 132; Doc. Hist, of N. Y. (octavo edition), vol. 4, pp. 136-138; Taylor. The Witch- craft Delusion in Colonial Connecticut. 1647-1697. New York, [1908], pp. 47-61, 153; Adams and Stiles. Hist, of Ancient Wethersfield, Conn., vol. x, pp. 682-684.
J Collateral and Illustrative Documents, No. XXI.
UJ*°aJ Executive Council Minutes 55
There appeared for ye Towne Edward Waters Constable & John Quinby;
ffor y6 Woman Cap* Ponton, Thomas Hunt Senr, & Junf,1 Roger Townsend,2 & one More.3
Cap* Ponton produced a Lettf from Cap* Talcott 4 to him in Justification of the Womans Innocency, & another Letter from John Allen Secretary of Connecticott Governing in excuse of not sending ye Womans Papers.
Josiah Willard bein^ desired to say what hee knew con- cerning the Woman, making Relation of what is certifyed by Mr Allen, hee is one of that Governm* that knew of her Arraignment, & was spoken to (that hee would bee prsent) by ye Constable, but hath nothing to say further.
It being taken into Consideration, It is Ordered that the Discussion of this Matter bee referrd [31] to ye next Gen*.1 Court of Assizes; In ye meane time that shee give Security for her good Behavio1, during the time of her Abode amongst them at West-Chester./ 5
1 Thomas Hunt, Jr. was an ensign of the foot company of the town of Westchester, but was succeeded by Joseph Palmer, June 27, 1672, or a few days after Hunt had been served with a warrant to appear at the court of sessions, held in Jamaica, to answer to a presentment in which he was charged with hog-stealing. He was found guilty at the sessions, and was bound over to the court of assizes of October, 1672, where he was fined " sixty pounds, or receive the Corporall punishm* of Thirty nine Stripes at the Common Whipping Post before the State House in this City [New York] before the breaking up of this CofV' to pay the costs and provide security for his good behavior. — General Entries, vol. 4, pp. 141, 147; Court of Assizes, vol. 2, pp. 290, 298, 311.
* For land patent of Roger Townsend at Westchester, see Court of Assizes, vol. 2, p. 528, and for deeds recorded for him, in 1672, see Deeds, vol. 4, pp. 72-74. His will, dated May 7, 1674, mentions his wife, Mary. She was soon married to Captain Richard Osborne, who was appointed administrator of Townsend's estate. — Collections of N. Y. Hist. Society, 1892, pp. 28, 38.
•The meaning here seems to be that one more, besides those named, appeared for Mrs. Harrison.
4 Captain John Talcott, of Hartford, and treasurer of the colony of Con- necticut.— Talcott Pedigree in England and America, pp. 32-33.
1 Collateral and Illustrative Documents, No. XXI.
Province of New York
r 1670 -
LOct. 22
Albany) Schout. I
Maritien Damen
Cap: Salis- bury's Lettf
about trad- ing wth Cattle for Beaver.
Present
At a Councell held ye 22fc.h day of Octob: 1670.
The Governor Mr Mayor 1 Mr Steenwijck The Secretary. _,
The Matt1? under Consideration, ffirst about ye Schout at Albany.2 I. That y® prsent Schout doe continue untill M.r Mayo1? goeing up, when hee may make Enquiry of a person that may bee most acceptable to ye Magistrates of ye Towne to bee in that Employment, Vpon whose Recommendacon that Person may bee confirmed in the Places
2. The next about Maritien Damens3 & Jan Clutes Exchange of the 6. Margen.
That what was Ordered by ye Governor & Councell at their being there this Summer doe stand good.4
3. As to Cap? Salisburyes Letter about the New [32] England Mens Trading at Albany w^ Horses and Cattle for Beaver.
1 Thomas Delavall, who had been commissioned mayor of New York City, on October 9, 1670. — Court of Assizes, vol. 2, p. 598.
*Gerrit Swart was then sheriff of Albany, and had been till 1665 schout of the colony of Rensselaerswyck. — See O'Callaghan. Hist, of New Netherland, vol. 2, p. 564; Van Rensselaer Bowier Manuscripts, pp. 844-845.
1 Maritie Damen was first married to Dirck van Eps, and after his death became the wife of Hendrick Andriese van Doesburgh, who died about 1663. In 1664 she was married again, to the widower, Cornelis Hendrickse van Nes. She received a patent, on May 8, 1668, for land at Canastagione, apparently that part of the present town of Clifton Park, Saratoga County, lying east of Stony Creek and abutting on the Mohawk River, opposite " Great (now Shakers) Island." She also owned a house and lot in Albany. — Pearson. First Settlers of Albany, pp. 37, 128; ibid. First Settlers of Schenectady, p. 221 ; ibid. Hist, of Schenectady Patent, pp. 105, 185. For van Nes see also Van Rensselaer Bowier Manuscripts, p. 824. The patent of May 8, 1668, is in Patents, vol. 3, pp. 26-27, office of Secretary of State.
•Collateral and Illustrative Documents, No. XXII.
[olt/Sal Executive Council Minutes 57
That an Ordr & Proclamacon1 bee made to Prohibit! the Importacon of Cattle, Horses, or Goods from any other Government to that Place over Land, or of Exportacon of Beave.r or Peltry from thence that way, without particular Order from the Governor under the penalty of forfeiture &c : untill his Royall Highness Pleasure shall bee further known herein.
4. In Answe.r to {Father Pierron 2 Lettf; To recommend Father it to Cap.1 Salisbury & the Commissaryes to bee very watch- ^ full over his Actions, & to give Acco* thereof upon all Occasions.
5. About fortifying of the Towne and ffort, That they bee Fortifying putt in minde of their promise & Engagem* thereupon to Albany.* ye Governor
6. About ye peace between ye Maques and Mahicanders. Maques & To leave this in suspence untill ye Certainty of Governor de*sic<
Winthrops Voyage for England bee knowne, & the Returne A peace, of Mr Mayof from Albany.3
7. About Bridge Money for Horses &c: 4 Brids
Money.
1The full text of the order and proclamation has not been found after prolonged search.
* Father Jean Pierron, S. J., who says he " arrived from Europe on the 2;th June, 1667." — Sainsbury. Calendar of State Papers, America and West Indies, 1 66 1 — 1668, p. 496. His correspondence with Lovelace began in 1668. Lovelace, in a letter to Thomas Delavall, July 6, 1671, referred to one of Pierron's letters as " a French Rant." On the correspondence between the Jesuit and the governor, see Thwaites. Jesuit Relations and allied Documents, vol. 52, pp. 12, 139-141, 262; and vol. 67, pp. 41-43, 47, 333; Brodhead. Hist, of N. Y., vol. 2, p. 146; N. Y. Colonial Docs., vol. 9, p. 883. For sketch of Pierron see Thwaites. Jesuit Relations, vol. 50, p. 323; vol. 71, p. 150.
1 For earlier documents see Collateral and Illustrative Documents, No. XIX.
4 On September 20, 1671, Ralph Warner was appointed "to take Cog- nizance of all Horses or Mares that shall come to ye ferry or parts adjacent to be Transported out of this Governm1, And that you Record the Attestacons from whence they come, together wth their Markes & Colours, and receive ye Sallary allowed for ye same." The court of assizes of 1669 had ordered that a person should be appointed for this purpose and to prevent abuses. — General Entries, vol. 4, p. 35.
Province of New York
r 1670
LOct. 2
An Ord1" thereupon, to ye wch to referr. vide ye Records. Stealing [33] 8. About Stealing of Canooes &c:
The having a Watch kept to prvent Disord? by Night to bee left to farther Consideration; but for the present, That the Sherriffe of ye City doe take an Exact List of ye Inhabi- tants & Burgers in each Street of the Towne,1 & make Returne thereof to the Governor &c:
As to ye Penalty for Stealing Canooes &c: That the Per- sons who shall bee found guilty shall bee lyable to a ffine & Imprisonment or Corporall Punishment according to the Demeritts of the ffact.ff 2
9. Nullity of Marriage between Eleazer Leveridge & Rebeckah his Wife.
And Ordr issued forth accordingly.^ ) vide ye
J Records.3
10. The Abollishm* of Customes at ye Whore-Kill to bee Ordered; & a Lett?" written to the Inhabitants in Answr to their Peticon.
An OrdF & Lett?" drawn up accordingly, whereunto to be referr'd.y vide ye Records.4
1 This is an interesting fact in the history of the census of New York City, although the list seems not to be in existence. Lists of the residents in 1665 are in Valentine's Manual, 1849, pp. 356-359, and ibid, 1861, pp. 613-621. Another list of 1674 is in ibid, 1866, pp. 805-809. For later censuses see Doc. Hist, of N. Y., vol. i (octavo edition), pp. 687-697.
'Collateral and Illustrative Documents, No. XXIII. The punishment accorded by the court of assizes, October, 1672, for stealing of hogs, boats or canoes was severe. It involved a fine, corporal punishment or even having an ear cut off. — N. Y. Colonial MSS., vol. 22, p. 142 (Article 8). See also Records of New Amsterdam, vol. 6, p. 359 (February 13, 1671/2).
8 Collateral and Illustrative Documents, No. XVI.
• Collateral and Illustrative Documents, No. XXIV.
Eleazr Leveradge his Mar- riage null.
Whore kill Customes.
[D£°I] Executive Council Minutes 59
[34] At a Councell held in y6 ffort
Decemfe: Is* 1670. Present
The Governor Mr Mayor Mr Steenwijck The Secretary
Mr Smiths Peticon taken into Consideration about the Mr Smith. Bounds of Nesaquake "River,1 Mr Smiths Clayme being
1 Collateral and Illustrative Documents, No. XXV. On account of the Bounds. involved nature and prolonged litigation of the case of Richard Smith against the town of Huntington, as to title to the Nesaquake or Nissequogue lands, we have included also the records of the case at the various sessions of the court of assizes.
Richard Smith, the patentee of Smith town, L. I., was known as the " Bull rider " and is the ancestor of the family of " Bull Smiths." He was a son of Richard Smith, a native of Gloucestershire, England, and a pioneer of New England at Taunton, Mass., in Rhode Island and later on Long Island and in New Amsterdam. Richard, the son, was at Southampton, L. I., as early as October, 1643; was chosen a freeman of that town on October 7, 1648; became constable on October 7, 1650, and held other offices there. He was banished by the general court in September, 1656, for " vnreuerend carriage towards the Magistrates," or contempt of court, and removed to Setauket or Brookhaven. For a time he had charge of his father's property in New Amsterdam, which was disposed of in 1662. Becoming ambitious to hold extensive lands on his own account, he purchased from an Indian, sachem, named Nassekege, land on the east side of the Nissequogue River, and made an agreement to purchase from Lion Gardiner another tract on, the west side of that river, adjoining Huntington and claimed by that town. It was this last named transaction which precipitated the protracted con- troversy with Huntington. He died on March 7, 1692/3, and was survived by his widow, Sarah Folger, of Boston, who died in 1708. They had seven sons and two daughters from whom a large progeny is descended. For personalia see Pelletreau. Wills of the Smith Families, p. 14 (note); Pelletreau. Records of the Town of Smithtown (1898), pp. vii— x, 464, 490; Huntingdon Town Records, vol. i (1887), p. 170 (note); Innes. New Amsterdam and its People (1902), pp. 218-222; Montgomery. Smith Family of New York (1879). For the land controversy see also Huntingdon Town Records, vol. i, pp. 7 (note), 92-96, 169-170, 176-177, 179-180, 193-200, 209-214; Records of East- Hampton, vol. i, p. 336; Pelletreau. Records of the Town of Smithtown, pp. 1-38; Brookhaven Town Records, vol. i, pp. 22, 46-48.
60 Province of New York
heard as to ye Bounds of Nesaquake Lands, shee [sic] declared it to bee as farr as the fresh Pond on the West side of the River, & soe to the Hollow.
It is Ordered, That the Bounds of Nesaquake Land as sett forth by Mr Smith, being to the Westermost side of the ffresh Pond bee sent to Huntington for them to returne in Answer what they have to say to the contrary. To recommend a Composure.
Mr Smith engages to settle 10 ffamilyes if they have the Land to the ffresh Pond.ff
Maques & About the Peace between ye Maques & Mahicandr.s MahicandT3 Ordered that a Letter of what hath past at Albany & Schanechtide with a Translation of ye Propositions made by the Indyans there bee sent to Governor Winthrop, with a Desire of his Answer upon it.1
The Heer Mijn Heer Johannes de Deckers Petition to his Royall Decker.6 Highness vs Reference thereupon being [35] considered of, concerning ten Negroes hee layes Claime to & his Sallary due from ye West Indya Company,2 It is Ordered, That Thursday ye 8th of this instant Month bee the time appointed to heare Mr Deckers prtences in Order to the Petition and Reference of his Royall Highnesse afore-mentioned; To
1 For earlier documents see Collateral and Illustrative Documents, No. XIX.
'Collateral and Illustrative Documents, No. XXVI. De Decker said in his petition that he had left ten negroes " in custody of one Resolved Waldron to dyet and keepe them for your petitioner," but were seized by Thomas Delavall " as negroes belonging to the Dutch Company, but indeed were not so." — Collections of N. Y. Hist. Society, 1892, pp. 82-83. These negroes were part of a consignment of slaves brought over by the slave ship " Gideon " to New Amsterdam, in August, 1664, just prior to the surrender of the city. De Decker claimed protection under article 3 of the articles of surrender. He had been a member of the council of the Dutch West India Company at New Amsterdam, and was one of the Dutch commissioners who signed the articles of capitulation to the English in August, 1664. He was banished from New York, on September 30, 1664, to leave within ten days, for trading with powder and negroes up the Hudson River as far as Albany, without having obtained first a certificate from Governor Nicolls, and because " hee
[De6c!°i] Executive Council Minutes 61
which end a Summons is to bee sent to him to appeare that day in the ffort by two a Clock Afternoone, to make good ye prtences & Claymes mentioned in his Peticon.
That the Mayo? & Aldermen have Notice to Attend the Governor at the same time & place, & all Witnesses then to appeare likewise.
Mijn Heer Stuijvesant \ Mf Van Ruijven, > To have Notice.
Resolved Waldron. )
The Mayor & Aldermen to bee as Assistants to the Governor & Councell.
Mr Deckers prtences for Land at Staten Isl? to bee left to farther Consideration.1
Philip Pieters 2 Bill of Sale for Land there, The Tide is PhaiP judg'd soe obsolete and old, that his prtence thereupon is aboutLand void; Jacob Melijen 3 from whom hee derives his Title, on Staten having sold all hee claymed there unto the West Indya Is ' Company, reserving only a ffarme.4
did endeavo? by discourses to alienate the mindes of his Ma^63 Dutch sub- jects from that happy reconcilement without bloudshed," and for other alleged causes. He received a pass, accordingly, on October 5, to go with eight negro servants and his necessaries " to the french plantations of Mar- tinica, Gardeloupa or St Christophells " and thence to Holland. After the treaty of Breda, the Duke of York referred De Decker to Lovelace for the redress of his grievances, and it is this inquiry by Lovelace that appears in the council minutes. De Decker received from Lovelace, as a peace-offering, a tract of land on Staten Island. His name is yet perpetuated in Decker- town, Sussex County, N. J. — Innes. New Amsterdam and its People, pp. 42-43; General Entries, vol. i, pp. 23, 39, 149; Brodhead. Hist, of N. Y.f vol. i, pp. 599, 625, 741, 742, 743-744, 763; vol. 2, pp. 35, 46, 182-183.
1 Collateral and Illustrative Documents, No. XXVI.
'This refers to Philip Pietersen Schuyler, often called Philip Pieters, for short. He was of Albany and was also interested hi the settlement of the new villages at Esopus, hi November, 1668. — Orders, Warrants, Letters, vol. 2, p. 280; N. Y. Colonial MSS., vol. 10, p. 113. See for personal data Munsell. Schuyler Family (1874); Van Rensselaer Bowier Manuscripts, pp. 841-842; Schuyler. Colonial New York, vol. i, pp. 99-186.
1 Son of Cornelis and Jannetje Melyn.
« Collateral and Illustrative Documents, No. XXVII.
62
Province of New York
r 1670 i
L Dec. i J
Mr Sharpe about Doraines Hook.
Seatalcot. for En- largem*
There appearing noe Transport of the Land nor Record thereof, hee hath his Remedy only against Melijen, for what hee hath disburse
[36] In the Busyness of Mr Sharpe * about Domine's Hooke,2 That Mr Van Brugh 3 & Mr Bayard,4 & also Mr Sharpe doe Attend the Governor & Councell To-morrow by ten a Clock in the Morning, when both Partyes shall bee heard.
Seatalcott Busyness for Enlargement.5
»John Sharpe, of New York City, who had come over with Governor Nicolls from England, in 1664, having resided in London " at the Signe of the Ramme in ffleete Streete." He was commissioned a public notary by Governors Nicolls and Lovelace. — Orders, Warrants, Letters, vol. 2, pp. 23, *97» 237; Court of Assizes, vol. 2, p. 573. See also Collections of N. Y. Hist. Society, 1892, p. 166; Bergen. Kings County Settlers, p. 260.
1 Situated up the East River, at the mouth of Mespath Kill (now Newtown Creek), and consisting of one hundred and thirty acres of upland and meadow, being the section of late called Hunter's Point. — Innes. New Amsterdam and its People, p. 16. This tract of land had been given to Dominie Everardus Bogardus and was named from him. He had married Anneke Jans, widow of Roelof Jans, and after her death Dominie's Hook was sold at auction, on behalf of her heirs, to John Sharpe for 7950 florin. — Records of New Amster- dam, vol. 6, pp. 232-233.
'Captain Johannes Peterse van Brugh (or Verbrugge) married Catrina (or Trijntje) Roelofse, daughter of Roelof and Anneke Jans, on March 29, 1658, and in this way he became interested in Domine's Hook. He was one of the first group of aldermen of New York City, appointed under the new form of government, June 12, 1665, and was an alderman at the time of the above transaction. Lovelace also appointed him one of the " Wees-Mastrs or Guardians of Widdowes and Orphans Estates," in 1671. He died in 1699. — General Entries, vol. i, p. 121; vol. 4, pp. 8, 53; N. Y. Colonial MSS., vol. 22, p. 119; Collections of N. Y. Hist. Society, 1892, pp. 89, 93; Stouten- burgh. Oyster Bay, pp. 691-692.
4 Nicholas Bayard, surveyor of the customs hi New York, who had been granted letters of denization, October 12, 1668. — Orders, Warrants, Letters, vol. 2, p. 298; N. Y. Colonial Manuscripts, vol. 22, p. 53; Court of Assizes, vol. 2, p. 605. As vendue master he had sold Dominie's Hook, on February 10, 1670, to John Sharpe. — Records of New Amsterdam, vol. 6, pp. 232-233. For an account of Nicholas Bayard and the Bayards of New York, see [ Van Rensselaer, Sarah]. Ancestral Sketches and Records of Olden Times. New York, 1882, pp. 35, ft"., 65, ft".; also Proceedings of Huguenot Society of America, vol. 2, pp. 27-57.
6 Collateral and Illustrative Documents, No. XXVIII.
[De6c!°5] Executive Council Minutes 63
That the whole Towne have Liberty to purchase of the Indyans what is within their Patent, but not to debarr any that can pay their Proportion, or have Stocks; The Names of those that make Purchase to bee return'd to the Governor./
The House in Pearle-Street being forfeited in the last The House Dutch Warre, is Ordered to bee sold.* 1
Street con- fiscate.
[37] At a Councell in ye ffort &c:
Decemb. 5t.h 1670. Present
The Governor Mr Mayo? Mr Steenwijck The Secretar
The Matter under Consideracon was a Petition from ye MrSharpe Heyres of Anna Bogardus 2 about the Sale of Domine's & ye Hooke at an Outcry, to Mr Sharpe. ^" of
Their Petition read, to which Mr Sharps Answer was Bogardus. demanded.
Hee relates what reasons hee had given formerly to Mr Mayor Steenwijck,3 the which were his being in Drinke,
lThe reference is undoubtedly to the tobacco warehouse, managed by Augustine Herrman for Peter Gabry and Sons, of Amsterdam, which adjoined the " pack-buys " of the West India Company. Both houses were confis- cated in 1664, at the time of the surrender of New Amsterdam. Later the tobacco warehouse was occupied by Captain William Dyre, collector of the port of New York. — Innes. New Amsterdam and its People, pp. 52-53, 54-55-
1 Anneke Jans, late widow of Rev. Everardus Bogardus. For her will see Collections of N. Y. Hist. Society, 1895, pp. 487-489.
1 Cornells Steenwijck or Steenwyck was commissioned mayor of New York City by Governor Nicolls, on August 14, 1668, succeeding Thomas Willett's second term, and was continued by Governor Lovelace, on August 14, 1669, to hold over until commissioned anew, on October 9, 1669, until August 14, 1670, and again from then until October 9, 1670, when he was succeeded by
64 Province of New York
& without Reason, & severall Incumbrances upon the Estate, tf1
Mf Bayard 2 as Vendue Mastr, & Cap* Van Brugh wtb Wm Bogardus3 appeare for themselves & the rest of the Heyres.
Mr Sharpe for himselfe.
Hee alledges the Venditie to bee annihilated by their Disposall of, or Sale of the Hay to severall Persons.
It's referred on both parts to bee dicided [sic] by the Governof & Councell.
Thomas Delavall, who had already served a term as mayor, from June 12, 1666, until July 24, 1667. Steenwijck at once became an alderman. Love- lace made him a member of his council, on November 22, 1670 (commission delivered 26th). On July 19, 1671, Lovelace was obliged to go to Albany, being called there by " Publique Affaires of ye Nation," and appointed Steenwijck " to take ye managery of such Affaires as shall happen here within ye City of New Yorke or places adjacent, and then to heare & determine as you in yor best wisdome shall conceive requisite." He was enjoined from meddling with the garrison, which was under Captain Manning's charge. la city affairs he was to advise with the aldermen. Steenwijck was confirmed, on July 19, 1671, as one of the " Wees-Mastrs or Guardians of Widdowes and Orphans Estates." After his death his widow, Margareta de Riemer or Reimers, was married to Rev. Henricus Selyns. — Court of Assizes, vol. 2, pp. 409, 420, 421, 429, 571, 598, 619; Orders, Warrants, Letters, vol. 2, pp. 75, 161, 227; General Entries, vol. 4, pp. 8, 10; N. Y. Colonial Manuscripts, vol. 22, p. 119; New Amsterdam Records, vol. 6, pp. 315-316; Collections of N. Y. Hist. Society, 1892, pp. 168, 211; ibid, 1893, pp. 414-415, 444-445. There is a sketch of him in Valentine's Manual, 1864, pp. 648, ff.
1 At the mayor's court, April 12, 1670, Sharpe replied to the complaint and said that " if the owners can deliver him a good Title to the s? Land, it may be that their monney shal be reddy." — Records of New Amsterdam, vol. 6, p. 232.
8 Nicholas Bayard.
• William Bogardus, son of Rev. Everardus and Anneke (Jans) Bogardus. On June 18, 1668, Governor Nicolls commissioned him a " Dutch Public Notary " of New York City " for the Conveniency & Good of the Dutch | Inhabitants of this Citty & Governm* as well as for Strangers of that Nation j who may arrive here." Governor Lovelace reappointed him, on September 10, 1668. Bogardus divorced his wife, Weijntie Cebrantz or Sibrants, for j adultery, April 5, 1669, and on May i3th of that year was licensed to marry ! Walburga de Sille, " the widow of ffrancis Cregier deceased." — Orders, War- rants, Letters, vol. 2, pp. 211, 246, 369, 379, 408.
Opposite p. 65.
ARTYKELEN,
Van V ovcrf/tcn van
NIEU W - NEDERLANDT,
Op den 17 Auguftij, OudeStijl, Anno 1664.
Ymon Gilde van Rarop, Scbippcr op 'tSchip dc Gideon , komendc van de Menaces , of Nicuw-Amftcrdam ii Nitr\\-Nr.otM ANDT , rjportecrt dat Nituw-NcutRLANDT , met accoort , fonder ecnigbe tegcnweer den 8 Scp icmbcrNicmvc-StijI, acn dc Engcllcn is ovcr-gegcvcn , op Condition aU volght:
moom;onmlitftCrotrtiw/ti*ciufOntelit* i
to j rr oin W4 rt bmwrtcn /lin fit
I i^aBinihrt fjlHwBraftanrt rnn(|r pubftKhfanfcoftnijijnortJrn mrrnimtM , fct^Jim ^ <ro fcffc oaha^li • ic fcct aim / OTF itf gfj((9^xmlw&miQODrifdJfilui6c0r0«
B^BBSs^B^piB. *j^a^8seeK«sur^as8secaca:
^s^£^i^f=^S!!«ssa=s
YII.^ f-' ..-^-yj ir~'j~ ' — "— • rTirifiil^i
1- d. Decker. N.Verict. Sam. Me, Comelis
RobbcrtCarr. George Carrwright. John VVmthrop. •&un.W.llcs. Tho. Clarcks. JohnPhinchon.
Ick«K*fcAn^*lcneoc
RlCHAftDT NlCOLK.
ARTICLES OF THE SURRENDER OF NEW NETHERLAND. A Dutch Broadside, probably issued in Holland as a Poster (Reduced from the Original in the New York Public Library.)
[Dec.7°i] Executive Council Minutes 65
Vpon mature Consideracon had hereupon, Mr Sharp having confest his Error, It was [38] Ordered, That hee pay back to Mr Nicholas Bayard all the Pluck-Money deliverd out at the Sale, & also the Charges then expended in the House, together with 200 guildr.s Damage towards the loss susteyned by ye Persons who expos'd the Land to Sale, who have hereby Liberty to doe what they think good therein for their best Advantage, either by a new Vendue or otherwise. *
The Pluck Money ^o bee p? in one Month, & the 200 guild1? in 2 m? after Date hereof./
At ye ffort. before ye Governo? & Councell, & MayoF & Aldermen. Decem: 21. 1670.
The Matter under Consideracon is ye Reference from his R. H.s upon ye Peticon of Johannes De Decker.1
The Petition & Reference read, w4.h ye 3d Article of Sur- render mentioned by him.2
Mr Decker is desired to make appeare the Allegations in his Petition, about ten Negroes which hee claymes.
[39] Mijn Heer Stuijvesant 3 declares that hee and Mr Decker had Discourse of his having twenty Negroes, & to bee accomptable to the W: India Company for the Produce, but knowes not of their Delivery.
Resolved Waldron 4 acknowledges to have received severall
1 Collateral and Illustrative Documents, No. XXVI.
'The third article of surrender, of August 27, 1664, was as follows: " All People shall still continue free Denizens and enjoy their Lands, Houses, Goods, Shipps, wheresoever they are within this Country, and dispose of them as they please." — General Entries, vol. i, p. 23*
» Petrus Stuyvesant, the former Director-General of New Netherland.
4 Waldron resided in New Harlem. For a sketch of him and a list of his descendants see Riker. Revised History of Harlem (1904), pp. 691-778.
[5]
66 Province of New York [D£7029]
Negroes of Mr Decker, but the Number hee knowes not, only that hee took ten wth him up to Albany.^
Hee urges Negroes to bee the Generall Name of Men & Women, & cannot tell how many hee had of the one or other Sex.j
It's alleged that one Man Negroe was double the price of a Woman.
It's to bee taken into Consideration, In ye meane time hee is dismist.
It being putt to the Vote, after a full Hearing and Debate, It was Agreed upon (nemine contradicente) That the Negroes seiz'd upon by Mr Mayo1",1 by ye Governor.s Order,2 were taken as belonging to the West India Company, & noe way as the Effects of Mr De Decker; It noe way appearing that hee had possession of above ten of the 20 Negroes hee layes Clayme to.
The Order hereupon is drawn up, & Entred at large in ye 3? Booke of Entryes (of Dayly Orders) Pag: 287. — to wch to referr.3
[40] At a Councell held in y6 ffbrt Decemfc: 29^ 1670.
Beforenoone. Pres*
The Governor Mr Mayor
Mr Steenwijck The Seer.
» These negroes were seized by Captain Thomas Delavall, during his first mayoralty, from June 12, 1666, until July 24, 1667. — Collections of N. Y. Hist. Society, 1892, pp. 82-83.
1 An order of Governor Nicolls is meant. For an order of Nicolls, October 26, 1664, concerning negroes of the West India Company, see General Entries, vol. x, p. 54. Concerning " free negroes " hi New York, see Orders, Warrants, Letters, vol. 2, p. 222.
» Collateral and Illustrative Documents, No. XXVI.
Uc.7°29] Executive Council Minutes 67
Matters under Consideracon.
About M-r Deckers prtences for Land upon Staten Island, for wch hee hath a Ground briefe.1
It is consented unto, that hee shall have the Benefitt thereof, Provided that it bee noe prjudice to the Towne already settled, wch if it shall soe happen to bee, then hee shall have ye like quantity laid out in some other Place by ye Governor,2 hee being obliged to settle the same in one yeares
Time.
•
That in regard of ye paines & trouble the s? Mr Decker hath taken in coming out of Europe hither, the Governor is willing to gratify him herein, although in strictness his Right is Elapsed.
About Mr Mulfords 3 Letter concerning ye Confirmacon of the Indyans Deed of Sale [41] & the Sachem Elected by them, It is Ordered That a Commission of Confirmacon bee sent to ye Sachem, and two Constables Staves fitted for them according to the Request; 4 And ye Deed of Sale confirmed.5
That a Lett1" bee written to Southampton to restrayne the selling of Strong Liquor to the Indyans, and that thePenaltyes in the Lawes bee putt in Execution.6
In answer to that part of Mr Mulfords & Mr James's Letter about Confirmation of their Deed from the Governor; It is Ordered that a Lettr bee sent to ye Com"1* for y6 Indyan Affaires, who are to examine into the Equity of the Busy- nesse, & to make Report thereof unto the Governor 7
1 Collateral and Illustrative Documents, No. XXVI.
* Lovelace.
• John Mulford, of East Hampton, L. I.
« Collateral and Illustrative Documents, No. XXIX.
'/Wd.
•Ibid.
'Ibid.
68 Province of New York \j£\ J
Afternoone
Jn° Coopers Peticon taken into Consideracon about the Indyans Assisting in Whaling &c: 1
The Ord.r of ye Comnr.s to bee confirmed & observed.
His Proposall of Compounding for ye Customes for what Goods that are Customable shall come to his hands.
That for y6 present, it is not found practicable soe ye Consideracon thereof is to bee respited to another time.
[42] The Papers deliver' d in Co1? of Sessions from the Townes of flushing, Hempstead, & Jamaica taken into Consideracon.2
The Opinion of ye Justices of ye Peace hereupon, to bee drawn up by To-morrow Morning, & an Order from ye Governor & Councell concerning the sa.me.ff
At a Councell held in ye ffort
Janr.y il^ 1670. Pres*
The Governor. Mr Mayor Mr Steenwijck The Secretar.
» Collateral and Illustrative Documents, No. XXIX.
1 Collateral and Illustrative Documents, No. XXX. The general court of assizes, of October, 1670, had promulgated the following order: " Whereas ye Works & Pallisadoes about the fforte hi this City are very much fallen to decay, & it is found requisite & necessary for ye safety of the place & Governm* that some Reparations shall be made thereupon in the Spring, It is ordered that a Contribution or Levy be raisd towards the effecting thereof hi each of the Rideings upon Long Island; & the Justices of the peace at ye next Court of Sessions are to consider both of the proportion & manner of rateing it, whereof they are to make Report to the Governour." — N. Y. Colonial MSS., vol. 22, p. 107.
».7 ij Executive Council Minutes 69
The Matt? between Rich? Smith & Huntington, Persons coming from Huntington about their Bills of Charges ^ plott & first considered of, declaring not to have received the Copies ian of the Orders sent them.
The Ordr? made hereupon were read. To bee con- sidered of.1
[43] The Inferiour Offic1? & Souldyers Peticon for Lands at Staten Island.2
The first Condicons read, wth ye Petition of 10 or II, who ' had a Reference upon their Peticon from Colt: Ni colls. a
Two Peticons to ye Governor now present read.
Those that are capable to settle, to consider amongst themselves how many of them are soe, & to propose how they will proceed to manure the Land they expect.
The Surveyor to bee consulted w*.h
Seatalcott Busynesse, M.r Lane 3 appeares for them.
Its desired to have Liberty to Purchase for n of them at ye South, for ye Convenience of the Whale-fishing, & for ye Meadow.4
Mr Lane makes Proposall for to have Liberty for himselfe & Mr Woodhull to purchase & settle two ffarmes at the Wading Place.5
1 Collateral and Illustrative Documents, No. XXV.
• Collateral and Illustrative Documents, No. XXXI.
« Daniel Lane.
1 Collateral and Illustrative Documents, No. XXVIII.
8 Collateral and Illustrative Documents, No. XXVIII. At a town meeting, November 17, 1671, it was voted " that there shall be a Village at the Wade- ing River, or there abouts, of Eight famelies or Eight men, to have accom- modations as the place will afford, it was granted and agreed upon by a vote, that Daniel Lane, Junr, shall have a Lotment at the Wadeing River, con- venient to the water for his calling."— Brookhaven Town Records, vol. I, p. 29. On November 23, 1675, the town voted and gave to Richard Wood- hull "a farm at the Waeding [sic] River, that is to say, tenn akers of upland, where is most convenient to sett a house of, and threescore and tenn akers mor of upland, where the said mr. Richard wodhull shall chuse it," etc. This gift was in consideration of an assignment of Indian land through Woodhull to the town. — Ibid, pp. 44-46.
yo Province of New York
To the first Proposall, That it bee granted that they have Liberty to purchase of the Indyans, after which they shall have soe many Acres as is desired, for an Encouragem* of Planting, & the Whale-fishing; Soe that it doe not debarr the Towne from Commonage nor the Meadow each Lott hath [44] at the South.
To ye 2? That they bee Gratifyed therein for their own Accomodacon, & for the Reliefe of Strangers passing that way, they paying for it, & keeping an Ordinary.
A Copie of Huntingtons Bill of Charges against Smith to bee sent to Mr Wells, & hee to returne Answer what is usuall to bee allowed upon such Occasions.1
At a Councell &c: Fort James.
ffebr.y 24*.h 1670. Present
The Governor Mr Mayor Mr Steenwijck The Secretary.
The first Busynesse under Consideracon was the Indyans about Wijckerscreeke.j 2
The Indyans desire that ye Governor would bee well satisfyed, who are the reall Proprietor.s of Wijckerscreeke before hee buyes the Land; They say they are the Men, & will bee ready to sell the Land to the Governor
1 Collateral and Illustrative Documents, No. XXV.
2 A corruption for an Indian place-name of which there are many orthog- raphies, but preferably Wickquaskeck or Weckquaeskeck. It was the name applied to the territorial jurisdiction of a clan of Indians in Westchester County, whose principal village was on the headwaters or tributaries of Armonck or Byram's River. — Ruttenber. Indian Geographical Names, pp. 24-25, in " Proceedings " of New York State Hist. Association, vol. 6; Beau- champ. Aboriginal Place Names of New York. Albany, 1907, p. 256.
[Feb.7Lj Executive Council Minutes 71
[45] The Names of ye Proprietor as they say, are —
present. — Ramaque — Janorockets Bro: by ye Moth1? side./ Pewachtan Cakensickten
Nondiackwhare Pemeckenwerecak Careckonde Nemandamyn
Coharnes Perawescamen
Kewechtahem Shapham Pethung Quinonckak
Macmawito Ermachorne
Amanequun Peppham
IO. Sackapreme. Mawohondt
Tomeackak
Tawotene Nanaquene 13. Chusquchaw *
N: Bene. Taponque an Indyan pres* saith hee hath Land between Neperan 2 & Wickerscreeke.
They are to consult about ye price they demand altogether; It's in the Paper N? I.
The second to bee granted if consented unto by the major part j . of the Inhabitants, It being within the Limitts of the Towne.
1 The great variation of Indian names in the records, due to phonetic repre- sentation, is often appalling. For example, we find above in the minutes " Janorocket; " in Deeds, vol. 3, p. 37, " Jano Rockett; " an Indian deed to Edward Jessup and John Richardson, March 12, 1664/5, m Deeds, vol. 2, pp. 58-59, calls him " Shawnerockett," whilst Bolton. History of the County ofWestchester (1881 edition), vol. 2, p. 361, names him Shanarocke or Shana- rockwell, sagamore of Poningoe. These are by no means the only forms given for this Indian.
'Sawmill Creek, Westchester County. There are many corrupt forms of the Indian name, as Nepera, Neperan, Neperhan, Neppiran, Niperan, etc. See Ruttenber. Indian Geographical Names, p. 23, in " Proceedings " of N. Y. State Hist. Ass'n, vol. 6; Beauchamp. Aboriginal Place Names of New York, p. 249. The name was also applied, as Nepperhaem, to Vander Donck's patent of Colen Donck (Yonkers).
72 Province of New York [rib.71*]
To the 3? That Mr Bridges 1 & his Wife bee forthwith invested in the Estate at Newtowne lately in the tenure of John Cockram, in Satisfaction of the Morgage they have thereupon, Provided That payment bee made of a certaine [46] Summe of Money due by Judgment to John Sharpe
An Ordr j.from tne said Cockram without Interest within ye space of hereupon. ) .
nine Months next ensueing the Date hereof, or by ye end of November.2
An Ordr To ye 4^ That EleazF Leveradge doe pay or cause to bee paid unto Rebeckah Wright from whom hee is divorced the Sume of twenty five pounds in living Cattle to bee apprized by Indifferent Men, or in Corne, Beefe, or Porke at price currant, in lieu of what shee brought to him at their Marriage.^ 3
1 Charles Bridges, who had come over from Canterbury, England, and had taken an active part in the Dutch administrative affairs of Curacoa and New Netherland, even changing his name for a time to Car el van Brugge or ver Brugge. His wife was Sarah Cornell, daughter of Thomas Cornell, of Cornell's Neck. She was the widow of Colonel Thomas Willet when Bridges married her in November, 1647. After the death of Bridges she was married a third time, to John Lawrence, Jr., of Flushing. Bridges and his wife succeeded in a suit against Thomas Pell, at the court of assizes, on September 29, 1665, for possession of the land on Cornell's Neck, from which Thomas Cornell had been driven " by the barbarous violence of the Indians, who Burnt his House and Goods, and destroyed his Cattle." — Innes. New Amsterdam and its People, pp. 194-195; General Entries, vol. i, p. 155; Court of Assizes, vol. 2, pp. 15-18; Collections of N. Y. Hist. Society, 1892, pp. 118-119.
2 Collateral and Illustrative Documents, No. XXXII. John Cockram settled at Newtown, L. I., about 1657. He was licensed in 1667 to marry Elizabeth Sawtell, also of Newtown. This license is entered twice, on January 29th and on February 2d. When his estate was seized for debt, Henry Sawtell, of Newtown, entered a claim against it for oxen which Cockram had sold to Bridges, and " other particulars " in Sawtell's petition were referred to the constable and overseers of Newtown by the court of assizes for report to the governor. The local officials having neglected this duty, Lovelace issued forth another order on the subject, October 18, 1671. — Court of Assizes, vol. 2, pp. 64, 284; Orders, Warrants, Letters, vol. 2, pp. 115, 134, 369; General Entries, vol. 4, p. 54.
* Collateral and Illustrative Documents, No. XVI.
[Feb6724] Executive Council Minutes 73
To ye 6^ ye Towne to pay ye first, & the Countrey Rates An Ordr ye last. — Cap* Seamans.1
To ye 7fc.h About Estienne Gaigneau, That Jacques Guijan An Ord? bring his pretences here, when it shall bee determined.2
To ye Peticon of Peter Stantenburgh,3 Jan Vigne &c:
They are to bring in an Estimate of what that Land first cost them, & make it appeare what they paid, whereupon Consideration will bee had thereof.4
In Answf to ye Peticon of Jacobus and Cornelia Loper,5 It is not thought fitt to [47] unravell into Transactions soe
* Collateral and Illustrative Documents, No. XXXIII. Captain John Sea- man, Sr., came from the eastern end of Long Island to Hempstead, to settle a tract of over twelve thousand acres, at what afterwards became the eastern boundary of the Hempstead purchase. He was chosen a magistrate of the town in December, 1656, and held other posts. His will, dated August 5, 1694, names his wife, Martha. The name of his first wife is uncertain. His second wife was Maria More, daughter of Thomas More, of Southold, and it was she who survived him. — Hempstead Town Records, vol. i, pp. 8, 16; Deeds, vol. 2, p. 173; Collections of N. Y. Historical Society, 1892, pp. 249-251; N. Y. Gen.andBiog. Record, vol. 11, pp. 149, ff.; Onderdonk. Annals of Hempstead, pp. 16, ff. See also Biog. and Gen. Record of Captain John Seaman, by Selah D. Seaman, N. Y., 1881.
'Collateral and Illustrative Documents, No. XXXIV. Jacques Guyon (also spelled Guyen, Guyan) was a planter of Staten Island. His will was proved in December, 1694, and his widow, Sarah Cosier, had letters of admin- istration granted to her. — Collections of N. Y. Historical Society, 1892, pp. 246, 464. See also Clute. Annals of Staten Island, p. 386; Bayles. Hist, of Richmond County, pp. 540-541.
1 Pieter Stoutenburgh, who lived in Broadway above Wall Street, New York City. He had married hi New Amsterdam, Aef je or Afegy van Tien- hoven, on July 25, 1649. He died on March 9, 1698/99. — Stoutenburgh. Oyster Bay, pp. 522, 523; Records of R. D. Church, Marriages, p. 15.
•On July 12, 1670, Petrus Stuyvesant petitioned the court " that he is abridged in the execution of some of his lands from the public fence; " and on February 28, 1670/71, the court appointed Stoutenburgh, Vigne and Jacob Kipp to inspect the matter and decide thereon. — Stoutenburgh. Oyster Bay, p. 523; Records of New Amsterdam, vol. 6, p. 285.
1 It may be this case relates to the claims of Melyn's descendants to Staten Island lands. There was a Jacobus Looper who died in the public service at Albany and whose widow, Neelcye or Cornelia, petitioned, on February 15, 1684, that she might be spared molestation on account of her late husband's debts.— N. Y. Colonial MSS., vol. 31, p. 114.
74 Province of New York [re1?.7*]
long since past, & before these parts were redact to his An Ordr \ Ma*.68 Obedience, for that if their pretences were equit- able, they had time enough to make their Right appeare heretofore.
Delaware to bee respited till Cap^ Carrs Arrivall, In mean time a Lett? to bee written & sent by Peter Rambo.1 A: Wright. Vpon ye Request of Anthony Wright that hee may have Letters of Administration upon the Estate of Samuel Mayo deceased,2 wch can bee found at Oysterbay, hee being a Creditor, & the only person that hath sued for the same, It is Ordered, That hee have forthwith Letters of Adminis- tracon, but withall that hee make his Debt appeare at ye next Co? of Sessions to bee held for that Riding.
By Ordf &c:
^n Orc^ thereupon as followeth —
Vpon a Request from some of ye Inhabit*8 of Gravesend, that there might bee an Endorsm* on their Gen*?1 Patent 3 of
1 Collateral and Illustrative Documents, No. XXXV. Lovelace's letter of November 16, 1670, inviting Carr to visit him at the termination of winter, is in Court of Assizes, vol. 2, pp. 611-612.
'Samuel Mayo and other Englishmen from Sandwich, purchased lands at Oyster Bay from the sachem of the Matinicock Indians. See Deeds, vol. 2, pp. 102-106, 219; Brodhead. History of N. Y., vol. i, p. 595. Anthony Wright's will, dated May 20, 1673 (proved December 8, 1680), mentions his brother, Nicholas Wright. The subject in the council minutes is more par- ticularly given as follows: " Whereas Sam1 Mayo (or Majo) who had some- time an estate in Oyster Bay, did leave a lot of land he had there in the hands of Anthony Wright, as security for a sum of money and is since deceased intestate. And the said Anthony Wright hath made no improvements, although it hath been in his hands severall yearns, as no legal conveyance has been made to him, and he is the only creditor t<~ the deceased hi these parts," therefore, letters of administration were given to him. — Collections of N. Y. Historical Society, 1892, pp. 15, 105, 124.
•Director General Kieft gave a patent, on December 19, 1645, for the bounds of Gravesend, and Governor Nicolls confirmed this patent hi 1667, to Thomas Delavall, James Hubbard, William Bowne, John Tilton and William Goulding as patentees for themselves and their associates. It included the now famous resort of Coney Island as a grazing place. The land formerly in the tenure of Anthony Johnson and Robert Pennoyer formed the western
Executive Council Minutes 75
a certaine parcell of Land heretofore belonging to Robert Pennoyer l & given to the Towne, as appears in their Records, It was not thought fitt that it should bee endorsed upon their Patent, but if it shall bee desired, ye Towne may have a Confirmation thereof apart from the Governor
By Ordr &c:
[48] His Busyness recommended to M.r Coe8 to make Joseph
Report jf it. Thurston.3
That hee have power to Arrest & Attach upon the River.4 Haven
Mastr
boundary of the Gravesend patent. — N. Y. Colonial Manuscripts, vol. 22» p. 33. For the land controversy between Gravesend and New Utrecht see General Entries, vol. i, p. 38.
1 Pennoyer was now settled at Mamaroneck, where he had been appointed as constable by Governor Nicolls, on February 13, 1666-7. His daughter, Elizabeth, and Richard Lownesberry were granted a marriage license hi August, 1670. The dispute over title to Pennoyer's land adjoining Gravesend had been referred to the court of assizes, on September 18, 1666. — Orders, Warrants, Letters, vol. 2, pp. 100, 130; Court of Assizes, vol. 2, pp. 572, 580; General Entries, vol. 4, p. 92. For sketch of him see Bergen. Kings County Settlers, pp. 222-223.
* Robert Coe, of Jamaica. Lovelace had appointed him a justice of peace, on October 28, 1668, in the North Riding of Yorkshire, to represent Jamaica. He had also commissioned him to be high sheriff of Yorkshire for one year, from June 10, 1669, hi succession to William Wells, and reappointed him for another year, on June 18, 1670. — Orders, Warrants, Letters, vol. 2, pp. 272, 432; Caurt of Assizes, vol. 2, p. 554. See sketch in Record of the Coe Family. New York, 1856, pp. 3-5.
'Joseph Thurston, of Jamaica, L. I., married the widow of Thomas Foster, of the same place. Foster had died in 1663, and on August 5, 1671, Thurston and his wife were confirmed as executors of Foster's estate. This is appar- ently the business which Thurston had brought before the council. — Collec- tions of N. Y. Hist. Society, 1892, pp. 19, 24. See also Thurston Genealogies, second edition. Portland, Me., 1892, p. 361.
4 Collateral and Illustrative Documents, No. XXXVII. Philip Johns was haven master of New York City, where he resided. He had been originally commissioned by Governor Nicolls, on April 3, 1665, and was continued in that office under Lovelace. His duties are hi part described in an order of May 27, 1670. They were, to call upon all masters of ships or vessels coming into the port of New York, for whatever letters they brought in, of which he was to make a list and give a copy thereof to Pieter Schafbanke, one of the mayor's officers, who in turn was required to give immediate notice to all
76 Province of New York kijj'aj
An Ordr thereupon as followeth.
It being taken into Consideracon whither properly the Sheriffe of this City hath Power to lay Arrest or Attachmt upon any Person, Goods, or Vessell upon the River or in this Harbo?, & it being not found practized in other parts, It was this day Ordered, That henceforth, that is to say, from & after the Date hereof the Haven Mast?" for the time being having Warrant from the Mayor or in his Absence from the Deputy MayoF of this City, the wch is returnable at the next Court, have only Authority to Arrest or Attach any Person Goods, or Vessells upon the River, or in this Harbour, for the wch hee is to take such moderate ffees as the Court shall adjudge.
. By Order &c:
Vpon ye Request of Cap!' W™ Laurence l of flushing, That hee may have a Patent of his Land where hee lives with an Addition of [49] a piece of Swampy Meadow Ground, lyeing within that Neck lately consented to bee given him by many of the Inhabit*? of the Towne, It is Ordered, That the majof part of ye Inhabitants who have Priveledge to give their Votes, are contented therewth, That the said Cap? Laurence have forthwth a Patent according to his Request.
By Ordr &c:
persons concerned. Johns died intestate and his widow, Mary Hay, was appointed his administratrix, on April 15, 1675. — Deeds, vol. 3, pp. 109-110; Court of Assizes, vol. 2, pp. 434, 538; General Entries, vol. 4, p. 94; Collections of N. Y. Hist. Society, 1892, p. 29; Records of R. D. Church, Marriages, p. 33, showing marriage record of August 28, 1668.
1 Captain William Laurence (also Lawrence hi the records) was a brother of John Laurence, mayor of New York City. On February 15, 1670/1, Richard Cornell, Elias Doughty and others, in all about twenty-four of his neighbors at Flushing, gave their consent that he should have common land on " the neacke of [land] weer hee Hues," it being of " lettell ore noe beneffett toe the inhabettantes," being " lande uncapabell of manewering." This was the land patented to him. — N. Y. Colonial Manuscripts, vol. 22, p. in.
krt.71aj Executive Council Minutes 77
An Ordr as followeth. JMT Charles
WHEREAS Mr Charles Bridges of flushing & Sarah his 1B™iges- Wife have had p'tences upon ye Estate & Land of John Cockram late of Newtowne ats Middleborough, by vertue of a Mortgage thereupon, the wch hath this day been taken into Consideration, It is Ordered, That ye said Charles Bridges & Sarah his Wife bee forthwith invested & putt into possession of ye prmisses, in satisfaction of their Mor- gage, the particulars of wch they are to give Acco* of at ye next Co? of Sessions; Provided likewise that payment bee made out of the said Estate of a certaine Sufne of Money to John Sharpe of this City or his Assignes without Interest, for the wch Judgment hath past in ye Court of Sessions at Gravesend, & that within ye space of 9 m? after y6 Date hereof, the paym* to bee made in good pay by ye Apprizem* of indifferent persons./
By OrdF &c:'
[50] An Ordr as followeth. Capt jno
Vpon ye perusall of two Bills brought in by Cap? John Seamans.
Laurence was fined by the court of assizes, on October i, 1666, ordered to acknowledge his fault before the court and to apologize in town meeting of Flushing " for speaking seditious words against the Government, and also for resisting and Assaulting the Constable, in the Execucon of his Office." He acknowledged his error to the court on December 18, 1666. Laurence was a justice of peace in the North Riding of Yorkshire. He married twice, the second time in March, 1664/5, Elizabeth Smith, oldest daughter of Richard Smith, the patentee of Smithtown, by whom he had seven children. He died intestate in 1680, " leaving a considerable estate," at Tews Neck in Flushing, and otherwise, for which his widow was appointed administratrix, on March 25, 1680. The following year she was married to Governor Philip Carteret, of New Jersey, who died in 1682, and she was married a third time, to Colonel Richard Townley. Laurence's daughter, Elizabeth, and Thomas Stevens, of Newtown, were granted a marriage license, on February i, 1672/3. — Court of Assizes, vol. 2, pp. 84, 94; General Entries, vol. i, pp. 98, 251; Collections of N. Y. Hist. Society, 1892, pp. 66, 108; Pelletreau. Records of the Town of Smithtown, pp. 480-481; Historical Genealogy of the Lawrence Family. New York, 1858, pp. 23-24, 28-30, 135-139. H5. I49-I5I. i55-!56. 1 Collateral and Illustrative Documents, No. XXXII.
78 Province of New York
Seamans, the one for Worke, done by him in ye Month of March 1664, against ye Generall Meeting at Hemp- stead for ye Towne being — itt: i88: oo*. the other by ye late Governo1? Ordr.s about ye Race-Posts — being —
19';
It is Ordered, That the Towne doe make Satisfaction to him for the first Summe, & that hee bee allowed ye latter out of ye Countrey Rates./
By Ordr &c: 1
Capt sil- 1 An Ordr
bury ^j The Peticon of Cap* Silvestr Salisbury being taken into Consideration, In the latter Clause whereof hee desires a Hearing before ye Governor & Councell concerning a certaine difference between him & ffredrick Gijsberts,2 It is Orderd, That his Attorney doe appeare at ye next Meeting of the Councell; & that likewise Notice bee given to ffredrick Gijsbert that hee attend at the same time when both Partyes shall bee heard.
By Ordr &c: Mr Mayof 3 to consider of ye ffence.^
[51] At a Councell held at ffort James ye S^ Mar: 1670. Pres*
The Governar Mr Mayor Mr Steenwijck. The Secretary.
1 Collateral and Illustrative Documents, No. XXXIII. The work performed by him in March, 1664, was evidently in connection with the boundary claims of Hempstead, for which see Deeds, vol. 2, pp. 3, 5.
• Collateral and Illustrative Documents, No. XXXVIII.
» Thomas Delavall was then mayor of New York City.
[iiJE's] Executive Council Minutes 79
The Matt1? under Consideration.
Mr Doughty, on y6 behalfe of ye Ordr of ye last Councell concerning ye Estate of John Cockram to bee made over to Mr Bridges & his Wife; Mr Elyas Doughty having bought their Interest desires an Explanation of the latter end of the Order.
Mr Doughty is to bee invested as Charles Bridges, per- forming ye same Conditions by an Order.1
Mr Heggemans Businesse taken into Consideration; It's about Money borrowed to build the Domine's House at Breuklyn; Mr Heggemans then Schout.2
It is Ordered, That an Acco* bee given of the Charge of the Building; Whereupon those that are behinde in pay- ment of their proportion shall bee obliged by an Ordr to [52] make Satisfaction thereof; The Constable & Over- seers to receive Ordr about it.3 a
About Jan Vigne & Peter Stoutenbergh's Busyness of their Land by the Water-Port, That their Title doe remaine good to ye Land, & the Ground where the Wall & {Fortifications was to bee to remaine at present as it is.ff
Huntington Businesse to bee respited, & that also the
' Collateral and Illustrative Documents, No. XXXII.
1 Adrian Heggeman, who resided at Flatbush, succeeded Pieter Tonneman as schout of Brooklyn in 1660. Lovelace commissioned him, on April 15, 1670, as vendue master of the five Dutch towns on Long Island, and he had been " heretofore imployed in that affayre by ye neighbourhood " where he lived, namely Flatbush. He was authorized " to Expose to publique Sale any Lands houses or goods w°h are to be sould wthin ye Townes aforesaid." He was succeeded as vendue master, on March 17, 1672/3, by Jacques Cortel- you, of New Utrecht. — Brodhead. Hist, of N. Y.t vol. i, p. 580; Court of Assizes, vol. 2, p. 508; General Entries, vol. 4, pp. 100, 270. For a sketch see Bergen. Kings County Settlers, p. 135; Aiken. The Hegeman Family ', in "Araer. Hist. Mag.," vol. i (1906), pp. 170, ff.
'Collateral and Illustrative Documents, No. XXXIX. See also on the j minister's house in Stiles. Hist, of the City oj Brooklyn, vol. i (1867), pp. 160-161.
8o Province of New York [M£XS]
Bond bee examined into by M? Mayo1,1 MT Nicolls, & M. Bedloo at their goeing downe.2
West Indya Company Businesse to bee respited untill farther Ordr* 3
The Matter considered about Transports con of Corne, upon ye Examinacon of ye Bakers what Corne there is in ye City;
An Order to bee made that noe Wheate in Grayne bee Transported, but in fflowre, Bread, or Bisquett for this ensueing yeare.4
About noe Strang1? Sloopes being permitted to goe up ye River to Albany;
That the former OrdT bee revived & stand in fforce.5
About ye Lett1;5 from Southton & Southold excusing or refusing to take out their Patents to bee left to farther Consideration.6
1 Thomas Delavall.
* Collateral and Illustrative Documents, No. XXV.
» Collateral and Illustrative Documents, No. XL.
4 Collateral and Illustrative Documents, No. XU; Records of New Amster- dam, vol. 6, p. 287. Notwithstanding this prohibition, passes were issued during April and May, 1671, to certain persons to send their wheat to the mill at Milford, Conn., for convenience of having it sooner ground, " provided the flour and meal be brought back to New York." — Court of Assizes, vol. 2, pp. 669, 670, 692. For orders prohibiting transport in 1666 and 1667, and prices of corn or wheat hi New York in 1668, see Orders, Warrants, Letters, vol. 2, pp. 30, 78, 157, 306, 327.
8 Collateral and Illustrative Documents, No. XUL
•Collateral and Illustrative Documents, No. XUII. All the towns of Long Island were required by the law of 1665 to renew and have confirmed all their grants, patents or deeds of purchase. The towns of Southampton, Southold and Oyster Bay resisted and refused to comply with the law. The demand was renewed by an order of the court of assizes in 1666 and, in the mean time, their titles were declared to be " invalid as by Law." But they continued to procrastinate and, in October, 1670, the court of assizes ordered them anew to conform, notwithstanding these towns had " upon some j Nicetyes or prtences " hitherto delayed to take out new patents. As late I as November, 1674, the people of Southold, in town meeting assembled, unanimously declared their attachment to the colony of Connecticut and desired " to use all good and lawfull meanes so to continue." This pertinacious
Executive Council Minutes 81
[53] At a Councell held at ffort
James y6 27*.* March 1671. Present
The Governo-1" Mf Mayor Mf Steenwijck The Secretary.
The Matter under Consideracon was somewhat from Mr Jeremias Van Renslaer,1 & Cap* Philip Pieters Schuijler of Albany concerning ye Excize 2 & ffortifications there; And some thing from the Commissaryes about Aqueppo 3 the Indyans Death, to cleare which that the Maques had noe hand in it, they gave a Band of Seawant to Cap* Salisbury,4 to bee sent to his ffriends, hee hath sent it to ye Governor, wch was produced, It being about 16 Guilders.*
About ye ffortificacons of ye Towne & Forte they doe not dissent from what was proposed by them & engaged the last Summer.*
About ye Tax for ye Ministf 5 &c: & other Offic1? of the
resistance to the authority and jurisdiction of New York determined the court of assizes, in October, 1676, to issue a peremptory order, involving forfeiture of lands. — N. Y. Colonial MSS., vol. 22, pp. 107, 136; Southold Town Records, vol. i, pp. 374-375; Records of Southampton, vol. 2, pp. 65-66, 357-358.
1 Jeremias Van Rensselaer had been commissioned, on September 23, 1670, as " Capt° of a Troope of Horse, listed or to bee listed within the Limit ts or precincts of Albany, Renzlaerswijcke Schanecktade & parts adjacent, as a Troope of Volunteers." — N. Y. Colonial MSS., vol. 22, p. 105. See sketch in Van Rensselaer Bowier Manuscripts, p. 846.
* Collateral and Illustrative Documents, No. XLVI.
' Variously spelled, as Aquepo, Aqueppo, Acquipoor, etc.
4 Sylvester Salisbury.
•Gideon Schaats or Schaets was minister of the Dutch congregation at Rensselaerswyck and Albany from 1652 till 1694, when he died. From 1683 he was assisted in his ministry by Godfreidus Dellius. — Cf. O'Callaghan. Hist, of New Netherland, vol. 2, pp. 567-568.
[6]
82 Province of New York
Towne, for wch they are already Indebted over & above what ye Burgers Excize doth yield.
They propose that ye Magistrates alone may have Liberty to sell Strong Drink & Liquo™ to ye Indyans &c: or to have halfe ye Tappers Excize to defr[ay] that Charge.
[54] For ye Engrossing of ye Sale of Strong Liquo1?, Its not thought to bee practicable.^
As to the next Proposall, It's thought fitt to recommend it to the Persons entrusted from the Towne of Albany, to deliver in an Estimate of the Townes Debts for their Officers, what Offic1? there are, & their Salaryes.
As also what their Incomes are by Taxes or otherwise; As Burgers Excize &c:
What ye Tappers Excize is generally ffarm'd at.
The Reason why they desire Reliefe, is That Renslaers- wijck did heretofore pay the halfe to the Ministr &c: & now paying 300 Scheples per Annum to ye Governor, they are excused from that, to [sic] what they paid before is wanting.
The Charge yearely of ye Towne of Albany to the Officr.s is
Beavr.s
To yc Ministr 125 — at f 30 ye Beav?
To ye Secretar.y — 600 guild1? Seaw^
To ye Bode 300 guild1? Zeaw*
To y6 Reader 400 guild1? Zeaw?
125 Beavr.s f 1300 — Seawant.
At length upon further Proposall &c: It was O[r]dered, That y6 Commissaryes at Albany upon [55] the Expiracon of this yeares Packt of ye Grand Excize, there, shall for ye yeare ensueing wch is to beginn on y6 10^ day of July next have the said Packt or Grand Excize upon the same Terme
US? a?] Executive Council Minutes 83
as it hath been Lett this yeare, with Liberty alone to sell Liquo1".3 or Strong Drink to the Indyans, & that none shall have Licence soe to doe without their Approbacon & Con- sent. In Consideracon whereof, they are to pay all Offic" belonging to them, & to bee accomptable for ye Overplus to the Governor, the which shall bee employed for the Pub- lick Benefitt of these parts.
To bee accomptable for y6 Small Packt likewise./
This Ordr made about it.
WHEREAS ye Commissaryes of Albany, Renslaers-Wijck, & Schanechtide have by Cap? Jeremias Van Renslaer, & Cap* Philip Pieters Schuijler requested mee that they may ffarme y6 Tappers Packt or Great Excise, & may alone have Liberty to sell Liquo1? or Strong Drink to the Indyans,1 there being great Abuses committed while every one takes that Liberty upon them; the which they propose to Regulate ffor an Encouragement to the said Commissaryes, who have shewed themselves very forward in contributing to the Publick Worke of ffortifying that Towne and ffort, I have by and wth the Advice of my Councell thought fitt to grant their Request, & doe therefore hereby Ordr, That after the Expiration of this prsent yeares [56] Packt or ffarme of ye Great Excize wch will end upon the 10^ day of July next, ye Commissaryes for the time being shall for ye yeare en- sueing, that is to say, from the lo1.11 day of July 1671 to ye 10^ day of July 1672. hold the said Packt upon the same Termes & Condicons as it hath been lett at this yeare, & shall also have Liberty to sell Liquors or Strong Drink to the Indyans, & that none shall have Licence soe to doe without Approbation & Consent of my selfe & them; The
1 For a letter of Lovelace, dated November 12, 1668, in regard to the excise and selling of liquor to Indians, see Orders, Warrants, Letters, vol. 2, p. 281; and for another about the tappers excise, of July 22, 1669, see ibid, P- 475-
84 Province of New York [A;r67is]
said Commissaryes paying out of the Burghers Excize, & ye Benefitt accrewing hereby all Publick Officr.s, and like- wise that they bee accomptable for ye Overplus (if any shall happen to bee) to the Governor, the which shall bee kept in Banck untill it bee disposed for the Publick Benefitt of those parts. Given under my hand at ffort James in New Yorke this 29^ day of March 1671.
[57] At a Councell held in the
ffort. Apr: 15. 1671. Pres*
The Governo' Mr Mayor Mr Steenwijck The Secretary.
This day a Report was made by M^ Mayo? & ye other Commission1:8 of their Proceedings at the East end of Long Island; ye which was well approved of, soe ye Commission was Cancelled.1
The Proceedings Ordered to bee Recorded.
Delaware Busynesse taken into Consideracon; Cap? Carr being present.2
About ye Murdr committed by ye Indyans.3
About selling Strong Drink to ye Indyans.
About ye Murderers, they are known, but for the present not thought convenient to prosecute to the utmost.
Cap? Carr relates of ye desire of many ffamilyes to come & settle below New Castle at Apoquimenys 4 & Bombeij's Hooke; 5 To bee considered of./
» Collateral and Illustrative Documents, No. XLIII. 2 Collateral and Illustrative Documents, No. XXXV. 8 Compare Collateral and Illustrative Documents, Nos. XXXV and UV. 4 Appoquinimink Creek, Delaware. The name has many variations in the early records.
6 Bombay Hook, Delaware, a corruption from Boomtje's Hook.
Executive Council Minutes 85
The most Eminent amongst them are one Mr Jones,1 Mr Wharton,2 Mr Whale./ 3
A Lettf is Ordered to bee written to treat with some of them about their Settlement.4
[58] At a Councell held in ye ffort.
Aprill 26^ 1671. Present
The Governor
%
Mr Mayor Mr Steenwijck The Secretary.
The Mattr under Consideration is the Busynesse of Staten Island; * The Inhabitants prferr a Peticon by ye hands of Thomas
1 Robert Jones, whose wife, Elizabeth, obtained a pass, in November, 1671, " to goe to Virginia to her husband in Mr Quidleys Vessell." — AT. Y. Colonial MSS., vol. 20, p. 23; General Entries, vol. 4, p. 72. For his landholdings 4 in Delaware see Original Land Titles in Delaware commonly known as the Duke of York Record, pp. 143, 144, 149, 150.
•Captain Walter Wharton. Lovelace appointed him, on June 17, 1671, " Surveyor Gentt in Delaware River, that is to say of ye Westerne side of y6 said River now under his Royall Highness Governm* & Protection," to " measure or lay out Lands or Lotts of Ground in Delaware River, w0*1 shall at any time be ordered by mee, As also for any private person there under his R: Hs his Protection, who shall employ him." He was also com- missioned, on April 9, 1672, a justice of peace at Apoqueminis and places adjacent in Delaware Bay. Wharton died interstate, and is called "of New Castle, in Delaware." Upon the request of his wife, Mary, Captain Edmond Cantwell was appointed administrator, November 10, 1679. — Court of Assizes, vol. 2, p. 721; N. Y. Colonial MSS., vol. 20, p. 31; Collec- tions of N. Y. Hist. Society, 1892, p. 62.
1 George Whale, sometimes given as Wale in the records. — N. Y. Colonial MSS., vol. 20, pp. 16, 23. On his Delaware lands see Original Land Titles in Delaware, pp. 128, 148, 149.
« Collateral and Illustrative Documents, No. XXXV.
• Collateral and Illustrative Documents, No. XXXI.
86 Province of New York
Carle 1 & Nathan Whitmore 2 chosen by ye major part of the Plantation to attend the Governo?
The first part of ye Peticon discourst of only, but to bee farther Considered.
The second part is granted.
The third to bee left unresolved untill the Surveyor Gena.u 3 bee consulted wth, but supposed they may have it.
The 4t.h to bee considered of w*.h ye first.
The 5l.h & last to bee left till To-morrow Morning, when the Surveyor Gena.n is to bee here.
An Ordr writt to him under ye Governor hand, That hee bee here To-morrow, before Noone, & sent by Gideon Marlette.4
About ye Election of Commissaryes at Kingston in Esopus.5
To bee left till Mr Mayor.s goeing up./*
[59] A Commission to bee drawn for Cap* Chambers to bee Justice of ye Peace at the Esopus over the three Townes, not to infringe ye Libertyes or Priveledges of Schout & Commissaryes. a 7
The keeping of ye Co^s at Marbleton and Hurley to bee -taken into Consideration also by M? Mayo? who is to returne an Ace* thereof at his Returne.8
1 Apparently Captain Thomas Carle, of Hempstead, L. I., who died intes- tate, and whose widow, Sarah, daughter of James Halstead, requested letters of administration, which were granted on March 25, 1676/7. — Collections of N. Y. Hist. Society, 1892, pp. 34-35.
* He was one of the commissioners appointed by Lovelace, February 16, 1669/70, to treat with the Indians as to purchase of Staten Island lands. — Court of Assizes, vol. 2, p. 469.
* Jacques Cortelyou.
4 Gideon Marlett or Marlette was a constable at Staten Island. — Collections of N. Y. Hist. Society, 1892, p. 24.
5 Collateral and Illustrative Documents, No. XLIV.
6 Thomas Delavall.
7 Collateral and Illustrative Documents, No. XLIV.
* Ibid.
Executive Council Minutes 87
At a Councell held in ye Fort
Apr: 27fc.h 1671. Present
The Governo? M* Mayo? M? Steenwijck The Secretary.
That 2 Lotts bee continued upon the Hills, one Lott to bee layd out upon the Neck of Land by M? Stillwell,1 & one by Nathaniell Brittaines.2
That a convenient High-way bee left for Drift of Cattle s &c: towards ye Bridge, & the Great Kill, the rest to bee Enclosed for the New Lotts to bee added to the Old Towne.
[60] The last Clause to bee more fully Answered when the
1 Nicholas Stillwell had been commissioned as constable of Staten Island, on September 7, 1667. His son, Richard, was " acquainted w^ y6 Language & customes of ye Indians " and was appointed president of a commission created by Lovelace, on February 16, 1669/70, to treat with the Indians on Staten Island for its purchase. — Orders, Warrants, Letters, vol. 2, p. 186; Court of Assizes, vol. 2, p. 469. See personal data in Stilwell, Benjamin M. Early Memoirs of the Stilwell Family, comprising the Life and Times of Nicholas Stilwell (New York, 1878); Stillwell, William H. Notes on the Descendants of Nicholas Stillwell (New York, 1883); Bergen. Kings County Settlers, pp. 277-278; Collections of N. Y. Hist. Society, 1892, p. 24.
1 Nathaniel Brittain, son-in-law of Nicholas Stillwell, whose oldest daughter, Anne, he had married. He was one of the commissioners appointed by Lovelace, February 16, 1669/70, to treat with the Indians for the purchase of Staten Island. — Court of Assizes, vol. 2, p. 469. For sketch see Bergen. Kings County Settlers, p. 50; Early Memoirs of the Stilwell Family, p. 278.
3 Notice was given by an order of February 24, 1672/3, " that there shall bee a Drift of all Horses & Cattle upon Staten Island," and all persons pos- sessed of any there were desired " to appeare or send some person to the Towne of Dover to take notice of their respective Horses or Cattle to the end they may bee viewed and marked according to the Lawes in such Cases provided." — General Entries, vol. 4, p. 264. Dover was the home of Still- well and Brittain, situate immediately below the Narrows, near the later Fort Tompkins.
Province of New York
Surveyo? Gena.n * shall have layd out the utmost Limitts & Bounds of the Towne.
The first Clause is graunted to make up a Supply to the rest of the Towne.2
At a Councell held in ye Fort
May iW 1671. Present.
The Governo? Mr Mayof Mr Steenwijck The Secretary
The first Busyness taken into Consideracon was the Affayres of Esopus; 3 In particular, ye Report of Mr Mayor, about Settlement of Affayres at the New Townes given in Writing.^
It is Ordered, That those Ord? about ye Townes bee of fforce untill any Inconvenience doe appeare therein, or further Order.
The Commissaryes chosen out of the 4. by Mr Mayo^ & Cap1 Lovelace 4 to bee Confirmed, jy
Cap* Criegers 5 Busynesse about ye Whorekill.8
1 Jacques Cortelyou.
* Collateral and Illustrative Documents, No. XXXI.
* Collateral and Illustrative Documents, No. XLIV.
4 Captain Dudley Lovelace, a brother of Governor Lovelace.
'Captain Martin Cregier, Creiger, Crieger, Kregier, and otherwise in the records. He had been one of the burgomasters, appointed by Stuyvesant in 1653. In February, 1670, Lovelace appointed him collector of the customs at the Whorekill, an office soon thereafter abolished. He was commissioned captain of a company of foot in New York City, July 13, 1670, and was com- missioned to command a third company of foot in New York City, when the military arrangements were made, in February, 1672, for the defense of the city.— Brodhead. Hist, of N. Y., vol. i, p. 548; vol. 2, pp. 166, 184; Court of Assizes, vol. 2, pp. 475, 611; N. Y. Colonial MSS., vol. 22, p. 106; General Entries, vol. 4, pp. 105, 128.
* Collateral and Illustrative Documents, No. XLV.
[M^IS] Executive Council Minutes 89
The Purchase of ye Whorekill by ye Dutch to bee Recorded.
[61] About ye Mill-Stones there, to bee as they desire.1
A Lyst of ye Inhabitants.
A Relation from thence of ye Losse of Jan de Capres Sloope,2 that the Sloope was cast away, & the Men drowned, not destroyed by the Indyans.
An Examinacon made at ye Whore-Kill by Cap* Crieger, and ye Answer upon it.
Together wth 3 Papers brought by Cap* Carr concerning it.
The Relation about Jan De Capres Sloope being taken into Consideration, as it is sett forth in the Papers by Cap* Crieger produc't, In regard of ye Vncertainty of y6 manner of that Disaster, & where certainly it befell, whither in these his Roy all Highness Dominions or in Maryland. However It is Ordered, that a Letter bee sent to ye Governor of Mary- Land 3 to know what their Opinion is hereupon; but for some time to suspend the sending it, some persons being expected from thence suddenly who may give farther light herein.
The other MattrB from ye Whore-Kill well approv'd of.
About Albany Busynesse.
What was done by ye Mayor 4 & Cap!1 Lovelace 5 with the
* Ibid.
1 Collateral and Illustrative Documents, No. XLV. Jan de Kaper, also called in the records John de Caper, the Caper, de Capres, apparently belonged to Maspeth Kills, where he had been ordered by Governor Nicolls, on July 5, 1665, to establish his title to a parcel " of ffly-Land, lying in that Creeke." On a return voyage to New York, in 1665, he was subjected to insolences by some Indians who forcibly searched his sloop. He seems to have carried on a traffic between New York and points as far as Virginia. It was during one of these voyages, in 1670, that his sloop, the " Jonge Prins " or " Prince of Orange," was shipwrecked and plundered in an inlet of Delaware Bay. — General Entries, vol. i, p. 136; Orders, Warrants, Letters, vol. 2, pp. 4, 349.
1 Collateral and Illustrative Documents, No. XLV. Charles Calvert was then governor of Maryland.
4 Thomas Delavall.
' Captain David Lovelace.
90 Province of New York tu^'s]
Commissaryes, about the late Order of ye Comissaryes farming the Tappers Excize; with their Reasons pro & Con: — 1
[62] Together w*.*1 an OrdF made by ye Commissaryes wth Consent of the Inhabitants, after mature Deliberation, It is Ordered, That what was done by them at that time bee confirmed.^
About ye Nomination of a Lievten* here in the place of Goovert Loockermans,2 Mr Beeckman 3 & Stoffell Hooge- landt 4 proposed.
Mr Beeckman to have a Commission.
A Proposall being made of raising a Troope of Horse in this City and Island being made by the Governor, the farther Consideration thereof is respited untill some further time.5
That there bee three Persons nominated by the Troope of
» Collateral and Illustrative Documents, No. XLVI.
» Covert Loockermans, of New York City. He received his certificate of denization, December 19, 1664; owned also a farm at Maspeth Kills; was commissioned by Lovelace, on July 13, 1670, lieutenant of the company of foot, of which Martin Creiger was captain, and died intestate in 1671, leaving an estate which was for a long time unsettled. — General Entries, vol. i, p. 52; Court of Assizes, vol. 2, p. 482; N. Y. Colonial MSS., vol. 22, p. 106; Collections of N. Y. Hist. Society, 1892, pp. 48, 60, 190, 194, 195, 204, 282. See also personal data and genealogy in TV. Y. Geneal. and Biog. Record, vol. 8, pp. 13-15; Innes. New Amsterdam and its People, pp. 235-249; Bergen. Kings County Settlers, p. 189; D wight, B. W. History of the Descendants of John Dwight, vol. i, p. 207; Records of New Amsterdam, vol. 6, p. 299.
• William Beeckman. See genealogy in TV. Y. Geneal. and Biog. Record, vol. 19, pp. 42-43; and a less accurate sketch in Beekman. History of Part of the Beekman Family. Babylon, I,. I., 1885.
4 Christoffell or Christopher Hoogelandt, of New York City, who had been appointed an alderman by Governor Nicolls, on August 14, 1668, for one year, being superseded before the expiration of his term on account of the vacancy created by his making a journey to Holland. He married Catharina Creiger, or Cregier, on June 23, 1661. — Orders, Warrants, Letters, vol. 2, pp. 227, 430; Court of Assizes, vol. 2, p. 409; Collections of N. Y. Hist. Society, 1892, p. 142; Bergen. Kings County Settlers, p. 145. For a sketch see History and Genealogy of tfte Hoagland Family in America. [New York, 1891], pp.
1 Collateral and Illustrative Documents, No. LXIV.
Executive Council Minutes 91
Horse in the North & West End of Long Island for Cap1.11, two for Lievten.% & two for Cornett, out of either of which their Names being returned, the Governor will Nominate one.1 The Petition about ye Prohibition of Corne to bee taken into Consideration at ye next Co1? of Sessions, who are to have Notice of ye same, & to give their Opinions of the Likelyhood of ye Plenty or Scarcity of Corne for ye ensueing yeare; And the Court of Mayo-r & Aldermen in the meane time are to examine how the Stock of Corne in Store is like to hold out this present yeare, & to make Report thereof unto the Governor and Councell.f 2
[63] At a Councell held at ffbrt
James ye 14^ June 1671. Present
The GovernoT MT. MayoT M^ Steenwijck The Secretary.
The Busynesse under Consideracon are the Matters at New Castle and the Whore-Kill.3
About New Castle, It was Ordered, That noe person in Delaware bee permitted to distill there, but such as give in their Names to the Officers at New Castle, & from them to receive Licences; And that they pay one guilder Seaw* p Cann for all that they shall distill, wch shall goe towards the Reparation of ye New Block-House or ffbrt.
About ye Whore-Kill, It was Ordered That what is past & granted there, bee confirm* d upon the same Conditions as the rest of ye Land, with this Provisoe, That each Planter
1 Collateral and Illustrative Documents, No. XLVII. 1 Collateral and Illustrative Documents, No. XIJ. » Collateral and Illustrative Documents, No. XLVIII.
92 Province of New York
bee Obliged to settle upon the Land, & that each Person bee enjoyned to settle a House in a Towne to bee appointed neare them.
The 12^ to bee referred to ye same Consideracon with the distilling.
[64] At a Councell held in ye
Fort ye 21^ June 1671. Pres.c
The Governor M? Steenwijck The Secretary.
The Matt' first under Consideracon, is the Busynesse of Delaware, about granting Patents there.
Cap* Carr declares that Governor Nicolls gave ye Officr? Ord? to make Grants of Land to those that would Plant there,1 which being remitted to ye Governor, hee was pleas' d to give Patents for them.
The Signing of Patents for those Parts concluded on.
An OrdT also relating the Grant to M? Mills,2 the wch is to extend only to ye Whorekill Lands, though men coned Parts adjacent, on ye South-side of the Whore Kills. n 3
1 The reference is no doubt to the instructions of Governor Nicolls to Sir Robert Carr for taking Delaware Bay and settling people there in 1664. — General Entries, vol. i, p. 58.
* James Mills. He sold his house and land at Huntington, L. I., to George Wood, and, as some difficulties arose over the sale, he made a further acknowl- edgment, on December 30, 1670. He contracted with Charles Glover, of Southold, for a ship to be called " Nathaniell," but Glover was derelict in fulfilling his contract and kept the ship on the stocks for more than a year beyond the time agreed for launching her. Mills brought suit against Glover at the court of assizes, October, 1671. In this year Mills was also involved in litigations with Cornelis Steenwyck. — Deeds, vol. 3, pp. 132-133; General Entries, vol. 4, pp. 31, 65. Records of New Amsterdam, vol. 6, pp. 312, 322, 326, 330-33I. 336, 345. On his proposed plantation at the Whorekill see also Original Land Titles in Delaware commonly known as the Duke of York Record, pp 25, 47.
» Collateral and Illustrative Documents, No. XLIX.
[ju'ne'as] Executive Council Minutes 93
MT. Paine 1 & M^ Terry 2 about Matinicock Busyness.3 An Ord? to issue forth, that some of the Matinicock Indyans doe come here on Munday next, particularizing there being formerly an Appointing when they came without Notice, & went away without speaking or doeing any [65] thing in their Busyness. An Ord^ hereupon to referr to — quaere &c:4
At a Councell held in y^ fforty'aS1* June 1671. Present
The Governor MT. Steenwijck The Secretary.
The Matt? under Consideracon was the Business of Nantuckett; two Persons being sent from thence hither.5
They produce Writings to make good their Clayme & Title in Obedience to an OrdT issued forth last yeare,6 & tender some Proposalls in Writing, Vpon wch Severall Ord?5 were made & Establisht for their Government, which are upon Record.7
To referr to which, search ye Booke Indyan Purchases.
1 John Paine.
• Thomas Terry.
•Collateral and Illustrative Documents, No. L. •Ibid.
• They were Tristram Coffin and Thomas Macy.
• Collateral and Illustrative Documents, No. XVIII. ''Ibid.
•Ibid.
94 Province of New York Iji2xaj
At a Councell &c: June 29^ 1671.
Before-noone.f Pres*
The Governor
Mr Steenwijck The Secretary.
Mr Coffin * is by Consent nominated ye Chiefe Magis- trate at Nantuckett from ye Date hereof untill ye 23? day of November, which shall bee in the year of our Lord 1672. & accordingly had his Commission.2
[66] After-noone.
Thursday June 29^ 1671. Present
The Governor Mr Steenwijck The Aldermen. The Comnrs &c: Mr Tho: Lovelace Mr Van Ruijven. Cap? Manning
The Difference between ye Lutherans was heard.3
1 Tristram Coffin. For his biography and descendants see Coffin, Allen. The Coffin Family. Life of Tristram Coffin, of Nantucket, Mass,, founder of the Family Line in America. Nantucket, 1881. Coffin was succeeded as chief magistrate of Nantucket and Tuckanucket by Richard Gardner, on April 15, 1673. — Deeds, vol. 3, p. 87.
» Collateral and Illustrative Documents, No. XVIII.
» Collateral and Illustrative Documents, No. LI. Rev. Jacobus Fabricius, or Fabritius, came over from Germany and received permission to exercise his ecclesiastical office in an orderly manner. He first ministered to the Lutherans of Albany, being the first pastor of that denomination there, but was suspended by Governor Lovelace, on May 28, 1668, on account of his controversies with the magistrates and the Dutch congregation, with whom he would not be reconciled, even through the mediation of friends. On Feb- ruary 20, 1668/9, Lovelace granted him permission to be pastor of the Lutheran
Executive Council Minutes 95
It was occasioned by a Peticon from Wiltem Hendricks l Baker & others against ye Magistr
The Proceeding? of yc Commission1? were first read, grounded upon a Petition prsented by the Magister to ye Governour, who appointed Commissioners.
There was an Attestacon read of Jacob Youngs, wherein hee declares that the Hamburgher & the Hatter refused to Obey ye Commission.
congregation in New York City, provided he gave " no trouble or molesta- tion to oth1? differing in Judgm^from him," and on the 2jth of that month his oath of allegiance was certified. Before long he got into a quarrel with his New York congregation over the building of their church, which is the case referred to in the council minutes. On April 13, 1670, he was given a pass to go to Newcastle, Del., accompanied by his wife, Annetje Cornells, the widow of Lucas Dircks van Bergh, to look after a suit over a house and lot at Newcastle, which had been sold by his wife's former husband to Reynier van Eyst. His breach with the New York congregation led to bis removal to Delaware, where he preached in Newcastle and Wicaca, and also got into trouble. For performing a marriage cermony in New York, irregularly and without authority, in 1674, he was suspended from the ministry for one year. His fractious temper led to an estrangement with his wife, who com- plained of his cruelties to the court of schout, burgomasters and schepens of New Orange (New York City), on February 24, 1674, averring that she was suffering from the quartan-ague, " having been obliged the whole winter to sleep in the garret under the roof of the house, which truly is a very hard thing to happen to an old woman and all this for a drunken and constant prophaner of God's name, a ci-devant Lutheran preacher, named, as he says Jacobus Fabritius, her married but unfaithful husband, who has driven her out [of] her own house and chamber, which she intended for her son " by her former marriage. On June 8th she was granted a separation, but on July nth Fabricius came by force into his wife's house, carrying a chest, and got into a quarrel with the schout, resisted the soldiers and raised a general rumpus when an attempt was made to remove him from the premises. He was fined heavily; ordered to remain away from his wife, and to ask the pardon of the court " for the insults and injuries committed against it at divers times, although he deserved to be more severely punished." — Orders, Warrants, Letters, vol. 2, pp. 335, 342, 394, 423; Court of Assizes, vol. 2, pp. 424» 5°i-5°4; General Entries, vol. i, p. 71; Records of New Amsterdam, vol. 7, pp. 60, 94, 107; Brodhead. Hist, of N. Y., vol. 2, pp. 159, 174, 255; Memoirs of Hist. Soc. of Penn., vol. 7 (1860), p. 191; New York Colonial Documents, vol. 2, pp. 693, 706.
1 His name was Hendrick Willernsen, a baker by trade, and hence often Called " Hendrick the Baker."
96 Province of New York
The Note of Subscriptions for ye paym* of the House for their Church is produced.
The MagistT putts in an Answer to ye Peticon against him.
It's the Governor.s Opinion, That those that have Sub- scribed to ye Payment for ye Church-House, should pay their Proportions, & likewise that they pay his Salary to ye time of their Dissenting, or soe many as doe dissent.//
It's Ordered that the Complainants have time to make good their Charge, & the Magister to make his Answer till Thursday next Afternoone, when they are to give their Attendance./
[67] At a Councell held at ffort James July 6^ 1671. Present
The Governed M? Steenwijck Mf Secretary
The Businesse under Consideracon was Mf Mayhews Affayre about Martins Vineyard &c: 1
His Peticon & Proposalls read.
To ye first part of ye Peticon, It's granted that the Townes Seated there shall have Patents of Confirmation as other Townes, & particularly as their Neighbor of Nantuckett have. Quaere. To ye next part to know what Land hee hath purchased,
& of whom, & how it doth appeare, & what remaines unpurchased.
Noe-Mans Land already disposed of, but to bee enquired into.2
» Collateral and Illustrative Documents, No. XVIII.
* Collateral and Illustrative Documents, No. LII. The Isle of Man alias No Mans Land, located southwest of Martha's Vineyard. It was first granted, August 3, 1666, to William Reeves, Tristram Dodge, John Williams, and William Nightingale, but the stipulations in the grant havmg been forfeited,
[j'jjj'y] Executive Council Minutes 97
Three Papers to bee Recorded,1 viz.1 ye two from James fforrett,2 (ye L? Sterlings 3 Agent) & one from Richard Vines Sr fferdinando Gorges Agent.
M.r Mayhew4 to bring in To morrow Morning what hee hath bought at Martins Vineyard, for which hee is to have a Patent. 5
The Clause of Priveledges to bee invested in ye Patent.
[68] At a Councell &c: July 7* 1671.
About Mr Mayhews Proposalls6 concerning ye Governm* That for ending of Causes to ye Sume of 51? It is granted that Mr Mayhew (who for his Lifetime is to bee Governo? there) wth two Assistants to bee chosen by ye two Townes, shall hold a Court, where one Agreeing with ye Governor shall carry the Case; but in case of Non-Agreem* to bee referred to their Generall Court; which is to consist as in their Instructions to Nantuckett.
The Sume Definitive at ye Gen3?1 Court is to bee for 50? for this yeare.f
The Co? is first to bee held at Martins Vineyard./ M? Mayhew is to bee Governor over ye Indians upon Martins Vineyard.
The Acknowledging by Quit-Rent for both the Townes & himselfe to bee Agreed upon.i
the grant was renewed to John Williams and others, on June 23, 1670, and February 23, 1674. In these patents it was called the Isle of Wight. — Hough. Nantucket Papers, p. 32 (note).
» Collateral and Illustrative Documents, No. XVIII.
• James Forret, Gent.
• William Alexander, Earl of Stirling. * Thomas Mayhew, Sr.
• Collateral and Illustrative Documents, No. XVIII. See also Hine. The Story of Martha's Vineyard. New York, [1908], p. 6.
• Collateral and Illustrative Documents, No. XVIII.
[7]
Province of New York
Hee is to have Liberty to purchase for his Royall High- nesse, & to make Returne thereof.
The Ordr? hereupon are drawn up at large, & Entred in the Booke of Indyans-Purchase.1
[69] At a Councell July ye 8^ 1671.
Mr Mayhews & Mr. Brentons 2 Pretences upon Elizabeth Islands 3 discourst of.
Memoranda That three Men besides M^ Mayhew bee chosen for a Court upon Martins Vineyard, & hee to have a double Vote as President./
Mr Mayhew SenF 4 acknowledges to have sold his Pre- tences, but the Grand childe 5 putts in his Clayme for his part as his ffathers Right.
Daniel Wilcocks Clayme brought in by Young Mr Mayhew to bee Recorded.6
The whole Right to ye two Islands is found to bee in Mr Brenton, both by ye Indyan Purchase & the Sale of M? Mayhew Sen^; But its recommended to him to give some Compensation to the Grand Childe for his Consent to his ffathers Right.7
1 Collateral and Illustrative Documents, No. XVIII.
2 Evidently William Brenton, who was governor of Rhode Island from 1666-1669. See Austin. R. I. Geneal. Diet., pp. 252-254.
'Collateral and Illustrative Documents, No. XVIII; also Deeds, vol. 3, pp. 44-49-
4 Thomas Mayhew, Sr.
8 Matthew Mayhew, son of Rev. Thomas Mayhew, Jr., deceased.
6 Daniel Wilcock. For the record see Collateral and Illustrative Docu- ments, No. XVIII.
7 For other business in council of this date, not however entered in these minutes, see Collateral and Illustrative Documents, No. LIU.
buiyl6i72-i3] Executive Council Minutes 99
[70] At a Councell. July 12^ 1671. Pres'
The Governor Mr Steenwijck The Secretary.
Vpon Consideracon had of Mr Mayhews Quit Rents.
It is Agreed to bee 6 Barrells of ffish, viz* two Barrells each Patent.
About Claes Burden &c: That ye former Ord? against Transportation of Wheat &c: bee as yet continued, viz1: That none bee Transported but in ffloure and Bread.1
A Peticon from Govert Loockermans wife about Capt Mannings 2 Purchase.
It is Ordered, That the Weesmasters have Liberty to take out Letters of Administration for the Dutch Estate, accord- ing to ye Articles of Surrender.
Huntington LettT of Excuse for not giving their Attend- ance according to Order, read wth two Testimonyes.3
M^ Smith 4 wth MT Rider 5 give their Attendance.
Deferred till after Dinner.
An Ordr to Record M^ Smiths Attendance, & Hunting- ton's Default.8
[71] At a Councell. July 13^ 1671. Present
The GovernoT MT. Steenwick The Secretary
1 Collateral and Illustrative Documents, No. XLI.
2 Captain John Manning.
3 Collateral and Illustrative Documents, No. XXV.
4 Richard Smith.
1 John Rider, attorney.
•Collateral and Illustrative Documents, No. XXV.
ioo Province of New York [sep6t?y
Mr Gildersleeve & Cap1 Seamans are employed by the Towne of Hempstead l to make Invalid M? Terryes Grant,2 & to make their Clayme to Matinicock Land.
It's by ye Governo^ recommended to them & Mr Terry to endeavour a Composure. Whereupon they came to a Conclusion which was Recorded.3
At a Councell held at Fort James. Sept: 25. 1671.
Pres*
The Governor
Mr Mayor
, ,r P ... J-ofNewYorke
M? Steenwijck
The Secretary.
Governor Philip Carterett ) c AT T
_ . T _ r }• of JNew Jersey.
Cap? James Carterett. j
The Occasion of ye prsent Meeting is the Lett' brought from Mr Toms 4 by Peter Alricks about the Murder of [72] two Christians (Dutch Men) killd by some Indyans at the Island Matiniconck in Delaware River.5
1 Richard Gildersleeve and Captain John Seaman, who by vote of the town of Hempstead, July 3, 1671, were sent to New York to " treat with the Governour about the Eastern bounds of this Towne " and, in their discretion, " to Joyn with Mr Terry, according to the conditions that were last made between the said Mr Terry and ye Towne." — Hempstead Town Records, vol. i (Jamaica, 1896), p. 278.
2 On the grant of land at Matinicock to Thomas Terry by the town of Hempstead, see Hempstead Town Records, vol. i, pp. 143-145.
8 Collateral and Illustrative Documents, No. L.
< William Tom.
'Collateral and Illustrative Documents, No. UV. Matiniconck, now Burlington Island, in Delaware River. It had been " formerly knowne by the name of Kipps Island and by the Indian name of Koomenakimokonck Containing about a Myle in Length and half a Myle in breadth." This island was leased by Lovelace, on September 10, 1668, to Peter Alrichs or Alricks for three years. It had been in the tenure and possession of Sir
[sep6t7Ia5] Executive Council Minutes 101
Peter Alricks l being prsent relates to ye Truth of the Murder, upon wch hee is examined; Hee saith, the whole Nation of the Indyans of whom these Murderers are, con- sists of about 50 or 60 Persons. All the Mischiefes committed in Delaware these 7 yeares by Murder and otherwise, are said to bee done by them.
The Indyans their Confederates (as it's supposed they will bee if a Warr follow) with this Nation of the Murderers, may bee about a thousand persons besides Women & Children.
The Names of the two Murderers, are Tashiowijcam & Wywannattamo.^ 2
Peter Alricks declares, That two of ye Saggamores of the Nation of the Murderers, promised their best Assistance to bring in the Murderers, or to procure them to bee knockt it'h [sic] Head, if it might bee allowed by the Governor
Many other Indyans that hee mett upon the Road did very much disallow ye Murd? & were very sorry for it, & offered their Assistance against them likewise, only the Difficulty was, that there were seaven of these Indyans, Men of the same Stock, that if the two should bee seized, the other five would seek to bee Revenged; Soe it was unsafe.
Robert Carr, Knt., whose buildings and stock thereon were included in this lease, and it was also called " Matinicom als Carr's Island." Lovelace, on December 15, 1668, ordered the immediate surrender of the leasehold to Alricks. — N. Y. Colonial MSS., vol. 20, p. 2; Orders, Warrants, Letters, vol. 2, pp. 259, 316; Original Land Titles in Delaware, p. 125. See also " Some Notes on Matinneconk or Burlington Island," by William Nelson, in Penn. Magazine of Hist, and Biog., vol. X (1886), pp. 214-216; Memoirs of Hist. Soc. of Penn., vol. 7 (1860), pp. 140-141.
1 For a sketch of him see N. Y. Geneal. and Biog. Record, vol. 24, pp. 125-132.
1 They dwelt " at Suscunck " four miles to the eastward of Matiniconck Island. — Lovelace to Carteret, September 20, 1671, in Collateral and Illus- trative Documents, No LIV.
102 Province of New York [oct67I2S]
[73] Diverse other Discourses between him & the Indyans hee related as to this Matter.^
The Proposall to have ye Murderers destroy' d was to cause a Kinticoy 1 to bee held, & in the midst of their Mirth, That then one should bee hired to knock them i'the head. This by the Sachem.
Peter Alricks saith, The proper time to sett upon this Nation of the Murderers is within a Month from this time, for after that they'l breake off their keeping together in a Towne, & goe a hunting, soe bee separated & not to bee found, but now the danger is of their destroying the Corne and Cattle of the Christians.
The Occasion of ye Murther is said to bee that Tashiowij-
cans Sister dyeing, hee exprest great Griefe for it, & said
The Manetto 2 hath killd my Sister, & I will goe & kill the Christians; soe taking another with him hee went & executed this Barbarous ffact.
The next Meeting Agreed to bee at Elizabeth Towne.3
[74] At a Councell held in the Fort *
Octob: 25*.h 1671. Present
The Governor Mr Steenwijck The Secretary.
1 Cantico, and many other variants, derived from a word of the Delaware dialect of Algonquian, namely, gintkaan, signifying " to dance," with different applications. In the above minutes it represents a jollification. — Handbook of American Indians, part i, p. 202.
1 On the signification of " Manito " see Handbook of American Indians, part i, p. 800.
1 For this meeting see under November 7, 1671.
4 Fort James.
[oJt6.713o] Executive Council Minutes 103
That a Commission bee drawn for ye Mayor & Aldermen to make Enquiry concerning that great Disorder of a High Misdemeanour & Gena.n Breach of ye peace, as also the Disobedience to the Governor Order & Authority under his Royall Highness, on Saturday last (being ye 2i*.h day of this Month) by George Spurre, Humphry Davenport, & their Complices, in goeing on board the Ship Expectation, Isaack Melijen1 Command? riding at Anchor in this Port, under prtence of a Seizure of the said Ship for his Ma1!62
To heare & Determine'likewise,
Examine upon Oath &c:
The Co1? to sitt To-morrow, at 2 of the Clock Afternoone; Cap* Manning3 & Mr Dervall4 to bee Added to the Bench; And to bee dissolved upon ye Determination of the Cause.
This as to ye Publick.
To any Damage done to Mr Melijen, to bee left to a Com- posure between them, or a Determination by the Law.
[75] At a Councell held yc 30^ day
of Octob: 1671. Present
The Governor Mr Steenwijck The Secretary.
1 Isaac Melyn, son of Cornells and Jannetje Melyn. He was granted letters of denization " anew " to be " a ffree Denizen of this Place & Province," on January 13, 1671/2, or a few days before the ship "Expectation" had been cleared and adjudged to be a free ship by a special court of oyer and terminer. — General Entries, vol. 4, pp. 86, 93. In an examination before the mayor's court, October 24, 1671, Spurre, as commander, appears as James Sparr and Spragg. Another of his accomplices hi the seizure was Henry Randel. — Records of New Amsterdam, vol. 6, pp. 339-340.
1 Collateral and Illustrative Documents, No. LV.
1 Captain John Manning.
4 William Darvall.
104 Province of New York [oc?.7I3<>]
The Matter under Consideration is the Purchase of the Land of ye Wickerscreek Indyans,1 offered to Sale.
Part of it was purchased in ye yeare 1649. as appeares upon Record.
Showan Orocketts Brother, & other Indyans present being demanded what they came for, they replyed they come to sell their Land to the Governor They were offered a Price & could sell it to others, but would not, having more a Desire that the Governor should have it or the Refusall; It was told them none could buy it without the Governo™ Licence.
Then they went by chalking it out to shew their Bounds, & what was sold, wch they describe by a small Stroake alongst the East River.
The Names of those that pretend to bee ye Owners
Ramacq}, Tapongeere, Nepahnickan, Inquus, Nenemarek, Amanung, Wyrandis, Chemus, Sessepok.
They would reserve a piece of Land for themselves.
It was a[s]kt them how farr it was from Monussing 2 [76] to Harlem RivT, And from John Richardsons 8 Crosse over to Wijckerscreeke, They answer it is a good halfe dayes Journey, about 6 hours or 18 Miles in breadth. In length as before, They say It is a good dayes Journey.
'See Bolton. Hist, of County of Westchester (1881 edition), vol. 2, pp. 258-270, 506 (note b), 507.
2Manussing, or Mennewies, an island, in the town of Rye, Westchester County, about a mile in length, lying east of Poningoe Neck and separated from it only by a narrow channel. See Bolton. Hist, of the County of West- Chester (1881 edition), vol. 2, pp. 130-131, 161.
•John Richardson was one of the two original patentees of West Farms, now included in Bronx Borough, New York City. For an account of him and his land tenure, see Bolton, vol. 2, pp. 433-439, and compare for dis- crepancies with his will in Collections of N. Y Hist. Society, 1892, pp.v 64-65; for the purchase from the Indians by him and Edward Jessop, March 12, 1663,4, s66 Deeds, vol. 2, pp. 79-80. His widow, Martha, was married to Thomas Williams, mariner, of Westchester.— Pelletreau. Early Wills of Westchester County, p. 394.
[octJao] Executive Council Minutes 105
It is 3 dayes Journey about in Circumference. It being askt, Now they are beaten off by the Maques, how they can make a good Title thereunto if it were sold ? They say the Maques will not say they have any pretence to their Land, though being at Warre they would destroy their Persons, & take away their Beavers & Goods.1
It was demanded what Meadow or Valley did belong to their Land, They say there is a great deale of Meadow within the Land.
They are bid to consider of what price they will Ask for their Land, & give an Answ? about two a Clock, Afternoone.
The Acco* they returne of their Price is —
300 fathom Wamp™ 30 — Match-Coats 10 — Blancketts 5 — Cleat Cloths of Duzzines
30 — Chipping Axes
50 — Knives
30 — Barrs of Lead
30 — Kettles ^ § — a Barrel of Powder
30 — Gunns
20 — Skirts
20 — paire Stockings
30 — Hatchetts
2 — J ffatts of Beer I Anchor of Rumm
3 Howe's 2
1 In a primitive and religious sense, the Indian " conceived of the earth as mother, and as mother she provided for her children," hence the land "was not regarded as property," but, like the air, was necessary to life and "not to be appropriated by an individual or group of individuals to the permanent exclusion of others." Occupancy for planting came in time to establish "a claim or right to possess the tract from which a tribe or an individual derived food. This occupancy was the only land tenure recognized by the Indian; he never of himself reached the conception of land as merchantable, this view having been forced on his acceptance through his relations with the white race." — Handbook of American Indians t part i, p. 756.
•Hoes.
1 06 Province of New York [ j£l7
[77] At a Councell held by Mutuall Agreement at Elizabeth Towne in New Jersey by ye Governed of his Royall Highness Territoryes, & ye Governed under the Lords Propri- -etors of the Province of New Jersey ye 7l.h day of November in ye 23th yeare of his Ma11.63 Reigne, Annoq* Domini 1671. Pres*—
Governor Lovelace
Gov : Carterett 1
Mr Steenwijck
Mr Tho : Lovelace
Cap* Berry 2
Mr De La- Praire 3
Mr Pardon *
Mr Nicolls.
Vpon serious & mature Consideration of what hath been returned by the Officers of Delaware in Answer to the late Ordr.s sent thither, concerning the Barbarous Murder com- mitted by some Indyans on the East side of that River upon
1 Captain Philip Carteret, of New Jersey. For family history see Baetjer. Carieret and Bryant Genealogy. New York, 1887, pp. 3-5.
* Captain John Berry, deputy governor of New Jersey, who had come to East New Jersey from Barbados, in 1669. For a sketch of him and his family see N. Y. Geneal. and Biog. Record, vol. 15, pp. 49-57.
* Robert Vauquellin, Sieur de la Prairie, a native of Caen, in Lower Nor- mandy, France, who came over with Governor Philip Carteret in 1665, having been appointed by the proprietors, Berkeley and Carteret, as surveyor general of their domain hi America. See sketch in Hatfield. Hist, of Elizabeth, N. /., pp. 97-99.
4 William Pardon, of Elizabeth, N. J., member of Carteret's council, deputy secretary, and later receiver general (1674) and justice of peace (1676). — N. J. Archives, vol. 21, pp. i, 8, 22, 33, 34, 37, 39, 42, 43, 59. For sketch see Hatfield Hist, of Elizabeth, N. J., p. 170.
UcV.M Executive Council Minutes 107
two Christians at Matiniconck Island,1 It is resolved & Con- cluded upon as followes.
Inpris — That this prsent Season of ye yeare is not a fitting time to Commence a Warr wth ye Indyans who shall take part with the Murderers, as well for the Reasons given in Writing from ye Offic?5 at Delaware, as for other Causes debated in Councell; soe that the prsent intended Expedition thither is deferrd untill a more convenient Opportunity.
That in the meane-time all Endeavo1? bee used O[f] persons in Authority in Delaware to [78] have the Murdero1? brought in either dead or alive; ffor the accomplishing whereof, if any Reward shall bee proposed or promised by the said Offic1? for the bringing them in, the same shall bee punctually made good. And for that it may soe happen that the Malefactor.s by some Stratagem or otherwise may bee taken alive, a Commission shall fortwith bee granted by his Royall Highness Governo?, & here w*.h sent empowering & Authorizing the Officr.s & Magistrates who shall therein bee named to bring them to condigne Punishment by put- ting ye said Murderers to Death in the most Publick & shamefull manner that may bee, soe to strike a terrour & Consternation in the rest of ye Indyans who shall see or heare of the same.
3. Whereas some Resolutions & Ordr.s have been lately made at Delaware of their Intentions to retire into Townes for their better safety & Security against the Indyans in case of a Warr, ye said Resolutions are very well approved of; And it is Ordred, That at their best & soonest Conven- ience they bee putt in Execucon accordingly.2
4. The like Resolucon proposed as to Matinicock,3 & It
1 Collateral and Illustrative Documents, No. LIV.
* Collateral and Illustrative Documents, Nos. XXXV and XLVIII.
1 Matiniconck Island.
1 08 Province of New York [ N'06V7.'7 ]
being a ffrontire Place, it is also allowed and approved of; & shall bee done at the first Convenient time & Season.
5. It is also Ordred, That the Inhabitants at New Castle & parts adjacent upon Delaware River [79] bee digested into severall Companyes as ye Townes & number of Men will permitt; & upon returne of the Names of the Officers that shall bee chosen amongst them to have the Command of such Companyes they shall have Commissions for their respective Employments under his Ma11?3 Obedience. In the meane time those Officers that shall bee chosen, are to Act & proceed w*h allowance till they bee confirmed.
6. That every Person that can beare Armes from 16 to 60 years of Age, bee allwayes provided with a convenient proportion of Powder & Bullett fitt for Service, and their mutuall Defence, upon a penalty for their neglect herein to bee imposed by the Commission Officers in Command according to Law.^
7. That ye quantity or proportion of Powder & Shott to bee adjudged competent for each person bee at least one pound of Powd^, & two pound of Bullett. And if the Inhabitants in the River shall not bee found sufficiently pro- vided wth for Armes, his Royall Highness Governor is willing to furnish them out of the Magazine or Stores, they being accomptable & paying for what they shall receive to the Governour or his Order.
8. That the Places where the Towne-ships upon ye River shall bee kept bee appointed & Agreed upon by the Schout, Commissaryes, & the rest [80] of ye Officr.s according to their Proposall sent, as also where the Block-Houses, & Places of Defence shall bee erected as well in the Towne as in the River.
9. That all former Prohibitions of selling Powder & Ammunition to the Indyans under what penalty soever bee !
lixS's] Executive Council Minutes 109
suspended, or left to the discretion of the Officers as they shall see Occasion untill further Order.
10. That noe Corne or Provision bee transported out of Delaware, unlesse that which is already on board, or intended to bee shipt in ye Sloope 1 of Thomas Lewis (now in that River) for ye wfh hee shall have a Speciall Licence or Permitt, untill further Order.2
11. That ye Offic™ & Magistrates at Delaware bee hereby Empowered & Authorized to treat with the Neighbour Indyans of the Susquehanos or others to joyne together against ye Murderers & such as shall harbour them or take their part, if Occasion shall require, & to promise them such Reward as they shall think fitt. Provided it bee done with great Privacy & Caution, soe that noe sudden Jealousy bee given to the Persons intended to bee prosecuted or their Confederates.
12. And Lastly that the afore-recited Officers & Magis- trates upon all emergent Occasions doe take Care by all Means that shall present [81] as well as by Expresses to give an Acco* hither of what from time to time shall happen there in relation to this matter, wch said Expresses & Messengers shall bee well & duely satisfied for their paines and trouble.
At a Councell held &c: Decemfc: 5t.h 1671. Pres*
The GovernoT Mr Delavall M? Steenwijck The Secretar.
1 Thomas Lewis was master of the sloop " the Royall Oak." She also plied between New York and Boston.— General Entries, vol. 4, p. 139 (June, 1672)
» Collateral and Illustrative Documents, No. LVI.
i io Province of New York [i&!xs]
Cap1 Salisburyes 1 Peticon first discoust [sic] of, & sus- pended untill next Meeting, when ffredrick Gijsbert & Mr Sharpe 2 are to have Notice to give their Attendance.3
D° Samuel Drisius 4 his Peticon about his Salary as MinistT being taken into Consideration, It is thought fitt in lieu of all his prtences of Salary, & for ye two yeares since hee received any, wch will bee compleated in the Month of January next, that there shall bee allowed him the Summe of one hundred pounds, wch the Governor will pay, as for one entire yeares Service; the other yeare or the greatest part thereof, hee being soe distempered [82] as that hee was incapable of performing ye Ministeriall {Function.
However if that bee not thought sufficient It is recom- mended to ye Elders & Deacons of the Church to make him some farther Compensation. y 5
Vpon w0:1 an Ord^ — as followeth.
Dn? Drisius. Vpon ye Peticon of D55 Samuel Drisius, That his Salary might bee made good to him as formerly, hee being in Arreare for neare two whole yeares to bee compleated in ye beginning of the Month of January next, The Governor & Councell having seriously taken ye prmisses into Con- sideracon, & withall being very sensible that the said Domine for at least one halfe of the time was by Gods Visitation soe
1 Captain Sylvester Salisbury.
2 Fredrick Gijsbertsen and John Sharpe.
3 Collateral and Illustrative Documents, No. XXXVIII.
' Rev. Samuel Drisius, who could preach in Dutch, English and French, had come to New Amsterdam in 1652 and continued under Dutch and Eng- lish rule, dying in the city, April 18, 1673. Latterly, he suffered from " weaknesse " and " a failure of memory," incapacitating him in his ministry. In 1671, Aegidius Luyck, teacher of the grammar school, assisted Drisius in his ministrations. — Corwin. Manual of the Ref. Church in America, fourth edition, pp. 433-435; Ecclesiastical Records of N. Y., vol. i, pp. 612, 617, 623. On the salary arrears, etc., see also Records of New Amsterdam, vol. 6, pp. 101, 174, 240-241, 292, 300, 365, 396; General Entries, vol. 4, p. 47.
• Collateral and Illustrative Documents, No. LVII.
Executive Council Minutes in
distempered, that hee was rendered incapable of exercizing the Ministeriall ffunction, for the which hee was to receive his Salary, They doe think it reasonable that hee shall bee allowed the Salary of one yeare only in lieu of all pretences for the time past, the wch his Honf ye Governor on behalfe of his Royal! Highnesse is well content forthw^ to cause to bee paid unto him or his Ordr, without laying Imposicon on ye Towne for any part thereof; However if that shall not bee thought sufficient, It is recommended to the Elders & Deacons of the Church to jnake [83] him such further Com- pensation as by them shall bee judged meet, and for the time to come doe Order that his Salary goe on as heretofore.
By Ordr &c:
A Fed con preferrd from Coenraat ten Eijck 1 & Boel jCoenraat Roeloffs,2 about their Trust for an Orphans Estate,3 wch was <te
1 Coenraet ten Eijck or Ten Eyck was a shoemaker and tanner of New York City. For his will see Collections of N. Y. Hist. Society, 1892, p. 143; and for family history see Talcott. Genealogical Notes of New York and New England Families, p. 228.
» Boele Roeloffsen.
»The case is that of Victor Bicker, an orphan and surviving minor child of Gerrit Bicker and Aeltie Lubbertse. After his father's death, his mother was married to Nicholaes Velthuijsen, widower of Janneke Willems. In 1664, when Victor Bicker was eleven years of age, his mother also died, leaving an estate for his support, over which Ten Eyck and Roeloffsen were appointed guardians. In this capacity they invested two thousand florin, seawant, as a loan on interest to the city government of New Amsterdam. The English capture of New Netherland and confiscation of the property of the West India Company affected not only the payment of the interest on the loan, but tied up the principal itself. On October 9, 1666, the guardians petitioned the mayor's court of New York City for the payment of the interest that had accrued since 1664 and " that hereafter the accrued interest of the aforesaid capital may be promptly paid on the day due, until the sd. City sh;>ll have discharged aforesaid capital." Moreover, they declared there were no other means for the boy's support. The court requested them " to wait yet a little while longer," until the effects of the West India Company ! were sold. On June 23, 1668, and March 2, 1668/9, the guardians requested he court to pay both principal and interest. Meanwhile, Victor Bicker passed out of his schooldays and was apprenticed to Johannes Harberding,
1 1 2 Province of New York
lent heretofore to the Burgo-Mastr.s, & promis'd to bee repaid &c: — being taken into Consideration, this following Order was made thereupon.
The Peticon of Coenraat ten Eijck & Boel Roeloffs being taken into Consideracon, wherein they sett forth, That being Trustees for an Orphans Estate, part thereof was heretofore lent to the Burge-Mastr.s for the use of the Towne, but the alteracon of Governm1 happ'ning they cannot gett the same repaid, soe that they having engag'd to give a certaine Sufne of Money for the use of the Orphan to binde him out Apprentice, they are condemned to pay the same out of their own Purses, wch proves a great prjudice & Detri- ment unto them; The Premisses being a Busyness of Con- sequence, wherein diverse persons are in like manner concern'd with the Peticoners, both as to the Debts of the West India Company & the Towne, many laying Clayme
a shoemaker, who taught the lad his trade, under a contract with the guardians for the sum of 150 florin, sea want. Harberding brought suit against the guardians at the mayor's court, on February 7, 1670/1, for payment of the apprentice money and fifty guilders more which he had disbursed for the lad's necessities. The guardians acknowledged the debt but pleaded that the estate could not pay unless the city liquidated its debt and returned the principal, or at least paid Harberding's claim on account. Singularly enough, " Uppon hearing the debates of both Parties the Worshipp1.1 Court did decree and order that the def L.s [Ten Eyck and Roeloffsen] should pay [out of their own funds] the s^ debt to the P!fc [Harberding] within the space of three Months, and that the s? boy shall worke it out till the Def1? be repaid, and Concerning the def1.8 further desire the Court do referre them to his honnf the GovT unto whom it properly doth belong." Accordingly, as the council minutes show, they preferred a petition to Governor Lovelace. However, the principal continued unpaid and, meanwhile, the province was retaken by the Dutch. On June 26, 1674, the guardians requested the court of schout, burgomasters and schepens for payment of the two thousand florin, sea want, " lent in the year 1664 to the City on interest, according to the j bond signed by the Burgomaster etz. Whereupon the W. Court answered j them, that they shall speak to the Governor [Colve] to make the matter as j sure as possible for the advantage of the Orphans " [sic]. — Records of New \ Amsterdam, vol. 6, pp. 38-39, 138, 170, 282, 284, 288; vol. 7, p. 104; AT. Y. , Colonial MSS., vol. 22, p. 6; Minutes of the Orphan Masters of New Amster- \ dam, vol. i, p. 95.
Executive Council Minutes 113
to have Moneys due unto them [84] & others detayning Publick Moneys in their hands, wch probably might bee sufficient to make Satisfaction for all just Dues; To ye end a right Vnderstanding may bee had hereupon, the Governor & Councell have thought fitt to Order that Commission1? shall in some short time bee appointed to view & state all Accof.s either of the West India Company or the Towne, as to their Debit & Credit, & make Report thereof how they shall finde the same to the Governor who will then give such further Order thereupon as shall bee most conso- nant to Justice & good Conscience. In the meane time the Peticoners are to suspend any further Suite upon this Occasion.
The Comn? to bee — Mr Tho: Lovelace.1 Mr Jones V: Brugh 2 Mr Corn: Van Ruijven. Mr Jones de Peijster.8
By Ordr &c
1 Thomas Lovelace, a brother of Governor Lovelace. He was appointed an alderman of New York City, October 13, 1671, and was commissioned captain of a foot company of Staten Island, on July i, 1672, being confirmed therein on February 4, 1672/3. — General Entries, vol. 4, pp. 53, 171, 254.
2 Captain Johannes Peterse van Brugh.
'Johannes de Peyster (Peister, Peijster), whose ancestors were compelled to leave France after the massacre of St. Bartholomew, in 1572, was born in Haarlem, Holland, where he married Cornelia Lubbertse, a native of the same place. He was the first member of the family that emigrated to America, and settled at New Amsterdam, of which he became a schepen in 1655. Gov- ernor Nicolls appointed him an alderman of New York City, on June 12, 1666, and he served until August 13, 1668. Again, on June 7, 1669, Governor Lovelace appointed him to fill a vacancy in the board, of which he continued a member for several terms thereafter. Upon the resumption of Dutch sovereignty, in 1673, he became a burgomaster; subsequently, under English domination, he served as alderman (1676), deputy mayor (1677), and was chosen mayor of the city, on October 15, 1677, but declined the post. — Orders, Warrants, Letters, vol. 2, pp. 75, 161, 176, 215-216, 430; Court of Assizes, vol. 2, pp. 409, 429, 598; General Entries, vol. 4, p. 220; De Peyster and Watts Genealogical Reference. Poughkeepsie, 1854, pp. 21, 38-41; Local Memorials relating to tlie de Peyster and Watts and affiliated Families. New York, 1 88 1, pp. 36-38.
[8]
1 14 Province of New York [ Dec7I5 ]
ffrantis de ) The Peticon of ffrancois de Bruijne l being taken into Brijne. i Consideracon, this Order was made Viz* —
Vpon ye Peticon of ffrancois de Bruijne against the Inhabit*3 of Gravesend, touching their neglect of making up their ffences2 according to Agreem1, It is Ordered That ye Examination hereunto bee referred to the next Court of Sessions, who are to make some Order [85] thereupon, That ye Agreem* made between ye Parties above-mentioned bee punctually observed, wth some Penalty to bee imposed on them who are or shall bee in default.
By OrdT &c
Breucklyn The Peticon from Breucklin, about a Lott there con- fiscated to the Duke,3 — had an Order as followeth.
1 Francois de Bruyn alias Francis Brown, who had removed to New Utrecht, L. I., in 1663, owned a farm there " commonly called ye Turcks Plantacon," for which he had obtained a patent from Governor Nicolls, on June n, 1667. He sold this land, March 18, 1671/2, to Barent Joosten, of Bushwick, and Jan Hansen, of Flatbush, for which his widow, Anna de Sille, gave a quit claim, on April n, 1676, hi which month she received a pass for herself and twelve children to sail for London. He had several disputes with the town of Gravesend over his land rights and, in August, 1669, lodged a complaint with Lovelace for molestation in the ownership of a parcel of meadow belong- ing to his farm, which Gravesend claimed as of right belonging to that town. The case was taken to the court of assizes hi November, in which he was defendant. He was given a verdict by the jury, but an appeal was granted and the jury's verdict was disannulled. A commission having been appointed to survey the land in controversy, reported to Lovelace, who awarded to the town of Gravesend two-thirds and to Bruyn one-third of the meadow, in April, 1670. On March 7, 1669/70, he and a company of associates were given a monopoly of catching porpoises in and about New York Bay, for a term of twelve years. After the sale of his plantation at New Utrecht, he seems to have resided at Flatbush. Upon the recapture of New York by the Dutch, he was, on August — , 1673, appointed secretary of the district of the six towns on Long Island which had submitted to the new authority. — Deeds, vol. i, pp. 101-102; Orders, Warrants, Letters, vol. 2, pp. 405, 518; Court of Assizes, vol. 2, pp. 210-213, 414, 428, 483, 494, 551; Brodhead. Hist, of N. Y., vol. 2, p. 214. See sketches in Bergen. Kings Co. Settlers, pp. 86-87; N. Y. Geneal. and Biog. Record, vol. 10, pp. 35, 85-86.
1 Collateral and Illustrative Documents, No. LVIII.
1 Collateral and Illustrative Documents, No. LIX.
Executive Council Minutes
Vpon ye Peticon of ye Inhabit1."5 of Breucklin about a Lott of Land in their Towne heretofore belonging to Charles Gabry, but since confiscated to his Royall Highness; l It is Ordered that it bee referred to ye next Court of Sessions to make Enquiry into the value of the Premisses, soe that it may bee made over to the Towne for their Convenience, they paying some yearly Rent Charge or Quit Rent to bee reserved thereupon.
By Ordr &c:
. £ iff
A Peticon from Newtowne about their Bounds between Newtowne. them & Boswick,2 upon which this Ordr went forth —
Vpon the Peticon of ye Inhab1.8 of Newtowne that some indifferent Persons might bee appointed to view & Lay out the Bounds between [86] them & their Neighbor of Bos- wijck; It is Ordered That on each part they bring in their Patents or prtences to the next Court of Sessions, who are to make Enquiry thereinto, & to make Report of their Judg- ments therein to ye Governor/
By Ordr &c:
Fredrick Lubberts 3 & Mons?" Heynelle,4 the Agreem* made between them & confirmed by the Governor to bee Observed.5
Staten Island Settlem1, to bee further considered of by the
1 On this confiscated land of Charles Gabry (Gabrije), see Stiles. Hist, of the City of Brooklyn, vol. i (1867), pp. 82-83.
J Collateral and Illustrative Documents, No. VIII.
1 Fredrick Lubbertsen, of Brooklyn. On his landholdings and for sketches, see Stiles. Hist, of City of Brooklyn, vol. i, pp. 63-69; Bergen. Kings Co. Settlers, p. 194.
« Captain Michiel Heynelle (Michael, Michiell, Michil Hainelle, Haynell), of Bedford (Brooklyn), whose wife was Hendrika Strokels. On February 3, l672/3, he was granted a license " to sell Wine or Strong Liquo1.3 by Retayle " in his house in Brooklyn. — General Entries, vol. 4, p. 256; Stiles. Brooklyn, vol. i, pp. 49, 427; Bergen. Kings Co. Settlers, p. 130.
•Collateral and Illustrative Documents, No. LX.
1 1 6 Province of New York
Governor; only ye Names of those who have Lotts given them, to bee affixt publickly within a certaine time to bee given, by the which they are to ffence in their Home Lotts. The time allotted the first of May./r 1
Encouragement for ye ffrench MinistV who proposes to bring over some ffamilyes of Protestants at his returne back hither, hee being designed into Europe.
His Proposalls are approved of, & hee to have all Encouragem* 3
About ffencing of Towne-Lotts &c:
That every one bring in their prtences to any Ground or Lott in or about the City, by ye first or second day of March next, when they are to bee enjoyned to ffence [thesje: & build.4
[87] About ye Militia of ye City a third Company is to bee made, & that an OrdF bee sent forth to the Officers to repre- sent the Names of some Persons for to bee Officers in the New Company.5 The Troope of Horse to bee further considered of.6
Cap* Wilkins 7 his ffine to bee remitted J.
The Ord?5 about ye Murder made here & at New Jersey, read.8
Mr Delavall declared what past at the making the peace at Albany between the Indyans.9
It is Ordered, That whatsoever M? Delavall & the Com- mission™ have done in making of the peace between the
1 Collateral and Illustrative Documents, No. XXXI. 1 Rev. Jacques Roullaud.
1 Collateral and Illustrative Documents, No. LXI. 4 Collateral and Illustrative Documents, No. I,XII.
s Collateral and Illustrative Documents, No. LXIII. See also Records of New Amsterdam, vol. 6, p. 357.
• Collateral and Illustrative Documents, No. LXIV. 7 Captain William Wilkins, of Gravesend.
• Collateral and Illustrative Documents, No. LIV.
• Compare Collateral and Illustrative Documents, No. XIX.
[1672 1 LJan. nj
Executive Council Minutes
117
Maques & Mahicanders * is very well approved of, & hee hath thanks given him for his Care & paines therein.
About Youncker Voschs Estate,2 That it bee secured in the best manner it can bee untill some way can bee proposed for its Disposal, wch is referred to ye Court of Sessions, to make Report thereof to the Governor
Pres*
[88] At a Councell held &c: Jan: ii1.*1 1671.
The Governor Mr Delavall Mr Steenwijck The Secretary.
The Mattr in difference is upon the Peticons of Mr Badgard,3
1 Mohawks and Mahican. The latter were also called River Indians, North Indians, Northern Indians and by the French name of Loups. See Handbook of American Indians, pp. 786-789; Ruttenber. Indian Tribes of Hudson's River. Albany, 1872.
'Collateral and Illustrative Documents, No. LXV. Balthazar de Vosch, of Flatlands, L. I., fled the country, leaving behind him a number of debts, shady transactions and a complicated estate. His wife, having been granted a pass, on July 4, 1670, to go to Holland in the ship " Fame," left his affairs unsettled, and on October 21, 1670, Captain Elbert Elbertsen and Jacob Strycker were appointed as trustees to take possession of his estate. He was called also Joncker Vosch in the records. — Court of Assizes, vol. 2, p. 562 ; Collections of N. Y. Hist. Society, 1892, p. 12; Records of New Amsterdam, vol. 6, p. 217. See sketch in Bergen. Kings Co. Settlers, pp. 381-382.
'Thomas Badgard or Badgord, was a merchant of New York City, who died intestate in 1672. The administrators of his estate, on October 21, 1672, appointed William Crichlow " as a Trustee " entrusted with the settle- ment of " some Concernes " of Badgard in Barbados and the island of Jamaica. At the mayor's court of New York City, March 19, 1671/2, Thomas Walker was non-suited for not appearing after his suite against Badgard had been put over from time to time, and was ordered also to pay the costs. — Collections of N. Y. Hist. Society, 1892, p. 26; General Entries, vol. 4, p. 222; Records of New Amsterdam, vol. 6, pp. 342, 365.
1 1 8 Province of New York ban.7an]
Mr Ripley,1 & M? Darvall2 against M^ Walkers3 Bond given at Jamaica, wth Mr Christopher Davis, & Mr Ripley to returne thither in {February next.4
The Two Depositions Attested at Boston, the one that
Mr Davis paid ten pound odd money for Mr Walker, & the
other that hee gave Bond for 29^ 19? for Porke wch M?
An Ordr to] Walker had before his Vessell went into the Bay of Cam-
the w°h to [pechio being taken into Consideracon, It's thought reason-
referr. j ^^ That hee pay the said two Suiries here to Mr Darvall
as Attorney of M? Badgard Mr Davis his Attorney, or give
Security to pay the same at Jamaica; Mr Darvall obliging
himselfe to save Mr Walker harmlesse, & repay the same
if M? Davis hath not paid ye said Sumes, or hath been satis-
fyed otherwise.
As to the Bond, That the Pinck 5 shall returne to Jamaica, in the wch Mr Ripley & Mr Davis are bound wth M? Walker, It is likewise thought fitt, that Mr. Walker sha[ll] take Mr Ripley on [89] board w1.11 him his Voyage to Virginia, & from thence to Jamaica, directly; for ye Prosecucon of the which Voyage, & to save his Security M? Davis & Mr
1 William Richard Ripley, generally Richard Ripley for short, was com- mander of the pinck called " ye Batchelours Delight," trading between New York and the island of Jamaica. Thomas Walker sued Ripley at the mayor's court of New York City, October 28, 1671. He declared that Ripley was 41 indebted unto him for provisions & Tooles Delivered for the Compechio [sic] Voyage to the pinck Batchelors delight " and " alsoo for the Intrest of the s*? monny Laid out for the s<? provisions & Tooles and for the Losse of three Boats as p* account the sume of £128: n: 3 Sterlingh," for which he asked judgment with costs. The jury found for Walker; the court concurred, and an execution was issued out on November 24, 1671. Ripley, however, left the province in 1672 " without satisfying the s1? Execution." — General Entries, vol. 4, p. 52; Records of New Amsterdam, vol. 6, pp. 341, 378.
• William Darvall.
1 Thomas Walker, merchant of London, and half owner of the " Batchelours Delight."
« Collateral and Illustrative Documents, No. LXVI.
• The reference is to the ship named " Batchelours Delight."
Opposite p. i 19.
r-»|v »r- *
>if*VJ_* r^wS]
•aTsvTxS&Sy ,^
/
DRAUGHT OF LAND IN DISPUTE BETWEEN PELL AND RICHBELL
(Reduced from 6Vs by Wt inches.)
Executive Council Minutes i ig
Ripley harmlesse, hee shall enter into an Obligation to Ripley engaging his Ship & person for the same.1
At a Councell held at ye Fort
Janr.y 1 8^ 1671. Present
The Governor Mr Delavall Mr. Steenwijck The Secretary.
The Mattr under Consideracon was ye difference between Mr Pell & Mr Richbell.2
The Commission" Papers delivered, Sealed up, were now opened and read.
Cap* Dudley Lovelace, & Cap* Jaques [Cortelyou] in a manner Agree, yet referr to a Tree in the middle of the third Neck, markt on the one side wth J. R Eastward, on ye Westward with T. P. wch would divide ye Meadow between them.^
1 Collateral and Illustrative Documents, No. LXVI.
'Collateral and Illustrative Documents, No. LXVII. Thomas Pell, of Norfolk, was an Englishman and adherent of the royal cause, who, in 1654, purchased a large tract of land, including the town of Pelham, Westchester County. He died at Fairfield, Conn., in 1669, and made his nephew, John Pell, only son of Dr. John Pell " of ould England," his heir. His plantation or manor in Westchester County was known as " Anne Hooks Neck," and he died while the litigation with John Richbell was in progress. Singularly enough, Richbell was one of those who were appointed to make an official inventory of Thomas Pell's estate, on October 13, 1669. — Brodhead. Hist, of N. y., vol. i, p. 595; Collections of N. Y. Hist. Society, 1892, pp. n, 12; Court of Assizes, vol. 2, p. 4233, 550, 562 See also Bolton. Hist, of County of Westchester (1881 edition), vol. i, pp. 468-469; vol. 2, pp. 44-49. Jacob Young, a resident of Pell's manor, was sworn in as constable, February z, 1670/1. — Court of Assizes, vol. 2, pp. 639, 641. Young later removed to Phillipsburg and was survived by his wife, who was married to John Tanke.— Pelletreau. Westchester County Wills, p. 388.
120 Province of New York
Mr Elyas Doughty declares positively of [90] MT Richbells Bounds by Purchase to bee Stony Brooke.//
M? Ponton saith, That ye Brooke men coned in both Patents is the same; & that hee hath known the afore named Cedar Tree or Gravelly Brooke to bee called by that name for 16 yeares. And concerning that wch is now called Stoney Brooke, it was formarly called Chapmens Brooke or Stoney Brooke.
ffrancis Yeates * saith that in his Judgment Mr Pells Bounds comes to Gravelly or Cedar Brooke.
An Ordr to] Vpon perusall & Consideracon had hereupon, two of the ! Commission? making Report, That between the two Brookes now called Stoney & Gravelly Brookes, there being a Tree markt on the East side with J. R. & on the West wth T. P. from ye which if there were a Line run directly down to the Sound,2 It would divide the Meadow in difference between both Partyes, & putt an End to ye Mattf in question, & neither of the other three agreeing amongst themselves as to their Opinion of the Bounds, The GovernoT being very desireous of an Amicable Composure of the Matter between both Partyes, doth recommend the same unto them; How- ever if either Party shall not seem satisfied herew^, that then they have Liberty to proceed to a Tryall at a Speciall Co? according to the Ordr of the last Gen*?1 Co? of Assizes; of their Resolutions hereupon a speedy Answr is expected, that Order may bee taken accordingly.3
1 Francis Yates, of Westchester. For his will dated November 29, 1682, and proved February 3, 1682/3, see Collections of N. Y. Hist. Society, 1892, p. 123.
8 Long Island Sound.
1 Collateral and Illustrative Documents, No. LXVII.
Executive Council Minutes 121
[91] At a Councell held in Fort
James. May y* 17^ 1672. Present
The Governed 1 Cap* Delavall Mr. Steenwijck Cap* Willett. The Secretary
Cap* Salisburyes Peticon.
That ye Rent bee adjfidged due to ye Duke from the Publi- cation, & that it bee paid to Cap* Salisbury, who alledges the Gift of it from Colt: Nicolls.1
The Letter brought by Mr Paine 2 discourst upon, Mr. Paine is desired to make his own Proposalls, of the wch hee hath time to consider a day or two.3
Hendrick Jansen's Busynesse about his Land hee hath possessed above 10 yeares. That it bee confirmed to him to dispose of as hee pleases.4
Boswijck & Newtowne, ye Bounds to bee Surveyed & viewed by ye Surveyor Gena.n, & Report made thereof that it may bee issued.5
Schanechtade Tappers to continue untill Mr Delavalls & Cap* Willetts 6 goeing up to Albany, who are to examine into ye MattT 7
[92] As to Delaware Busynesse referred to ye Councell.8
First — About ye Towne of New Castles being a Cor- poracon, It's allowed of. And that it bee a Baylywick, &
1 Collateral and Illustrative Documents, No. XXXVIII. » John Paine.
8 Collateral and Illustrative Documents, No. LXVIII. « Collateral and Illustrative Documents, No. LXVIII (a) 1 Collateral and Illustrative Documents, No. VIII.
• Thomas Delavall and Thomas Willett.
1 Collateral and Illustrative Documents, No. LXIX.
• Collateral and Illustrative Documents, No. LXX.
122 Province of New York
Governed by a Bayly & six Assistants after the first yeare, 4 old ones to goe out, & 4 other to bee chosen in their Places. The Bayley to bee President & have a double Vote, a Constable to bee chosen by the Bench.
To try Causes as farr as io« without Appeale.
As to ye 2? ye English Lawes according to their Desire to bee Establisht in that Towne & River;
And ye Office of Schout to bee Converted into a Sheriffe for the Corporacon & River, & that hee bee annually chosen.
It's to bee further considered of, when Cap? Cantwell l comes, if it bee before Cap* Carrs 2 goeing away.^7
As to the third, to have free Trade without being obliged to make Entry here. That ye Determinacon hereof bee sus- pended untill Advice bee sent about it out of England, or other Consideracons had thereof.
Concerning the Certificate about ye Whorekill, That Cap* Carr shall have Instructions hereupon at his Returne.3
The Agreem* made by Mr Delavall between Cap* Topping4
1 Captain Edmond Cantwell, whom Lovelace had commissioned, on April i, 1672, during the governor's visit to Newcastle, as " Captaine of ye ffoot- Company risen or to bee risen within the Towne of New Castle in Delaware River & parts adjacent." — N. Y. Colonial MSS., vol. 20, p. 33. On August 2d, of that year, Lovelace commissioned him " in the Place of Schout to bee High Sheriffe hi New Castle and Delaware River, for the year ensueing;" and a few days later, the loth, he was empowered to collect the arrears of quitrents in Delaware, in place of William Tom, who had held that authority since August 10, 1669, but resigned. — General Entries, vol. 4, pp. 184, 185.
* Captain John Carr.
• Collateral and Illustrative Documents, No. LXX.
4 Captain Thomas Topping, of Southampton, L. I., who, on April 10, 1662, purchased from the Shinnecock Indians land lying west of Southampton, together with one-half of the whaling profits and benefits of the beach on the south shore. Most of this land was deeded to the town of Southampton, on November 15, 1666, at which time he also conveyed his whaling rights to John Cooper, of the same town. Topping was appointed by Governor Nicolls a member of his council in 1664; he became a member of the court of assizes in 1665, and the same year was appointed a member of the new board of commissioners of admiralty for the province; he was also commissioned by Nicolls, on July n. 1666. as the first member of the newly-created commis- sioners for Indian affairs hi the East Riding of Yorkshire. — Deeds, vol. 2,
r 1672
LM
ay
Executive Council Minutes
123
& ye Commission1? for Indyan [93] Affayres approved of. Their Commission to bee call'd in at y° next Sessions.1
The Agreem* made by him w1.*1 ye Whale-Men, securing the Dukes Interest at Oysterbay; It's allowed.2
That a strict Ordr bee made wth a Penalty of 50*1 to bee Levyed, on such as shall deceive the Duke of his Interest, & 2O« of it to the Informer.
Thirteen Barrells to ffinch,3 & 'tother two in Mr Delavalls hands to defray Charges.
Peter Jacobs 4 Request about taking in part of a Loading of Corne at New Jersey, & soe for Boston, touching here, & taking in the rest of his ffreight;
It's adjudged to bee a Breach of ye Law in that Case provided.
Delaware Expedition to bee borne by the Publick.f 5
M? Nicolls e his Charges ye first Voyage to Delaware to bee borne out of ye nines of the Long ffinn.7
PP- 49* 5°> 54-57» 200-206, 257-258; Brodhead. Hist, of N. Y.t vol. 2, pp. 43. 75. 87- For an inventory of his estate, in 1681, see Collections of N. Y. Hist. Society, 1892, p. in.
Collateral and Illustrative Documents, No. LXXI. In 1671, the com- missioners for Indian affairs were William Wells and John Mulford, justices of the peace; Captain John Howell, Captain John Young, Captain Charles Glover, and Thomas Baker. On February 23, 1671/2, Barnabas Horton was appointed to the vacancy created by the death of Wells. — Genera} Entries, vol. 4, pp. 14, 101.
» Collateral and Illustrative Documents, No. LXXII.
8 John Finch, of Huntington, L. I., called " Goodman John Finch/' He died in 1685, aged ninety years. For references to him see Huntingdon Town Records, vol. i (1887), pp. 159, 188, 194, 245, 246, 354, 432.
• Pieter Jacobsen.
• Collateral and Illustrative Documents, No. LXXIII.
• Captain Matthias Nicolls, secretary of the council. He had been appointed an alderman of New York City by Governor Nicolls, August 14, 1668, and was continued by Governor Lovelace, August 14, 1669, and again until October 9, 1670, when he was appointed deputy mayor, during the mayoralty of Thomas Delavall. On October 13, 1671, he was chosen as mayor of the city. Both governors charged him with many other trusts. — Court of Assizes, vol. 2, pp. 409, 421, 571, 598; General Entries, vol. 4, p. 53; N. Y. Colonial MSS., vol. '22, p. 108.
7 Collateral and Illustrative Documents, No. XL
124 Province of New York [M'a6y7*7]
Mannings Peticon about Cap* Blagg to bee con- siderd of, when they are both heard.1
Cockrams 2 Busynesse to bee by Abatement, proportion- ably to pay ye Countrey Rate, hee was accomptable for.3
Here followeth some particular Ord" about y8 Conside- [ration] 4 afore-written. Cap* Saiis-1 [94] The Matter in Difference between Cap.1 Silvestr
& I- Salisbury & fFredrick Gijsberts,5 having long depended, berts j It being about Rent Claymed by Cap* Salisbury from ye sd fFredrick Gijsberts for a certaine confiscated House in the Stone Street granted by Governor Nicolls to the said Cap^ Salisbury; The Premisses being taken into Consideracon, It's adjudged that the Rent of the said House is to bee paid to Cap1 Salisbury from the time of the Publication of the Confiscation thereof, although before ye Date of his Patent, In regard it's thought to bee the Intent of the late Governor; And the Tenant ought not to pay the Rent after ye said Publicacon to any other then whom ye Governor should direct.
By Ordr &c:
Maryland | Vpon Consideracon had of a Certificate brought by Cap1 «MThei . I Tn? Carr from New Castle in Delaware River about ye
Whorekill j J J
prtences from Maryland to ye Whore-Kill, & their sending Surveyed to lay out Land : 6 without the Consent or Approba- tion of the Officers there under ye Protection of his Royall
1 For the details of this case see infra, minutes of May 20. Captain John Manning was at this time high sheriff of Yorkshire, serving in that office from September 7, 1671, in succession to Robert Coe, until June 30, 1673. His petition, evidently, was directed against Captain William Blagg. — General Entries, vol. 4, pp. 26, 129, 201.
• John Cockram.
• Collateral and Illustrative Documents, No. XXXII. 4 Original mutilated.
•Collateral and Illustrative Documents, No. XXXVIII.
• Collateral and Illustrative Documents, No. LXX.
r 1672 1
LMay I7J
Executive Council Minutes
125
Highness, who withstood their Proceedings therein, It is Ordred That ye Magistrates there bee vindicated in what they have done, to whom a Letter of Thanks is to bee sent, & it is likewise expected that they continue in their [95] Observance of such Ord1? & Directions as they shall receive from this his R: Highness Governm* & none other, untill his Ma'i68 or his Royall Highness Pleasure bee signifyed
to the contrary.
By Ordr &c:
Vpon ye Peticon of Hendrick Jansen of Mashpeth-Kills, fHendrick that hee might have a Confirmacon of a piece of Land j Jfnsen.j°f graunted him there by the Dutch Governor, the wch for i Kills his severall yeares hee had Possessed and manured, in like | Land Co manner as other his Neighbo" have had, who were seated L there by Ordr from ye Governor, It is Ordered, That the said Land bee Confirmed unto him to dispose of at his
Pleasure.
By Ordr &c: l
A Peticon from ye Inhabit1.8 of Boswijck being taken i ^ ., ~ , J . , . ,
Consideracon, wherein they request that some period may
bee putt to ye difference between them & Newtowne, about their Bounds & Limitts, concerning the wch there hath been soe long Controversy & Dispute, It is Ordre'd [96] That ye Bounds in question shall bee viewed & Survey'd by the Surveyor Gena",2 and Report made thereof to ye Governo1", that the Mattr in difference may at length bee issued, & noe farther Dispute bee had upon the same.8
By Ordr &c:
1 Collateral and Illustrative Documents, No. LXVIII (a).
• Jacques Cortelyou.
» Collateral and Illustrative Documents, No. VIII.
I Inhabit'5
126 Province of New York [Ma6y7220]
At a Councell in ye Fort &c:
May ye 20^ 1672. Present The Governor Mr Steenwijck The Seer.
At ye Request of Cap* Blagg 1 & ye Peticon of Cap^ Jn? Manning, their Difference was taken into Consideration.
Cap* Blaggs Request first read.
His first Offence not to bee called in question, neither for carrying away ye Souldyer, nor firing at the fFort, but at Mr Delavalls, It [be]ing past by at his last being here.
[97] Cap* Manning brings in his Complaint for Cap*. Blaggs Ship not firing at her last goeing out, of which hee saith hee was a Wittnesse, together wth Philip Johns 2 & severall others upon the Wall & Bastion.// 3
Cap* Blagg stands in his Justification & offers to prove, that hee call'd his Men to take Notice that hee Strooke, & Ordered 5 Gunns to bee ffired towards the Kings fflagg, & that Mr Wasslyn 4 & Mr Dyer 5 were present.
That Proofe to bee Examined into.
The carrying away Bartholmew Salter the Souldyer is laid to his Charge.
Hee referrs to his Papers.
It was reported hee was Concealed, & received on board, as was said by two of his Seamen, named John Harris & James Westmore, but hee heard not of it till they had receiv'd their Pay & were discharged in Holland.//
> William Blagg.
1 Haven master of the port of New York.
* Fort James.
4 Wasslyn was commander of the ketch " Rebeckah," sailing between the American colonies. — General Entries, vol. 4, p. 80 (December 28, 1671).
6 William Dyer or Dyre, son of Captain William and Mary Dyre. For a sketch of him see American Historical Register, vol. i, pp. 37-43.
tiffU Executive Council Minutes 127
The Mate, Doctor, & Boatswaine of the Ship, offer' d to Justify before Cap* Manning what Bat: Salter swore before ye Justice, & that Batt Salter's Note was soe delivered on board as is alledged.
If Mr Wasslyn & M? Dyer doe Averr upon Oath what is alledged by Cap* Blagg, hee is to bee declared free as to that particular.
[98] And y6 three Persons offering to take their Oaths before Cap* Manning who is ye Accuser when Blagg was first questioned to ye Truth of Bat Salters delivering the Note on board to Cap** Blagge, & taking his Oath before the Justice, as in the Paper is Certifyed, It's lookt upon hee is cleare as to that particular likewise of his Voluntary carry- ing away (or concealment) of him before his Discovery.
Mr Dyer & Mr Waslyn being present afterwards were enquired of, what they knew hee spake on board about his Striking or not, & ffiring at the ffort.
They both acknowledge to have heard him say soe at that time, & that the ffort was all open to the Ship before hee spake to his Men, & that hee did strike his Top-Sailes, & ffired 5 Gunns; the which They are ready to testify upon Oath; Which Declaration is accepted of.
Hereupon Cap* Blagg is adjudged according to the Testi- monialls to bee free & acquitted of the Accusacon, & is at his Liberty; Soe may have a Passe to Transport himselfe out of these his Royall Highness his Territoryes where hee pleases.
[99] At a Councell Extraordinary
May 24*.h 1672. Present
The Governo? Mr Delavall Mr Steenwijck The Secretary.
1 28 Province of New York [M'a6y7224]
Utter from) The Occasion of ye Meeting, a Letter brought yesterday his Ma**6 f by Mr Sharpe * by the way of Boston, from his Ma*6 Signed by the Lord Arlington.2 Dated March ye 10^ i6j%.3
The first part of the LettT taken into Consideration, That by reason of ye Troubles like to bee in Europe, Care bee taken for ye most Seasonable & safe time for Ships goeing from hence homewards, viz* Mar: ye 24^ June 24^ & Sep- temb? ye 24^
The day above-written his Ma1'.68 Lett? being receiv'd & read in Councell wth all Respect & Humility.
In Obedience thereunto, It is Ordered, That his Ma11.68 Commands therein in relation to ye Navigation of Vessells from this Port for Europe shall bee duely & punctually observed according to the tenor of his Ma11.68 Gracious LettT 4
That having at this prsent time one only Ship wch hath already had her Dispatches, & for severall dayes since is gone out of the Port, & none other expected to bee ready to beare her Company in soe short time as the 24^ of June, being also willing to re[turne]5 an Answr [100] of the Recep- tion of his Ma*63 Gracious Letter, & readynesse to observe the Directions therein, It is thought convenient ye said Ship should proceed on her Voyage. And for the Security of Ships after they come here, wch his Ma11.6 doth recommend, That all Care shall bee taken & besides the ffbrt 6 a Battery in ye most convenient Place of the City shall bee made, to secure all Ships in the Road.
To prvent all suddain Incursions or Attacques of this place or Colony by an Enemy, (wch is the last Clause of the
1 John Sharpe.
• Sir Henry Bennet, Earl of Arlington, English secretary of state. » Collateral and Illustrative Documents, No. LXXIV.
'Ibid.
• Original mutilated.
• Fort James.
Executive Council Minutes 129
Kings Letter, & left to best discretion) It is resolved, That the whole Governmt shall bee putt into a posture of Defence in the best manner that they are capable of, which shall bee taken into farther Consideration; & the Governor will please to propose a Modell thereof.1
Cap* Haselwood 2 not to depart before Monday, by which time his Dispatches shall bee ready in Answer to his Letters.* 3
An Answ? to a LettT sent by ye Governor to Major GenaU [
T J c • r» -J Leverets
Leverett, read, & taken into Consideration.
The Copie of ye O'riginall from ye Governor first read, then the Answer.
They are both Ordered to bee Recorded.4
[101] At a Councell held at Fort James, June y6 10^ 1672. Present
The Governor
MT Delavall
Mr Steenwick
The Secretary.
The first Matter taken into Consideration is the Irruption at New Jersey, & Difference between Governor Carterett,5]^011 atN & Cap? James Carterett.6 LJersey'
> Collateral and Illustrative Documents, No. LXXV.
* Captain Clay borne Haselwood, commander of the ship " Justice of London."
» Collateral and Illustrative Documents, No. LXXIV.
* Collateral and Illustrative Documents, No. LXXVI.
* Philip Carteret.
•Captain James Carteret, instigator of the "irruption," was a legitimate younger son of Sir George Carteret; but a weakling and a rake, yet of " good understanding." He married, in 1673, Frances, daughter of Captain Thomas Delavall. For personalia see Riker. Revised History of Harlem (1904), pp. 322-323, 359-36o. 809, 810-811; Baetjer. Carteret and Bryant Genealogy,
[9]
130 Province of New York
A Draught of a Letter from ye Governor, proposed to bee sent to Cap* James Carterett, read & allowed of to bee Engrossed & sent.
The Direction to bee to Cap* James Carterett, & to those others whom hee shall think fitt to Communicate it to.ff
Cap* Dudley Lovelace to bee the Messeng?, & an Answer to bee desired in Writing at his Returne.1
Cap* Can- The next about Cap* Carr & Delaware, The Ord? made ware ' last Councell about ye Towne 2 & River 3 to bee allowed & sent, a 4
The Continuance of ye Garrison in Pay taken into Con- sideracon, whither there is any Occasion for them or noe any longer.
That they continue as they are till farther OrdT Whore-Kill. The Whore-Kill Returne & Comp^ 5
To advize wth Mf Cousturier 6 & [C]ap* Carr about ye Officers, & about the others [of] ye Gover[nm]ent [102] there to bee vindicated.^/
New York, 1887, pp. 6-7; Brodhead. Hist, of Nt Y., vol. 2, pp. 177, 189-190. For contemporary records on the rebellion see New Jersey Archives, vol. 21. pp. 32, ff.
1 Collateral and Illustrative Documents, No. LXXVII.
2 Newcastle.
* Delaware River.
•Collateral and Illustrative Documents, No. LXX.
9 Henry or Hendrick Cousturier (also Casturier, Cousterie, Coutrie in the records) was one of the burgomasters at the Delaware who swore allegiance to English rule, October i, 1664. He and his wife, Elizabeth, were residents there at the time of the Dutch surrender, and seem to have become temporary residents of New York City soon thereafter, returning to the Delaware in 1669, where he had a lot on the strand hi Newcastle. Cousturier was given letters of denization, on July 8, 1672, and a passport, on July i6th, to go to England and Holland, " having severall Occasions wch call him into Europe for the securing of his Estate & ffortune in those parts " and " to withdraw his Estate out of any of those parts, not hi league wth his Ma1?6 nor under his allegiance, wth Intent to returne hither about his Occasions to his ffamily & Relacons." — General Entries, vol. i, pp. 60, 156; vol. 4, pp. 45, 162, 171- 172; Deeds, vol. 4, p. 87; Records of New Amsterdam, vol. 6, pp. 176-17?-
LrJnZ2io] Executive Council Minutes 131
The Returne from Kingston./ Kingston.
Cornelijs Wijncoop l & Joost Adriaensen,2 to come in New Commissaryes./
The Hempstead Peticon allowed of, that they shall have Hempstead. Liberty to Provide themselves of such a Ministf as the Law approves off.
The Peticon of Mad-nans Neck being considered off, It jMad-naas having been by ye Court of Assizes referred to the Sessions '**«*• Court of Jamaica formerly to enquire what was done therein there, & give ye Governor Acco* of it
Matinicok Petition about Commanage to bee taken into Matinicock Consideration, when it shall bee discourst of wth those of Hempstead, & M? Paine, & Terry; 3 In the mean time Nothing to bee done to their prjudice.4
The Widdow Nevius 5 Peticon about ye fferry to have her The
. r J J Widdow
time renewed for six yeares. Nevius.
To have it respited till the former Conditions bee viewed, & then consider' d of.
1 Cornells Wijncoop, Wyncoop, Wynkoop, and other forms, was formerly a resident of Albany. — Schoonmaker. Hist, of Kingston, p. 494; Early Records of Albany (Pearson), pp. 17, 404, 508; Ulster County Probate Records, vol. i, pp. 32, 38; Wynkoop Genealogy, 3d edition (N. Y., 1904), pp. 9, ff.
8 Also called Joost Adriaensen Vermeulen. He was of Pynaker in Holland. For his family history, wills, etc., see Ulster County Probate Records, vol. i, pp. 29, 30; Collections of N. Y. Hist. Society, 1892, p. 69; Records of Ref. Dutch Church (New York), p. 29; Olde Ulster (magazine), vol. i, p. 350.
8 John Paine and Thomas Terry.
* Collateral and Illustrative Documents, No. L.
• Joannes Nevius married Adriaentje Bleeke or Bleijck, daughter of Swantje Janse and stepdaughter of Cornelis de Potter. He was secretary of New York City from 1657 till 1665. About 1669 or 1670, Nevius obtained the lease of the Brooklyn or Long Island ferry, which he managed until his death, upon which his widow asked for the prolongation of the ferry privileges to her, as revealed more particularly in these council minutes of July i, 1672. For personalia see Joannes Nevius and his Descendants, by A. Van D. Honey- man; Bergen. Kings County Settlers, p. 215; Innes. New Amsterdam and its People, pp. 48-49.
132 Province of New York
Mr Denton. Mr Denton's * Peticon being taken into Consideracon, & a Lett? from him to M? Laurence,2 an Order was made there- upon as followeth. Viz*
TheOrdf [ j-I03-j The pet;con of Mr Daniel Denton being taken into Consideracon, wherein hee desires an Award upon an Arbi- tracon may bee broken as to some Matters in Difference
1 Daniel Denton, oldest son of Rev. Richard Denton, Presbyterian minister at Hempstead, L. I., who began his ministry there in 1644. The son was the first clerk of the newly-formed village of Rust-dorp (Quiet- Village), now Jamaica, L. I.; was one of the representatives of that village at the Hempstead convention in February, 1665, and on March 16, of that year, was commis- sioned by Governor Nicolls a justice of peace for the North Riding of York- shire. He went to London, where, in 1670, he procured the publication of the first separate English account of New York, his well-known booklet, entitled: A Brief Description of New York, formerly called New Netherlands. During his absence his wife, Abigail, proved herself an unfaithful spouse, a fact of which he became aware upon his return. She was presented by the constable and overseers of Jamaica at the court of sessions, held in that town in June, 1672, " accused for her Incontinency, & committing Adultery in y6 absence of her Husband, then about his Occasions in Europe; All wch was too evidently made appeare to ye said Court by many Circumstances as well by her own confession & acknowledgm1 of the ffact." But the court, not having authority to grant a divorce, sent the case to the governor and council, from whom Denton obtained a bill of absolute divorce, on June 26, 1672. In October, of that year, she petitioned the court of assizes, expressed regret for her misconduct, and requested permission to marry again, " fearing yejrailty of her nature, & the Temtacons that may attend her leading of a single Life, as also for her better support & maintenance having a great Charge upon her, & but five shillings per week allowance for her selfe & three Children, besides some small Matter shee can earne by her work." The court adjudged that she ought to have liberty " to marry another person, shee being freed from y6 Obligacon & Tyes of Matrimony to her former Hus- band." Denton's children are mentioned in the will of his father-in-law, Daniel Whitehead, of Jamaica, L. I., proved on October 30, 1704. On October 28, 1664, Denton and associates purchased from the Indians a tract between the Raritan River and Newark Bay, which had been bought earlier by Augustine Herrman. In 1673, upon the reestablishment of the Dutch authority over New Jersey, then named " Achter Col," he was chosen a magistrate of Piscataway. — Brodhead. Hist, of N. Y., vol. i, pp. 615, 619; vol. 2, pp. 49, 67-68, 74, 195, 219; Deeds, vol. 2, p 17; Court >f Assizes, vol. 2, p. 317; General Entries, vol. 4, p. 153; Collections of N. Y. Hist Society, 1892, p. 398.
« Captain William Laurence, of Flushing.
Brief Defcri
NEW-YOR
Formerly Cilled
Ncw-Netherlahclsr
With the Places thereunto Adjoyning;
Together with the
Printed for Jtt* Hi»f^,a t the Hrft Shop ii P*ftt~titil-Alti ia cd WiMtm Br*4tj ic the chtecKbk*
Manner o! its Scituation, Fertility, of the Soyle> Healthfulncfs of the Climate, and the Commodities thence produced.
ALSO Some Dire&ions and Advice to fuchas (Ball go
thither: An Account of what Ownoditiet they (hall
take with them; The Profit and Pleafare thit
may accrew to t'.iern thereby.
LIKEWISE
A Brief RELATION of the Cuftomsof the Indians there.
By DANIEL V fill ON*
LONDON,
UK three ^ibi •• • ia itx Minute*, 1*70. *
TITLE PAGE OF THE FIRST SEPARATE ACCOUNT
OF NEW YORK IN ENGLISH By Daniel Demon, "of Jamaica, ^L. I.
(Slightly reduced.)
bJne7^] Executive Council Minutes 133
between him & Daniel Whitehead without the forfeiture of his Bond, & that the Case may bee heard & adjudged by the Governo^; It is Ordered that y6 whole Matt' & Merritt of the Cause bee referred to the next Court of Sessions at Jamaica, where some of the Councell are to sitt wth ye Justices, & they are to adjudge what is fitt to bee done as to the Arbitration, And if they see Cause may pro- ceed to a Rehearing of the Case & an Examination into the severall Matters in the Petition sett forth, & give Judgment, & Determine the same according to Justice & good Conscience.
By Ordr &c:
A Peticon from Hendrick Rooseboome * the Sexton Hendrick at Albany, that hee might bury Lutherans 2 and all ^ " f there; Albany.
It is thought convenient that since they have a Toleration for their Profession they may bury their own dead.
[104] At a Councell held in Fort
James ye 24^ of June 1672. Present
The GovernoT Cap? Delavall Cap* Steenwijck The Secretary
1 Hendrick Janse Roseboom, sexton and Voorlezer of the Dutch church at Albany. See Pearson. First Settlers of Albany, p. 92.
9 On November 7, 1672, Thomas Delavall, then at Albany, said in full court that Roseboom's request was disallowed and added, " Let the Dead bury their Dead; for with what free conscience can your Precentor go and act for the Lutherans, for they have more ceremonies than the Reformed." — Doc. Hist, of N. Y., vol. 3 (octavo edition), p. 871. On toleration granted to the Lutherans in the colony of New York see General Entries, vol. i, p. 71; Court of Assizes, vol. 2, p. 424; N. Y. Colonial Docs., vol. 2, p. 617.
134 Province of New York
The first thing taken into Consideracon is the Returne from Hempstead of Contribucon & New Election of Con-
Contribu- tion & New Election at ^
Hemp- stable & Overseers.
stead. The returne of Constable is for MT Robert Jackson 39;
for Simon Seryon J 31 Voyces; To the wch Objection is made by Mr John Hicks 2 [sic] & James Pine on behalfe of severall of ye Towne, That Mf Jacksons Votes or the major part of them are of the great Neck, or Mad-Nans Neck,3 who have small parcells of Land & have noe Relation to the Towne, equall wth ye Ancient Inhabitants, some Lotts being divided into severall Shares.
It is demanded if they are ffree-hold1? and consented to; The determinacon being left to ye Governor & Councell.
Mr Jackson The Present Election is allowed of to bee Constable for the
Cap* Sea- mans * » Simon or Symon Seryon, Searing, Seren, Sering, Sirring, whose son, John, married Susannah, daughter of James Pine, in 1671. He was chosen con- stable of Hempstead, April 2, 1681; an overseer, April 2, 1683, and justice of peace, hi 1685. — Hempstead Town Records, vol. i, pp. 180, 329, 450; Court of Assizes, vol. 2, p. 692.
'John Hicks, commissioned by both Nicolls and Lovelace as justice of peace in the North Riding of Yorkshire. He married the widow of John Carman or Carrman, Sr., of Hempstead, and through her, in September, 1671, became involved in a suit with Anna Gerretse, over a bargain for land at Newtown, which had been made between the husband of Anna Gerretse and the late John Carman. The will of Hicks was proved, June 14, 1672, and letters of administration were granted to his son, Thomas, on June i7th. It is evident, therefore, that the appearance of his name in the council minutes of June 24, 1672, is a clerical error, and that his son, Thomas, was one of the objectors, as is actually shown by his name in the margin and in the text, subsequently. — Orders, Warrants, Letters, vol. 2, p. 435; Deeds, vol. 2, p. 19; General Entries, vol. 4, p. 48; Collections of N. Y. Hist. Society, 1892, p. 23.
» At a town meeting of Hempstead, December 14, 1663, " it was agreed upon that Thomas Hickes John Ellison and Thomas Ellison shall have the little neck or poynt of land lying on the east side of Mathew Garrisons bay [named after Martin Gerritsen] which neck is commonly called mad Nans Neck," provided they would " fforth with goe and possess and build upon the said land." — Hempstead Town Records, vol. i, p. 148. For other refer- ences see ibid, pp. 142, 165, 231, 243; Deeds, vol. 2, p. 60. 4 Captain John Seaman.
Executive Council Minutes 135
ensueing yeare, both Partyes being call'd together, & their j: Smith. Allegations heard, noe materiall Objection being made [105] B-* against it; It is thought fitt ye Inhabitants of Mad-nans Neck james shall have their Votes for the Election of Constable & Over- Pine, seers, they being capacitated by the Law to give their Votes as ffree-holders; for the Proposall of their being a Village abstracted from the Towne of Hempstead, & to have Officers of their own; It shall bee taken into farther Consideration.*
As to ye Returne of ye Voluntary Contribution towards The Re- the Reparation of y6 ffort, It being read, It was very well tu£ie ^ a approved of, & Ordered, That Thanks should bee given 6i: °2 :o° them for their forwardness therein, the wch is to bee Recorded.
flushing Returnes — 2Ott: 15": 06*. m «slf d
Thomas Hunt JunF to bee releast upon giving good 2°: I5 6 Security of 200* for good Behavior & Appearance at the Hunt next Co? of Assizes, when hee is to receive the Sentence of that Court for his Crime.3
The Tincker Gerrit Trevis 4 to bee releast upon Security
Trevis.
»This marginal record is erroneous, and should be " J: Smith. R." John Smith, of Hempstead, familiarly called " Rock Smith," was a tavern keeper. Family tradition says that he got his sobriquet while living in New England, where he built a house in which he used a rock for the back of his fireplace. In his will, dated May 10, 1695, he calls himself " John Smith, Sr., of Hemp- stead hi Queens County, yeoman," and he names his wife, Hannah Treadwell. The will was proved on April 3, 1706, and an inventory of his estate was exhibited by his widow, on October 3d. — Pelletreau. Wills of the Smith Families of New York and Long Island, pp. viii, 8; Deeds, vol. 2, p. 28; Collections of N. Y. Hist. Society, 1892, pp. 326, 419-421. For a sketch of him see N. Y. Geneal. and Biog. Record, vol. 30, pp. 200—203.
1 Son of John Hicks.
1 He was bound over to the court of assizes of October, 1672, charged with stealing hogs, as shown more particularly in a former note. — Court of Assizes, vol. 2, pp. 290, 298.
4 Gerrit Trevis was bound over by presentment to the court of assizes of October, 1672, by the court of sessions at Jamaica, " upon Suspition of ffelony." He put in a petition at the assizes, " desiring that hee may continue in his Land, & that his Bond bee cancell'd for his Appearance to this Court." It was objected that he had never paid for the land, which " belongs to Mr Hicks," probably John Hicks, of Hempstead. Trevis was ordered to
136
Province of New York
1672 1 Fune 24 J
Commis- sion for Indyn Affayres to stand in force.
Com",*5 about ye Fort Con- tribucon.
Comnr? Names.
of fifty pound for the good Behaviour & his Appearance at the Assizes, that hee remove from the Place hee late lived at neare M?5 Bridges,1 & [en]ter into Engager^ not to enter- taine any of her Negroes Servants.
[106] The Matter about ye Regulation of ye Whale ffishing referr'd to Mr Dela vails Determinacon according to what was proposed at his being there.2
The Commission for ye Indian Affayres soe farr to con- tinue in fforce as shall relate to keep ye Indyans in good OrdF; But as to any Matter of difference of meum and tuum or Trespasse, That it bee decided by the next Justice of the Peace, and Constable & Overseers of the Towne, where ye Cause of Action shall arise; but if the Action bee of above 5^ they may Appeale to ye next Court of Sessions.3
Commission? to bee appointed to receive the Contribution Money towards the {Fortifications, & to manage it to the best Advantage for payment of the Workmen.4
Their Names are Tho: Lovelace Escp5 Cap? Rich? Morris6
be committed; yet, later in the session of the court of assizes, was released because nothing had been proved against him. — Court of Assizes, vol. 2, pp. 290, 298, 312.
1 Mrs. Charles (Sarah Cornell) Bridges, of Flushing.
» Collateral and Illustrative Documents, No. LXXII.
» Collateral and Illustrative Documents, No. LXXI.
« Collateral and Illustrative Documents, No. LXXV. Lovelace's appeal for contributions from the citizens of New York was read hi the mayor's court, on July 3, 1672, and the court " ordered that several of the Cheif Inhabitants should be Listed and desired to appeare in Court next morning." Accord- ingly, several persons appeared and were bidden to make a voluntary con- tribution and did so. — Records of New Amsterdam, vol. 6, p. 382.
'Thomas Lovelace, brother of the governor, was at this time one of the aldermen of New York City.
•Captain Richard Morris, of Westchester, and a merchant in New York City. He died intestate, in 1672, soon after his appointment on this com- mission, leaving an only son, Lewis, an infant. For an account of him and his lineage, see Bolton. Hist, of the County of Westchester (1881 edition), vol. 2, pp. 455-478; Riker. Revised Hist, of Harlem (1904), pp. 283-284; American Historical Magazine, vol. i (1906), pp. 25, fif.
, (f^J,,m^' 1%' C-^'-/^;< ffj^Mit* *s&
yiffcy^^vrtf. I j£ co^H-wi? w^fcrc^ ^ *faf**fUfa to .<fo7T\ m/<nr<°. j /^(y^> Qtb . \ SO/f / CM to a*ty/ ^OWcrMfr+ffMjffn
A PAGE OF THE COUNCIL MINUTES SHOWING
LOWER QUARTER ROTTEN AND
WRITING EADED.
(Reduced from 11 V2 by 7V4 inches.)
Executive Council Minutes 137
Cap? Jn? Manning High Sher.1 Mr Gibbs.2 Mr Allard Anthony.3 Mr Thorn: Rombout.4
A new Ordr to bee made against Transportation of Corne, Transpor-
tacon of Corne.
grounded upon the Ordr of ye Court of Assizes.5
1 Captain John Manning had been sheriff of New York City from July 24, 1667, until succeeded by Allard Anthony, on October 13, 1670. Lovelace commissioned him high sheriff of Yorkshire, on September 7, 1671, in suc- cession to Robert Coe, until June 30, 1672, and again until June 30, 1673. He held other posts of great responsibility in New York City, on Long Island and at Albany, during the administrations of Nicolls and Lovelace. In February, 1668, Nicolls granted to him Hog Island, which became known as Manning's Island, and is now" called Blackwell's Island, in the East River of New York City. — Orders, Warrants, Letters, vol. 2, pp. 176, 215, 216, 227, 243, 434; Records of New Amsterdam, vol. 6, p. 201 ; Court of Assizes, vol. 2, pp. 409, 421-422, 429, 571, 598; General Entries, vol. 4, pp. 26, 201 ; Brodhead. Hist, of N. Y., vol. 2, pp. 45, 46, 74, 87, 138, 182. * Thomas Gibbs or Gybbs was a merchant of New York City. 1 Allard Anthony had been a schepen and schout of New Amsterdam. On June 12, 1665, he was appointed by Governor Nicolls the first sheriff under the new form of government for New York City. He had taken the oath of allegiance and was made a free denizen on the preceding January i6th. Anthony was sheriff until succeeded by Captain John Manning, on July 24, 1667, and he, in turn, succeeded Manning as sheriff, on October 13, 1670, and was in that office when appointed a member of the commission for receiving contributions for the repair of the fort. — General Entries, vol. i, pp. 121, 139; vol. 4, pp. 53, 220; Court of Assizes, vol. 2, pp. 429, 598; Orders, Warrants, Letters, vol. 2, pp. 75, 161, 176; Records of New Amsterdam, vol. 6, pp. 261- 262; Brodhead. Hist, of N. Y., vol. i, p. 548.
4 This is a clerical error for Francis or Francois Rombout or Rombouts, who was appointed an alderman of New York City, on October 13, 1672. — General Entries, vol. 4, p. 220. The correct name appears in the comirission, for which see Collateral and Illustrative Documents, No. LXXV. Rombouts married Aeltje Wessels, on May 31, 1665. — Records of R. D. Church, Mar- riages, p. 31.
• Collateral and Illustrative Documents, No. XLL At the following court of assizes, October, 1672, it was ordered, " That y6 Prohibicon for y6 Trans- portation of Corne for this yeare bee repealed; & it shall bee lawfull for any Man to transport Corne to Boston, or any place out of the Governing as long as the price of Merchantable Winter Wheat shall be 4s : 6? & Summer Wheat 4s in Silver or above, but not under that price, upon the penalty of forfeiting the Value of what they shall soe dispose of; And what Strangers shall come to purchase Corn here, they shall not buy it under 4§ & 3? : 6? in Silver, or Goods Equivalent upon like Penalty." — Court of Assizes, vol. 2, p. 323.
138
Province of New York
r 1672 i
LJune 24J
Gravesnd & Vtrecht Bounds.
Cap* Car-
teretts
Letter.
The OrdT about ye Election of Constab : & Over- seers at Hemp- stead.
The Bounds of Gravesand & New- Vtrecht; 1 Commission? to View & Report to ye Governor to bee con- sider* d of another time in its due Season.
The Lett' to Cap* Carterett 2 & his Answr read & con- sidered of; The Lett1? Ordered to bee Recorded, but not thought convenient to interpose in the Affayre any further.*3
[107] In prosecucon of ye Ord? of ye late Co1? of Sessions held at Jamaica for a new Election of Constable & Over- seers for the Towne of Hempstead, the Returne whereof was to bee made to his Honor the Governor for his Approbation; The Inhabit1.8 having accordingly proceeded therein, & made their Returne, wherein MT Robert Jackson late Constable there hath the major Vote to continue in that Employment for the yeare ensueing; Against the which severall Objec- tions being made by M? Thomas Hicks & James Pine on the behalfe of themselves & others of the Towne, In regard severall of ye Voices given for him were of the Inhabitants of Mad-Nans Neck, who were supposed not to have Priveledge to give their Votes as to Election of those Officers; Vpon hearing the Matter debated, & ye severall Allegations on both sides, The said Choice and Election is allowed & approved of, as also that John Smith Rock Sen? & Jn? Carrman 4 bee Overseers, having likewise the major Vote; The Objec- tions being not adjudged sufficiently materiall to debarr the Inhabitants of the Neck aforesaid of their Votes in Election of the Towne Officers, since that they are freeholders, & have dependance on the Towne, within whose Lymits & Jurisdiction they are. As to the Proposall of their being
1 On the dispute over boundary, see General Entries, vol. i, p. 38.
2 Captain James Carteret.
1 Collateral and Illustrative Documents, No. LXXVII.
4 Son of John Carman or Carrman, deceased. His father was one of the six persons to whom Director General Kieft granted a patent for the Hemp- stead lands, on November 16, 1644 (N. S.). — Deeds, vol. 2, pp. 129-134; vol. 3, pp. 100-104; Hempstead Town Records, vol. i, p. 7
[fSl\] Executive Council Minutes 139
made a Village abstracted from the Towne, & to have Officers of their own, there being noe Addresse made for the same, & the Convenience or Inconvenience thereof not appearing, It lyes not under this pTsent Consideracon.
By Ordr &c:
[108] The Returne of the Inhabitants of Hempstead as Hemp- to their Voluntary Contribucon towards the Reparation of stead Con- the ffort * being prsented to the Governor & read; It was very The well approved of, And Ordered that Thanks should bee given them for their good Example & forwardnesse therein, the which is to bee Recorded.
By Ord' &c:
At a Councell held at Fort
James, July ye i8.1 1672. Present
The Governor Cap:Delavall Cap: Steenwijck The Secretar
About ye Contribucon of ye City towards the ffortification,
The Governor will please to write a Letter To morrow to the Court, Vpon ye Consideracon whereof, It shall bee determined how & what manner to propose & direct the most convenient way to raise a Contribution.2
The Lett? of Returne from ye East end of Long Island about a Contribucon towards the ffortificacons.3
[109] The Governor will make Answ? to their Lett?, wherein
1 Collateral and Illustrative Documents, No. LXXV.
'Collateral and Illustrative Documents, No. LXXV. The reference to "Court" is, of course, to the mayor's court of New York City.
140
Province of New York
r '672 i
L July i J
Whore- Kffl.
The Ordr upon Dan: Brown.
hee will take Notice of the meannesse of their Contribucon & the seeming Condition of it.
The Businesse of the Whorekill about a disturbance there from Maryland.1
Mr ffletcher 2 makes good by word of Mouth what hee sett his hand to against Daniel Browne 3 for his Abusive Language against the Dukes Interest.
It is Attested by the Commissaryes & others from thence.
Ordered, That Daniel Browne shall Enter into a Recog- nizance of 20? for ye good Behavio? &c: wch Order was as followeth —
WHEREAS Daniel Browne a Planter at the Whore-Kill in Delaware Bay was Committed & sent a Prisoner hither by ye Magistrates there for contemning ye Authority of their Court held by Approbacon of the Governor, under the pro- tection of his Royall Highness together wth severall other Abuses & Misdemeano1?, for the wch hee hath exprest a great deale of sorrow, acknowledging his ffault, wth Promise of deporting himselfe better for the future. And the said Daniel Browne alledging it will bee his Ruine, if hee returne not back speedily to his Habitacon, both in regard of a Crop[pe] of Tobacco hee hath [no] & some Corne wc.h will bee all lost without his Attendance on it, and Care thereof; The Premisses being taken into Consideration, It is Ordered, That a Letter of Thanks bee sent to the Magistrates at the Whore-Kill for their Vigilancy & Care herein, & likewise
1 Collateral and Illustrative Documents, No. LXX.
8 Notwithstanding considerable effort, the identity of this Fletcher has not been determined.
» A tract of land was laid out for him, subsequent to his release, " upon pagans Creeke neare the Whor Kill," which was called Tower Hill.— Original Land Titles in Delaware, p. 85. See also Brodhead. Hist, of N. Y., vol. 2, p. 190. He was under-sheriff and constable at the Whorekill, in 1674-1675. — N. Y. Colonial MSS., vol. 20, p. 138. In 1679 he received an irregular license to marry Susan Garland, widow, although he was accused of con- fessing that he had a wife living in England. — Ibid, vol. 21, p. 62.
Executive Council Minutes 141
that the said Daniel Browne be releast from his Imprisoning hee Entring into a Recognizance before his departure of 20 H to bee of the Peace and the good Behaviour towards his Neighbours, & towards all his Ma*.63 Subjects & Leige People, the w°h if hee presume to breake that hee bee then againe seized upon & sent Prisoner to this Place, there to receive Condigne Punishm* according to the Nature of his Offence over & above the Suine afore-mentioned to bee Levyed upon his Goods & Chattells, if soe much shall happen to bee found.. And the said Daniel Browne is likewise at his Returne to acknowledge his ffault, & ask pardon of the Magistrates at the Whore-Kill for his Misdemeanor By Qrdr &c.
As to ye Request from the Whore-Kill to repayre their whorekffl Losses & Damages susteyned by ye Privateers, that they may Request. lay an Imposition upon Strong Liquo7? sold there. This Order was made.1
The Request of ye Magistrates at the Whorekill being \ The Answr taken into Consideration, wherein t[h]ey desire, that for reperacon of the Damages & [in] Losses they susteyned by the Privateers the last Winter, they may bee permitted to lay an Imposition upon Strong Liquo1?, It is allowed of & consented unto, and the Magistrates there have hereby power to Levy & receive upon each Anckor of Strong Liquo1? spent or disposed of amongst them the Value of foure Guild1? in Wamp™, & this to continue for one yeare only after this shall come to the said Magistrates hands, untill the Conveniency or Inconveniency thereof shall better
appeare.
By Ordr &c.
> Collateral and Illustrative Documents, No. LXX.
142
Province of New York
r 1672 i
L July i j
The Answf & Order.
The Bakers The Bakers Request about goeing to Milford to grinde
Request. Corne, — had this Order thereupon — 1
Vpon the Request of severall of the Bakers of this City, That they may have Liberty to send their Corne to the Mill, at Milford, or some other Places, out of this Government, In regard that they cannot have sufficient quantity es of Corne ground nearer home to supply their prsent Want for ye Shipping outward bound & such like Occasions; It is thought fitt, That their Request shall bee granted at this particular Juncture of time, Provided That they Enter into Bond to the Collector of the Customes,2 & give Security that they shall bring back in ffloure or Meale the whole Produce of such Corne they shall carry out of the wch the Haven-Master 3 is to make Inspection. But if it shall here- after [112] bee made appeare that they doe fraudulently Convey the Corne elsewhere, then they shall bee lyable to such Censure & Penalty as in the Act of the last Gena.u Co1? of Assizes touching the Prohibicon of Transportation of Corne is sett forth. gy Qrdr &c.
Mr Paine. M? Paines Busynesse & Dispatch. In Answ? to their Lettr.4
The first part is effected in recommending Assistance to
1 Collateral and Illustrative Documents, No. XLL
2 Cornells van Ruyven was collector of customs; Isaac Bedlow was comp- troller of customs, and Nicholas Bayard was surveyor of customs. For their respective duties see N. Y. Colonial MSS., vol. 22, pp. 51-53. The " pack- huijs " or storehouse of the West India Company became, after the capture of 1664, the custom house of the English administration. — Innes. New Amsterdam, p. 53.
» Philip Johns.
4 Collateral and Illustrative Documents, No. LXXVIII. John Paine and Prudence Island, in Narragansett Bay. Cf. Brodhead. Hist, of N. Y., vol. 2, pp. 188-189. Paine came over with Governor Nicolls as a soldier in Colonel George Cartwright's company, in 1664. He received his discharge from regular military service, on April 18, 1665. — General Entries, vol. i, p. no.
[/iSM Executive Council Minutes 143
bee given to Mr Paine in his Discovery. The latter part is to bee Answered.
In ye meane time to bee suspended till M? Paine gives in his further Proposalls & Resolutions.
Mre Nevius Peticon; It's granted. The old Condi cons to Mre Nevius bee observed punctually as her Husband had it. An Ordf Petie°n- thereupon — viz*
The Peticon of Ariantie Bleeke ye Widdow of Joannes TheOrdr Nevius deceased who lately held the fferry from Island1 Ans to this City, being taken into Consideracon wherein shee desires, In regard of the great Charge & Expence her Hus- band had been at in providing sufficient Boates & other Necessaryes about the fferry, as also of the great paines & Labour hee was at to give Satisfaction to all persons, & having now left the Peticoner a [dis]con[sol]ate Wi[d]dow wth six small helplesse [113] Children, That two yeares time of the Six being expired, his Hono^ would bee pleased to renew the Lease of the said fferry for six yeares after ye Date hereof unto the Peticoner her Heyres or Assignes, upon the Con- ditions & Termes her said late Husband was to have the same; The Request of the said Widdow is hereby Granted, & it is allowed of, & is at her Liberty (if shee see Cause) to dispose of her time in the said fferry for six yeares to come to any percon or persons fitt & capable to maintaine the same; that said Person or Persons performing ye Conditions or Termes made by the said Johannes Nevius deceased, & behaving himselfe diligently & carefully in the said Employm* as hee ought to doe, & as becomes the Trust reposed in him.
By Ordr of the Governor & Councell —
The Agreem* between Newtowne & Boswijck before Mr Dela- vall, MrNicolls, & Cap? Jacques Cortelijau, To bee Confirmed.2
1 Long Island.
* Collateral and Illustrative Documents, No. VIII.
The
Agreem* of Newtown & Boswick.
144
Province of New York
Lre from Cap Car- terett &c:
The Dec- laracon of Warr. When to bee pub- lisht.
Time to fortify.
A Lett? from Cap? Carterett l about a Suspicion of a Plott amongst ye Indyans to cutt offye English & to fall upon New Yorke: It is related by a Woman, who pretends shee heard some Indyans discourse it.
[114] That a Lettf of Thanks bee return'd to Cap? Cart- erett for his sending; And that an Eye bee had over the Motion of the Indyans./
At a Councell held at Fort James in New Yorke ye 6th day of July 1672.
Pres*
The GovernoT Cap? De-Lavali Cap* Steenwijck The Secretar.
His Mat{.e3 LettT & Declaracon about the Warr being read.2
Tuesday next about 10 or n of ye Clock before Noone is appointed to make Proclamation of the Warr at the ffort- Gate & State house.3
As to ye Paragraph of seizing upon ye Ships, Goods & Estates belonging to the States Gena" there, that the best Method shall bee considered of, & putt in Execution in due Season.4
To ye Point of putting ye Place & Countrey into a [pjosture of Defence, In regard of the danger [115] that may bee
1 Captain James Carteret.
1 Collateral and Illustrative Documents, No. LXXIX.
1 On July Qth, the mayor's court of New York City received an order from Lovelace, " together with a Declaration of Warr ag?* the States General of the United Provinces, dated at Whitehal the 4^ [sic] of April 1671/2, to declare & Publish Warre against the s? States, according to the Temtf of s? declaration; Which this day accordingly is done from the State house in this Citty." — Records of New Amsterdam, vol. 6, p. 382.
« Collateral and Illustrative Documents, No. LXXIX.
USZ'J
Executive Council Minutes
expected by Shipps preparing for the West Indyes from Holland & Zealand;
The former Resolutions of the (Fortifying this place to bee Vigorously prosecuted.1
To follow such Directions as shall bee sent from his Royall Highness, when they come.f
To Consider of some Persons to bee Added to the [Councell
Councell — 2 Uo bee en-
Pres*
At a Councell held at Fort James Sep* 6^ 1672.
The GovernoT Cap* Delavall Cap* Steenwijck The Secretary.
What past about Delaware, ye Whorekill,3 & Mr Paine both as to ye Massachusetts & Rhode Island,4 discourst, read, & Approved of.
That it bee left to Mr Delavall in his goeing to Boston to call in at Rhode Island & make [116] Enquiry about ye Mattr, & when there to discourse & reason the Case with them, about Mr Paines5 Imprisonment, & binding over in a Recognizance, of wch to make Report at his Returne.i
The Commissaryes Letter about ye handling at Schanech- tide 8 was taken into Consideration; It was brought downe
1 Collateral and Illustrative Documents, No. LXXV.
1 The council seems not to have been enlarged.
» Collateral and Illustrative Documents, No. LXX.
« Collateral and Illustrative Documents, No. LXXVIII
» John Paine.
• Collateral and Illustrative Documents, No. LXXX. For an earlier order, June 7, 1669, prohibiting trading with Indians at Schenectady, see Orders, Warrants, Letters, vol. 2, p. 431. [10]
sevrall things read.
fMf Paine | as to his J Imprison^
at Rhode
Island.
Schanech- tide about handling.
146 Province of New York [s&7.26]
by Cap* Salisbury; l There was also two Requests, one from Schanechtade, 'tother from Albany, brought by Mi" Delavall made to him & the Commissaryes, when above wth the Appostill's thereupon.
An Ord' ] por Schanechtide, It is Ordered —
echtide.al That for Redresse of small Grievances by Trespass, Debt or otherwise, They shall have a Towne Court to try all such Causes to the Value of one hundred Guild1?, the persons who shall try the same to bee two to bee nominated by the Gov- ernoT out of three to bee chosen amongst themselves annually; but for greater Sumes to have Application as formerly to the Co? of Commissaryes at Albany; 2 As to the MattT of Trade with Indyans or others there, they are to bee Regu- ated by the Ordrs made by the Governor & Councell the last Summer at Albany till further Ord?
An Ordr } For ye Inhabit*.3 of ye lower part of Albany, about their
for Albany.) having a New House built upon the Common by the South- side of the Towne, for the Mahicandr.s Indyans, & others that shall come th[e]re, It is thought fitt & Ordered That Liberty [117] bee granted to ye Inhabit1.8 of ye lower part of the Towne to Erect such a House to ye East of ye South- Gate upon the said Common in some Convenient place to bee laid out by Cap* Salisbury and the Commissaryes, but
1 Captain Sylvester Salisbury. He had succeeded Captain John Baker, in July, 1670, as commander of the fort at Albany. On October i, 1672, he was commissioned " Justice of the peace at Fort Albany, & parts adjacent." — General Entries, vol. 4, p. 213. Salisbury was granted a marriage license, on January 10, 1669/70, to Elizabeth Beek, sister-in-law of Pieter Jacobsen Marius. His will, dated August 26, 1679, mentions his wife and three children, and his widow was confirmed as executrix, March 12, 1680. She was after- wards married to Dr. Cornelis van Dyck, of Albany, and after his death was married a third time, to Captain George Bradshaw, whom she also survived. — Court of Assizes, vol. 2, p. 450; Collections of N. Y. Hist. Society, 1892, pp. 66-67, 207, 211, 292, 356; Pearson. Early Records of Albany, pp. 69» 97-
» Jan Hendrickse van Bael and Gerrit van Slichtenhorst were at this time commissaries of Albany.
Executive Council Minutes 147
not that hereby any Persons doe presume to Erect Handling Houses or Hutts there, upon this or the like prtext.
And that ye Ord? heretofore made for ye Hutts on the Hill 1 to bee Erected into Dwell inge Houses bee putt in Exe- cution, soe that they bee Inhabited both Winter & Summer; Withall that those who leave them in the Winter shall not bee permitted to handle there in the Summer. j
The Peticon of M^Smith to bee referred to the Assizes2 — Mr Smith as by ye following Ord' &c: quake.
Vpon ye Peticon of Rich? Smith of Nesaquake, That for Peticon. severall Reasons by him given hee might have a Review or j The Ordr Rehearing of his Case between him & the Inhabitants Orthereupon- Huntington, there appearing many Difficultyes therein, for that it had before been heard in two diverse Courts; It was Ordered that it bee referred to a full Bench at the Generall Court of Assizes to give their Judgment & Opinion therein, whither their Case shall have a Re-hearing or noe upon ye Reasons & suggestions given in, Whereunto both ye said Rich? Smith & the Inhabitants of Huntington are to stand and abide.
By Ordr &c. fMr ^
I bells differ-
[118] The Reports of M? Lovelace & Cap? Manning about-! ence- Mr Richbells Difference with his Neighbo1?, & their Recon-j^* ciling it Allowed of.3 [thereof.
Mr Riders & Mr Gibb's the like at ffordham.* Mr Ridf &
Mr Gibbs.
1 "Along Broadway and State street, which was called the Hill." — Pearson' Early Records of Albany, p. 13.
1 Collateral and Illustrative Documents, No. XXV.
•Collateral and Illustrative Documents, No. LXXXI. Captain John Manning, Thomas Lovelace and John Rider had been appointed by the governor to report on this case.
« Collateral and Illustrative Documents, No. LXXXII; also No. III. John Rider and Thomas Gibbs had been chosen by the governor to report on this case. On April 10, 1673, John Rider was sworn steward of the Manor of Fordham, " duly to Administer Justice " there. — General Entries, vol. 4, p. 278.
148
Province of New York
LSept26j
Tho: Petit about a Divorce.
Countrey Rates to continue as before.
The House in y6 Fort at Albany to bee
repaird.
Thomas Pettit's Businesse about a Divorce to bee deferr'd till his wife bee brought to make Answer.1
As to ye New Countrey Rate for ye yeare ensueing — Notwithstanding Delaware Charges yet only to Continue the i? in the po? as before, in regard of the Voluntary Contribution lately made &c: but that it bee recom- mended to ye Co1?3 of Assizes & Sessions to moderate the Expences; And at the Assizes to take off Wolves and Hue & Cryes.2
An Ord? for ye Reparacon of ye House in the ffort at Albany & a New Kitchin discourst of by Mr Delavall to the Governor in Councell, allow' d of. — Vide ye Order.* *
» Collateral and Illustrative Documents, No. LXXXIII. Thomas Petit, Petitt, Pettit, of Newtown, L. I., charged his wife, " Sarah Perry als Pettit," at the court of assizes, in October, 1672, with " frequent committing of Adultery, wch before diverse persons shee hath had the Impudence to avow without any apparent Cause given by her husband, for the wch hee hath made Suite that hee may bee divorced from her; And there having been Proof e made in CoT*, That y6 s? Sarah Wife of ye said Thomas had Legall Summons & timely notice to make her appearance in this Co1? in her Defence if shee had any thing to say in her Justificacon against what shee stood accused of, but hath either refused or neglected to doe the same; The Premises being taken into Consideracon, and the Proofs & Evidences appearing very plaine against the said Sarah, The Co1? doth adjudge & think it reasonable that the said Thomas Pettit should have a Bill of Divorce from the said Sarah his Wife, the w°h the Co1? cloth recommend to ye Goverao!, & doe likewise Order, That whensoever y6 said Sarah shall bee found within this Governm*, shee shall bee committed to Prison, there to remaine untill the next Co1? of Sessions or Assizes, when she? shall bee prosecuted & receive punishm* as the Law doth direct for the Crime of Adultery." Before this decision has been rendered, the complaint had been referred " to some of the Bench to examine into, & report their Judgm*3 hereupon." The husband, of course, was granted an absolute divorce. — Court of Assizes, vol. 2, pp. 291, 299, 316.
* At the court of assizes, of October, 1672, the rates were modified for the several towns on Long Island, wolves being " discounted wth ye Constables within whose limitts " they were killed. — N. Y. Colonial MSS., vol. 22, p. 142 (Article 2).
« Collateral and Illustrative Documents, No. LXXXIV.
r 1672 i
LJVOV. IQJ
Executive Council Minutes
149
Present
[119] At a Councell held at Fort James in New York the I9l.h Novem: 1672.
ane
The Governof M? Steenwijck The Secretary.
The Mattf first under Consideracon was the Complaint & Petitions of John Jennings * & William Jane of Soutfcon about Jn° Coopers Evill Words against the Governing & afs' jn? Cap? Howells 2 & MT Mulfords 3 Justification of what they Co°PeT- have done.4
A Peticon brought in by Jn? Jennings about his being bound over to the Sessions.
Another from William Jane to ye same Purpose.
The Depositions of William Jane & Thomas Travally 5 read, about Jn? Coopers Scandalous Words.
William Jane sworne to it here, there being Supposition the former Oath before Jn? Jennings to bee invalid, hee being not an Officer capacitated for it.
Thomas Travally not prsent here, but ye Justice is to bee sent to for his Oath likewise.
1 John Jennings " of North-Sea within ye Jurisdiction of South-Hampton " -*as " Marshall & Cryer at y6 Court of Sessions," hi the East Riding of York- shire for several years and received Lovelace's confirmation in the post, August n, 1671. — General Entries, vol. 4, p. 13. For an order increasing his fees as marshal, October 17, 1672, see ibid, p. 219. For the family history see Howell. Early History of Southampton, L. I., second edition, pp. 330, ft".
* Captain John Howell, of Southampton, L. I., one of the justices of peace for the East Riding of Yorkshire. For the genealogy see HowelTs South- ampton, second edition, p. 302.
•John Mulford, of East Hampton, L. I., one of the justices of peace for the East Riding of Yorkshire.
« Collateral and Illustrative Documents, No. LXXXV.
•The name is spelled variously in the records, as Trevaly, Trevally, Tro- vally. — Records of Southampton, vol. 2, pp. 92, 257, 262, 263, 329. See also Howell's Southampton, second edition, p. 439.
Province of New York
1672
ov. i
TheOrdf about Jn? Cooper.
Wm Braw- ley's De- posicon.
Jn? Jen- nings Cus- tomer.
Edw?
Petty ye
like.
Concerning ye wch & ye other Deposicons against John Cooper. This Ordr was made viz?
Vpon Perusall & Consideration had of the Testimonyes of William Jane & Thomas Travally [120] wherein is sett forth that Jn? Cooper hath spoken words tending to ye Defamation ofye Governor & this his R: H? his Governmn*, the wch thesd Wm Jane hath been sworne to before ye Governor&his Coun- cell, It is Ordered, That the Oath of Thomas Travally bee taken likewise to his Testimony by the Justice of ye peace at Southton, & that Jn? Cooper bee bound over to make AnswT to what shall bee layd to his Charge about this Matt? at the next Co? of Sessions; where if what shall bee alledged against him doe appeare to bee true, That then hee bee bound over by that CoT* to the Court of Assizes, of all wch an Account is to bee Rendred unto his HonoT ye Governed
By Ordr &c:
Wm Brawley that came from thence in Cap* Delavalls Ketch 1 when Cap* Wasslyn was there, can testify the same that Thomas Travally hath declared concerning the charge against this Cooper.
Jn? Jennings recommended to bee Customer at Southton wth Jn? Laughton.2
Edward Petty of Southold 3
1 The name of the ketch was " Rebeckah ."
Collateral and Illustrative Documents, No. XXIX. John Laughton received a license from Governor Lovelace, on June 19, 1669, for one year, to pay Indians in liquors and powder for their labor in whaling operations. This license was renewed from time to time, among the renewals being that of November 20, 1672, when John Jennings received a like license, jointly with Laughton. — Orders, Warranis, Letters, vol. 2, p. 440; General Entries, vol. 4, pp. 20, 232. The instructions of Laughton, as sub-collector of South- ampton and places adjacent, hi 1670, are in Court of Assizes, vol. 2, p. 552. In Records of East- Hampton, vol. i, p. 380, we find one John Laughton appointed, on August 10, 1675, schoolmaster of that town.
•Collateral and Illustrative Documents, No. XXIX. Edward Petty was granted a home lot from the town of Southold, on February 3, 1658/9 He
Executive Council Minutes 151
Wm Per- W1? Perkins of East-Hampton.1 kins the
like. Capfc Howells Commission to bee renewed for one yeare c^t
ore.2 Howdl's
Commis?
MT. Jennings Busynesse about his Bargaine to bee [hjeard renewd- Sessions.
[121] Mr Melijen's Peticon about ye unloading of his Isaack
Melijen & y6 Ship Expectac- tion [sic]
Ship 3 to see what Damage is done, that it may bee deter- mined here, being taken into Consideracon hath this Ordr
thereupon viz* ^
Vpon a Peticon prferrd to the GovernoT & Councell by The Ordr Mr Isaack Melijen, That hee may have Lycence to unload about
i TT i 11 /-i Melyen &
his Ship, soe that a prsent Value may upon equall Charge hisVessell. bee putt upon ye Damage the Goods on board his Shipp may have receiv'd by the late Casualty of ye Sea, shee having sprung a Leake; It is Ordered That ye Difference between the Ownr.s & ffreighters concerning the said Damage shall bee tryed & determined here in this Place where it was receiv'd; In Ordf whereunto It is recommended to foure able & indifferent Persons who are desired to Examine & make Inspection into the Matter aforesaid, & if possible wth their best Skill & Judgm*3 to Endeavour a Composure; But in case they cannot make an Accord between them, That then they forthwith transmitt ye Matter back againe to ye Governo^ & Councell, who will make such Determination therein as shall bee consonant to Equity & good Conscience.
By Ordr&c:
was a ship carpenter, in which trade several of his sons followed him. About 1688, he sold his house and land and removed to Oyster Ponds, now Orient, in the town of Southold, settling on a farm. — Town Records of Southold, vol. i, pp. 82, 314, 342.
1 Collateral and Illustrative Documents, No. XXIX. * Ibid.
« Collateral and Illustrative Documents, No. LV.
152 Province of New York Uv.7%]
The persons desired to take this trouble upon them are Mr Jn? Laurence 1 Mayor of this City, Cap* Isaack Bedloo 2 Alderman, Cap^ Johannes Van Brugh,3 & M? Jacob Leysler,4 who are to meet about it wth all convenient Expedition to avoid Demurrage.
Laurence was one of the first group of aldermen appointed by Governor Nicolls, under the new form of government for New York City, on June 12, 1665, and sat in the board until the end of the administration of Nicolls, in August, 1668. By appointment from Governor Lovelace, he was a member of the board, from October 9, 1669, until October 13, 1672, on which date he was commissioned as mayor of the city for one year, but his term was cut short by the surrender of the city to the Dutch in 1673. During his last aldermanic term, October 13, 1671, until October 13, 1672, Laurence held the title of deputy mayor. His will was proved, May 15, 1699, and letters of administration were granted to his widow, Susannah. — General Entries, vol. I, p. 121; vol. 4, pp. 53, 220; Orders Warrants, letters, vol. 2, pp. 75, 161, 176, 215-216; Court of Assizes, vol. 2, pp. 261, 294, 331, 421, 429, 571, 598; Records of New Amsterdam, vol. 6, pp. 201, 261-262, 333; Collections of New York Hist. Society, 1892, p. 307; Historical Genealogy of the Lawrence Family. New York, 1858, pp. 21-22.
* Isaac Bedlow, Bedloo or Bedloe, was an alderman of New York City from July 24, 1667, until October 9, 1669; again from October 13, 1670, until his death in February, 1673, and was succeeded by Oloff Stevensen van Cortlandt, on March nth of that year. He was commissioned, on May i, 1668, " Comptroller of his Ma1?65 Customes for this Port of New York, & y6 rest of his Royal H^s Territoryes," continuing in that post under Lovelace. On August 19, 1670, Lovelace gave the new name of " Love Island " to a " Certaine Little Island in y? Bay neare this Citty comonly called Oyster Island," for which Bedlow had had " a Patent graunted by Cott Richard Nicolls," and the island was made " a Priviledged place where no warrant of Attachm* or arrest shall be of force or be served unlesse it be by y? gov- ernoT8 spe[c]iall warrant in Cases of breach of y? peace or Cryminall Mattr?" This is the island yet known as Bedloes Island, in New York harbor. He died intestate. A commission was appointed, on April 10, 1673, " to supervize, State, & Audit " his books and accounts, and, on August 9, 1675, his widow, Elizabeth, daughter of Cornelis de Potter, having been sued by some of his creditors, was upon her application appointed administratrix. — Orders, War- rants, Letters, vol. 2, pp. 176, 215-216, 227, 298; Records of New Amsterdam, vol. 6, pp. 261-262, 333; Court of Assizes, vol. 2, pp. 409, 576, 603, 633, 687; Gen- eral Entries, vol. 4, pp. 33, 47, 53, 166, 194, 220, 268, 276; Collections of N. Y Hist. Society, 1892, p. 30; Brodhead. Hist, of N. Y., vol. 2, p. 168; Innes. New Amsterdam, p. 49; Joannes Nevius and his Descendants, pp. 81-84.
1 Captain Johannes Peterse van Brugh.
4 Jacob Leislei.
Executive Council Minutes 153
[122] At a Councell held in Fort James. Novem: 22*.h 1072. Present
The Governor
Cap? Tho: Delavall — Mr MayoT > Cap* Cornells Steenwijck. The Secretary.
The Mattr taken into Consideracon was the MattF of Mr
Smith, &
Smith & Huntington,2 occasioned by Mr Woods3 bring- Hunting- ing hither Thomas Benedict 4 & Henry Whitney,5 who ,ton- appeared.
Their first Testimony produced, to y6 w** ye said Benedict & Whitney were Sworne, It is deliver' d in, & read.
Thomas Bennedict declares what their Explanation was, viz* not of Land but Meadow & Herbage bought, wch appeares upon Record.
A Copie of the first Testimonyes read also./
M? Benedict & M^ Whitney doe Declare That the Originall Mr Bene- Testimonyes now given in by them in Writing, sworne to ^itne __ before Richard Olmstead Commission?, is the very same Deponents Writing sent by them formerly to the Inhabitants of Hunt- in y6 Case- ington, & that they sent noe other.
1 Those present were Governor Lovelace, Secretary Nicolls, Mayor John Laurence, and the former mayors, Delavall and Steenwyck.
« Collateral and Illustrative Documents, No. XXV.
•Jonas Wood, of Huntington, L. I., justice of peace, having been commis- sioned by both Nicolls and Lovelace to that office. — Orders, Warrants, Letters, vol. 2, p. 434; Deeds, vol. 2, p. 19. See also Huntington Town Records, vol. i, pp. 6-7, 46, 63, 148-149, 185, 503.
4 Thomas Benedict, of Norwalk, Conn., and formerly a resident of Hunting- ton, L. I. See Huntington Town Records, vol. i, pp. 8, 23, 37, 87. See also Benedict Genealogy, by Henry M. Benedict, and Whitaker. Hist, of Southold,
P- 51-
1 Henry Whitney, of Norwalk, Conn., and formerly a resident of Hunting- ton, L. I. See Huntington Town Records, vol. i, pp. 16, 19, 30, 32, 66; Phoenix. Whitney Family of Conn.
154 Province of New York
That ye Copie thereof now produced Attested by Mr Wood & Isaack Platt J is the very same was by them shewn to Mr Smith, when hee was at Norwalk with them.
[123] The wch being much prest by Mr Smith, That Mr Benedict should bee Sworne to the Truth thereof, hee being unsatisfyed that it was the same; Hee was accordingly Sworne to it before the Governor & Councell, in the presence of Mr Smith his Wife & others.
MF Melijen Mr Melyen's Peticon taken againe into Consideracon, againe. Mr Mayor & the rest having brought in their Report, y* they could not accomodate ye same,2 this following Ordr was made —
The last WHEREAS — Vpon a Peticon prferr'd by Isaack Melijen Ordr of to yC Governor & Councell upon the 19^ day of this Instant upon it.— Month about Liberty to unload his Ship, that the Damage might bee adjudged here, The Matt? was referrd to ye Examinacon & Inspection of Mr Mayor, & some other able & indifferent persons to endeavour a Composure of the Difference between ye Own1? & ffreightr.s, of wch Report hath been made back unto ye Governor that they could not attaine thereunto; The Petition afore-men coned & whole meritts of the Case being taken into serious Consideracon, It is Ordered that the Petnr Isaack Melijen shall have Liberty to unload his Shipp in this Port, to the End what Damage the {Freight1? Goods have receiv'd, may bee viewed & adjudged; And in the Vnloading ye ffreightr-s are desired to bee ayding & Assisting unto the [124] Own" or Mastr in
1 Isaac Platt, often called Plott in the records, was a son of Joseph Platt, of Barrington, a village near Hartfordshire, England. He and his brother, Richard, removed from Milford, Conn., to Huntington, in 1666, where he became an overseer, in 1671, and constable, in 1679. — Pelletreau. Records of Town of Smithtown, L. /., p. 473; Huntington Town Records, vol. i, pp. 44, 46, 93, 145-146, 178, 1 88; 243, 344.
2 Collateral and Illustrative Documents, No. LV.
[j^.7y Executive Council Minutes 155
taking Notice & Ace* of their Goods as they shall bee removed. It is likewise Ordered, That if it shall appeare that the Damage the Goods or Merchandize hath sustayned on board hath arisen, either from the Insufficiency of the Vessell before shee sett forth upon her Voyage, or by the Willfull neglect of the Owner, That then hee shall pay ye whole Charge, & such Damage as the Goods shall bee adjudged to have receiv'd, but if it shall happen to bee found otherwise, and that ye Leake sprung by Casualty of the Sea's or extraordinary Stress of Weather, That the whole Charge & Damage shall bee borne & supported by an Avery Grosse according to the Customes in such Cases provided, i
By Ordr &c:
The Goods may bee putt in the Kings- Warehouse, & the {Freight1? are desired to bee ayding in Observing the Markes of their Goods.
[125] At a Councell held in Fort
James, Jan1? 27^ 1672. Present
The Governor MrTho:Delavall Mr Cornelis Steenwijck The Secretary.
The first thing under Consideracon is the Letters from Albany Albany. Ir
About ye Murdf of M? Jn? Steward,1 by two North Indyans,2 Murder
Collateral and Illustrative Documents, No. LXXXVI. See also Brod- head. Hist, of N. Y., vol. 2, p. 198. 1 The Mahican, an Algonquian tribe.
156 Province of New York
by Name the one Calcop,1 'tother Keketamp of the Castle called Naratack.2
The Lett? from ye Commissaryes, Cap!1 Salisbury,3 & Cap* Parker,4 with the Relacon thereof are read. — Where- upon this Order was made.
The Ordr WHEREAS certaine Informacon hath been given of a Barbarous Murder committed upon the Body of one M? Jn? Steward a Souldyer belonging to the Garrison at Albany at or neare the s? Towne by two North Indyans, by name the one Kalcoep, & 'tother Keketamp belonging to the Indyan Castle called Naracktack, which said two Murderers are said to bee in Hold. Vpon serious Consideracon had hereupon, & that exemplary Justice may bee done upon ye Delinquents, [126] It is Ordered, That a Commission bee forthwith sent up to Cap* Silvester Salisbury, Cap* Jeremias Van Renslaer, the Commissaryes & all ye Commission Officers of the Militia to sitt as a Court of Oyer & Terminer; wch said Co1? is to try ye Male-factor, & being found guilty to pronounce ye Sentence of Death upon them, & cause the same to bee putt in Execution, after wch their Bodyes are to
1 Calcop is, no doubt, a corruption of the Dutch Kaalkop, meaning bald- head, and was applied as a sobriquet. The minutes here state that he was a " North " Indian or Mahican, of the headquarters of that Algonquian tribe. There was another, dubbed by this name, who was a sachem of the Esopus Indians and had a son named Tantupawhee. The Esopus Calcop or Kaelcop appeared, on April n, 1670, before Captain Dudley Love- lace and others, to certify to an agreement which Governor Nicolls had made with the Esopus Indians, on October 7, 1665, concerning acts of hostility, commission of murders and land grants. He is yet found as an Esopus sachem in 1677. — N. Y. Colonial Manuscripts, vol. 22, p. 4, and recorded in Deeds, vol. 3. See also Olde Ulster, magazine, vol. 2, p. 165; vol. 5, p. 265.
'The reference is to Nachtenack, Nachtenak, the Mahican name applied to the point of land at Waterford, N. Y., between the Mohawk and Hudson Rivers. — Ruttenber. Indian Geographical Names, p. 180; Beauchamp. Aboriginal Place Names of New York, p. 194.
1 Captain Sylvester Salisbury was commander of Fort Albany.
4 Evidently William Parker, who was a sergeant on October 13, 1671, at Albany. — Pearson. Early Records of Albany, p. 490.
[jan.7^] Executive Council Minutes 157
hang in Chaynes upon a Gibbett or Gallowes to bee Erected in somfe] eminent Place neare ye Towne, soe to strike the greater terro^ in the rest of their Companions, but that it bee left to ye discretion of the CoT* how long time their Bodyes shall bee exposed in that manner, according as they shall adjudge it most safe or convenient: And that before the Try all Notice bee given to as many of the Indyans both Sachems & others, as conveniently can bee made acquainted therew1.11 to bee present & see the Proceedings of ye Court against the Murderers, where the Sachems are to bee treated wth all Civility, & also that the said Indyans bee at the Place of Execution; Of all wch an Acco* is to bee returned hither to his Honor the Governor, with ye first Opportunity.
By Ordf &c:
Jeuffro
[127] Jeuffrou Curlers Peticon from Schanechtade desiring Schanech- some ffavour about Liberty to trade wth the Indyans, in tide.
regard of her great Losse by the ffire.1 totradewth
ye Indyans. 1 Antonia or Tuentje Juriaense, was the daughter of Juriaen Slaghboom.
Her first husband was Jonas Bronck, of Westchester, who died in 1643. She was soon married to Arent van Curler, of Rensselaerswyck, and removed with him to Schenectady upon the founding of that settlement in 1662. It was in 1667 that her now famous husband, Arent van Curler, was drowned during a tempest by the capsizing of his canoe hi Lake Champlain, probably near Split Rock, while on his way to Canada, accompanied by Marion La Fontaine, a young Frenchman, whom he had rescued from the Mohawks, and bearing passports and a letter from Governor Nicolls to Governor De Tracy. Father Jean Pierron, S. J., writing to Mrs. van Curler, on September ~, 1667, condoled with her on the sudden death of her husband, of which he had been apprised by one of his own men, Sebastian by name, who was with the Iroquois at the head of Lake Champlain, on their way to Quebec. Father Pierron stated that her husband's death would cause great affliction in Canada, as he was much beloved by the French, who were preparing to entertain him at Quebec with much magnificence. He said that the canoe was found broken up, and was astonished that her husband should have trusted himself on that lake in such a wretched boat. The van Curler house hi Schenectady stood on land now occupied by the Mohawk Club. Owing to the loss of this house, barns and corn by fire, and hi consideration of the
158 Province of New York fja'n67327]
Her Lett? to M? Delavall, & another to M? Beeckman 1 upon the same Acco*
An Order thereupon as followeth.
The Ordr ) Vpon ye Request of Antonia Van Curler of Schanechtide lereupon. \ prsente(j to ^jg Hono? ye Governo? that having not long since receiv'd a very great Losse by ffire, shee may for her prsent Reliefe bee soe farr indulged as to have Licence to sell some Rumm to ye Indyans, as also some quantity of Powder & Lead; The Premisses being taken into serious Consideracon It is Ordered, That in regard of the very great Losse & Damage sustayned by the said Antonia Van Curler in having her House, Barnes, & Corne destroyed, as by her is sett forth, as also the Losse of her Husband, Arent Van Curler, while hee was employed in his Ma11.65 Publick Service, Shee the said Antonia his Widdow shall have free Liberty & Licence for ye space & terme of one whole yeare & two Months after the Date hereof, That is to say, from the first day of Aprill next untill the 2Qth day of May wch shall bee in the yeare of or Lord 1674. to sell & dispose of to the Indyans or others [128] in & about Schanechtide, in Rumme one hundred Anckers, & in Lead to the Value of two hundred Beav1? or 1000 Weight; But for Powder in this conjuncture of time during the Warr, It's thought inconvenient any Extra- ordinary Liberty should bee granted therein.
By Ordr &c:
death of her husband in the public service, as above stated, she was granted a license to trade with the Indians and others. It was also believed that a license to her would lessen the quarrels that had been going on between two other tapsters at Schenectady, Cornelis Cornelijssen Viele and Aques or Jaques Cornelijssen Gantsh [van Slyck], the latter an Indian who had been originally licensed by Governor Nicolls. — Sainsbury. Calendar of State Papers, America and West Indies, 1661-1668, p. 497; N. Y. Col. Docs., vol. 2, p. 652; Pearson. Early Records of Albany, pp. 56, 444; Brodhead. Hist. of N. Y., vol. 2, p. 121 ; Van Rensselaer Bowier Manuscripts, p. 817; Thwaites. Jesuit Relations, index; Scharf. Hist, of Westchesler County, vol. i, p. 77°- See also Collateral and Illustrative Documents, No. ' Thomas Delavall and William Beeckman.
[jan.727] Executive Council Minutes 159
The Matt1" of Difference between ye two Tappers at rThe 2 Schanechtide, not thought fitt any Order shall bee madeJTappr3 of therein further, this Liberty to the Widdow probably being | ^anech" a meane to defeat both their Expectations.1
The Commissaryes LettT to ye Governor about ye Contri- Esopus. bution, not yet ready, & a Request that a Tax imposed about three yeares agone upon their Land, Working Horses, & Cowes may continue to support the Charge of the Towne.2
M? Graveraets Letter for ye Continuance likewise.
The OrdT thereupon. •
Vpon Consideration had what hath been represented to his The Ordf Hono? ye Governor by ye Schout & Commissaryes at ye * Esopus as touching their Voluntary Contribution towards the ffortifications here, and a Tax heretofore Agreed to [129] bee imposed for y6 time of three yeares, upon each Margen of their Improved Land, as also upon their Working Horses and Milch Cowes towards the defraying ye Publick Charge of their Towne, wch said time being now Expired, they desiring a Continuance of the said Tax, upon the same Acco* as before; Both the said Particulars having been taken into Consideration, It is Ordered, That the said Volun- tary Contribution bee Collected & paid in to M? Isaack Graveraat 3 the Schout in good Corne according to ye
Collateral and Illustrative Documents, No. LXIX. The two tapsters were Cornelis Cornelijssen Vide and the Indian, Aques or Jaques Cornelijssen Gantsh [van Slyck].
1 Collateral and Illustrative Documents, No. X.
•Isaac Graveraet, Greveraat, Greveraet, Greveratt, was granted a letter of denization in New York City, on November 9, 1670, " as being here at ye SurrendT " in 1664. He removed with his family to Kingston, about March, 1670/1, and succeeded William Beeckman as schout there. On July 12, 1671, Lovelace authorized him " to take an Acco* of all Sloops or boats wch shall come in there bound for that place [Kingston], & make an Entry of their Loading; And likewise that hee cause ye Master or Skipper of any such Sloope or Boate before hee comes away to take a Certificate or
i6o
Province of New York
Cap*
Chambers freed from Rates.
Intent & Meaning of the Donation, otherwise it shall b< in the Liberty of the said Schout to refuse the same, & coi strayne them to pay better. And likewise that ye formei Taxe upon ye Land, ye Working Horses & Kine, bee con- tinued for two yeares longer, or untill farther Order, begii ning from the Expiracon of the last three years. And for that there was ye last yeare the Summe of sixteen hundred Guild" allowed towards the Publick Charge of the Towne out of ye Excize; It is also Ordered, That an Acco* bee given to the Governor how the said sixteen hundred Guil- ders, & ye last three yeares Tax hath been expended; when Consideracon will bee had how the two yeares Taxe for the time to come shall bee disposed of. B O dr & —
That some particular Ord? bee sent to Cap* Chambers,1
Pass-porte for his Vessell and Loading, as is practized in other Ports." — Court of Assizes, vol. 2, pp. 615, 657; General Entries, vol. 4, p. 3. See sketches in Bergen. Kings County Settlers, p. 124; and N. Y. Geneal. and Biog. Record, vol. 7, pp. 60-61. His first wife, Lijsbeth Jeuriaens, he married on March 24, 1652; his second wife, Marritje Jans, on June 2, 1663. — Records of R. D. Church, Marriages, pp. 16, 29.
1 Captain Thomas Chambers, a carpenter by trade, had possession of a tithable farm located between Wynant and Poesten Kills (now southern Troy), from November i, 1647, until July 14, 1654. At the latter date he was already a resident of the Esopus, now the city of Kingston, but then the principal rendezvous of the Esopus Indians, from whom he had obtained a deed of purchase, on June 5, 1652, which was confirmed on September 28, 1669. Here with a few associates, he began the actual settlement of that section of New York. On account of the terror of Indian depredations, he abandoned this farm, in 1655, returning after the fear had subsided. He was there dur- ing the first Esopus Indian war, in 1658, and aided in repelling the Indians during the second Esopus war, hi 1663. Chambers was one of two represent- atives sent from Wiltwyck, as Kingston was then called, to the general assembly at New Amsterdam, in April, 1664. On November 8, 1659, he was granted a lot at Fort Orange (Albany). On May 21, 1667, he received a patent for an estate at the Esopus, named Fox Hall, and on October 16, 1672, obtained from Governor Lovelace the privilege of erecting this estate into the Manor of Fox Hall. He died on April 8, 1694, and devised to his stepson, Abraham van Gaasbeek, who took the surname of Chambers, all his manorial estate and privileges. — General Entries, vol. 4, p. 216; Patents,
lian.7337] Executive Council Minutes 161
who is exempted from being Rated by the Towne, in regard of his Manno? *
[130] That some particular Ordr, or Lettr of Thanks beef^P1 sent to Cap* Pawling2 for his care & Vigilance concerning the Indyans there, since the Murdr at Albany; 3 & that hee continue the same &c:
The Governor himselfe will doe it.
Cap^ Carrs 4 Lettr£J about AfFayres there, & the Whore-Kill Delaware, with his Proposalls.
In particular, About ye Sloope of Thomas Lewis, goeing up the River &c: 5
About wch this Ord? was made.
Vpon its being represented to ye Governo? & Councell y6 Ordr about Inconvenience of debarring Sloopes & Vessells of this Place 0e^gUpto from goeing up ye River 6 above New Castle, Although it N: Castle.
vol. 2 (second part), pp. 45-47; Land Papers HH, p. 102; Van Rensselaer Bowier Manuscripts, pp. 755, 835; Olde Ulster, magazine, vol. i, pp. 77-83, "7, 304, 333; vol. 2, pp. 97-104; vol. 3, pp. 303-311, 353-354; vol. 5, pp. 327-336; Schoonmaker. Hist of Kingston, pp. 6, 492; Brodhead. Hist, of N. Y., vol. i, pp. 536, 607, 711, 728-729; vol. 2, pp. 194-195; Collections of N. Y. Hist. Society, 1893, pp. 122-123.
1 Collateral and Illustrative Documents, No. LXXXVII.
* Captain Henry Pawling had come over as a soldier with Colonel Richard Nicolls, in 1664. He was given an honorable discharge from his regular military service by Governor Lovelace, on April 18, 1670, it " being now a Time of Peace," and to afford Pawling an opportunity " to follow his private affaires." At the same time Pawling was commissioned captain of " the ffoot Compos listed or to bee listed in the Townes of Marbleton & Hurley & precincts at Esopus." He describes himself in his will, dated January 21, 1691, as " of Marbletown, in the County of Ulster, being weake and sicke." This will was proved on March 25, 1695, and letters of administration were granted to his widow, Neltie or Neeltje, daughter of Albert Heymans Roosa, of Hurley. — JV. Y. Colonial Manuscripts, vol. 22, p. 100; Collections of N. Y. Hist. Society, 1892, p. 251. For the family history see Pawling Genealogy (1905), pp. 13-15, 26; Olde Ulster, magazine, vol. i, pp. 339~342-
1 The murder of John Steward. See Collateral and Illustrative Documents, No. LXXXVI.
4 Captain John Carr.
6 Collateral and Illustrative Documents, No. I, VI.
• Delaware River.
1 62 Province of New York
bee permitted to all Vessells within the Governm? to goe up ye River l to Albany, as also the Distast wch hath been taken, that some have had Licences soe to doe, whiles others are restrayned; It is thought fitt & hereby Ordered, That the Prohibition thereof shall bee taken away, & it shall & may from henceforth bee lawfull for any Sloope or Vessell to goe up the said River,2 bringing a Certificate from ye Governor of his coming from hence, but that noe other Vessell shall have the like Liberty, but such as doe Sayle from this Place thither directly. r> Q dr & •
[131] A Lett? from M? Wharton,3 & another from Cap* Cantwell 4 about ye Affayres of ye Whore- Kill.
A Proposall for ye Reducem* of ye Whore Kill by the Offic1? from Delaware according to their Proffer. 5
The Consideracon hereof to bee suspended untill the Returne of Henri jck the Loper,6 or a convenient Oppor- tunity of sending. Douglas. The Lettr wth which Wm Douglas was sent from
Delaware.7 The Ordf Ordered, That in regard of the Trouble hee hath given
1 Hudson River. 1 Delaware River.
• Captain Walter Wharton.
4 Captain Edmond Cantwell.
• Collateral and Illustrative Documents, No LXX.
«On November 24, 1671, " Hendrick Drooge-Straet, als de Loper," of New York City, was given a warrant to enable him " to pass Delaware River downe to New-Castle, or back againe toward this place [New York], having Lettr.s & Dispatches of publiq* Concerne." — General Entries, vol. 4, p. 72. In the records he is named also " Henry ye Loaper." — Ibid, p. 46. Drooge- straet became a resident of EHzabethtown, N. J., where he was a baker. His wife was Margaret Stuyvesant, stepsister of Director General Peter Stuyvesant, and former wife of Jacob Backer. — Records of New Amsterdam, vol. 6, pp. 255-256; N. /. Archives, vol. 21, p. 50; Hatfield. Hist, of Elizabeth, pp. 249-251.
» Collateral and Illustrative Documents, Nos. XIII and LXXXVIII.
Executive Council Minutes 163
the Countrey, hee bee sent by Wm Shackerley * for the Barbados, there to bee sold & Disposed of, to make Satis- faction towards the Charges hee hath occasioned.
About ye Prison1? Request for their Liberty,2 & first of Benjamin Johnson, It is ordered as followeth. Thom:
The Case of Benjamin Johnson a Prison1" in ye State-
House 3 of this City being taken unto Consideration, together wth the long time of his being in Durance, It is Ordered, That in regard hee hath received the full Corporall Punish- ment, hee was condemned to suffer, & there remaining noe part of his Sentence to bee executed, except the Banishm?, That hee shall forthwith bee releast out of Prison by the SherifFe,4 with Liberty to returne to his House,5 & goe about his Affayres, but that hee presume not [132] at his Perill to come nearer to any part of the City then his Habitacon, untill the first day of March next, when hee is againe to Surrender himselfe into ye Custody of the Sheriffe, & farther Order will then bee given him by the Governor t
ByOrdT&c:
1 The records show that William Shackerley was master of the ship " Mary," in 1668; of the "Adventure," of which Robert Rich, Jr., of Barbados, was owner, hi 1670; and of the ship " Endeavour," hi 1672-1673. — Court of Assizes, vol. 2, pp. 574, 587, 589; Deeds, vol. 3, p. 131; General Entries, vol. 4, pp. 213, 260; Records of New Amsterdam, vol. 6, pp. 158, 159, 244, 246. For his will, dated July 13, 1680, hi which he is called " of New York, mar- iner," see Collections of N. Y. Hist. Society, 1892, p. 466.
1 Collateral and Illustrative Documents, No. LXXXVIII.
•The old Stadt Huys or city hall was erected originally in 1642, under the auspices of the Dutch West India Company, as a tavern, and was granted, in 1654, to the burgomasters and schepens of New Amsterdam. It was substantially built of stone and stood on the present northwest corner of Pearl street and Coenties Alley until demolished hi the spring of 1700. For an account of this building, with plans and illustrations, see Innes. New Amsterdam and its People, ch. xv.
4 Allard Anthony.
1 Johnson was the hangman of New York City; Faulx and the third accom- plice in the thefts, Roger Essex, were servants of Captain John Manning. — Magazine of American History, vol. 16, pp. 234-235.
1 64 Province of New York
upon ye Sentence of ye Court hee bee Transported out of the
Government by the first Convenience; In the meane time
The Ordr About Thomas ffaulx; It is Ordred, That according to ye Sentence of ye Coui Government by the firs to remaine in Custody.
Paper. The Consideracon hereof for ye prsent to bee suspended.1
Cap* Man- A Peticon from ye Inhabitants of this Island against nins< Cap* Mannings Patent for Land by the ffrench-Manns.2
Order. That ye Governo? will in some convenient time cause to
bee layed out a Proportion of about fourty Acres of Land according to his first Proposalls, the which hee may enclose, but not more; but that hee have Priveledge of Commonage with other Inhabitants.
About Vpon Complaint made by ye great Quantityes & Noy-
The Order, someness occasioned by keeping of Hoggs in [133] the City, It is Ordered to bee Recommended to the Court of Mayo1^ & Alderman to finde out some Expedient for ye Clearing the Towne of them, or that they bee kept without the City, that they bee noe longer a Nusance to the Neighbourhood.//3 Datis [ ^er Pet^on reac*> f°r Liberty to come hither wth her Sonn, and Sloope, with Goods.
An Order accordingly to M? Mayo? not to grant any Warrant or Attachm* either against her or her Sonn, Sioope, or Estate, shee shall bring wth her.4 — The Ord? at large.
1 Related to contributing toward the repair of Fort James.
1 Jacob, the Frenchman, also known as Jacob Fransen or Fransman, dwelt, in 1665, outside of the land gate of New York City, or Broadway above Wall Street. No grant of land to Captain John Manning, in this section, has been discovered. On February 21, 1671/2, Manning received a patent for land north of Turtle Bay.
* Hogs at large in New York City were a grievance from the Dutch period to the early nineteenth century. The court of burgomasters and schepens, immediately after the recapture, in August, 1673, passed ordinances for preventing them from straying and injuring the fortifications. — Records of New Amsterdam, vol. 6, p 406; vol. 7, p. 36.
« Collateral and Illustrative Documents, No. LXXXIX.
b«zn.727] Executive Council Minutes 165
Vpon ye Request of Sarah ye Widdow of Nicholas Davis * The Ordf deceased made unto his Hono' y* Governor, That shee may have Liberty to come to this City wth her Sonn Samuel Davis, together wth his Sloope & Loading, without any Molestacon by Arrest or Attachment, from any of her late Husbands Credito1?, the better to bee enabled to treat wth, & if Occasion bee Compound wth y6 said Credito1?, &
» Nicholas Davis was a prominent merchant-trader, whose ships sailed from New England to New York, Virginia and Holland, as the records reveal. He obtained a large tract of land from the Indian sachem, Hi anna, located on an inlet, now called I^ewis Bay. It was called Hyannis, and was in the town of Barnstable, then of Plymouth Colony. On this farm he built his home and a large warehouse, and resided for many years. Some time between April, 1669 and April, 1671, he removed to Newport, R. I., no doubt changing his domicile on account of his avowed attachment to the tenets of Quakerism. On the last named date he agreed to sell his Hyannis holdings to Dr. Henry Taylor, of Boston, and at that time he was already a resident of Newport. Davis had houses in the Smiths Fly, New York City; bought an estate at White Stone, L. I., on February 15, 1671/2, and had possessions in Newport, where he was admitted a freeman of the colony, on May 2, 1671. He was also owner or part owner of ships and shipping, as well as holder of merchandise. On June 24, 1672, he was accidentally drowned in Newport Harbor. Dying intestate, with his possessions entangled in litigation and by debts, his wife, Sarah, refused " to administer or intermeddle therein " in New York, and his creditors, among them Dr. Henry Taylor, were, on February 20, 1672/3, appointed administrators. Davis seems never to have made good his bill of sale to Dr. Taylor for the Hyannis farm; hence Taylor brought suit at the court of assizes, in October, 1672, for attachment on the estate and appurtenances at White Stone, L. I. Sarah Davis, having been " allowed Administratrix to her Husband by ye Governor & Assembly at Rhode Island," for his estate in that colony, did not appear at the October term, but at a special court, in December, was represented by Lieutenant Joseph Torrey, of Rhode Island. Dr. Taylor was put in possession of the White Stone property, where he resided until his death in 1719. On July 4, l673» John Whalley, of Boston, was appointed administrator of Davis's estate in Plymouth Colony, and on the same day the court assigned a house and land in Barnstable to Mrs. Davis, in lieu of her dower right. — Court of Assizes, vol. 2, pp. 295-296, 304, 306, 308, 332-335; Orders, Warrants, Letters, vol. 2, pp. 63, 87, 270; Deeds, vol. 3, p. 140; Collections of N. Y. Hist. Society, 1892, pp. 26-27; 1893, pp. 198-199; Otis-Swift. Genealogical Notes of Barn- stable Families, vol. i, pp. 291-292, 294-296; Records of R. I. Colony, vol. 2, PP- 374» 507; Arnold. Vital Records of R. /., vol. 7, p. 98; Plymouth Colony Records, vol. 5, pp. 124-125; vol. 7, pp. 178-179.
166 Province of New York
likewise use y6 meanes to gather in & receive such Debts as were due unto her said Husband, And when time & Season suites, after such Goods as are on board upon {Freight are Landed, That shee may wth her said Son & his Sloope, quietly depart againe without any [134] Lett or hinderance, thereby to seek & Endeavour to give all the Creditor the best Satisfaction shee can enabled to; The Premisses being taken into Consideration, & that all possible ffavor may bee extended to the Widdow in her soe just & reasonable Endeavo1?; It is Ordered That the said Sarah Davis her Request bee fully Granted; of wch the Mayor of this City, Justices of the peace, & all other Offic1? whom it may Con- cerne are to take Notice, That they issue forth noe Warrant of Arrest or Attachment, against ye said Widdow, her Sonn, his Sloope,1 or any of the Goods or Loading shee shall bring in her, but that they have free Egresse & Regresse to & from this Port without any manner of Lett, hindrance, or
Molestacon whatsoever.
By OrdT &c.
[135] At a Councell &c:
Janr.y 28^ 1672. Pres*
The Governor Mr Tho: Delavall MT. Cornelis Steenwijck The Secretary.
A Packett The Occasion of Meeting was ye Reception of a Packett ^™te from White-Hall by the hands of Mr George Moore,2 which Hall. came from England by the way of Boston; hee arrived in
the After-noone about 4 a Clock.
1 The sloop of Samuel Davis was the " Dolphin."
1 Apparently this is the George Moore who had land patents in Delaware. — See Original Land Titles in Delaware, pp. 102, 128, 165.
Executive Council Minutes 167
The Pacquett came only from S? Joseph Williamson, wth diverse Newes-Bookes l &c: relating ye Miscarriage of a Packett from his Mau.e, w°h M? Gorsuch 2 was to give Acco*. of, but his Letter is not Arrived. The Letter writt in hast, but mentions noe Publick Busynesse.
[136] At a Councell held &c:
Apr: I4*!1 1673. Present
The Governor
Mr. Delavall * M? Steenwijck The Secretary
The Busynesse of Peter Groenendijke suspended for a Peter Groe- few Dayes.'
M' Gardn1? of Nantuckett his Businesse suspended. ^4 Mr Gard-
ner of Nan-
> Newspapers. tuckett—
1 Richard Gorsuch, who conveyed his right to a patent for a tract of land on the west side of Delaware River to Governor Lovelace. It is described as " bounded on ye North by a Creek called by ye Indyans Quiackitkunck ats Nicambanack Creek, & South by ye North-side of Pemecacka Creek, passing over Pasaquessing Creek." — General Entries, vol. 4, p. 189 (dated in an order relating thereto, August 12, 1672).
1 Collateral and Illustrative Documents, No. XC. Peter Groenendijcke, Groenendijke, Groenendike, Groenendyke, Gronendike, also called Peter Smith, was granted liberty to trade with the Indians at the Whorekill, on October 22, 1670. He had a parcel of land, granted to him in 1679, on the west side of Delaware River and on the north side of Murther Creek, called " new Seavgnhoven." — Court of Assizes, vol. 2, p. 610; Original Land Titles in Delaware, pp. 41-43. For a sketch see Bergen. Kings County Settlers, p. 126.
4 Collateral and Illustrative Documents, No. XVIII. Richard Gardner was appointed by Lovelace chief magistrate of Nantucket, in place of Tristram Coffin, in April, 1673. At a meeting of the inhabitants of Nantucket, on March 22, 1666/7, ne was given a grant on the island " according to the Grants made to Seamen and Tradesmen, upon Condition that hee exercise himselfe as a Sea-man, and that hee come to Inhabitt here with his ffamily before the End of May, — 68. And after that his Entrance here, not to depart the Island in Point of dwelling, for the Space of three Yeares, upon Forfeiture of the Grant aforesaid." — Deeds, vol. i, p. 74.
1 68 Province of New York [A$3I4]
Whore-Kill. The Affayres of the Whore- Kill taken into Consideration.1 The Lett1? from Cap^ Carr,2 Cap* Wharton,3 & Cap* Cantwell 4 read, with their Proposalls for Reducement of the Place.
Order for \ It is Ordered, That a Commission bee sent to ye Officr? & its Re- I Magistrates at Delaware to goe to ye Whore- Kill, there to keep a Court in his Ma1*.68 Name, & to make Enquiry of all Irregular Proceedings, & to settle the Governm* and Officers there as formerly under his MatJ?s Obedience, & the Pro- tection of his Royall Highness, for the wch there shall like- wise bee sent particular Instructions.*
Quakers [J37] The Quakers Paper about y6 ffortifications con-
Petition sidered of
LaWes That the Lawes bee Attended as to Military Matt1?,5
Military & m's Ma*.68 Proclamation as to the Liberty granted to attended. Non-Conformists; other Matt1? relating to them to bee
suspended.
The Bakers The Bakers Peticon about ye Cure-Masters Place of Cure- ^ Bread & Floure, considered of.
Mastr Vpon ye Peticon of ye Bakers &c: It is thought fitt, That a
The Order. Meeting shall bee had by y6 Governor & Councell wth y6
Mayo? & Aldermen, to discourse & consider of this particular
Business, when all Persons that are concern' d shall have
Notice to appeare &c: 6
Kingdome The Busynesse of Kingdome & Tijs Barents 7 referred
Barents. , Collateral and Illustrative Documents, No. LXX.
J Captain John Carr.
» Captain Walter Wharton.
« Captain Edmond Cantwell.
8 For the provisions of the Duke of York's laws as to military affairs, see Colonial Laws of New York, vol. i, pp. 49-55.
•Collateral and Illustrative Documents, No. XCI. The records of the mayor's court for this period are missing.
1 Tijs or Mathijs Barentsen is found as one of a number of recently arrived persons who, on August 22,1661, petitioned for land on Staten Island. — N. Y. Colonial MSS., vol. 9, p. 735.
Executive Council Minutes 169
back to y* Justices that sate upon the Bench for their Deter- minacon, of wch to make Report to y6 Governo'
Tan Tansen's Peticon to bee referred to the Viewing of JanJan'
j J sens Peti-
the Governor, & some of the Councell, in some short tion. time.
Mr Nicholls his Charges at Delaware, Anno 1669. An Mr Nicolls
Order for the Payment of it out of the Long ffinns ffines as of Dela.
before.1 ware.—
[138] Delaware Last Charges to bee p<? out of the Publick,2 Delaware but suspended for further Consideracon how & in what- J*st
• Charges.
manner.^
Some Survey's from Mr Wharton,3 Ord'red to bee Patented, [Surveys
u i T» • • r i- • from Mf
wth the Restriction of settling in due time. I wharton
I to bee L patented
[139] At a Councell in y6 Fort &c:
Apr: 18^ 1673. Present
The Governor & Councell. The Mayo? & Aldermen.
The Matt' under Consideracon was y6 Complaint of Juriaen Jurian Blanck 4 on ye behalfe of his Daughter 5 against p^Grte
1 Collateral and Illustrative Documents, No. XL nendijke.
* Collateral and Illustrative Documents, No. LXXIII.
• Captain Walter Wharton.
4 Juriaen, Jurian or Jurijaen Blanc;, Sr., was a skipper engaged in trading with the Swedes on the Delaware as early as 1645. In 1646, while attempting to trade on the Schuylkill, the Swedish commander ordered him away. In the will of his widow, Catharine, dated September i, 1698, their children are mentioned. — Brodhead. Hist, of N. Y.t vol. i, pp. 380, 424; Collections of N. Y. Hist. Society, 1892, p. 296.
1 Annetije or Jannetije Blanck. Apparently, after the Groenendijcke affair, she was married to George Brewerton. — Collections of N. Y. Hist Society, 1892, p. 296.
Province of New York
Peter Smith ats Groenendijcke, & the Affayre between him & Maria De Lanoy./ 1
All the Papers & Peticons read on both parts. ^ 2
Jurijaen Black Sen? & Jun?, & Jannetije & Katharine Blanck 3 his Daughters wth Albert Bosch 4 his Sonn in Law appeare before ye Governor to bee heard what they could prove of ye Allegations putt in against Peter Groenendijke.
Peter Groenendijcke also wth M? Sharp 5 his Attorney present; Peter brought in by ye Sheriffe.6
Hee is Ordered to bee Committed into ye Custody of the Sheriffe, & not to stirr out of ye ffort.j 7
Maria De Lanoy wth her Brother Peter appeare.
Shee declares Peter Groenendijkes making Love to her to beginn the last yeare in the fore part of [140] the yeare, and that hee lay wth her in OctofcV
Shee produces two Papers, one his Oath Dated Aug: S*.11 1672. & a Paper of Aprill y6 ir^ under ye hands of ffredrick Gijsbert 8 & his Wife; M? De Pijester,9 Peter De Lanoy, & Cornelia de Pijester.
It was putt to ye Vote, whither Peter Groenendijke shall be permitted to marry either of the two young Women.
Collateral and Illustrative Documents, No. XC. See also Valentine's Manual, 1860, p. 596.
8 These papers have not been found.
» Katharine or Katharina Blanck is named in her mother's will as " Cata- lyna, wife of Frans Boon." — Collections of N. Y. Hist. Society, 1892, p. 296.
4 Albert Bosch or Busch, son of Hendrick Bosch and Ann Maria Rembach, was born in Leyden, in 1645. He came over with his parents in 1660, and married, on May i, 1668, Elsie, one of the daughters of Juriaen Blanck, Sr. Like his father, he was a smith. His widow, Elsie, is mentioned in her mother's will. — Riker. Revised Hist, of Harlem (1904), p. 368; Collections of N. Y. Hist. Society, 1892, p. 296; Records of R. D. Church, Marriages, p. 33.
• John Sharpe.
• Allard Anthony was sheriff of New York City. 7 Fort James.
• Fredrick Gijsbertsen.
• Johannes de Peyster, who was at this time an alderman of the city.
Executive Council Minutes 171
Mr Darvalls * Opinion is, That hee should marry one of them, the wch can make her Right best appeare to him.
Mr Rombout,2 That hee is capable to marry one of them.
Mr De Pi jester, That hee should marry one.
Mr Oloffe Stevens 3 the like.
Mr Van-Ruijven 4 desires to consider of it before hee gives his Answer; but after saith one.
Mr Mayor 5 desires Informacon as to a President, but after yields to one.
The Secretary,6 That having broken his Troth to both, hee should have neither.
Mr Steenwijck7 for one.
Mr Delavall 8 for neither, but to bee severely punisht, & his Estate divided between them.
The Governor for one.
[141] The farther Consideracon to bee respited till Mun- day at two a Clock at this Place.
In ye meane time Peter Groenendijcke to putt in New Bayle (the old Surrendring) or to goe to Prison.
i William Darvall or Dervall, who had been commissioned an alderman of New York City, on October 13, 167;. He v/as a merchant trader of New York City, to whom Governor Nicolls had granted permission, on September 16, 1665, to trade and traffic anywhere in the English colonies of America. From time to time, he sent large quantities of goods and merchandise to his brother, Cornelius Darvall, a merchant of Amsterdam, and in this trade Thomas Delavall, his father-in-law, was interested with him. Darvall had married Rebeckah, daughter of Delavall, in 1670 (marriage license granted on September i2th). In 1675, Darvall was mayor of New York City — an office previously and subsequently held by his father-in-law. — General Entries, vol. i, p. 138; vol. 4, p. 220; Court of Assizes, vol. 2, p. 589; Deeds, vol. 4, p 40.
1 Francis or Francois Rombout.
1 Oloff Stevensen van Cortlandt, at this time an alderman of New York City.
• Cornells van Ruijven, at this time deputy mayor of New York City.
• John Laurence was mayor.
• Matthias Nicolls.
1 Cornells Steenwijck, of the council
• Thomas Delavall, of the council.
172 Province of New York
TheBakers. The Bakers Peticon then to bee taken into Consideration.1
As also a Peticon heretofore sent from men about Sewant, or some other Coyne.3
As also a Peticon heretofore sent from ye Mayo? & Alder-
At a Councell held at ffort James in New Yorke, ye 22th day of Aprill 1673 the Governor being Yes- terday absent. Present
The Governo?
& Councell.
The Mayo?
& Aldermen.
Peter Groe- A Peticon from Peter Groenendijcke to excuse his goeing
breaking his word-3 A Deposition of Annetije-Romers 4 taken before ye Publick
Notary Wm Bogardus5 in Dutch [142] read by M? Van Ruijven.
A Petition from Maria De Lanoy's brought in & read by him likewise. Reyner Reyneer Willems 6 Baker saith, being present at Albert
Willems
Testimony. l Collateral and Illustrative Documents, No. XCI.
2 The records of the mayor's court for this period are missing
• Collateral and Illustrative Documents, No. XC.
• Anneke Romerse, or Roemerse. See Records of New Amsterdam, vol. 6, pp. 290, 299, 307.
• William Bogardus had been appointed a Dutch notary public by Governor Nicolls, on June 18, 1668, " for the Conveniency & Good of the Dutch Inhab- itants of this Citty & Governm* as well as for Strangers of that Nation who may arrive here," and Lovelace had reappointed him, on September 10, of that year. — Orders, Warrants, Letters, vol. 2, pp. 211, 246.
« Reynier Willemsen, a baker of New York City, married, on April 10, 1660, Susannah, daughter of Arent Teunisen and Susannah Jans. — Collections of N. Y. Hist. Society, 1892, p. 107. See also Records of New Amsterdam, vol. 6, pp. 67, 287; Records of R. D. Church, Marriages, p. 25.
Executive Council Minutes 173
Bosch's House, when Peter Groenendijk returned from Stratford, hee heard Juriaen Blanck the ffather ask him, Will you marry my Daughter or noe ? Yes said hee, And in two dayes the Banes shall bee putt in, if it bee not hindred; This without any seeming ffeare of ffbrce./
Cornelisse the ffisher * was present, & for that hee could say noe more, desired to bee excused in ye Morning from Attendance having Busynesse by Water.
Two Depositions from two Widdowes read concerning Discourse with Maria De Lanoy.j?
Its alledged that Maria may not bee w^ Childe, soe putt to Question to bee searcht.
Juriaen Blanck Sen? & Jun% Katharina Blanck, & Albert Bosch's Testimonyes read.
Another Paper prferrd by Dr Jacob Vervang1? Wife2 Mariekije about Peter Groenendijcks being heretofore engaged to Maria Vander Grift, a 3
Peter Groenendijck is called in to heare it read.
1 Perhaps this refers to Cornells de Visser, also known as Cornells Jansen de Visscher. — Records of New Amsterdam, vol. 7, p. 20; Collateral and Illustrative Documents, No. LXXV, in list of contributors.
2 Dr. Jacob Hendricksen Varvanger, Varrevanger, Vervangher (and other- wise), came over to New Amsterdam, in 1646, and was official surgeon under the Dutch West India Company until his discharge, in 1662. Upon the English occupation, in 1664, he took the oath of allegiance and continued to practise his profession in New York. He died before February, 1677, when his wife, Maritje Jacobs, is found in the records as a widow.
8 Apparently Maritje, daughter of Paulus Leendertsen vande Grift, baptized April 29, 1653, and who was married to Gerrit van Tricht. Her father remained hi New York until October, 1670; disposed of his property, and returned to Europe. His children, Gerrit, Margaritie and Maritje, were granted passes by Lovelace, on October 24, 1671, to ship for England and Holland in the ship " Good Fame of New York," together " with their Goods & Necessary es." Gerrit is called " ye Barber " and also " Chyrugion of the ships crew." The deposition of Dr. Varvanger's wife is explained by the absence from the country of Maritje vande Grift. — General Entries, vol. 4, PP- 55> 57; N. Y. Colonial Documents, vol. 2, p. 43; Bergen. Early Settlers of Kings County, p. 317; Records of New Amsterdam, vol. 6, pp. 267, 272, 287- 288.
174 Province of New York
Hee denyes all, but that some Propositions of Marriage were made between them.
Some Papers putt in by P. Groenendijke to Invalidate the Testimonyes before putt in.
[143] Maria De Lanoy her Mother & Brother called in, wth Anneke Romers, whose Deposition was read to them all.
And also ye Papers brought in by Pet: Groenendike read.
Albert Bosch called in wth ye ffather and Daughters.
Another Witnesse that lives at Jeuffro Philips * of Words spoken & Maria's 2 Answ?.
They are all Ordered to withdraw.
Then ye Governor having Ordered a private Examinacon of Peter Groenendijke, Jannetije Blanck, & Maria De Lanoy, Hee was pleas' d to leave the Chayre to Mf Delavall 3 & the rest, soe retired.
Afterwards upon ye Governor Returne, The Meritts of the whole Case being debated at large, The Co? made this following Order.
At a Court Extraordinary held before ye Governor & Councell & Mayo' & Aldermen at ffort James in New Yorke ye 22th day of Aprill 1673.
The Ordf The Court having maturely & w^ Deliberacon heard &
of Court— Examined into the Mattf of ffact committed by Peter Groen-
endijck als Smith wth Annetije Blanck, & Maria De Lanoy,
[144] They doe adjudge, That ye said Groenendijke is
culpable of a very great Crime in debauching two Daughters
1 Apparently Margaret Hardenbroek, daughter of Adolph Hardenbroek, who was the widow of Pieter Rodolphus de Vries, a merchant of New Amster- dam, when Fredrick Felypse or Philipse married her in 1662
1 Maria De Lanoy.
1 Captain Thomas Delavall, member of the council.
Executive Council Minutes 175
of honest & Vertuous Parentage of this City under ye pretext of Marriage; And it being made manifest, That hee hath gotten them both wth Childe, & each of them having made their Complaint & sued to bee marryed to him accord- ing to his Promises to them; Wee doe finde that having falsifyed his ffaith to both hee is incapable of marrying of either of them; And for Reparacons of the Injuryes they have received by his Allurem1?; The Court doth Order & Award, That ye said Peter Groenendijke shall pay or cause to bee paid unto Annetije J31anck the Summe of One hundred & fifty Beave?, or the Value in Peltry, and the like Suine of One hundred & fifty Beavers more or Value in Peltry to Maria De Lanoy, & shall also for his Misdemeanor & breach of the Law, pay as a ffine to his Matf.e the Suffie of seaventy five Beavers, or Value as afore specifyed. And likewise that hee the said Groenendijke bee Committed into ye Custody of the Sheriffe of this City untill hee make Satisfac tion as aforesaid, or give Security for paymt of ye same within the space of six Weeks after the Date hereof. All Partyes aggrieved are to beare their own Charges, but the Party cast is to pay the other necessary Costs & Charges of this Suites
By Ordr of ye Governor and Court —
[145] At a Councell held at Fort James
y6 29th of Aprill 1673. Present
The Governo' Mr Steenwijck
The Secretary.
Exporta-
The Matter under Consideracon is about the Exportacon wheat
ofCorne. phibited.
1 76 Province of New York
That an Ordr bee made hereupon to Prohibitt ye Trans- portacon of Wheate in Grayne & Meale as before, untill farther Order.1
The Order thereupon is as followes. Viz*
The OrdF WHEREAS ye former Ord1? made prohibiting y6 Trans- portacon of Wheat in Grayne & Meale out of ye Governm were heretofore adjudged Beneficiall, & for ye Generall Good of ye Inhabitants, yet notwithstanding upon severall Applications made as well to the Governor as also to ye last Generall Court of Assizes, That the said Prohibition might be taken off, An Order issued forth from ye said Court com- plying wth their Request, upon the Provisoes in the said Order sett forth; But having since found by Experience ye Inconvenience thereof; and that the prices of Come doth not amount to the Value proposed; Having likewise susteyned a very hard Winter, wch hath almost consumed all other Grayne wch hath been made use of, for the support of Cattle, soe that [146] little or none is left but this alone for ye Reliefe of the Inhabitants; For the Reasons aforesaid, as also for diverse other good Causes & Considerations, The Governor by & with ye Advice of his Councell hath Ordered, & by these prsents doth hereby Order & Declare, That ye Permission for the Exportation of Wheat in Grayne or Meale out of this Government made the last Generall Court of Assizes2 shall bee suspended, and the former Orders for the Prohibition to bee in fforce from and after the Date hereof,
1 Collateral and Illustrative Documents, No. XLI.
8 The court of assizes, in October, 1672, had ordered, " That ye Prohibicon for ye Transportation of Corne for this yeare bee repealed; & it shall bee lawfull for any Man to transport Corne to Boston, or any place out of the Governm1, as long as the price of Merchantable Winter Wheat shall bee 4§: 6& & Summer Wheat 4? in Silver or above, but not under that price, upon the penalty of forfeiting the Value of what they shall soe dispose of; And what Strangers shall come to purchase Corn here, they shall not buy it under 4? & 3§: 6^ in Silver, or Goods Equivalent upon like Penalty." — Court of Assizes, vol. 2, p. 323.
r i673 i
LMay i
5J
Executive Council Minutes
177
wth ye same Provisoes & Limitations, & under y* same Penaltyes as heretofore; And that noe Person doe pre- sume to transport any such Corne or Meale as aforesaid, without a particular Lycence from the Governor for the same. This Prohibition is to bee & continue in force untill farther Ordr
By Ordr of ye GovernoT and Councell —
Present
[147] At a Councell in y® Fort.1 May 15^ 1673.
The Governor
Cap* Delavall
Cap* Steenwijck
The Secretary. A tre
from ye
The Dukes Lett? Dated Novem: 25^ read, relating to D- about New Jersey.2
A Letter from y6 Lord Berkley 3 & Sr George Carterett to recommend ye Affayres of New Jersey to ye Governo? Ld Berkley
Colt: Nicolls Patents of Elizabeth Towne and Nevisans &c: now made void by the Duke.4
A Letter from y* Lords Proprietor to Coll Nicolls con- firming his Patents before Cap* Philip Carterets Arrivall being objected, the State of ye Case to bee returned to his Royall Highness.
« Fort James, New York City.
•Printed in Learning and Spicer, p. 31; and in N. J. Archives, vol. i, pp. 97~98-
•John, Lord Berkeley, of Stratton. For a letter from the proprietors to the deputy governor and council of New Jersey, December 10, 1672, see N. J. Archives, vol. i, p. 108; and instructions of December 10, in ibid, p. 105.
«Navesink, N. J. See N. J. Archives, vol. i, pp. 14-19, 43-48, 108; Hat- field. Hist, of Elizabeth, pp. 29-42, 50-51. [12]
78
Province of New York
Milford Post.
Beacons to bee erected.
Whore Kill.
Sessions adjourned.
An Ordf thereupon.
A New Sheriffe in y? E. Riding.
The Ordf
About y6 Continuacon of ye Post to Milford, Concerning wch Governor Winthrops * Lett? of Encouragem^ is read, — It is Ordered, That hee bee employed to goe to Milford, but not to bee putt in practice till a Returne from Boston.2
About the Erecting of Beacons,
That it bee putt in Practice as farr as possible.
The former Ord? of Councell about Reducing the Whore- kill. That it bee putt in Execution by Commission to the Officers there.3
i [148] About ye Sessions, That it bee putt off this June till 'the Assizes or next Sessions in Decemb? at this juncture of time, of which Notice is to bee given to all the Justices.4
An Order to referr to. Vide y6 4th Book of Entryes.
That a New Sheriffe bee Nominated for the East Riding. And Ord? thereupon — viz*
The Governor & Councell having taken into Consideration, That ye time drawes nigh wherein a Returne of the Nomina- tion of High Sheriffe is to bee made, the three Ridings having successively taken their Turnes in having a Sheriffe for two full yeares together, the East Riding beginning, then the North, & at last ye West Riding To the end the Direc- tions in the Law bee Attende[d,] the Justices of y6 peace for the East Riding are to make Returne unto ye Governor of ye Names of three Persons, out of whom his HonoT will pitch upon one who shall have Commission to bee High Sheriffe of York-shire upon Long Island for ye yeare ensueing in y6 Place & stead of Cap^ Jn? Manning5 the prsent High
1 Governor John Winthrop, the younger, of Connecticut.
* Collateral and Illustrative Documents, No. XCII.
» Collateral and Illustrative Documents, No. LXX.
« Collateral and Illustrative Documents, No. XCIII.
•Collateral and Illustrative Documents, No. XCIV. Manning's second term expired, on the face of his commission, on June 3oth, but no immediate successor was chosen. In 1674, Sylvester Salisbury was high sheriff under Andros.
[n«y73ij Executive Council Minutes 179
Sheriffe, & the New High Sheriffe is to bee sworne & Enter upon his Employment at the Expiracon of the Date of the Commission of the Old one. r> Q ir »
[149] The Case of Daniel Lane, when & how to bee tryed ? l Dan: tone.
To bee suspended till his Wife come.
Mary Dobsons Peticon, read, & considered of. Dobsons
Ordered, That in regard y* Purchase was to bee paid long Petition, since to M? Gabrije,2 as by Judgment of Court, Shee is to TheOrdf pay y6 Remainder of the Sume unto him, but without Interest.
Asser Levyes Busynesse considered of, About Vander AsserLevy Cooley & Nichols De Meyer.3
1 Collateral and Illustrative Documents, No. XCV. The offense of Daniel Lane, of Brookhaven, referred to in the council minutes of May and June, was incest " on his owne daughter." His wife's name was Katharine. — Collections of N. Y. Hist. Society, 1892, pp. 57-58.
'Timothy Gabrije or Gabrie, as attorney for his brother Daniel, brought suit in the mayor's court of New York City, against Mary Dobson, as widow of George Dobson, for a debt of four hundred guilders in tobacco, being for a lot of ground hi New York City purchased by Dobson. The case having been in suspense since August, 1670, an execution was ordered by Mayor Laurence, on April 14, 1673. Mrs. Dobson's petition was, no doubt, an attempt to get a stay of execution. — Records of New Amsterdam, vol. 6, pp. 251, 283, 289, 363, 367, 373, 379-380.
8 Collateral and Illustrative Documents, No. XCVI. For a sketch of Asser Levy see Publications of American Jewish Historical Society, No. 8 (1900), pp. 9-23, and for his estate see Collections of N. Y. Hist. Society, 1892, pp. 112, 123. Reynier vander Cooley, or Coele, is found, in 1665, as a distiller, allowed to remove from the Delaware to New York " with his Stills, Vessells, and any other necessaryes belonging to him, or his Trade." He was sued for debt in the mayor's court of New York City, in 1669, being then a resident of Kingston, and for a time was imprisoned in New York City for this alleged debt, but released because " Frederick Pieterg. Moritz of Esopus is ye Originall DebtoF for the non-paym? " of a " Certaine bill of 325 G1^8 to be paid in Holland," which vander Cooley had assigned to Francis Rombout and Guilijn ver Planck, merchants of New York City. — Orders, Warrants, Letters, vol. 2, PP- J5t 521; Records of New Amsterdam, vol. 6, pp. 59, 121, etc. Nicholas de Meyer was a merchant of New York City. He and Asser Levy were made denizens on the same day, March 21, 1664/5, and at that time were given
i So
Province of New York
[1673
(.May 22
Ordr
Ordered, That Cap? Chambers l deliver ye Wheat, but Asser Levy to bee accomptable, if it doth not appeare the first Judgment is paid.
Pres?
[150] At a Councell held at Fort James ye 22^ May 1673.
Mr Graved
raat & C: Pawling about their difference.
The OrdF
C. Cham- bers & Edw: Whittacre.
The Governor Cap* Steenwijck The Secretary.
The Matt? under Consideracon is y6 Difference between Cap? Pawling,2 & M' Graveraat,3 of w°h diverse Papers are produced.
M' Graveraat relates his whole Case, & Cap? Pawling likewise by word of Mouth.
It appeares, That Cap? Pawling had been committed, & his Sword taken away by Ord? of Mr Graveraat formerly, wch aggravated their Difference & urged him to take Mr Graveraats Sword from him.
It is Ordered, That M' Pawling shall deliver Mr Graveraat his Sword againe, & ye Governo? enjoynes them to bee ffriends; In token whereof they joyne their hands together.
The Comp1? of Cap? Chambers about Edward Whittaker & his Wife, & his Wife & a Woman reputed to bee a Witch.4
permission to traffic at Albany. De Meyer was appointed an alderman of New York City by Lovelace, on June 7, 1669, to fill a vacancy, and he was reappointed thereafter to serve until October, 1670. He was mayor of the city, in 1676. For his will and letters of administration granted to his son, see Collections of N. Y. Hist. Society, 1892, pp. 187, 203. There is a sketch of his family in Riker. Revised History of Harlem (1904), pp. 320-321. 1 Captain Thomas Chambers, of Fox Hall Manor.
* Captain Henry Pawling, of the militia of Hurley and Marbletown.
* Isaac Graveraet, schout of Kingston.
4 Edward Whittaker had come over as a soldier with Governor Nicolls, in 1664, and continued in this service until the Esopus (Kingston) garrison was disbanded by Governor Lovelace. He received an honorable discharge, on
Executive Council Minutes 181
As to y6 first it's said, The Matt' is already determined, a ffine being sett upon him of twenty five Scheples of Wheate to the King./
[151] To ye next ye Woman hath been in great Trouble about it already, & some Difference between Whittakers Wife & the Woman, wth very idle Storyes.
It's Ordered, That both bee Acquitted, & the Woman to The Ordf bee declared innocent. As to the Cost that hath arisen upon this Occasion the Court of Sessions next are to adjudge it, & make Returne of it to ye Governor (how it shall bee layd) for his Approbation.
At a Councell in the Fort &c:
June I2*.h 1673. Present
The GovernoT Mr Delavall The Secretary.
The Mattf of Daniel Lanes Escape taken Consideration.
A Proclamacon to bee issued forth, That if the said Lane doe not come in betwixt this & ye Assizes, hee shall bee adjudged Guilty of what is laid to his Charge, & his Estate Confiscated, the wch is to remaine under Arrest in ye meane while. fTJ
Procla-
The Proclamacon is Entred at large in y6 4^ Booke ofjmaConvide Entryes.1 [
September i, 1671. Shortly thereafter he engaged in a sword duell at Kings- ton with Michiel de Modt or Moth, for which he was fined by the local court. His wife was named Hanna. They had a son, James, baptized in 1675. — General Entries, vol. 4, p. 34; Olde Ulster, magazine, vol. 4, pp. 144-145; Hoes. Baptismal and Marriage Registers of the Old Dutch Church of Kingston, p. 9.
1 Collateral and Illustrative Documents, No. XCV.
182
Province of New York
1673
une i
Mrs Lane & Daugh- ter to bee releasd.
Hen: New- ton to bee bound over.
A Fast. &c. The Ordf
Prohibicon of y6 Trans- portacon of Wheat.
suspended a while. Whore-Kill respited.
The Cus- tom^3 Compl*
[152] That M1? Lane & her Daughter bee Releast upon Bayle, but to bee bound over to ye Gena11 Court of Assizes.
Harry Newton * ye Keeper to bee Examined & bound over to the same Court likewise.//
The Affayre touching a Fast, Proposed by the Dutch Domine.2 &c:
It's Ordered, That noe particular but a Gena" ffast shall bee Celebrated in this City & Island, on ye Wednesday (Fortnight next, & throughout Long Island, Westchester & Places adjacent on the Wednesday following, which will bee Wednesday come 3 Weeks.
The Businesse about ye Prohibition of the Transportacon of Wheat to bee deferr'd, with ye Mayor & Aldermens Pro- posall about Wamp™ untill some time next Week when a Meeting shall bee had about it.^y
The Matt? of ye Whorekill to bee respited untill Cap* Carr, & those from Delaware doe arrive who are said to bee upon the Way.
Vpon ye Complaint of ye Custom1:8,3 wch was had in Con- sideracon, This Ord? was made viz1'.
1 Henry Newton was chosen by Governor Nicolls, on July 9, 1667, as marshal of the mayor's court of New York City, to succeed Claes van Elslant, Jr His first year's pay was one hundred florins, seawant. On October 10, 1670, he was known as court's sergeant and mace bearer and was paid five pounds per year as an additional compensation for bearing the mace. He served as messenger to the court of schout, burgomasters and schepens, after the recap- ture, hi 1673. Newton is found also, in 1669, as marshal of the West and North Ridings of Yorkshire. — Records of New Amsterdam, vol. 6, pp. 84-85, 141, 260, 348; vol. 7, p. 9; Orders, Warrants, Letters, vol. 2, p. 324.
'Wilhelmus van Nieuwenhuijsen, successor to Drisius, who had died on April 18, 1673.
* At the court of assizes, on October 7, 1672, the taking off of customs from goods was considered. It was objected that the governor's instructions per- mitted " noe Alteration in what hee found settled by his Predecessor," and that he could, for the present, only recommend approvingly to the Duke of York what was then proposed. Therefore, it was referred first to the bench to consider what would be proper to represent to the Duke of York. — Court of Assizes, vol. 2, p. 325.
Executive Council Minutes 183
[153] Vpon Complaint made, That great Abuse doth often The Ordr happen by ye Liberty Granted, That Custome should bee paid only for such Goods as were Landed & Disposed of here, diverse Merchants & others upon pretence of Trans- porting of such Goods to other Places, calling for & expecting ye repayment of ye Customes of such Goods back againe; It is Ordered, That from & after ye Date hereof all Custom- able Goods wch shall bee Landed in this Port or any other part of y6 Governm' shall pay the Vsuall Customes for such Goods without any Rebate upon their Transportacon else- where. And Consideracon being likewise had, that at this juncture & Season (being a time of Warr) little or noe Ship- ping Arrives here, soe that ye prsent Incomes of Custome is very slender, It is also Ordered, That noe Bills of Store shall bee Granted by y6 Officers of ye Customes, Although in better times the Governor will bee pleased to Gratify that way such as may deserve the same.
By Ordr &c:
The Lett1? from Esopus taken into Consideration about being Governed by English Lawes; 1 Whereupon It was Ordered as followeth, viz*
The Petition from severall of ye Inhabit1? at Esopus being taken into Consideracon, wherein they desire to have the Priveledge & Benefitt of [154] Enjoym* of ye English Lawes Establisht by his Royall Highness, & in practice almost throughout all his Territories, It is Ordered, That ye said Lawes shall bee Settled & practized in ye three Townes at Esopus, as in other Places, for the wch they shall receive particular Instructions. In the meane time ye Inhabitants of Marbleton & Hurley have Liberty to make choice in each Towne by a double Vote of a Constable & [blank] Overseers,
1 For the former order and regulations there, see Collateral and Illustrative Documents, Nos. X and XLIV.
Sopez to bee Gov- erned by English
The ^dr
1 84
Province of New York
r 1673 i
LJune 24J
& returne their Names unto ye Governour, who will out of them pitch upon the Persons to bee Confirmed in that Employm? for the ensueing yeare; Whereupon they are to take the Oath prescribed in ye Booke of Lawes before a Justice of the Peace for the performance of their Trust.
By Ord' &c:
A New Al- derman in For a New Alderman in ye Place of Mf Darvall to bee loo°[j£] respited untill recommended by the Mayor & Aldermen. ^ 1 A New For y6 Military Command of Cap1.11 in y6 place of M? Cap1? in_ Bedloo, To bee recommended to the Military Officers to Bedloo " returne ye Names of two Persons, out of whom the Governor will pitch upon one.2
About Wamp?1 being re- duct to a greater Value.
Pres*
[155] At a Councell held at y6 Fort June 24^ 1673.
The Governor Cap* Delavall Cap* Steenwijck The Secretary.
As also ye Mayo' & Aldermen.
The first Thing under Debate is ye Addresse from y6 Mayo? & Aldermen to the Governor about Wampam, being reduced, or some other way in stead of Coyne w** is wanting to bee found out for the Publick Good.
Vpon Consideracon had thereupon this following Ord^ & PROCLAMATION was made Viz?
1 William Darvall was commissioned an alderman of New York City, October 13, 1672. — General Entries, vol. 4, p. 220.
2 Collateral and Illustrative Documents, No. XCVII. The vacancy in the captaincy of the foot company of New York City was due to the death of Isaac Bedlow.
Viz* That 3 black shall goe for a StivF &6 White.—
Executive Council Minutes 185
WHEREAS ye great Scarcity of Wamp™ throughout these Prodama- his Royall Highness his Territoryes hath been taken into e°n about
5T •/ • • r i - WampP
Consideration, great quantityes thereof being yearely trans- ported & Carryed away by the Indyans, & little or none brought in as formerly, w°h is conceived to bee [156] occa- sioned by y6 low Value putt thereupon; And for that there is noe certaine Coyne in ye Governing but in lieu thereof Wamp™ is esteemed & received as currant payment for Goods & Merchandize as well as otherwise betwixt Man & Man, To the end there may bee an Encouragem* for the bringing in of y6 said Commodity of Wampam into y6 Governm*, and that those who have it by them may bee Induced to deliver out y6 same, The Governor by & with y6 Advice of his Councell hath thought fitt to Publish & Declare; & by these presents doth Publish & Declare, That from & after the Publication hereof at ye next Session of y6 Mayo1? Court in this City, In stead of eight white & four black Wampams, six white & three black shall passe in equall Value thereof as a Stiver or Penny,1 & three times soe much y6 Value of Silver, the wch all Persons are to take Notice of, & bee conformable thereunto. And that noe Person in y6 Governm* may prtend Ignorance herein Copies of this Proclamation are to bee sent & promulgated in Albany, Esopus, & Delaware, & likewise upon Long Island & parts adjacent thereto bee in force within Eight dayes after the Knowledge & Publicacon hereof./
Given under my hand &c: June 2^ 1673.
Six of these Proclamations were written, 3 for ye 3 Ridings,2 I for Albany, I for Sopus,3 & i for Delaware./ besides i for the City.
1 The value of " eight white and foure blacke " was established on October 10, 1664. — General Entries, vol. i, p. 43. On wampum as money see Beau- champ. Wampum and Shell Articles used by the New York Indians (Albany, 1901), pp. 351-356.
1 East Riding, North Riding and West Riding of Yorkshire.
1 Esopus, including Kingston, Hurley and Marbletown.
1 86 Province of New York
Peticon of [J57] The Peticon of y6 Bakers, & diverse other Inhabi- y6 Bakers tants of ye City to the Mayo? & Aldermen about the Survey- Cure-Mast! °rsnip or Cure-Master of Bread & ffloure, prsented by them
to the Governor & Councell;1
The Ordf - It is Ordered, That what any Merch* sends upon his own Ace* is adjudged to bee free (if hee pleases) to have it markt or not, but if it comes to the Weigh-house, & shall bee delivered to Strangers, or for the use of Strangers, It is to bee markt to avoid ffraud therein, & the Charge to bee equally borne, as is before Ordered.
A farther Moreover upon the Petition of ye Bakers &c: It is Ordered, That in regard the Governor hath already given out his Commission to a Person for ye Place,2 hee is to continue in that Employment untill the Inconvenience thereof shall farther appeare, except in the meane time ye Cure-Master shall wittingly committ any ffraud or Abuse in his Trust, Then hee shall not only bee discharged of his Employing but bee lyable to such Censure as the nature of the Matter shall require.
And all Merch*.5 who ship off Caske without Branding wth ye Publick Marke shall bee Obliged to have a known Marke of their own. Trans- The next Thing is ye Consideracon of ye Convenience or
portaconof Inconvenience of Transports con of Corne, that is Wheate Wheat. .
in Grayne &c:
Mr Deans M? Dean's 3 Letter read, wherein hee mentions to have sold the Governours Winter Wheat, at noe more then 3§: 9* per Bushell.
A Stop The Governor hath already putt a Stop upon the Trans-
upon y6
Transpor- l Collateral and Illustrative Documents, No. XCI.
tacon &c: 2 Collateral and Illustrative Documents, No. XCI, where the commission of
Christopher Hoogelandt is given.
1 Thomas Dean, a merchant of Boston, Mass. See General Entries, vol. 4,
p. 231.
r 1673 1
Uuly uJ
Executive Council Minutes
portation, upon Apprehension of the Scarcity [158] that may ensue in these times of Trouble./
It is Ordered, That ye Prohibition imposed by y6 Gov- T^e Pro- ernor doe remaine in ffbrce until! the next Gen*11 Court of remaine -m Assizes,1 both for the Reasons in the said Order exprest, force till & for that ye price currant doth not amount to the Suirie ye Assizes- therein proposed.
This Ordr to bee published.
Present
At a Meeting of y6 Governor & Councell wth The Mayor & Aldermen at y6 (Fort. July n^
1673-
The Governo' Mr Delavall MT. Steenwijck The Secretary.
Mr Mayor Lawrence
My Van Ruijven
Mr Oloffe Stevens.2
The Matter under Consideracon was a Proposall from y6 Mayor & Aldermen now at ye ffarming out of y6 New Packt, to take off the Excize of Small Beere & Killing of of Hoggs &c: In lieu whereof to lay some Imposition greater then formerly upon Strong Liquo1? & Wine.3
1 This general court was never held, on account of the recapture of New York, in the meantime, by the Dutch.
1 Oloff Stevensen van Cortlandt.
' For an order of May 5, 1670, regulating the manner and conditions of paying and receiving the innkeepers or tappers excise, see N. Y. Colonial MSS., vol. 22, p. 1 01. For the conditions for farming out the inkeepers or tappers' excise in New York City, from May 5, 1671, till May 5, 1672, see ibid, p. 114. The farmer of " ye Grand Packt or Tappre Excize" made
About tak- ing off y6 Excize from Small Beer & Cattle Killing.
1 88 Province of New York
The Ordr [159] The Governor & Councell having seriously debated
thereupon. thereupOn> jt [s thought fitt, That the Excize shall not only
bee taken off for this Ensueing yeare from Small Beer &
Hoggs, but also from Beefe & all manner of fflesh killed
here, or otherwise.
In y6 Place thereof an Advance shall bee putt upon Strong Liquo1?, Beere, & Wine as followes. —
Vpon an Ancker of Brandy, Rumm, distuTd Liquo1? &c: in stead of 2gUd - 5 Sti - 4gild: iosti:
ffor an Ancker of Spanish Wine, Madera, & Sack, in stead of 2 guild1? 5 Stiv1? - 3 Gild1?
ffor an Ancker of Rhenish or White-Wine in stead of I gild1? 2StL \ - 3 guild1?
ffor a Tunn of Strong Beere in stead of I guildT 10 Stiv1? - 2 Guild1?,/
ffor every Barrell of Syder - 3 Guild1?
New Jersey not included herein, only ye Dukes Dominions, Albany & Sopus excepted.1
complaint to Lovelace " that diverse Tapp1?5 or Inn holdrs & others who sell Wine or Strong Liquo1? by Retayle, doe either delay or refuse to pay ye Excize due from them according to ye Rules & prscriptions of ye GovernmV whereupon the governor authorized the sheriff of New York City " to Levy by Distress soe much as shall appeare to bee due from any person or persons; And those in Arreare are to beare ye Charges thereof." — General Entries, vol. 4, p. 128 (April 29, 1672). The soldiers of the garrison of Fort James were exempted from the payment of excise on beer. — Court of Assizes, vol. 2, p. 621.
1 Collateral and Illustrative Documents, No. XCVIII.
COLLATERAL AND ILLUSTRATIVE
DOCUMENTS
I— XIX
189
No. I.
PROCLAMATION OF FAST DAYS SEPTEMBER STH AND 220, 1668.
A Warrant for the Publishing a Gen"*1 day O^0L- of Humiliacon throughout his Roy all Highn.s (NYSL) Territories.
• Whereas with the Aduice of my Councell I haue giuen 1668
ordr that a Proclamacon be issued forth for the obseruing a Gen7?11 day of Humiliation throughout his Royall High"5 Territoryes for the Reasons therein set forth Yo? are there- fore hereby authorized & appointed to cause the said Proc- lamacon to be publiquely read both in the English & Dutch Tongues this prsent Thursday at the vsuall houre of Pub- licacon at the State house & afterwards to cause the same to be affixed in the most publique places of the Citty that none may plead ignorance but that all persons may duely take notice thereof & for soe doeing this shall be yoT warrant Giuen undf my hand at Fort James in New Yorke this 4^ day of Septemb? 1668.
[Francis Lovelace.] To M? Cornelius Stenwicke
Major [sic] of the Citty of New Yorke.
A Proclamation for the Obseruing a °- w- L. Gen^ day of Humiliacon through- (NYSL) out his R. Highnes Territoryes
Forasmuch as it appeares too manifest that not onely 1668 the Land in Generall but this Citty of Newe Yorke in per-
192 Province of New York
O. W. L. ticuler lyes now groaning undf the afflicting hand of Gods (NYSL) just Judgment in suffering his Ministr of death with an unusuall sicknesse to enter amongst us, whereby some are [Sept. 4] dayly swept away & many more lying on their languishing bedds, expecting each houre their dissolution w0.11 Judgm* as it must be confest (w**1 all submission to his diuine pleasure) to proceed from the hand of Almighty God in wthdrawing his favourable Countenance from us, so likewise it must be acknowledged (w^ all Contrition & Confusion of face) that o? manifold impietyes haue beene the sole Cause of it not onely by of great ingratitude for former blessings reel but by an obstinate perseuerance afresh in all manner of wicked- nesse more perticulerly in that inordinate & intemperate way of drinking & all manner of Impietyes that attend it in those most frequent oathes, execrations & Cursings to wc^ some are lead (to the greate scandall of Christianity) to that height of wickednesse that they will wish to be damned euen by those wounds & blood by wc.h alone they must hope to be saued, All wc.h crymes as they shall meet w*.*1 in due tyme all discountenance & seuere punishment to those that are guilty of them so likewise they will admonish & instruct us (awakened by the Judgment we suffer under) to lead us to a hearty contrition & repentance for it; And that God may be inclynd to be gratious & fauorable to us againe in healing or. Land by his mercifull reconciliation to us, It is thought at this tyme more then necessary that a Generall day of ffasting & Humiliation be kept; The Gouerno? there- fore by aduice of his Councell doth appoint that Tuesday next being the Eighth of this instant month is & shall be a day of Humiliation to be kept in this Citty & that the Tuesday fortnight following being the Two & twenti[e]th day of the said monthe be kept in the rest of the Territoryes belonging to his Royall Highnesse And that the Ministr.s of the respec-
[Hf-] Collateral and Illustrative Documents 193
tiue Congregations are desired to signifye ye occasion of this their solemne meeting.
Withall that they recoinend unto y6 Protection and direc- tion of Almighty God the Consultations & actions of their [Sept. 4] Gouernor who is newly constituted ouer them that he may see Justice duely & impartially executed Religion main- tained in its purity of doctrine Proprietyes preserued, that all under his Charge may be induced to lead a quiett & peaceable life in all godlinesse & honesty.
That God would protect by his hand of prouidence all those Shipps that are retorned from hence to their natiue Portes, see that not onely peace may be in o? Streets., but plenteousnesse in or. palaces.
That he would Engraft in or. hearts a Spirit of Vnity Charity & brotherly affection to each other.
That at this tyme more especially they would extend their beneuolence to the supporte of the poore wc.h stands in greate need of their assistance.
These things being recommended to all good Christians considerations there are hopes that they will meet with the good efforts desired; to the Execucon of w0!1 all Officers in their respectiue places are to giue their assistance in seeing those dayes set apart for Humiliation according to the true intent and meaning of this Proclamation And to yeild an obedience thereunto as they will answer the Contrary at their perills & all persons are hereby strictly enioyned to forbeare their ordinary labours on those dayes. Giuen und? my hand at Fort James in New Yorke this [4th] l day of [September] Anno Dm 1668.
[Francis Lovelace.]
1 The portions supplied here are blank in the manuscript.
[13]
194 Province of New York [*£'.
No. II.
REGULATION OF COMMERCE — EXPORTS AND
IMPORTS.
°- w* L* Resolucons for the Settlement of
(NYSL) Comerce to & from all his Ma11?8
Plantacons in America & oth? places to ye Porte of New Yorke & ye rest of his Royall Highness his Territoryes not prohibited by Acte of Parliament.
1668 First, That all sortes of Prouisions, horses, Cattle, Sheep, & all manner of wooden trade (being the proper product of theise his R. Higns.s his Territoryes) sent for Jamaica, Bar- badoes, or any of ye Cariby Islands, shall pay no Customes or Imposicons undf what name soeuer exported.
That, all Tobacco, Sugers, Gotten, Indico, ffish, Salt, Braziletto, Compechio wood, & all othr Comodityes, being the proper product or merchandise of theise Islands, places or Territoryes, shall pay no Custome imported Potable liquors onely Excepted wc.h alone shall pay custome at the Rates of 4 per Cent in Currant money specie, or in goods equiuolent.
That, No Tobacco of what sorte soeuer exported into any of his Ma11?3 Dominions shall pay any Custome but such quantityes thereof as shall be exported into forreigne partes shall pay halfe penny per pound as in England.
That, all Beauers & Peltrey wc.h shall be exported into any of his Ma*'.68 Dominions in America shall pay 10 ^ Cent:
Shipps from England or w^ English goods from
Opposite p. 195.
r
DRAUGHT OF FORDHAM AND THE MEADOW [1669]
(Original Size.)
rlfo.i LiiiJ
Collateral and Illustrative Documents
'95
m
Specie o. w. L.
a: 322
(NYSL)
places shall onely pay 5 ^ Cent of all goods imported.
All Goods wc.h haue paid Customes may be Exported free from New Dutyes, neithr shall any man be Compelled to Nov. 18 unload upon prtence of breaking bulke in the Road paying onely for such goods landed as are lyable to pay.
And whereas former Copies of Resolutions of this nature being sent abroad haue fallen into the hands of some persons not wishing well to the flourishing Estate of this place who haue adulterated & falsified them contrary to the true intent & meaning of the same It is therefore thought fitt for the undeceiuing of the world to make this Second Publication Giuen undr my hand at ffbrt James in New Yorke on the Island Manhatans this 18^ of Nouemb? 1668.
[Francis Lovelace.]
No. III.
JOHN ARCHER, AND HIS CONTROVERSIES WITH
FORDHAM, HARLEM, WESTCHESTER, AND
INDIVIDUALS.
[Deed from Elias Doughty to John Archer.] D.e*d|
(Sec. State)
Recorded for Mr John Archr this 24th day of September. Anno Dm 1671.
Know all Men by these prsents that I Elyas Doughty of Flushing doe Sell unto Mr John Archer of West-Chest1" his Heyres & Assignes ffbure Score Acres of up Land, and Recorded Thirty Acres of Meadow lyeing & being betwixt Brothers sept ^4
etc.
196 Province of New York fin]
Deeds R;ver anrf fa Watring Place at ye End of the Island of (Sec! State) Manhatans, and if ye Land be not fitt to Cleare for ye Plow or How, this Land is to lye together; And if there be not all Mar. i such Land together as there should, or if there should happen etc* to be eight or ten Acres of Land that is not fitt for such
Use, Then ye said Archer is to have it with ye rest, and hee Sept. 24 shall have equall Right and Priveledge in ye Commons as any otheir Men shall have within that Patent, that hath noe more Arable Land, and ye Meadow is to be mowed all. As Wittness my Hand this first of March 1666. As Wittness if there should lye any more Land, that is to say between ffourty or Thirty Acres, It is all in Common; And I am to give ye said Archer a firme Bill of Sale under my Hand and Seale.
Elias Doughty Thomas Okeley.
I Elias Doughty doe own to have received full Satisfac- tion of ye said Archer for ye said Land & Meadow, ye House is yett to be [blank] And ye said Archr is to have his [blank] within the above-said Tract of Land.
Septembr y6 18^ 1667.
It is to be understood that Mr John Archer is to have the ffreshest Boggy Meadow that lyeth on ye South side of Westchester Path, within ye Patent of Mr Oneale within his second of Purchase wch is upon Consideracon that ye said John Archer shall pay to ye said Doughty; As witness my hand
Elyas Doughty.
[in] Collateral and Illustrative Documents 197
A warr* to the Constable of West- o. W. L. chester about some Meadow (JIY^L) Ground claim' d by Harlem.
Whereas I am informed that the Inhabit*3 of Harlem have 1667 for divers yeares mowed their Hay in the Meadowes on the other side of Harlem River, where John Archer of yor Towne pretends an Interest by vertue of a patent graunted for the Yonckers Land to Hugh Oneale & Mary his wife: These are to require you to warne the said John Archer that hee forbeare cutting Hay in. those Meadowes this present season, & likewise that hee doe not presume to molest those of Harlem, vntill I shall bee fully satisfyde of the Titles on both parts, & give my Judgm^ thereupon to whom of right the s? Meadowes doe belong: Giuen under my hand at (Fort James in New Yorke. this 16— day of August. 1667.
R. Nicolls.
[Deed from Elias Doughty to John Heddy.] Deeds
Recorded for Jn? Heddy Sep? 2#h 1672. (SeC*
Bee it known unto all Men by these Presents that I Elyas _l668
J June 7
Doughty of flushing in the North-Riding of York-shire on - Long Island in America wthin y® Territoryes of his Royall ^72 Highness the Duke of Yorke, under y6 Command of the Sept 26 Right Honble Cott. Richard Nicolls Governor Gen?11 of the same by Vertue of the Assignacon of a Patent from my Brother in Law Mr Henry Oneale & Mary his Wife, have alienated, estranged, demised, bargained, & sold, & doe by these Presents alienate, estrange, demise, bargaine & sell unto John Heddy late of West-Chester wthin the Riding, & Goverment above-menconed two hundred Acres of Vpland belonging to the said Patent, to beginn at y° North-side of the Planting ffield, where y6 abovesaid John Heddy shall see
198 Province of New York
Deeds most convenient; Viz* to beginn at the West, & runn towards (Sec. State) the East, the length & breadth thereof to bee as the Pur- chaser shall see most Comodious; wch is for and in consid- June 7 eracon of full Satisfaction already received by a Horse; And Recorded ^urtner I tne said Elyas Doughty doe make over and deliver unto t^ie sa^ J0*111 Heddy twenty Acres more of Vpland adjoining to the abovesaid two hundred, wch is all to beginn at the North side of the Planting ffield belonging to William Betts and George Tippett from ye West end of the Land, & to runn in length Eastward towards Bronck's River; And further I the abovesaid Elyas Doughty have sold unto the abovesaid Jn? Heddy one hundred Acres more of Vpland, lying & being in the aforesaid Range for & in consider a con of five pounds to [be] paid upon Bill according to Agreement; All wch I Elyas Doughty have sold & made over from mee my Heyres & Executors to ye said Heddy his Heyres, Execu- tors, Administrator or Assignes; To have and to hold for- ever; Maintaining the same free from any Incumbrances, that may or shall hereafter arise from any Person or Persons, laying any Clayme or Title to the same, Interested in ye above-mentioned Patent. In witness to wch I have hereunto sett my Hand and Scale this 7th day of June in ye yeare of our Lord, One thousand six hundred sixty eight; & in ye 2Oth yeare of the Reigne of our Soveraigne Lord Charles ye 2<? by the Grace of God, King of England, Scotland, ffrance, & Ireland, Defender of the ffaith &c:
Elias Doughty. — (Scale) Signed Sealed & Deliverd in the prsence of us John Holden. George T Tippett
his marke. Wm Betts. Jn° Marshall.
[E&] Collateral and Illustrative Documents 199
Endorsed on ye Deed as followeth. Deeds
7 3:142
(Sec. State)
These may Certify, That ye within men coned three hun- dred & twenty eight Acres of Land is layd out as followeth; Inprimis, Twenty eight Acres lyeing in one piece, beginning Rec from the Markt tree of Wm Betts & George Tippett, from 1672 thence running due North 24 Chayne in length, & in breadth due East 20 Chayne, being bounded on the South wth the Land, of Wm Betts & George Tippett, & to ye Northward & Westward by ye Land of Cap* Delavall; the other two hun- dred Ninety two Acres beginning at ye Eastward end of the twenty eight Acres, Running in length due East Eighty Chayne, & in breadth due North Thirty six Chayne & fifty Lincks, being bounded to ye Southward by the Lands of Wm Betts & George Tippett; & to ye Eastward, Northward, & Westward by ye Lands of Cap* De-Lavall; wch aforemen- coned Land was surveyed & layd out by mee as afore exprest. Given under my Hand this 3? day of Septemb? 1672.
Robert Rider.
The Sense & Judgm* of yc Cort concerning O. W. L. y6 verdict given for Ramsden ag- Oneale. (NYSL)
These are to Certify all whom it may concerne that at 1668 ye Tryall had at ye Assizes in y[e] yeare 1666 between Hugh Oneale and John Ramsden though ye verdict and iudgment of ye Cort was given for Ramsden against Oneale, yet it was then declared and was the sense of ye Cort that it was no way in prejudice to ye Patent belonging to Youncker vander Donck, who ought to have his full proporcon of Land accord- ing his Said patent notwithstanding. Dated at New Yorke this Ist day of July 1668.
Matthias Nicolls Sec'
2OO Province of New York [m]
Deeds [Confirmation of Gift from Elias Doughty to George
(Sec. State) Tippett.] l
1668 Bee it knowne unto all Men by these prsents that I Elyas Doughty In Confirmation of the Guift of an Island lying & being within the Liberty of my Pattent Concerneinge yfc land wch was once Youncker Van Dunckes which I gave ffreely unto George Tippett or his Order, May 1667, I now Confirme & Establish the same, under my hand and Scale this Sixth day of June anno, 1668 & in the twentyeth yeare of the Reigne of our Sovrraigne Lord the King.
Eli j as Doughty (scale) Signed Sealed & Delivered in prsence of us John haden2 John Holden
Deeds Recorded for George Tippett of Spiting
<Se2c! State) Devill Febry 27^ 1668.
1668 Be it knowne unto all men by theise prsents that I Elias
Doughty in Confirmation of ye Guift of an Island lying &
Ri668/9d being wthin ye Liberty of my Pattent concerning that Land
Feb. 27 wch was once Youncker vand? Duncks wc.h I gaue freely unto
George Tippett of his ord? in May 1667. & now do confirme
& Establish ye same undr my hand & Scale this 6t.h day of
July Anno 1668. & in ye zo**1 yeare of ye Raigne of our
Soveraigne Lord ye King &c
Elias Doughty (scale) Signed & Deliuered in ye p?"sence of us. Jn<? Holden Jn? Hackden3
1 Two record copies are given because they exhibit variations. •John Heddy or Hedden. •John Heddy or Hedden.
[in] Collateral and Illustrative Documents 201
[Deed from Elias Doughty to Betts and Tippett.]
Recorded for George Tippett fob*? 22* 1670. (Sec-State>
Be it knowne unto all men by theise prsents that I Elias 1668
Doughty of fflushing in ye North Ryding of Yorkshire on
Long Island in America wthn ye Territoryes of his R. Hss *&$? y? Duke of Yorke undr y<? Comaund of ye Rfc. Hon*le Co!1 Feb. 22 Richard Nicolls Governor Gen'11 of y? Same haue by vertue of y? Assignation of a Pattent from my brother in Law Mr Hugh Oneale & Mary his wife alienated estranged demised bargained & sould & dtf by theise prsents alyenate estrange demise bargaine & sell a parte & parcell of that Land & meadow belonging to y? said Pattent for & in consideration of a considerable Sume receiued & to receiue w?h land & meadow I th'abouesaid Doughty haue sold unto William Betts & Georg Tippett who are possest of parte of y? same (viz1) y? said Land & meadowe w?h was formerly in y? posses- sion & occupation of old Youncker van der Dounck, y? planting feild belonging to y® said Purchase to be of ye north syde of y? said purchase, y? marked trees making mention of y? Same, & w<rh runs west to Hudsons Ryver & East to Broncks his Ryver w*h all y? Upland from Bronx his Ryver Southward to Westchester path, & so runs due East & west beginning at y? boggy Swamp wthn y? Libertye of y? said Pattent & y? Southward most bounds to run by ye path that runneth or lyeth by y? north end of th'aforesaid Swamp & so to run due East to Broncks his Ryver & due west to that meadowe wch cometh from y? wading place, w^h all y? mead- owe from ye Stake wc.h is on y? Eastward syde of th'aboue- said wading place w?h is now in controversy betweene me y? abouesaid Doughty & some Inhabitants wthin Harlem, wth all y^ meadow betwixt th'abouesaid Stake Eastward & * Hudsons Ryver westward from y? abouesaid wading place at y? hithermost end of Manhatans Island, wth all y? Upland
2O2 Province of New York [Si]
Deeds betwixt that & Hudsons River westward & so running north- s' *34 (Sec. State) ward to y* East & west lyne before mentioned at ye. end of y?
planting feild Except ye thirty Acres of meadowe w?h I haue July 6 sold unto Mi" John Archer w?h y? abouesaid Betts and Tip- Recorded pett is to see ^fourmed unto y? abouesaid John Archer, & Feb°22 ^or t^iat ParceM °f meadowe wc.h is nowe in Controversy betweene y? Harlem men & my Selfe if it be recovered by them or their order they shall peaceably enjoy ye Same according to y? Tenor of y? Pattent paying unto me or my order Ten pounds of Current passable pay according to y? Custome of theise partes, & in Case y? same due shall be recovered then M? John Archer his proportion of Thirty Acres of meadowe is to run upward by y* Island where he is to haue y* full complement of y? said Thirty Acres, All w?h I haue from my selfe my heires or any oth? ^son or ^sons interested or concerned in ye said Pattent Sold & made over unto ye afore-mentioned William Betts & George Tippett or eithT of them their heires Executors or Assignes To haue & to hold for ever, & y? Same peaceably & quietly to enjoy maintaining y? Same free from all Incumbrances of any ^son or ^sons concerned in y? Pattent Indians Excepted, It is to be understood that M^ Archers meadowe is to be laid out in Case Harlem men enjoy their possession at ye Stake parting ye said meadowe in controversye & ye other meadowe wc.h I haue possest them of, In witnes whereof I haue hereunto sett my hand & Scale this 6^ Day of July Anno Dni 1668 & in y? aoth yeare of y? Raigne of of Sover- aigne Lord Charles y? Second by y? Grace of God of England Scotland ffrance & Ireland King Defender of ye faith &c
Signed Sealed & delivered Elias Doughty
in ye prsence of us John Holden John Hadon1
John Marshall. 'John Heddy or Hedden.
[ml Collateral and Illustrative Documents 203
A Warrant for Georg Tippett & Richard °- w- L- Betts to deliuer vp Thomas Wandalls Hay: (KYSL)
Whereas Thomas Wandall hath made Complaint unto 1668 mee, That hauing hired a parcell of meadowe ground neare Spiting Divell of John Archer & mowed the same for his wintT prouision of hay w0!1 you quietly suffered him to doe wthout any disturbance or prtence thereunto yet when he came to fetch away die hay w0!1 he had mowed yo? opposed him & since haue carried it away yorselues laying clayme to the said meadow These are to require yo? that vpon sight hereof yo? deliuer up unto the said Thomas Wandall all that parcell of hay w0!1 he hath mowed as aforesaid & w0!1 yea carried away He hauing no tyme now to make provision elsewhere being about a publique Imploym* of making up his proporcon of wall in this Citty. And if hereaftf the title at law being decided (betwixt yo" & the persons concerned) it shall appeare that the said meadow ground doth belong unto yo? Then the said Thomas Wandall shall make yof. paym? & satisfaccon for the same according as shall be adiudged reasonable by two indifferent men to be Chosen betweene you Giuen und? my hand at Fort James in New Yorke the 3? day of Septemb.r 1668.
[Francis Lovelace.] To Georg Tippett &
Richard Betts.
The Constable of Westchestf is to see this warr* put in execucon if occasion be.
An Order concerning John Archers o. W. L. Land vpon the Maine.
Whereas the Inhabitants of the Towne of Harlem haue X668 made Complaint against John Archer that haueing seated
204 Province of New York [m]
O. W. L. himselfe very neare unto some Lotts of meadow ground vpon (NYSL) the maine belonging unto their Towne he is a dayly tres- passer vpon them with his Cattle & that the said ground Nov. 6 lying in Length alongst the Creek or Kill cannot wthout very great charge be fenc't in Vpon a full hearing of what can be said or alleadged on both partes It is this day ordered that the said John Archer doe within fifteene dayes after the date hereof bring in the Originall Pattent of the Land where he now Hues & that he then make appeare by what right or title he Claymes an interest there after which tyme some persons shall be appointed to view the said meadowe ground as also the lands adiacent in the possession of the said John Archer who are to make reporte how the meadowe may be best prserued from further damage & Trespasse Given under my hand at Fort James in New Yorke this 6t.h day of NouembT 1668.
[Francis Lovelace.]
O. W. L. John Archers Land neare Spiting Divell
(NYSL) belongg to the Towne of Harlem.
1668 Whereas the Inhabitants of the Towne of Harlem haue Nov. 6
made Complaint against John Archer that vpon prtence of a certain purchase he layes Clayme to a certaine parcell of Land vpon the Island neare Spiting Divell w?h is within the lymitts & bounds of their Patent & of right belongeth to their Towne Vpon a full hearing & debate of the matter in difference on both partes It is this day adiudged that the land in Controuersy doth belong to the Towne of Harlem by vertue of their Patent & that the former ground breife or Patent graunted by Governor Kieft is of no validity it being forfeited by seuerall actes of the Government Howeuer in regard the owners thereof haue susteyned losse vpon the
fin] Collateral and Illustrative Documents 205
said Land it's recomended that some expedient be found °« w. L. out to make payment to them of so much as the first agree- (NYSL) ment for the sale thereof was made Giuen under my hand at Fort James in New York this 6*h day of November 1668. Nov. 6
[Francis Lovelace.]
An Order for John Archer to remaine in peace- °» w- L- able possession of his land till the 14th day (NYSL)
of Febr next.
• £ "•
Whereas by an order of the 6*h instant John Archer was l668
Nov. 21 appointed by the one & Twentith [sic] day of this Month to
bring in the originall Patent of the Land where he now Hues & also that he should make appeare by what right or title he claymes an interest there He hauing accord- ingly this day appeared when the Record of the originall Patent was viewed but his title being not so clearly made out as it ought to be & as he alleadges in some shorte tyme he can doe It is this day ordered that the said John Archer haue further tyme for the clearing thereof till the 14th day of February next In the meane tyme he is to remaine in peace- able & quiett possession of what he now enioyes wthout any disturbance or molestation he giuing no iust cause of com- plaint to his neighbours Giuen under my hand at Fort James in New Yorke this 21th day of Novb.r 1668.
[Francis Lovelace.]
An Order for the Releasement of John O. W. L. Archers Cattle formerly attached. (NYSL)
Whereas you did heretofore lay an Attachement vpon some Cattle belonging to John Archer vpon prtence of some ov' 2I difference betweene you; Yo" are hereby ordered to release
206 Province of New York
°2-^2 6* ^e sa^ Attachement so that the said Cattle may be free &
(NYSL) at his owne disposall The matter in dispute betweene yo11
1668 vPon tnat account already hauing beene heard & issued
Nov. 21 before mee Giuen under my hand at Fort James in N. Yorke
this 21^ day of Nouember 1668.
[Francis Lovelace.] To the Constable & Ouerseers of New Harlem.
Deeds [Deed from William Betts to John Heddy or Hedden.]
(Sec. State)
Recorded for Jn? Heddy aforesd die & A° prdictis.
^1668 Bee ;t known to all Men whom these prsents may concerne, that I Wm Betts Inhabit of West-Chestl in ye North Riding of New Yorkshire have, and doe by these Presents Bargaine,
Sept. 26 sejj^ anc| gett Qver a certame parcell of Land in quantity twenty foure Acres four Acres adjoyning to Jn? Heddy' s House in the old ffield, & the other sixteen Acres lyeing Southward of the Old ffield, wch I [sic] John Heddy hath in possession, & the other foure Akers is Meadow Ground ffresh & salt, lying wthin the tract of Meadow, wch the said Betts bought of Mr Elyas Doughty; I say I have sold the above-men coned Lands, wth all Rights, Titles, Priveledges, & Promts, Benefitts, & Emoluments in & about ye Premisses that is or hereafter shall arise from mee my Heyres, Executo^, Administrator3 or Assignes, unto John Hedden of the same Place & County to him the said Hedden his Heyres, Executor8, Administra- to", or Assignes; To have and to hold ffree Land as from mee and mine, to him the said Hedden & his as abovesaid; & I the abovesaid Betts doe binde mee & mine as aforesaid to defend the abovemen coned Premises from all & any Persons or Proprietor that shall or may arise, the Indyans only
[in] Collateral and Illustrative Documents 207
excepted, good and warrantable to the abovesaid Hedden Deeds & his as aforesaid; And the abovesd Hedden is to Summer (Sec. State) noe more Cattle on the abovesd Premisses then hee doth Winter on the abovesaid Premisses, & I the abovesaid Betts ^^4
doe acknowledge to have full satisfaction of John Hedden •
for the abovesaid Lands; As Wittness my Hand this 4th of 1672 Decembr An0 1668. & in ye 2i^h yeare of his Ma*es Reigne Sept *6 Charles ye 2d King of Great Brittaine Scotland, fFrance & Ireland, Defender of the ffaith King.
* W1? Betts.
Testes
Thomas Hicks.
Benjamin fford.
[Caveat on behalf of Town of Westchester.] c. A.
Feb-7 13* 1668. " '
A Caveat was this day Entred by Richard Ponton John
Ferris & Joseph Palmer on ye behalfe of ye Towne of West- Chester, That ye Land where John Archer is seated or any from him if not included in ye Pattent graunted to Mr Oneale & his wife is claymed by the Towne of Westchestr to belonge to them as wthin their Lymitts.
A Coiriission graunted to Mr Jn? Rich- °- W. L. bell, Mr Wm Lawrence, Mr Tho: flresL) Wandall & at &c to decide ye differ- ence betweene ye Inhitants of West- chestr & at &c
Francis Louelace Esqr &c Whereas I am given to under- 1668/9 stand that there are severall disputes & differences arisen betweene ye Inhabitants of ye Towne of westchestr & diuers
208 Province of New York
°2-W 8 ot;hers wthin their prcincts who haue perticuler patents of (NYSL) their owne That is to say betweene ye Inhabitants of West- chest?" & Wm Willett for some meadowes neare unto or Feb. 24 about Cornells Neck, wch they lay clayme to as also between them & Thomas Hunt about Coinonage upon Throckmortons Neck, & a watring place wc.h he alleadges he hath a long tyme enjoyed, & likewise with John Archer about ye Lands he is seated upon by vertue of a Patent graunted to Hugh Oneale & Mary his wife formerly called ye Younkers land These are to nominate authorize & appoint & by this my prsent Coinission yo" are nominated authorized & appointed to be Commission1? to view ye Lands & meadowes in dispute as also to Examyn into & heare ye matters in difference & what can be shewed & alleadged on eithr parte To wc.h pur- pose yoV may peruse their Patents & any other wrytings or Records relating thereunto as also call before you & Examyn any wittness or wittnesses ye better & more fully to informe yo-selues of ye Truth yo? are to give yo? Judgm* thereupon accordingly by ye first day of Aprill next of wc.h yo" are to rend? me an Account And yo? Determinacon or ye Ma jo? parte of yo" in ye prmisses shall be a finall Conclusion of all such matters in dispute & difference betweene ye said partyes unlesse any or either of them shall upon good ground finde cause to appeale from yo? sentence to ye superior Court of this Governm* at y6 Genr" Assizes Given und? my hand & Scale at ffort James in New York this 24*.* day of February in y6 21. yeare of his Ma61.68 Raigne Annocp Dm. 1668.
To
M? John Richbell of Momoronock M? Wm Lawrence of flushing Mr Tho: Wandall of Maspeth Kills M? Jaques Coutilleau of New Vtrecht M? Resolved Waldron of New Harlem.
Collateral and Illustrative Documents 209
A warr* to John Archer to take vp a °- w- L« J 2:404
stray horse. (NYSL)
These are to empower you to make enquiry after and to Al669 take up if hee can bee found a certaine Stray horse running in y6 woods or Some other place neare unto or about yor Towne of West-Chester the Said horse being of a gray Colr and branded with an Anchor on yte] neare Should1", And that you cause him to bee brought to this Towne, where hee Shall remaine untill it bee made appeare to whom it doth with right belong, or bee disposed of as ye Law shall direct And for So doeing this Shall bee yor warrant. Given under my hand at Fort James in New Yorke this 3Oth of Aprill 1669.
Fr. L:
To John Archer alias Coopall These.
Another to take up a stray Bull.
These are to empower you to take up a certaine Stray bull now running at yor Plantacon about 3 yeares old the which you are to marke and if you find it convenient geld him and if the right owner appeare not to claime him within the tyme in the Law prescribed that you dispose not of him without my order. Given under my hand at Fort James in New Yorke this 3Oth day of Aprill 1669
Fr. L.
To John Archer
These.
Liberty to John Archer to settle O. w. L. 1 6 familyes at Spiting Devill. (NYSL)
These are to certify all whome it may concerne That I 1669 haue given leaue to John Archer to Settle Sixteene familyes
2io Province of New York [in]
O. W. L. upon the Maine neare the wading place according to direc-
(NYSL) tions formerly given, and that what agreem1 hee Shall make
with ye Inhabitants as to their proporcons of improvable
May 3 Land and homelotts; I Shall bee ready to confirme, but do
respite the Setting out the uttmost bounds for their Range,
untill I Shall come once more upon ye Place after wch I Shall
grant a patent for their further assurance. Given under my
hand at Fort James this 3th day of May 1669:
Fr. L.
O. W.L. An Ord? forbidding ye furth? proceedings
(NYSL) of John Archer to cutt grasse, on
ye meadow belonging to Harlem.
1669 Whereas I am given to understand that without leave or June 3
order you haue presum'd to cutt the Grasse upon y[e] Meadow
ground or Valley which belongs to y[e] Inhabitans [sic] of Haerlem and is within their patent. These are to Require you to proceed no further therein and that you forbeare giving them any molestacon as you will answer ye Contrary at yor Perill. Given under my hand at Fort James in N: Yorke this 3d day of June 1669
[Francis Lovelace.] To John Archer alias
Copeall or any other the
Inhabitants at Spiting
Devill whom this may
concerne.
O W L
2: 488 Ord? forbidding ye cutting of hay at Spiting Devill.
(NYSL)
1669 Whereas Complaint is made unto mee that some of you r27 doe cut and Carry away a greater proporcon of hay out of
[m] Collateral and Illustrative Documents 211
the meadow or valley lyeing betweene you and John Archer °» w- L-
then doth belong unto you so that you leave those farmers at (NYSL)
Fordham neare Spiting Divell destitute though John Archers
tittle doth precede yor. These are to require you that you j^iy 27
doe not cutt or Carry away any more hay but leave ye same
as now it is untill I shall come or send to view the ground
and give my Judgm1 to whome of Right it doth belong.
My pres* intent is to bee there on thursday next. Given under my hand at fort James in New Yorke this 27th day of July 1669.
[Francis Lovelace.] To Richard Betts
and G Teppett and [sic] l
An Ord? forbidding ye disturbance of ]n°. O. W. L.
2 ' m1? Archer in ye injoym* of his land at Spiting (NYSL)
Devill.
Whereas I am giuen to understand y^ ye surveyo? hath 1669 laid out a sufficient quantity of meadow ground for yo? three farmes neare unto yor habitation w?h is much more in Proportion then any of ye Lotts at Spiting Devill can be supplyed wtl? These are to require you that yo" forbeare giving any disturbance to John Archer or any of those farmes at ffordham, & that yo" doe not prsume to cutt their grasse but content yorselues wtj? what is laid out for you. wthin yor lymitts, Giuen undr my hand at fforte James in New Yorke this 23^ day of August 1669.
[Francis Lovelace.] To William Betts & George Tippett.
1 Apparently the name of John Heddy is omitted.
2 1 2 Province of New York
O- W^L. An Qrd? for Wittm Heyden & Sam: Drake
(NYSL) of Eastchest? to make inquiry in ye mattf
between Jn? Archer & ye farmers &c.
Se I69u Whereas John Archer on ye behalfe of himselfe & ye rest seated at ffordham about some hay cutt & carryed away from each others proportion of meadow ground, & both partyes being willing to putt their Case to a refference to be judged by yo? two These are therefore to authorize yo" to make inquiry into ye matter & to ord? it soe that if John Archer hath cutt & carryed away any grasse from ye meadow belong- ing to ye three farmes or if they haue cutt or carryed away any from ye proportion assigned to Fordham that an Esti- mate be made of each proportion, & that those who haue taken more then their share doe make satisfaction to ye othf Giuen und? my hand at ffort James in New Yorke this ii** day of Sept*?r 1669.
[Francis Lovelace.] To William Hayden & Drake of Eastchest?
[Indians' Deed to John Archer.] (Sec. State)
Entred for John Archer March 4^ 1669.
Sept6928 ^e ** knowne unto all men by theise prsents that upon y* — — 28*h day of September in ye 2i*h yeare of ye Raigne of our 1669/70 Soveraigne Lord Charles the Second by ye Grace of God 4 of England Scotland France & Ireland Kinge Defend? of the faith &c Annocp Domini 1669. Wee Tacharetht, Nisme- tarhatinn, Wackha, Punckekch, for & on ye behalfe of Ahwaroch, Achipor, Minquaes Sachemache, for & on y6
[m] Collateral and Illustrative Documents 213
behalfe of Annetie Pownock, for & on ye behalfe of Deeds
3: 127 Lyssie, & we on ye behalfe of ye rest of y6 Owners for (Sec. Stai
the consideration hereaftT exprest Have Graunted bargained
& sould & by theise prsents doe hereby Graunt bargaine Sept. 28 & sell unto John Archer of Fordham his heires & Assignes Recorded a certaine Tract of Upland & meadow ground upon ye maine, begining Westward from a certaine place by ye Indians comonly called Mascota so it goes to anoth^ place called by them Yowahamasing & from thence Round about ye Kill called Papiriniman & so to run into Har- lem Ryver at y6 Hook called Saperewack, from thence it reacheth South East to y6 Place called Achquechgenom & from thence it reacheth alongst Bronckx Ryver to Cowan- gongh, so on to Sachkerah & so to the first place Mascota, so that from Mascota to Sackerath It runs upon a straight East Lyne to Bronckx Ryver, & from Saperewack toAcqueck- genom South East to yf said Ryver, All w?h said Tract of Land as it is before described Wee the aforesaid Indians on the behalfe of our selues those that have intrusted us & our Associates, Have sould unto ye said John Archer his heires & Assignes for & in consideration of Thirteene Coates of Duffells, One halfe Anchor of Rufne, Two Cans of Brandy- wyne w^h seuerall other small matters to ye Value of sixty Guilders Wampom, All w?h we acknowledg to haue Receiued of him the said John Archer before th'ensealing & deliuery of theise prsents in full satifaction for y6 Lands aforemen- coned, The w?h we doe hereby resigne & make over unto y° said John Archer his heires & Assignes w*h all o? Right Title & interest thereunto as also theirs that haue intrusted any of us & or Associates To have & to hould the said Tract of Land & prmisses unto ye said John Archer his heires & assignes unto ye proper use & behoof of him ye said John Archer his heires & assignes for ever, free quitt & cleare
214 Province of New York [m]
Deeds from all or any former bargaine & sale, or any othr Incum-
(Sec. State) brances by us or by any from or undr us, & to ye utmost of o?
powers shall keep & saue him the said John Archer his
Sept. 28 heires & assignes harmlesse in his or their quiett possession
Recorded & Enjoyment of ye prmisses against any othe? Indian prtend-
Mfurch74 ers whatsoever In witness whereof we haue hereunto put o?
hands & scales y6 day & yeare first wthin wrytten.
This bargaine & sale was made by ye Approbation & Lycence of his Honof ye Governour betweene ye Partyes menconed: w*h this Provisoe That his Royall Highness his Rights & Priviledges as Lord Proprietor of theise his Territoryes be hereby noe way infringed
Matthias Nicolls Seer
f A
2/420 An Ord? for ye proper coning ye quantity
(NYSL> of meadow for Jn? Archer at Fordham.
Whereas Complaint is made unto me That John Archer doth lay clayme unto a greater proporcon of meadow ground at Spiting Devill then he made purchase of from Elias Doughty, I doe hereby order that he shall haue his full proportion of meadow layd out for him, lying nearest & most Conuenient for ye new Towne of ffbrdham but no more & that ye remainder do belong to Wittm Betts, & George Tippett according to their purchase reserving onely what hath beene layd out for ye fferry to ye wc.h they shall haue no furthr prtence. Giuen undr- my hand at ffort James in New Yorke this 8^ day of October 1669.
[Francis Lovelace.]
[m] Collateral and Illustrative Documents 215
An Ordr concerning y? meadowe in C. A. dispute betweene John Archer of (NYSL) ffordham & William Betts & Georg Tippett.
Whereas There hath beene a difference long since depend- 1670 ing betweene John Archer of ffordham & William Betts & J George Tippett of y? farmes neare adjoyning for & con- cerning ye Laying out of a certaine parcell of meadow ground sould unto them* by Elias Doughty, Upon Examina- tion into & due consideration had of ye prmisses, It is this day ordered, That John Archer shall haue Thirty Acres of meadow ground as his Complement of what hath beene sould unto him, ye wch shall be y? same meadowe formerly laid out for him by Jaques Cortileau y? Surveyor & since likewise Survey' d by Robert Ryder begining beyond y? Swamp & y* remaind? of y? meadowe wthin the purchase is to be & belong unto y? said Wiftm Betts George Tippett & Company according to y? Teno? of their bill of sale w1.*1 a reservation of ye Swamp or Marish ground not esteemed meadowe lyeing in y? bottom before y? Towne of ffordham wc.h for y? prsent shall belong to y? Inhabitants of y? said Towne Always provided, That neithr y? said Archer nor y? said Betts & Company or any of them by vertue of their bills of Sale or othr prtences doe lay clayme to y* meadowe ground laid out in Lotts & belonging to some of y® Inhabitants of y? Towne of Harlem whose Right to y? same is not any way hereby infringed Given undr my hand at ffort James in New Yorke this 7^ day of July 1670.
[Francis Lovelace.]
216 Province of New York [?i°i]
G- E- An Ordr directed to Cap1 Jaques Cortelijau
(RYSL) requireing him to lay out John Archers
Land at ffordham als Spiting-Devill.
^71 These are to require you that wth yo? first Convenience you repaire to ffordham neare Spiteing-Devill, & that accord- ing to yor best skill & Judgm* you lay out for & upon ye Acco* of John Archer of ye same Place ye Land wch hee possesses or hath purchased of Elyas Doughty, or of ye Indyans by my Approbacon; ffor yor better Directions wherein you are to view his Papers & Writeings, & withall to Advize wth such of ye Neighbourhood as you thinke can give you ye best Light & Assistance therein, That hee entrench not upon his Neighbours Right; of all which you are to render mee an Acco* And for soe doeing This shall be your Warrant. Given under my Hand at fforte James in New Yorke this i8th day of October 1671.
ffran: Louelace To Cap* Jaques Cortelijau Survey or Gen11.
Deeds [Report in relation to Survey of Archer's Land at Fordham.]
(Sec*. State)
New Yorke Recorded for John Archer.
Novem: gth 1671.
By Ord^ from ye Governor Lovelace, wee have Layd out John Archers utmost Lymitts of his Land at ffordham, begin- ning from ye High-Wood-Land that lyes right North-West over against the first Pointe of y? Maine-Land, North-East from Papiriniman, there where the Kill Maskota lyes, & soe goes alongst y6 said Kill; y6 said Land stretching from ye High-Wood-Land aforemen coned East South East, till you
[3i'] Collateral and Illustrative Documents 217
come to Bronckx his Kill, & soe Westward up alongst ye Deeds
Maine Land to y6 Place where Harlem Kill & Hudsons River (Sec. State)
meet together, & soe goes alongst y6 said Kill of Harlem, untill
you come to ye first ffountaine, lyeing to ye South of Crabbs Nov. 9
Island, & soe Eastward alongst Daniel Turneurs Land, ye
High Wood-Land, & ye Land belonging to Thomas Hunts,
& then to Broncks his Kill aforenamed; This was done wth
a Compass made for ye Climate of Europe.
Jaques Cortelijau — Surveyor Gen^11
Qudley Lovelace.
An Ordr to restrayne Betts & Tippett from <*• E. doeing Trespass upon ye Land belonging to (»YSL) John Archer of ffordham.
Whereas there is Comptt brought by Mr Jn? Archer, That l6726 notwithstanding the Orders made by ye Governor that the Swamp or Bagg of Meadow near ye Towne of ffordham should belong to the said Towne, & that a Division of the Meadow hath by his Hono^ been at severall times made by Surveyor8 appointed to doe the same, between y6 said Jn? Archers Land at ffordham, & yc ffarmes belonging to William Betts, & George Tippett, yett the said Betts & Tippett, or some from them or by their Order, have mowed upon the Meadow, adjudged to ye said John Archer, & laid out for the said Towne of ffordham; These are in his Ma*ies Name to require you to forewarne the said Betts & Tippett, or any employ'd by them, from trespassing upon any of the Meadowes aforemen coned, & that you bee aiding & assisting to the Inhabit?5 of ffordham in what concerns their Right to y6 said Meadows, of wch all Persons are to take notice, & give Observance hereunto, as they will answer their Trespass, & breach of ye Governor severall Ordr8 upon this Occasion
218 Province of New York
G- E- at their Perill. Given under my hand in New Yorke this
4" *9*
(NYSL) i6^h day of August 1672.
Matthias Nicolls
6 In ye Absence of ye Governo?
To y6 Constable of Fordham & Office there.
G. E. A Speciall Warr* for Hearing & Tryall at ye Gen?11
(NYSL) Cof* of Assizes, in a difference depending
between Jn° Archer, & Betts & Tippett.
1672 Whereas there have been severall Disputes & Contests Aug. 23 ...
between John Archer of ffordham nigh Spiting-Devill on
ye behalfe of himselfe & ye Inhabitants of the said Place, and William Betts, George Tippett, & ye Inhabitants at ye three ffarmes upon the land called Younckers Land, touching the Bounds & Lymitts between the Land of the said John Archer, & ye Inhabitants of the three ffarmes, & more particularly concerning their Meadowes, the wch was supposed long since to bee decided, wherein I had the trouble severall times to goe upon the Place in Person, & at others to send Com- missionf3 & Surveyor8 who having made their Reports, diverse Orders have proceeded thereupon from my selfe & Councell, for the determining of their Differences, & ascer- taining of the Bounds of their Lands & proportions of Meadow, Yet notwithstanding all Orders to the contrary, the said William Betts or his agents have lately prsumed to mow, & carry the Hay away from within the prcincts of the Meadow adjudged to belong to the said John Archer & Towne of ffordham; These are in his Ma*ies Name to require the said William Betts, and George Tippett, or whoever else of the 3 ffarmes aforemen coned are concerned in the Tres- pass or Clayme to ye Meadow aforesaid, That they make their Appearance at ye next Gen?11 Co* of Assizes to bee held
[m] Collateral and Illustrative Documents 219
in this City, beginning on ye first Wednesday in October next, <f. E. then & there to make Answer to ye Comp^ of John Archer in (NYSL) an Action of Trespass, & also for the breach of the severall Ordr8 made by mee and my Councell in this behalfe; Hereof Aug. 23 they are not to fayle as they will answer the contrary at their perills. Given under my Hand and Scale at fforte James in New Yorke this 23th day of August 1672.
[Francis Lovelace.]
To ye Constable of Fordham who is to
J ^ 9
see this Warrant putt in Execucon, & a returne thereof made at ye Co* of Assizes.
An Ordr about ye Mannoi" of ffordham, viz* G, E.
A. ' 2*7*
that a Co^ bee kept there quarterly, & that (NYSL Mr Jn? Rider bee Steward & Presid'
Whereas M? Jn° Archer having obteyned a Patent from 1673 mee for a certaine Parcell of Land upon ye Maine (of wch hee had made Purchase) lyeing & being over against this Island Manhatans, neare Spiting Devill, where a New Village is seated, & is called ffbrdham, unto ye wch I have thought fitt to Grant ye Priveledge of a Manno?, & the said Mf John Archer being the Principall Proprietor having requested of mee, That being ye Principall Pro- prieto? for ye Decision of Matters of Debt & Trespasse between him & his Tenants, or between one Tenant & another there may bee held a Court quarterly, or as often as there shall bee Occasion, of wch some Person as Steward of the Manno? shall bee Presid^, taking as his Assistants y6 Constable of ye Place, & one or two more of the discreetest of the Inhabitants; The holding of a Court there by ye Constable & Overseers being not practicable amongst
220 Province of New York [m]
G- E- them in their New Settlement, By these Presents I doe well 4: 277 (NYSL) approve of ye Proposall afore-mentioned, & doe Order That
there shall bee held for ye said Manno? of ffordham a Court Apr. 10 quarterly or oftner if Occasion shall bee the first Court to bee on ye 24*h day of this Instant Month where the Steward for the time shall bee Presid* & that hee take as his Assistants y6 Constable of ye Towne, & one or two more of the discreetest of ye Inhabitants as afores? or Neighbourhood, for the Decision of all Differences of Debt or Trespasse between the Landlord & Tenants, or one Tenant wth another, accord- ing to ye Direction in the Law & ye Priveledges in his Patent. And Mr John Rider being recommended by ye said M? Archer to bee Steward of the Court, I doe hereby Allow thereof the said Steward taking his Oath to doe Justice in ye said Employm* between Man & Man according to Law & good Conscience, & Regulating himselfe as a Steward of a Manno? ought to doe, for ye wch as Occasion requires hee shall have particular Directions from my selfe. Given under my hand at ffbrt James in N: Yorke this 10^ day of Aprill in ye 25?h yeare of his Ma^ies Reigne Annocp Domini 1673.
[Francis Lovelace.]
Eodem Die, viz? Apr: io^h 1673.
M? John Rider was sworne Steward of ye MannoT of fFordham, & duely to Administer Justice accord- ing to ye Trust reposed in him &c:
Dfeds [Deed from Archer to Matthias Nicolls.]
(Sec.' State)
To all to whom this prsent writeing Shall Come John Jan. i Archer of ffordam Sendeth greeting; Wh[e]reas the Said John Archer layes Claime to a Neck of land Hummock or Island Commonly Called Papiriman by vertue of his Pur-
[Si] Collateral and Illustrative Documents 221
chase & Pattent, whereupon it was the late Governed Cott Deeds ffrancis Lovelaces Pleasure to Settle Johannes Vervelen for (Sec. State) Some years to keep a fferry for the Convenience of Passen- ^ gers Betweene the Island Manhatans to ye Maine from and Jan. i to which it is the Only Road, Now know Yee that for & in Consideracon of a Certaine Sufne of Money in hand Paid or Secured to bee paid by Matthias Nicolls Secretary to this his Roy11 Highnesse, Gover[n]ment, Hee the sd John Archer hath for himselfe his heirs & Executof3 given granted, Bargained, Aliened, & 9 Sold & by these prsents doth give, grant, Bargaine, alien & Sell, unto the aforenamed, Matthias Nicolls his heirs and Assigns all his Right tittle and Interest, unto the sd Neck of land Hummock, or Island, & Premisses, together with the Appurtenances, within the Limmitts & bounds heretofore agreed upon to be held by the said Johannes Vervelen, without other Prejudice to the towne, Reserveing the Royalty of the Same, with the rest of the Manner, from the which it is nott to bee divided but on the Contrary as an acknowledgement the sd Matthias Nicolls, his heirs and Assignes, are to pay or Cause to bee paid, Every New Yeares day unto the sd John Archer, his heirs and assignes, a fatt Capon; To have and to hold the sd Neck of Land, Hummock Island Premises, withall the tittle right and Interest, which hee the sd John Archer hath or may have thereunto, unto the Said Matthias Nicolls his heirs and assignes, & unto his or their proper use and behoofe for Ever, In Wittnesse whereof he the Said John Archer, hath hereunto Sett his hand [and] Scale this first day of January in the 26th [sic] yeare of his MatiesReigne Annocp Domini. 1678.
John Archer Sealed Delivered In presence of
Peter Smith
Henry Newton
222 Province of New York [iv]
NO. IV. NEW FERRY AT SPUYTEN DUYVIL.
. W. L. An Ord? for ye MayoT & Aid"1;611 of N. Yorke
(NY3SL) to settle ye fferry at Harlem &c
Feb?27 Whereas Johannes Vervelen of New Harlem hath prferr'd a Peticon unto me In regard ye fferry of Harlem is to be Removed & that yepassage at Spiting Divell is to be fitted & kept for passengers going to & from this Island to ye Maine as also for a drift for Cattle & Horses that he may be admitted to keep ye said Passage The PetT alleadging that having a promise from ye late Governo? my Predecessor as also a Confirmacon from ye Mayo? & Aldermen of this Citty that he should injoy ye benefit! of ye fferry at Harlem for fiue yeares Conditionally that he should provide boates & other necessary accomodacon for strangers wc.h accordingly he hath perfourmed but there is not as yett aboue two yeares of ye tyme expired, I haue thought fitt to referr ye whole Case of ye Pet? to ye Mayor & Aldermen of this Citty who are to returne back to me their Judgm* & Resolution therein, Whereupon I shall giue Ord? for ye laying out of a peice of land neare Spiting Divell fitt for ye accomodation of the person that shall be appointed to keep ye fferry & Passage there, as also for ye Releife of passengers & strangers Given und? my hand at ffort James in New York the 27^ day of February 1668.
[Francis Lovelace.] To ye MayoT & Aldermen of ye Citty of New Yorke.
$'] Collateral and Illustrative Documents 223
An order about the Ferry to bee removed °- w- L-
. 2* 424
from Harlem to Spiting Devill. (NYSL)
Whereas it hath beene resolued and concluded upon that 1669 the Ferry at New Haerlem shall bee removed to a nearer and more convenient passage to and from this Island and the maine, which is found to bee at a Place called Spitting duyvell And Johannes Verveelen who hetherto hath kept the Ferry at New Haerlem aforesaid being found the fittest person to bee employed therein, that will undertake it both in regard of the Charge hee hath beene allready it * and his Experience that way. These are to authorize and Em- power him the said Johannes Verveelen to repaire to the said place at Spitting duyvell and to cause a fence to bee made for keeping all manner of Catties from goeing or Coming to or fro the said passage without leave or paying therefore and at his best conveniency to lay out a place upon that peece of Land called Papiriniman on the meane Side neare unto the said passadge for his habitacon and accomodacons of Travallers for the which hee shall haue a patent and Articles of Confirmacon And for so doeing this shall bee his warrant. Given under my hand at Fort James in New Yorke this 2d day of June 1669 p T
To all officers or other persons whome this may concerne.
[Articles of Agreement for the Conduct of the Ferry.] o. w. L.
2:538
July y IS* 1669. Before y Governor
About ye Ferry to be remoued from Harlem to Spiting Devill Johannes Vervelen to be fferryman Jidy 15
' Should be " at."
224 Province of New York [iv]
°2^s's" First That he prouide a sufficient dwelling house w^ three (NYSL) or foure beds for ye Entertainm* of Travelers, & that he plete copy be furnish't alwayes w^ prouisions for them their horse & ^2:507 ' Cattle & stabling & stalls accordingly.
That he haue a sufficient boate for transportation of pas- July % sengr? horses & Cattle.
That he cause ye Passe upon this Island neare Spiting Devill to be sufficiently fenced in w^ a gate to be kept lockt, that none may passe in or Out wthout his pmission.
That he giue his due Attendance at ye said Ferrye eith? in person or one sufficiently deputed by him so that no body be interrupted in their passage to & fro about their occasions, at seasonable houres, Except in Case of Emergency where ye publique affaires are Concerned when he is to be ready at all seasons that he shall be called upon.
And in Case of neglect upon ye Complaint of ye ptye to ye Court of Mayo? & Aldermen of this Citty he shall Incurrt such fyne or penaltye as ye Court shall adjudge according to ye meritt of ye Cause.
That ye fferryman belonging to ye New Towne of ffordham be Constable for ye first yeare, & yt ye said Towne haue dependance upon ye Mayo1"? Court of this Citty as Harlem hath untill further Order.
The Ferryman is to haue for ye Execution of his Office as followeth.
That ye whole Island of Papiriniman be alotted him toward y6 Accomodation of Strangers & ye defraying of his Charges.
That he haue a proportion of meadow adjacent to it for ye further Accomodation of [blank] Acres.
That y6 said Island together w*h y6 house & other buildings he shall Erect upon ye prmisses be Esteemed & taken as his for ye space of [blank] yeares or for & duering his naturall life.
[??•] Collateral and Illustrative Documents 225
That aftT y6 Expiration of y* said tyme if it shall be thought °; %w- £•
fitt to invest anothr ye person so invested shall giue unto him (NYSL)
.... i • r • r i_* L -U* i_ Alsoincom-
or his Assignes such satisfaction tor his buildings thereupon piete copy
as shall be adjudged by two indifferent psons chosen be- m ^: ^ L' tweene both.
That in Case he lodges any pson one night he is to haue 6. pence p night in Case they haue a bed wt!? sheets & wthout sheets two pence in Silver.
For Transportation of any person Except he be imployed by warrant by y6 Gouei^io? or any magistrate upon ye pub- lique affaires for wc.h he is to haue no pay one penny sylver, Likewise that he is to take nothing for any pson or psons sumoned to appeare in Armes upon any Emergent occasion.
For Transportation of a man & horse 7? in Silver.
For a Single horse. 6<?
For a Turne w*.h his boate where there is 2 horses lo*? & for any more quantity 4? p peice & if they be driuen ouer halfe as much.
For Single Cattle as much as a horse.
For a Boate loading of Cattle as he hath for horses.
For Droves of Cattle to be driuen ouer & opening ye Gates 2? p peice.
For feeding a horse one day or night w*.h hay or grasse six pence.
For feeding of Cattle 3* in Silver.
That he pay as a quitt rent yearly 10 shill:
That ye fferryman beare one third part of ye Charge of making y6 bridge over ye meadow w*.h those of fFordham who are to pay y6 rest.
That if it shall be thought Convenient that the privi- ledge of keeping a ffayre be graunted to this Citty or any othr parte of this Island all Droves of Cattle passing over y6 fferry are to goe free & so to be in retorning a day before
226 Province of New York
O. W. L. & a day after it's Expiracon before wc.h & after they are to 2 : 538 J J
(WYSL) pay ye usuall Rate.
pleteTcopy" To leaue ye building & fence in good repaire. ** 2- 507 L ^n Testimony hereof ye Partyes to theise prsents Articles Indented haue Interchangably putt to their hande & Scales 1669 ye j)ay &- yeare first aboue wrytten.
Sealed & Delivered in ye presence of.
This is ye End of y6 Articles betweene ye Governour & Vervelin the Ferryman.
[The Articles of Agreement.]
Articles of Agreem* Indented, consented unto & Con- [Sept.] eluded upon ye [blank] day of [blank] in ye 21^ yeare of his Maties Raigne Annoq) Domini 1669. Betweene ye Rfc Honb.le Francis Louelace Esqr Gouerno? Genr" undT his Royall Highness James Duke of Yorke & Albany &c of all his Territoryes in America on ye one parte & Johannes Ver- velen of New Harlem on ye Island Manhatans Ferryman on ye oth? pte for & Concerning ye settling of a Ferry at y6 place Comonly called Spiting Devill betweene this Island Manhatans & ye New village called Fordham as followeth (viz*) that is to say.
Inprimis, It is agreed Concluded upon & mutually con- sented unto by & betweene ye ptyes to theise prsents, That ye said Johannes Vervelen as Ferryman shall Erect & prouide a good & sufficient Dwelling house, upon ye Island or Neck of Land knowne by ye name of Papiriniman, where he shall be furnish't w*.h three or fower good Bedds, for ye Enter- tainment of Strangers, as also w11? Provisions at all Seasons, for them their horses & Cattle togethr w*.11 stabling & stalling.
That ye Ferryman haue a sufficient & Able boat for ye Trans- portation of Passengers Horses & Cattle upon all Occasions.
Rv] Collateral and Illustrative Documents 227
That y6 said Ferryman cause ye Passe upon ye said Island °» w« L. neare unto Spiting Devill to be sufficiently fenced in w^ a (NYSL) Gate to be kept Lockt that noe person may passe in or out
+v>* i • • • IOOQ
wthm his pmission. [Sept.]
That ye Ferryman doe beare one third parte of ye Charge of making ye bridge ouer y6 meadow ground to y6 Towne of Fordham who are to be at y6 remaindF of y6 Charge themselues.
That ye said Ferryman doe giue his due Attendance at y6 said Ferry either himselfe in person or by one sufficiently deputed by him, so that no body be interupted in their passage to & fro about their Occasion at seasonable houres, Except in case of Emergency where ye Publique affaires are concerned, where ye said Ferryman is to be ready at all seasons that he shall be called upon.
And in Case of neglect of ye Ferrymans Duty upon Com- plaint of ye pty wronged to ye Co* of Mayo' & Aldermen of this Citty, The said Ferryman shall Incurr such a Penalty as ye Co" shall adiudge according to ye meritt of ye Cause.
In consideration of what is herein required to be done & pfourmed by ye said Johannes Vervelen as fferyman, he ye said Johannes Vervelen shall for ye well Execution of his Office haue & receiue as followeth (vizt).
That ye whole Island or Neck of Land called Papiriniman whethF incompassed w1.11 water or meadow Ground, shall be alotted to ye said Ferryman togethr w^ ye peice of meadow Ground adjoyning to it lately layd out by Jaques Corteliju [sic] Surveyor towards the Accomodation of Strangers & ye defraying of his Charges.
That ye said Island or Neck of Land & meadowe Ground togethf wl.h ye housing or whatever else he shall Erect or
228 Province of New York
O; W. L. build thereupon, togeth? w*11 ye Ferry & ye benefitt priuiledges
(NYSL) & profitts thereunto belonging shall be & remaine to y*
proper use & behoofe of y6 said Johannes Vervelen & his
[Sept.] Assignes for & duering y6 Terme & space of Eleauen yeares
to Comence from & aft? ye ls.fc day of [blank] 1669.
That for ye First yeare he ye said Johannes Vervelen be Constable of ye New Towne of Fordham wc.h said Towne or village is to haue it's dependance upon ye Mayors Co?* of this Citty in like manner as ye Towne of New Harlem hath, They hauing liberty to Trye all small Causes und? 5tt amongst themselues as is allowed in othF Towne Courts.
That afVye Expiration of ye said Terme & tyme of Eleaven yeares, He ye said Johannes Vervelen if he so longe shall Hue & desire ye same shall haue ye First proffer to Continue Ferryman or in Case of his decease his nearest relation or Assigne shall haue preference before another in being admitted to take yf said Ferry to ffarme But if it shall happen that another pson shall be invested in ye Imploym* The pson so invested shall pay unto him ye said Johannes Ver- velen or his Assignes & make such satisfaction for his build- ings boats & othr Accomodacons remaining thereupon as shall be adjudged by Two indifferent psons to be chosen betweene both ptyes.
That at ye Expiration of ye Terme of Eleaven yeares y6 said Johannes Vervelen or his Assignes who shall Exercise ye Imploym? of Ferryman shall be obliedged to haue ye house Tenantable w^ a sufficient boate & ye ffences & Gates kept in repaire as they ought to be Continued all ye tyme so that no discourager^ be Giuen to passengers nor ye Ferry through any neglect be discontinued.
That y6 fferryman shall take & receiue of all Passengers wheth? alone or w*h or on horsback drifts of Horses or Cattle, for lodging Dyett feeding passage or ferrying according to 6 Rates in a Table to That End directed & sett forth.
[iv] Collateral and Illustrative Documents 229
Provided alwayes that all psons Employed by speciall °- w- L« warrant from ye Governor or any Magistrate upon ye Pub- (NYSL) lique Account shall be Exempted from paying eitfr fferryage or passage for themselues or Horses as also such pson or [Sept.] psons as shall at any tyme be sumoned to appeare in Armes upon any Emergent or Extraordinary Occasion who are likewise to be free.
Moreover if ye Governor shall at any time wthin ye Terme aforesaid thinke it Conuenient that a Fayre shall be kept eith^in this Citty or any oth? pteof ye Island, It is also agreed upon that all Droves of Cattle & Horses passing over ye said fferry shall be free from payment, either in goeing thith' or retorning back, wc.h priuiledge shall continue duering ye tyme of keeping ye ffayre as also a day before & a day aft' it's Expiration.
And Lastly ye said Johannes Vervelen or whosoeuer on his behaife shall keep ye fferry aforesaid shall pay yearely & euery yeare as a Quitt Rent to his Royall Highnesse ye Suine of [blank]
An Ord? excusing William Betts & oth1"8 from £• ^ making a bridg ouer ye Marsh betweene (NYSL) Papirinimon & ffordham.
Whereas it was proposed unto me by William Betts George Tippett & John Heddyer1 that living at some distance from y* Towne of Fordham where a Cawsey is to be made ouer ye Marshy ground betweene Papiriniman & ye Towne of ffordham if they may be Excused from their Proportion of worke in making up that Cawsey they will be obliedged to make a bridg at their owne charge over Bronckx Ryver in y6 way to Eastchestf w?h is also a thing very requisite & cqmodious, Upon debate of y6 said Proposicon in y6 prsence
1 John Heddy or Hedden.
230 Province of New York [Nv']
2' *66 °^ ^ sa^ Three persons & also of diuers of ye Inhabitants (NYSL) of Fordham those of ye Towne offering to giue their assist- 6 , ance in making of ye said bridg aftf ye Cawsey shall first be Feb. 10 finisht for ye w?h all their Assistance will be little Enough, & finding that what is proposed by ye Towne tends to ye greater Expedition of both workes It is ordered that ye 3 psons aforenamed do first joyne w*h ye rest of ye Towne of ffbrdham in making up ye Cawsey agreed upon as aforesaid & that afterwards they do all Jointly giue their best help & assistance in making a Convenient bridg ouer Bronckx Ryver, w*h a Gate on EastchestT syde to hind? their Hoggs from comeing over In consideration whereof & for their Incour- agem* it being a new Plantation they shall haue ye liberty & priviledg of having ye Passage of ye Ferry free to & fro for themselues Horses Hoggs & Cattle for & duering ye space of tyme Johannes Vervelen ye prsent Constable or his Assignes shall injoy ye Ferry, as by agreem* betweene us is sett downe, Given und? my hand at Fort James in New Yorke this io*h day of February 1669.
[Francis Lovelace.]
No. V. NEW ROAD BETWEEN NEW YORK AND HARLEM.
°- w- J« An Order for a Cart way to be cleared
2 : 336 J
(NYSL) betweene this Towne & Harlem.
Feb. 24 Francis Louelace Esqr &c Whereas It is found Convenient & very necessary for mutuall Comerce w*.h one another that a waggon or Cart way should be laid out & cleared betweene
Collateral and Illustrative Documents 231
this Citty & y6 Towne of Harlem wcl? hath heretofore beene °- w- J"
. 2 : 336
Ordered & appointed but never as yett was prosecuted to (NYSL)
effect These are to authorise & Empower yo1? as Comissionr?
to see ye same put in Execucon That is to say after hauing Feb. 24
agreed upon a tyme of meeting to view & lay out ye ground
that yo" appoint ye Boores of ye Bowery neare this Citty &
ye parts adiacent to cleare ye way from this Citty to ye Saw
Kill, & y6 Inhabitants of ye Towne of New Harlem to do ye
like from thence to their Towne, & that it be cleared & made
fitt for a passage for waggons & Carts as well as Horses from
one place to anoth? by ye first day of May next according to
this my OrdT I do expect an exact perfourmance of what is
Comitted to yo^ charge & for so doing this shall be to yo" &
every of yo" a sufficient warrant Given undr. my hand & seale
at flFort James in New York this 24^ day of ffebruary 1668.
[Francis Lovelace.] To Thomas Hall & Gerritt Hendricks
&
To Daniel Turner & ) c XT TT ,
j- for New Harlem.
} for New York.
Resolued Waldron
No. VI.
TOWN OF WESTCHESTER, WILLIAM WILLETT AND THOMAS HUNT, SR.
To the Constable & Overseers of O. W. L. Westchester. (NYSL)
Whereas Thomas Hunt of yo? Towne hath made Com- plaint unto me That yo? Infiitants haue staked out a way
232 Province of New York
O. W. L. ypon Throgmortons Neck, & that they are about to run (NYSL) their fence up which if done will proue very priudiciall unto him In regard it will debarre him from a watering place for Mar. 21 his Cattle in the Surner tyme wc.h he hath made use of for the space of six yeares past & upwards, & the said Thomas Hunt hauing made a very reasonable proposall, that if yo" will run yo? fence anoth? way where it may not be lesse for yor Conueniency he shall for his proporcon be ready to make up 40 or 50 Poll of Fence or so much as it shall happen to take more then that yo"- haue already laid out These are therefore to require yo1? to appoint two or more indifferent men to view the place by him the said Thorn : Hunt proposed And if it shall be found as he alleadges That then yo" comply w*h him according as is desired To the end there may be no furth? Comp^ or Contest vpon this occasion Giuen und^ my hand this 2i*h day of March 1667 at Fort James in New Yorke.
R. Nicolls
O. W. L. An Order for Wm Willett to carry away Hay
(NYSL) at Cornells Neck.
Whereas Wm Willett hauing a Pattent from the late Governor Co? Richard Nicolls for a Confirmation of a cer- taine peice of land wthin the lymitts of yor. Towne comonly called Cornells neck whereon as I am informed the said W™ Willett hauing caused some grasse to be mowed for his winter provision of Hay wthout any interupcon some persons of yo? Towne haue since molested them & forbid them to make it up or carry it away These are to require yoV upon sight hereof to suffer the persons imployed by the said Wittm Willett to mowe make up & carry away so much Hay as he shall haue occasion of wthin the bounds of his
[vi] Collateral and Illustrative Documents 233
Pattent for his owne provision For the wc.h if it shall appeare °- w- L. that the said meadowe ground where he causeth his Hay to (NYSL) be mowed doth belong unto yor. Towne Then he shall be oblieged to giue yo? satisfaccon for the same according as Sept. 8 shall be adiudged reasonable by Two indifferent men to be chosen betweene yo" Giuen undV my hand at Fort James in New Yorke the W of SeptembT 1668.
[Francis Lovelace.]
Ct "Wf L!
A Confirmation of y6 Com1? Report concerning Tho: Hunt. 2:469*
(NYSL)
Whereas there was a Comission issued forth into \sic] Mr T
July i John Richebell, Mr William Laurence, Mr Thomas Wandall
and Mr Jacques Coustilleau and Mr Resolveert Waldron to view the Lands and Meadowes in dispute as to Examine into and heare the matters in difference (and make a finall determi- nacon thereupon with reservation of Appeall) betweene the Inhabitants of West-Chester and other persons concerned amongst the which Thomas Hunt Senior of the place afore- said was one of y6 Commission*5 bearing date the 28th day of february last And the Commission1"3 having in pursuance of their Said Commission beene upon the place and heard what Could bee alleadged on either part and also given unto mee a report of what they haue done and determined in ye Premises the which is attested under all their hands as their Joint act wherein amongst other matters, In y6 Case of Thomas Hunt its Said as followeth Viz? That Thomas Hunt Senior according to y[e] Tenor of his Patent Should not bee hindred of Pasture or Runes for his Cattle on Throck- mortons Neck neither of Sufficient water for ye Same But in case West Chester will fence in yte] Said neck that then they shall Leave or |t] Sufficient pasture and a watring place as ye aforesaid Hunt shall haue occasion for his Cattle.
234 Province of New York [vn]
O. W. L. These prests doe therefore Certifye and declare that I 2 : 469 J
(NYSL) approue of and Confirme what ye Said Commission1"8 haue
done in ye Cause of Thomas Hunt who is to haue and Enjoy July i whatsoever in their Report is Sett forth without any manner of Lett, hindrance or molestacon whatsoever. Given under my hand and Scale at Fort James in New Yorke this Ist day of July in ye 21th yeare of his Majties Raigne Annocp domini 1669.
[Francis Lovelace.]
No. VII. YONKERS — VAN DER DONCK'S PURCHASE.
SeptembT 21^ 1666.
The Indians Acknowledgment to haue receiued (Sec. state) satisfaction for ye Younckers Land.
1666 This day came Hugh Oneale & Mary his wife (who in right of her former husband laid clayme to a certaine parcell of Land upon the maine not farre from Westchester Comonly called ye Younckers Land) who brought seuerall Indians before y? Governor to acknowledg the purchase of ye said Lands by Vander Dunck comonly called ye Younker
The said Indians declared ye Bounds of y? said Land to be from a place called by them Macackesin at ye North, so to run to Neperan, & to ye Kill Soroquapp then to Muskota, & Pappereneman to y? South & Crosse ye Countrey to y? Eastward by Bronckx his Ryver & Land.
The Indian Proprietor name who was cheife of them is Tackareek living at ye Nevisans who acknowledged y? pur-
[vni] Collateral and Illustrative Documents 235
chase as before described, & that he had receiued satisfac- Deeds
r . 3M2
tion for it. (Sec. State)
Claes ye Indian hauing interest in a part Acknowledged to
haue sould it & receiued satisfaction of Van der Dunck Sept. 21 All ye rest of ye Indians prsent being .7. or 8. acknowledg
to haue receiued full satisfaction.
No. VIII.
•
BUSHWICK vs NEWTOWN— BOUNDARY DISPUTE.
An Indyan Purchase, Entred for the Inhab- Deeds
2*1 3*>
itants of New Towne, the 13^ day of July (Sec. State) 1666. Acknowledgd before the Governor the 9th of July 1666.
Aprill the 12th, 1656.
Know all men by these pnts, That wee Rowero westco, and Pomwaukon, do acknowledge and Confesse; That wee h?.ve firmly and joyntly, Sold, Alienated & made over, all Recorded Our Lands from us, Our heires, Execute", Administrators or Assignes, to the Inhabitants of New Towne, alias Middle- borrow, to them and their Heires for ever, as their owne and free proper Land or Lands, Immunityes, appurtenances, priviledges, and all whatsoever did unto the aforesaid Sachems, or Indyans belong, from a small Creeke called by the Indyans Canapaukah, where Burgors Mill Stands, from thence going upon a Straight Line North East ward, to a certaine Creeke called Sackhickneyah, where Wessells Mill Stood, so Bounded by the Bay side, whilst it comes to the
236 Province of New York
Deeds Mouth of fflushing Creeke, so commonly call'd, so coming
(Sec. State) toward the South East, Bounded by the Creeke side till it
1656 extends it selfe to the South side of the Hills upon the Line
Apr. 12 from thence rufiing upon the Line westward by the South
- '— side of the Hills, till it meet with the South Line, wch is
* extended from the west Branch of Marshpath kills, called
July i3 quandus quaricus, by a Dutchmans Land, called Hance the Boore, from thence to the Mouth of Marshpath kills, by the Indyans so Called; These aforesaid Bounds or Tract of Land, wth all the appurtences there unto belonging, which the aforesd Indyans have sold in the yeare 1656, unto the afore- said Inhabitants, onely wee reserved the Priviledge of a certaine part of upland lying on the Southside of the afore- said New Towne, for our use for Hunting, and sold them onely the Grasse for mowing, feeding and Timber, and had really and fully sold them and theirs for ever, the feeding, mowing and Timber of the aforesaid Land, and were firmly bound and Engaged, in our Bill of Sale, never to Sell or dispose of the said Priviledges which wee had then reserved, to any other but to the Inhabitants of New Towne, There- fore wee the said Indyans, according to our word and obligacon, do hereby these prsents manifest our selves to have reed full Satisfaccon of the aforesaid Inhabit*8 for the Priviledges wee then reserved, in ye aforesaid Tract of Land, and do really & absolutely, give them and their Heires for ever, as full Right and Title to all the Priviledges of the said Tract of Land, as wee can or may for any of Our Lands, that wee have, or shall Sell, denying ourselves of any Interest therein, or any Claimes of any other whatsoever, of all ye Lands, appurtenances or Priviledges, within the said Bounds, wee say wee have really sold as aforesaid, unto the Inhabitants of New Towne, as their owne proper free Land, wee say, from us, our heires, to them and their heires for ever, where
Opposite p. 237.
,
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I
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Collateral and Illustrative Documents 237
unto wee have sett our hands, this 9th day of July 1666.
and in the i8th yeare of his Ma*es Raigne (Sec*. State)
Pumwakons X Marke.
1656
Signed & Sealed in ye pnts of us. Apr. 12
John Pounds X Marke. e °
Armorcharne X his Marke. Chawescome X his Marke. John Napper X his Marke
Rec? of ye Inhabitants of New Towne, full Satisfaction for all the aforesaid Land wch herein is specified, wee say received by us the Qth of July 1666. the Sume of ffifty five pounds, for y6 first Payment, the 2d & last paym* now paid,
21? 09? oo?
Pumwakon X his Marke
At the Generall Meeting of the Deputyes of
Long Island held before the Governor at (Sec. State) Hempsteed March 4^h 1664.
Bushwick
New Towne als
Middleborrough
It is this day Ordered, That the Meadow Ground in Question between Bushwick and New Towne, shall remaine to the Inhabitants of the Towne of Bushwick, as properly, and of right belonging to them, (That is to say) the Meadow lying on the west side, of the most auncient Dutch House, Scituate on the East side of the head of Mashpeake-kills, and the Inhabitants of New Towne, are no way to molest the said Towne of Bushwick in their peaceable Enjoyment thereof, Touching the Up Lands, the Bounds specified in Middleborrough Deed, will sufficiently regulate the same.
Richd Nicolls.
Province of New York [vm]
°- W. L. A Lre to ye Constable & Overseers
2:377
(NYSL) of New Towne.
1669 There being a difference depending betweene yo? Towne & yo? neighbours of Boswijck about ye bounds & lymitts of yor Land ye wc.h was by y6 late Court of Sessions at Grauesend recomended to yo" to agree amongst yo^selues otherwise ye Governor was desired to appoint some fitt persons to view ye Land & give their Judgm* therein unto him I am Ordered to put yo" in mynde of that OrdT. of ye Court. Yo" are therefore to rendr an Account wheth? yo" are like to Agree or no that in case yo" do not ye Governor may appoint some persons to view y6 Land & determyn ye matter in difference betweene yo" I am
YoT very Loving freind
Apr 9t.h 1669. M Nicolls.
The like was sent in Dutch to Boswijck.
O. W. L. A warr* to the Constable &
(NYSL) Overseers of New Towne.
1669 Whereas there hath beene a difference depending betweene the Inhabitants of the Townes of New Towne and Boswyck about the Limitts of their Lands and the meadow or valley belonging to them which was recomended both by my order and the Court of Sessions held in March last, to bee in a freindly manner issued amongst them selues but nothing hath beene done therein. These are to require you to appoynt two persons from yor Towne to appeare before mee and to bring wth them, what writtings proofes and Euidences you haue for yor Claime and pretences that there may at length an End [be] put to the said difference according to Law and
[viu] Collateral and Illustrative Documents 239
good Conscience. Given under my hand at Fort James in °- W. L. New Yorke this 2 Ith day of June 1669. (NYSL)
[Francis Lovelace.] To the Constable and
Overseers of New
Towne.
The like order was sent to the Constable and Overseers of Boshwyck.
8
[Memorandum] c; A*
(NYSL) The Inhabitants of ye Towne of Buswick p!t.s l659
The Inhitants of Middleborough als New Towne Defts. Oct- 22 A soeciall warrant. October 22^ 1669.
An Ord^ for Decision of ye Difference about
the Bounds of Newtowne & Boswijck. (NYSL)
Whereas severall Applications have been made unto mee
Tune 20
both by ye Inhabitants of ye Towne of Newtowne & Bos- wijck, that ye Lymitts & Bounds in Difference between them might bee ascertayned, The which was recommended to ye Court of Sessions at Gravesend to appoint some in- different Persons to view the same and endeavour a Com- posure; There haveing been likewise some Orders of Coun- cell upon ye same Acco*, but as yett nothing hath hitherto been done therein; To y* end an Issue may bee had of this Controversy, The Persons whose Names are hereunder written being ye same who were nominated by ye Court of Sessions are to meet upon ye Place ye 27th or 28th day of this instant Month to view ye Bounds, & endeavour a Com- posure between ye two Townes aforesaid, for ye furtherance whereof, Thomas Delavall EsqT & Mr Matthias Nicolls two of ye Councell are likewise desired to bee prsent to give their
240 Province of New York [?£]
G- E. best Advice to ye putting of a Period to this Controversy; &
(NYSL) if either of ye foure Persons nominated as aforesaid shall bee
absent at this time appointed, ye said Thomas Delavall, &
June 26 Matthias Nicolls may if they see Cause putt some other
Person to Act in his or their Places, of all which they are to
render mee an Acco* at their Returne. Given under my
Hand at Forte James in N: Yorke this 26th day of June 1672.
[Francis Lovelace.]
No. IX.
NANGENUTCH alias WILL, AN INDIAN, FOR RAPE AT EAST HAMPTON, L. I.
O. W. L. [Order prohibiting Will the Indian from coming
(NYSL) into or near the Town of East Hampton.]
Whereas Will: the Indyan was accused and convicted of a Rape coinitted upon ye Body of an English woman for w°h hee in part reed Punishmfent] and these 1 woman abused by him being married wife and living in ye Towne of East Hampton into ye wch Towne if ye said Indyan should bee permitted to come it may breed ill bloud and cause some disturbance these are therefore to require and cofriand that ye said Will: ye Indyan doe not presume to come into or very neare the said Towne of East Hampton for ye reasons aforesaid upon any pretence whatsoever as hee will answer his contempt in doeing of y6 Contrary. Given under my hand at Fort James in New Yorke this ;th day of July 1669.
[Francis Lovelace.]
> An error for " the."
Collateral and Illustrative Documents 241
No. X.
ESOPUS PAPERS — KINGSTON, HURLEY AND MARBLETOWN.
[Memorandum about Land Grants to Soldiers.] f?-^
(HYSL) Aprill y? 6^ 1667 [sic for 1668].
Edward Whittaker prferred a Petition to y* Governo? on y? behalfe of y? rest of y? Souldiers at y! Sopez, whereupon it was promised them by y6 Governor That y? first great peice of Land & y* Second adjoyning to it lyeing to y? west & beyond y? wash makers Land hauing a Ryver or Creek bounding it to y6 South should be giuen to them : There are to be 30. Lotts upon it, each Lott to haue 30 Acres of y? Low Land, & Two Acres & a halfe of y? upland for their home lotts y? wood land to be in Comon.
A Grant to the Souldiers o'^^ at Esopus. (NYSL)
Aprill: the 6*.h 1668.
The Governor hath this day beene pleased to make a Graunt vnto the Souldiers now being at the Sopez & to such oth? as shall be allowed to settle there That they shall haue the First Great peice of land & alsoe the Second peice w*.11 adioynes unto it They both lying & being westward beyond the Washmakers land being bounded on the South by a certaine Ryver or Creeke The number of Lotts that are to be laid out there shall be Thirty & each lott shall haue Thirty Acres of the Lowe land & Two Acres & a halfe of [16]
242
Province of New York
O. W. L. the Vpland to belong to their Home Lotts for planting land
(NYSL)
1668 April 6
The rest of the Wood land is to lye in Coinon.
By Order of ye Governor
M. Nicolls Secretary
(NYSL)
1668
^n or(^ ab°ut paym* for the House rent where the Cheife military officer at Esopus Quarters.
Whereas The Cheife Military Officer at ye Sopez Hath euer since the Moneth of Novemb? 1665 had his Quarters in a house for wc.h no rent hath hitherto beene paid nor any agreemt made w^ the owner for the same. And whereas the maintaining & continuance of Souldiers there tends to the Safeguard & proteccon of the place I doe therefore hereby ord? That the prsent Scout & Comissaryes doe forth w*.h take it into their Considracons & adiudg what rent is fitt to be paid for the tyme past, wc.h is to be levyed vpon the Towne & paym* made thereof to whome its due And for the future the Scout & Comissaryes for the tyme being are to take Care that a Conuenient Quart? be provided for the said officer at the Townes Charge or cause satisfaccon to be giuen from tyme to tyme for the same where he shall otherwise provide for himselfe Given und? my hand at Fort James in New Yorke This Seauenth of August 1668.
R. Nicolls. To the Schout & Comissarys
at Esopus.
An Order for the bringing in of the Claymes to the land at Esopus.
1668 All mann? of persons who haue any Clayme or prtence to any lotts or lands at the New Durpe at Esopus or to any
°- W. L.
(NYSL)
[Nx ] Collateral and Illustrative Documents 243
othr land there adiacent And all oth? persons who came ouer °- w- L-
2 : 241
into these partes wth the late Governor Coll Richard Nicolls (NYSL)
or to whome he hath promised land and haue now a mynde
to settle themselues the first are to bring in their Claimes or Sept. 5
prtences & the lattf their names to the Secretaryes office in
the Forte by the Tenth day of this instant Month The
Gouernor intending to goe vp to Esopus the lattf end of the
next weeke to settle mattr.s concerning the said new Durpe
& partes adiacent aforesaid & to cause lands to be laid out
thereby to such oth1? as Jiaue had promisses for the same &
resolue to Hue & settle thereupon Dated at New Yorke
the 5* day of Septemb.r 1668.
By ordr of the Governor Math: Nicolls.
[Matthias Nicolls to Philip Pietersen Schuyler.] O. W. L.
(NYSL)
A Lre To Mr Phillip Pieters MT. Phillip Pieters.
I am Comaunded by the Governor to acquaint yo" That he intends (God willing) to be at Esopus vpon Wednesday next come Senight wc.h will be the Three & Twentith day of this Month where he expects yo" should meet him & bring w1.11 yo" the Clayme or pretence of Goosen Gerritts Volchert Jans or any othT of Albany to the lands in the New Durpe at Esopus He intends then to issue all differences & Contests about those lands & to lay out anoth? Towne To w°.h end he will take [blank] as surueyoV wth him I shall waite upon the Governor thithr I will bring w^ me yor. Lres of Denizacon yoV Spoke to me for. This is all at prsent from
Sr
YoT humble servant [New York, Sept., 1668.] Math: Nicolls.
244 Province of New York
o. W. L. [Memorandum about Sale of Land by Indians.]
(NYSL)
Septembf 23? 1668. At Esopus.
Sept?23 Memorandu That this day three of the Esopus Sachems who had sould the great Tract of land there to Gov"?0? Nicolls accompanyed w*.h diuers oth? Indians came to the Governor & brought the Counterparte of the deed of Purchase desiring to Continue Freindship wc.h was then Ratifyed.
°- w- L* A Lycence Graunted to Matthew Blanchan
2 t 249 J
(NYSL) for 12 month to sell Liquors &c.
1668 Whereas It is Thought conuenient that some pson in this Towne should haue liberty to sell Beere by retayle to supply such of the Inhitants as may want small quantityes vpon occasion as also for refreshment & accomodacon of Strangers, & there being at prsent no one who doth undertake the same These prsents certify that I haue giuen liberty & lycence to Matthew Blanchan to sell any sorte of Beere by Retayle in this Towne for the space of Twelue moneths aftf the date hereof prouiding at least one sufficient lodging for strangers & keeping good ord1? in his house as by the lawes is required Giuen und? my hand at Esopus this 24*!* day of Septemb? 1668.
[Francis Lovelace.]
°- w- L« Order for keeping; ye Watch at ye Guard at
2:250 &/ *
(NYSL) Esopus.
To Mr Berisford Comand? of the Souldiers at Esopus.
^OF *c **urtkT Incouragem* of y6 setling the furthest plantacon w611 is to consist of most Souldiers I doe ordr that the Military Guard hitherto maintained by the Souldiers be discharged of that duty & that the Townesmen of the Sopes
Collateral and Illustrative Documents
245
are to keep their watch wch formerly was maintained by °- W. L. them onely y6 Redoubt is to be maintained & kept by the (NYSL)
Souldiers und* M? Berisfords Comand who is required to see
,. P . . 1668
it executed according to the true meaning of this my ord? Sept. 25
Fran: Louelace Esoous 25l.h Sept? 1668.
The names of those that Co1? Nicolls pmised lands to at Esopus being now there.
Christofer Berisford Thomas Quennill Rich: Cage Geo: Hall Rofct Peacock Frederick Hussey Henry Paulyn1 Edward Whittaker Thomas Mathews Anthony Cooke Samuell Oliver Georg Porter Edward Price2 W^ Houghton Thomas Elger
Serg* ^
John Biggs Robert Bickerstaff W^ Fisher John Henry8 John Pounds Antho: Addison Thomas Skillman ^Edw: French.
Those that are Crost finde themselues prouisions.4
2:250
(NYSL)
Ti668 1 [Sept.]
Coppy of the Oath to be taken by the °- W. L. Surveyor (NYSL)
doe sweare by the Ever living God That wthout feare |~ 1668 ~] fauo? or any othT Sinistf respect whatsoeuer yo? shall to the
1 Henry Pawling.
* Also called Avert and Evert Price in other lists. 1 The same as John Hendrick in other lists.
4 They are not indicated by a cross in the record copy from which the above transcript is made.
246 Province of New York
O. W. L. best Of y0r Skin & knowledg well & truely measure & lay (NYSL) out such lands at or neare the Esopus as shall be appointed yo? by the Governor & giue an exact account unto him of [.Sept. J the Superficiall Contents thereof So help yo" God.
°- w- L- An Order for Cutting Palhsadoes
2:252 (NYSL) at Esopus.
Sept6826 These are to giue notice to all persons concerned in eith? of the New Dorpes or Villages lately laid out by my ord? That euery such person do repaire or send some one in his stead to their respectiue Dorpes or Villages duering this ensueing winter to cut & provide their proportions of Pallisa- does against the next spring when each persons diuidend of land belonging to his lott shall be sett forth for their setting thereupon Hereof they are not to faile Giuen und* my hand at Esopus this 26^ day of Septemb? Anno Dm 1668.
Fran: Louelace.
O. W. L. An ord? for the provision of Planks boards &c
(N^SL) for ye settling the furthest New Dorp.
1668 Whereas a Resolution is taken to settle the furthest
New Dorpe or Village w^ all Conuenient speed, & in the first place it being requisite & necessary to make some place of defence for the w0!1 there will be occasion of Plankes & oth? materialls These are to authorize & empower you Henry Pauling on the behalfe of yo? selfe & the rest that are to settle there to take such Plankes boards & otfr materialls as yo? shall finde fitting for that purpose at the next Dorpe from any Two of the watch houses or fower Flankers there belonging to the Publique & being nearest at hand & to see them imployed for the vse aforesaid In the perfourmance
Collateral and Illustrative Documents
247
whereof the Schout & Comissaryes are desired to be aiding °- w- L- & assisting to yo" in prouiding of such Carts & Horses as (NYSL) may be requisite for their transporting to the said New Dorp And for soe doeing this shall be to yoV a sufficient warrant Sept. 26 Given undr my hand at Esopus this 26^ day of Septb-r 1668.
Fran: Louelace.
The Names of those persons that are willing °- w. L. to take their diuidends of Lotts at the (NYSL) furthest New Dorpe.
1668
Wee who haue hereunto subscribed o^ names are willing to take or. Diuidends of Lotts at the Furthest New Dorpe or Village when the Governor shall please to giue ord? for the laying them out unto us Dated at Esopus the 26^ day of SeptembV 1668.
Tho: Quynell Robert Bickerstaffe Jn° Biggs Frederick Hussey Henry Fading1 Anthony Cooke Samuell Oliver Edward Whittaker Thorn: Mathews Thorn: Skillman Cornelion Arson Davey Crawford
Christofer Berisford George Hall The marke of Robert Q Peacock The marke of W™ t?" Houghton Avert 7T? Price2 Thomas Elger George V Porter Anthony Addison Jn? Punye(?)3 W- Fisher Jn° Hendrick Rich: Cage.
1 Henry Pawling.
« Also called Evert and Edward Price in other lists.
» John Pound or Pounds in other lists.
248 Province of New York
°- W. L. An Answer To the Desires of the Inhabitants of
(NYSL) the Esopus tendred to me 24^ of SeptembT
1668.
1668 i To the First concerning the Boundaryes of the Dorp of Esopus my answ? & opinion is, that I conceiue the extremity of their land as to a N. West lyne to be the utmost bounds on that lyne And then a lyne drawne S. or S. & by East from the Sopus Kill in a Straight lyne to the Redoubt Kill to be the true boundearie of that Dorp on that side, & there to beginne the lymitts of the next Towne.
2 To the Second concerning the Swamp lying undv the Towne my ord^ is that it remaine to the use of the Towne of Sopus onely what my prdecesso? Cott Nicolls has already alotted to M? Pauling wthall with this Provisoe that the Towne in the next spring cause a sufficient Draine to be made whereby the Valley may be made dry & Consequently healthy otherwise I shall dispose thereof to such as I am Confident will doe it.
3 For the Preachers Bowry wch is at the New Dorp it being not wthin their lymitts I conceiue it concernes them not since I am resolued to make that a destinct *• Towne, & to those that shall settle there it properly belongs to clayme the right if any be though since it be forfeited to his Royal! Highns!?e by an Escheate I see no reason why he should be depriued of his right.
4. For the Quartering of the Souldiers & prouiding them their prouisions I am willing (since it proues a burthen to them) to ease them in that perticuler & shall take care to send them prouisions at my arivall at N. Yorke till when I thinke it reasonable that they prouide for them as formerly
5 Concerning the Constraining of Souldiers to pay their
1 In the manuscript this word is inadvertently written " destinet."
Collateral and Illustrative Documents 249
iust debts I thinke it reasonable that they should do it °- w- L«
2:255
Prouided that the Officer that Comands them be first (NYSL)
acquainted wth it before they be suirioned to the Bancke,
who will take care that in reasonable tyme satisfaccon shall Sept. 26
be giuen to the Creditor or else to be left open to ye Law
equall wth the rest of the Inhitants, but wthall I desire that
the Inhts will be carefull not to trust the Souldiers wthout
a probable power of their Repayment.
6 As to their last desire Concerning the House where M? Berisford liues I refer them to y6 ord' made by my prde- cesso? the late Governo? bearing date the 7*.h day of August 1668.
[Francis Lovelace.] Esopus Sept. 26t.h
1668.
Instruccons To the Schout & the rest O. W. L. of the Comissaryes at Esopus. (NYSL)
Yo" are w^ conuenient speed to remoue y6 Palisadoes & j" 1668 "I place them at the extremely of yor- Towne where the new addition is made & to open the Coming in of the Towne in the middle of it as is designed.
The place for buriall must be Impald as likewise the place for a Towne house.
The Morasse that lyes und? the Towne yo" are to take care that it be dray'nd whereby the place will not onely be improued to be bettf but it will Contribute much to the health of the place.
That according to the Agreem* made before me yo" goe on w*.11 the fence betweene yo" & yo? neighbours on the oth? syde That there may be no further occasion of difference upon that Account.
250 Province of New York [Nx']
O. W. L. Yo" are to be uery Circumspect in obseruing the motions (NYSL) & Intencons of the Indians especially those of the Wapingoes who are now gone to ioyne w*.*1 the Mohawkes against the L Sept. J Mahicanders.
Yo? are upon all conuenient opertunityes to giue me an account of the welfare & affaires of this place & if any thing happens extraordinary to send an express.
Yo? are to take care for the quartering ye Souldiers till such tyme I can send them provisions wch will be w1^ the first oppertunity & likewise to Hue freindly & peaceably w*!1 them & to assist them in what conueniently yo? can towards their planting the New Towne.
Fran: Louelace
2^'5g* The Souldiers Peticon at Esopus on y6
(NYSL) behalfe of their fellow Souldier Edw:
French. To the Right Honb!e Francis Louelace Esqr Governor Gen?tt und? his Royall Highnesse of all his Territoryes in America.
The humble Peticon of all the Sould1? und? yor. Honor.s Comand at Esopus. Sheweth
That they are uery sensible of yo? Honor.s iust displeasure against their fellow Souldier Edw: French for his late great miscarriage agrauated by so many Circumstances
Yet since it hath pleased God that the mischeife of loosing a mans life upon that occasion is in all probability out of danger & we being well satisfied that or. fellow souldier had no malice in his heart but was more then ordinary surprised w*.h a distracted passion w0?1 moued him to forgett himself & his duty.
fx] Collateral and Illustrative Documents 251
We doe all unanimously most humbly °- W. L. pray that yo^ Honor out of yor. abund* (NYSL) goodnes & Clemency will be pleased at
i • r 17- l668
this or. first & earnest request to passe Sept. 27 by & to pardon o? Fellow Souldiers great error & ofence, & we shall all promise & engage o^selues for his future good behauio? as becomes an honest man & a Souldier.
• And we in duty shall euer
pray &c
Vpon this peticon y6 Engagem* of the Sould1? y6 Gou"10' was pleased to release Edw: French & admitt him againe to be a Souldier the morning he came away Sept 27^ 1668.
M? Henry Pauling appointed to lay out the °- W. L. Lotts at the furthest Durp at Esopus. (NYSL)
Whereas I am informed that some of y6 Persons who haue 1668 leaue to settle at the furthest New Durp at Esopus, haue a desire to goe there this winter, These are to authorize & appoint yoV Henry Pauling w*.h the first Conueniency, to lay out to such person[s] their respectiue house Lotts, in the place aforesaid; for the doing whereof this shall be yo? warrant. Giuen und? my hand at Fort James in New Yorke this ^ day of Nouemb? 1668 [Francis Lovelace.]
To M? Henry Pauling.
An Order for six of the souldiers at Esopus to goe O. W. L.
to worke weekly at the furthest New Durpe. (NYSL)
Whereas It is intended that the furthest New Dorp shall 1668 be setled w^ all Conuenient speed; These are to require
252 Province of New York
O. W. L. y0? ypon the Receipt hereof to appoint six of the Souldiers
(NYSL) und? yo? Comand to goe each weeke to worke there, or to
send & to take prouisions along wth them, who are to be
Nov. 9 releiued the following weeke by six others Souldiers, & so
to take turnes successiuely weeke aft? weeke, untill further
order. Giuen under my hand at Fort James in New York
this 9^ day of Nouemb? 1668.
[Francis Lovelace.] To M? Christofer Berisford at Esopus.
- Gouerno? Lre to the Officers and
(NYSL) Souldiers at Esopus.
Gentlemen
1668 Hauing now paid yo" of these 6. months last past so y* yo" cannot prtend any obstructions to the setling the new Plantacon I haue laid out for yo* in w6?1 I desire yor. vigor- ous endeauoT that soe by that tyme I shall come up to yo" wch ^wth Gods permission) will be as soone as that weather will ^3} mitt) I may see some fruites of yor. Labour yo" may be sure of all the Countenance & assistance I can afford yoH & I shall expect nothing from yo" but a Civill Comportment, I doubt not but by your vertuous endeauours & Gods blessing on yo? labour to giue a comfortable account of yo? to his Royall Highnesse who (I know) will be uery well satisfied w*!1 your undertakings, & the benefitt & content will needs redound to yoT future felicity, w0!1 as no man wishes more then my selfe so none shall promote it more then
Yo? affectionate freind
F. Louelace.
Forte James in New York the 17^ of Novembr 1668.
For the Officers & Souldiers at Esopus.
fit'] Collateral and Illustrative Documents 253
An Ord? for the suspending the °- w- L-
2:319
Sentence ag* Matthieu Blanchan (NYSL) of Esopus.
Whereas Complaint hath heretofore beene made unto me 1668 by Matthieu Blanchan an Inhabitant of yo.r Towne That he ec" 3I was hardly dealt wthall by yo* concerning a distresse taken of one of his working Oxen wc.h he kept for the use of his Mill upon account of a trespasse not seeming to be sufficiently proued against him, wherein he sued for redresse: And there being now againe likewise a fresh Complaint exhibited by him against yo" That yo? Court hath w*h great seuerity condemned him in a certaine suine of money to be paid as a fyne as also w*.h banishment for a yeare & oth? circum- stances in the sentence of that Court sett forth, vpon prtence of Slanderous words giuen by him against one of yo* Comis- saryes from wc^ sentence he hath appealed unto me: These are to require yo" to suspend the putting yor. sentence against the said Blanchan in Execucon & that yo1? do no way molest or trouble him any further vpon that occasion but respite all proceedings thereupon untill my comeing vp to the Esopus in the Spring when I shall examyn into the meritts of the whole matter & giue my Judgment and determination therein according to Law & good Conscience Giuen und? my hand at ffort James in New Yorke the 31^ day of DecembV 1668.
[Francis Lovelace.] To the Schout & Comissary
at Esopus.
The Governo1? Lett? to y8 Magistrates at O. W. L.
7 2:337
EsopUS. (NYSL)
Loving freinds.
Mr Pawling hath fully informed me of what hath past betweene yo" & y* Esopus Indians, as also of their proposalls
254
Province of New York
1668/9
Feb. 24
O. W. L. Joyned w^ y6 South Indians & those of Nevisans to make a firme peace w*!1 y6 Maques & Synnekes, I do very well approue of what yo" haue already done, & do thinke it conuenient that their designe of peace should be encouraged & promoted w1.11 all speed To wc.h end you'l do well to send some Christian wtl? yo? Indians (but at their Charge) to see ye same agreed & Concluded upon If you are not provided better I thinke Christofer Davies may be a fitt person to receiue instructions from yo^ therein & to be a witness of what shall be done w0!1 when it shall be effected at his & ye Indians retorne back I shall expect an Account thereof here when I shall be ready to Ratify & confirme what they shall agree & Conclude upon tending to peace & Vnity I am.
Yo? very Loving freind
Fort James in Fran: Louelace.
New York 24^ ffeb1? 1668
0. W. L.
2:481
(NYSL)
1669 July 25
[Lovelace to Berrisford at Esopus]
Mr Berrisford
I haue received yor Letter of the ijth of July together with William Fissher. I approue well of yor presecucon of yor Duty; But this I must informe you, that if a Stricter hand had beene kept over the Souldre wee Should not haue had Such frequent Complts of them as dayly aprowch my Eares; For besides fact of this ^ticular person; I cannot but take notice to you of the great Comprt of the Souldrs often drunk- enesse, debauchery, breaking windowes, quarrelling with all, vindicating them Selues in their owne Causes, and Such like exorbitances that (to Speake plainely) are becoming more the nursery of New-Gate then persons who haue taken on them a Settled and resolved life; Pray therefore lett these things bee amended, and that I may haue no further Cause
p£] Collateral and Illustrative Documents 255
to expostulate with you on ye like Subject, I am Sorry I could °* ^ J" not in person visitt you this Spring, but Send mee word if (NYSL) any thing bee to bee done in point of laying out the Lotts of their Feilds I will Send then the Surveyor and Comission" July 25 to effect it, however lett them goe on with their home lotts according to the description I gaue to Pawling, Comend mee kindly to all and beleeue mee to bee.
Tom Walton was on the point of Death and hee bequeathed [blank] Stl to Mre Broadhead to whom comend mee and tell her her Debt from Fissher is as Safe now as before.
[Francis Lovelace.] Fort James the 25th
of July 1669
Instructions for Ralph Whitfeld Escp, Capt John
Manning, & the rest of ye Commission" for 22:99 the Affaires at Esopus & the New Villages adjacent. — *
1. Inprimis — That after you have first publishd yo 1669 Commission (wch you are to doe with all convenient speed
after yor Arrivall) you doe send to y6 Sachems of the Esopus who sold their Land to my Predecessor Coll Nicolls to come and acknowledge the Sale of the said Land before you, and upon acknowledging thereof, & renewing of ffriendship, you engage them to doe the like yearely at the same place for the future.
2. That you acquaint ye Souldiers & all ye Inhabitants in Generall, that now being a time of peace, and Land being
1 There are two record copies of these instructions, of which this one is the fullest. They exhibit textual variations, and hence both are printed for comparative collation.
256 Province of New York fif]
CnJysL?" a^ottec^ to every Souldier for his Subsistance, I have thought 22:99 fitt to reduce the Ganyson, and to take that Charge off 1660 kis Royall Highnes the Duke.
Sept. ii 3. That then you make Enquiry into ye strength of ye Place by takeing acco* of y^ number of ffamilyes & persons capable to beare Armes both at ye Esopus & ye two new Villages, after wch you are to endeavour to finde out ye best & most convenient way for maintaining a constant Watch at ye Redoubt.
4. That you make Enquiry how ye Inhabitants of Esopus have proceeded in following my Orders and Instructions left them when I was there, and what is the Remora or reason they have not proceeded therein.
5. To make enquiry after, & to view the Land comonly calld the Wash-makers Land, and to endeavour to know ye prtences of Governour Stuijvesant, or any other person thereupon, and upon what Acco* & consideracon they claime it.
6. To make enquiry after, and to view a piece of Land adjacent claymed or belonging to Thomas Hall lately deceasl
7. To enquire after ye Lymitts & Bounds of Capt Thomas Chambers, whether it be according to his Grants or Pattents, and how much further it extends ?
8. To enquire how Capt Chambers is enclined to per- forme his Vndertakeing last yeare, about erecting & keeping ye Storehouse at ye Redoubt (of wch you have the Articles,) And if hee still declines to propose it to some other Vndertaker.
9. That you make a speciall Injunction that noe Wheat or other Graine be Transported and mingled with other, without the Corne be very well cleansed; That place haveing already in part lost the Reputation they formerly had.
Collateral and Illustrative Documents 257
10. That you give Order, for the ffarmeing of the Excise
to the best advantage, and take Acco* how the last years 22:99 Income is disposed of. l669
11. That you take Order that all psons who have any Sept. n prtences to Lotts at the New Durps (wch was burnt) doe forthwith Settle there under ye penalty of some ffine or forfeiture.
12. That when Mrs Broadhead doe remove from the Washmakers Land, you are to take care to make a very good provision for her at the further Dorp, in regard of her great charge, & her being a Commission Officers Widdow.
13. That you take into yor consideracon how the further new Durp shall be Governed, as to Officers, and by what Lawes.
14. That you appoint some Officers to order the Well Laying out the High-wayes from one Village to another, & keepping them passable.
15. That you enquire after & appoint fitt places of Rende- vous, in case of Insurrection or Invasion, and how each place may have recourse one to the other for Succour.
1 6. That you take some order for ye reparacon of the House next to Mv Beckmans, commonly calld the Domine's or the State house.
17. That you take great care to regulate the Abuses of thelndyans and their Drunkennes at Esopus,& make enquiry who transgresse in giveing them more Drink or Liquors then is fitting or allowed off.
1 8. That you cause an Officer to be made in the nature of a Constable amongst the Indyans to keep them in the better Order.
19. That one or more Officers be appointed by you at the further Durpe, to whom the Indyans thereabouts may have recourse for Redresse upon occasion.
[17]
258 Province of New York [Nx°]
C(NYSL?* 2O* That 7OU ta^e care & S*ve y°r best advice and direc- 22:99 tion for the continuance of the late made peace amongst
the Indyans; & if any breach shall happen, that you give Sept. ii order to make Enquiry into it, and where the fault lyes to
cause satisfaction to be given by them, to those Injured or
abused.
21. That you cause a Prohibition to be made that noe Strangers be permitted to come amongst the Neighbour- Indyans there, and disturb the public^ peace.
22. That you acquaint ye Souldie", that as soon as their Acco^8 can be Stated, to know what is due to them, their Arreares shall be paid.
23. That you likewise take into yor consideracon how some Rate may be impos'd upon the Inhabitants there, according to the Lawes Establish t for the defraying their own public^ Charge.
24. That you cause with convenient speed the Palisadoes to be renewd, and place them at the extremity of the Towne% where the New Addition is made, and to open the comeing in of the Towne in the middle of it, as is designed.
25. That the place for Buryall be impal'd, as likewise the place for a Towne-House.
26. That you take care that the Morasse that lyes under the Towne be drayn'd; whereby the Place will not only be Improovd to be better; But it will contribute much to the health of the place.
27. That according to the Agreem* made before mee, you see that they goe on with the ffence between them & their Neighbours on the other side, That there may be noe further occasion of difference upon that Accompt.
28. And Lastly that haveing done your utmost in prose- cuting my Commission, and following these my Instructions, that you break off, and repayre to yor respective Employ-
Collateral and Illustrative Documents 259
ments and Occasions. — Given under my Hand at Fort James in New Yorke this IIth day of September. 1669. 22:99
Francis Lovelace 1669
Sept. ii
Instructions for Ralph Whitfeild Esq? Capt? °^S" Jn? Manning & y6 rest of y* Com1? for y° (HYSL) Affayres at y6 Esopus & y6 newe villages adjacent.
Inprimis. That aft? ^o" haue first publis'ht yor Comoa l669 wc.h yo" are to doe wl.h all Convenient speed aft? yo? arivall, ^P*- XI yo? doe send to y6 Sachems of y6 Esopus who sould their Land to my prdecesso? Co? Nicolls to come & acknowleg y6 sale of ye said Land before yo? & upon acknowledging thereof renewing of ffreindship yo" Engage them to doe ye like yearely at ye same place for ye future.
That yo? Acquaint ye Souldiers & all ye Inhtants in Gen1".11 that now being a Tyme of peace & lands being alotted to euery Souldier for his subsistance I haue thought fitt to reduce ye Garrison & to take that Charge of from his Royal Highness ye Duke.
That then yo? make inquiry into y6 strength of y6 place by taking Account of ye numb? of ffamilyes & psons Capable to beare Armes both at ye Esopus & y* Two neare villages aftr w°.h yo? are to endeauour to fynde out ye best & most Conuenient way for maintaining a Constant watch at ye Redoubt.
That yo? make inquiry how ye Inhabitants of Esopus haue proceeded in following my Ord" & Instructions left w1.11 them when I was there & what is y6 Remora or reason why they haue not proceeded therein.
To make inquiry aft? & to view ye Land comonly called Washmakers Land & to endeavour to know ye prtences of
260 Province of New York
0. W. L. Gouerno? Stuyvesant or any oth? pson thereupon & upon (HYSL) what Account & consideration they clayme it.
To make Enquiry aft? & to view a peice of Land adjacent Sept. ii Claymed or belonging to Thomas Hall lately deceased.
To Enquire aft? ye Lymitts & bounds of Capt" Thomas Chambers his Land wheth? it be According to his Graunts or Pattents & how much furth? it extends.
To Enquire how Capt? Thomas Chambers is encly'nd to perfourme his undertaking ye last yeare about Erecting & keeping y6 Store house (at ye Redoubt of wc.h yo" haue ye Articles) & if he still declynes it to propose it to some other undertaker.
That yo" make a Speciall Injunction that noe wheate or oth* Grayne be transported & mingled w*.11 othT wthout ye Corne be very well Cleansed that place haueing already in parte lost ye good reputation they formerly had.
That yo? giue Ordr for ye farming of ye Excise to ye best aduantage, & take Account how ye last yeares Income is disposed of.
That yo" take Ord? that all psons who haue any Pretences to Lotts at ye New Dorpe (wch was burnt) doe forthw^ settle there und^ ye penalty of some fyne or forfeiture.
That if Mr.s Broadhead doe remoue from ye Washmakers land yo? take Care to make a very good prouision for her at ye furth? Dorpe in regard of her great Charge & her being a Com0? Office widdow.
That yo" take it into yo? Considration how ye furth? new Dorp shall be Gouerned as to Officers & by what Lawes.
That yo? appoint some Officers to ordr ye well laying out y6 High wayes from one Village to an oth? & keeping them passable.
That yo? inquire aftf & appoint fitt places of Rendevous
[Hx] Collateral and Illustrative Documents 261
in Case of Insurrections or Invasions & how each place may °- w- L«
/ 2 : 530
haue Recourse one to ye oth? for succour. (NYSL)
That yo" take some Ordr for ye Reperation of ye house next to M? Beeckmans comonly called ye Dominies or ye Sept. n State house.
That yo" take greate Care to regulate ye abuses of ye Indians & their drunkenesse at Esopus & make inquiry who transgresse in giving them more drinke or Liquors then is fitting or allowed of.
That yof Cause an Officer to be made in ye Nature of a Constable amongst ye Indians to keep them in ye bettr Ordr
That one or more Officers be appointed by yo" at ye furth? Dorpe, to whome ye Indians thereabout may have recourse for redresse upon Occasion.
That yo" take Care & giue yor. best advice & direction for ye Continuance of ye Late made peace amongst ye Indians, & if any breach shall happen that yo? giue OrdT to make inquiry into it & where ye fault lyes to cause satisfaction to be giuen by them to those injured or abused.
That yo" Cause a prohibition to be made that no Strangers be pmitted to come amongst ye neighbour Indians there & disturbe ye publique peace.
That yo" Acquaint ye Souldiers that as soone as their Accounts can be stated to know what is due to them their Arrears shall all be paid off.
That yo*? likewise take into yo? Consideration how some rate may be Imposed upon ye Inhabitants there According to y6 Lawes Establis'ht for ye defraying their owne publique Charge.
And Lastly that hauing done yo? utmost in psecuting my Com0? & following theise my Instructions that yo" breake
262 Province of New York
O. W. L. of & repaire to yo? respectiue Employm*? & Occasions, (WYSL) Giuen undr. my hand at ffort James in New Yorke this il^
day of Septemb? 1669. Sept.9i i [Francis Lovelace.]
°i^3 J" The Gouerno" Comission to seuerall psons for ye regulation <NYSL) Of ye Affaires at Esopus &c
Francis Loulace Esq? Gouerno? Genr" und? his Royall Highns.s James Duke of Yorke & Albany &c of all his Territoryes in America, To all to whome theise prsents shall come sendeth greeting.
Sept69!! Whereas there are seuerall affaires at Esopus & ye New Dorpes or Villages adjacent w°.h require a regulation by some psons of Integrity & Expience to be upon ye place & there lying likewise before me some Complaints of irreguler pro- ceedings in ye Co1? there wc.h ought to be Examined & recti- fyed, For ye better managing ye said affaires & to put an end to any such differences, I haue thought fitt to nominate constitute & appoint & by this my speciall Comission doe nominate Constitute & appoint yo" Ralph Whitfeild Esq? Capt? Jn° Manning Capt* Thomas Chambers M? William Beckman, Mr Christopher Berisford & MT. Henry Pawling to be Com" to Examyn into & to regulate ye affaires there according to such instructions as I shall herew^ giue yo" of wc.h said Com1? yo* Ralph Whitfeild are to be prsident, & any foure of you shall be a Quorum, yo* are upon your arivall there to make ye Inhabitants in Generall acquainted w^ this my Comission, & if there shall happen to be any difference betweene any of them w0!1 may be of a nature aboue ye ordinary cognizance of ye Schout & Comissaryes yo? are hereby impowred to heare & determyn ye same, or
fie0'] Collateral and Illustrative Documents 263
what euer else of the like nature shall occurre besides what °- w- L«
pticulerly is given yo" in charge in yoT instructions And as (ifrSL)
yo" shall see cause yo" may call before yo" any pson or psons
& for ye clearing of ye truth administer an Oath unto them Sept. n
(y* w°.h yo" are hereby impowred to giue) & whatsoeuer yo*
or so many of yo? as shall make a Quoru shall lawfully Acte
or doe in ye prosecution of this my speciall Coinission this
shall be to yo" & euery of yo" a sufficient warrant Given
undT my hand & scale at ffort James in New Yorke this il*!1
day of September in ye 21.^ yeare of his Ma*1.68 Raigne Annocp
Dm 1669. [Francis Lovelace.]
[Proceedings of the Special Court of Commissioners for
i • A a- • T- n (NYSL)
regulating Affairs at Lsopus, etc.] 22:99
jEsopus. Sept. ij^ 1669.
At a Speciall Court held there by vertue of a Commission 1669
Sept* 17— 20 from his Honr the Governour to Regulate the Affayres of that
place and the Villages adjacent.
All the Comners being then present, the Sachems were sent for to attend them &c:
They likewise gave Notice to the Souldiery of that place to appeare the next day at 2 of the Clock in the Afternoon.
The Com1*3 then adjourn'd till ye next day at eight of ye Clock in ye fforenoone, and went to view the Villages, and nam'd the further Village Marbeton [sic] according to his Honre directions.
Three places of Rendevouz were appointed for Safegard of the Villages, viz* the first in ye middle of Marbleton, the second at Halfe way ground, the third in Hurley, which is the Village next to Esopus, and then soe nam'd by them.
264 Province of New York [Nx°]
CoLMSS. Septem: i8*h
(HYSL)
22:99
Present all ye Com1*. John Joesten petitioned about the Sept. 17-29 exchange of a Lott, it lyeing not properly before us it was thrown out.
Ander Cooley producd before them ye Gen11.8 Speciall Warrant, and desir'd a continuance of the Attachment, the Court acquiest in that, and dismissd him.
Matthias Blanchan peticoned for a Lott of Land according to his Patent.
Garrett Fokar peticoned for a certaine Lott prornisd (as hee alleadged) by the late Governour, and his Honor the present Governour.
Both were referrd to Munday at 2 of the Clock in the Afternoone. since wee are informed Mr Nicolls hath Order to draw it up.
The Comrs then drew up this Order wch was immediately publishd, and after affixd to the Doore of the Towne House, as followeth.
Whereas the Comrs appointed by his Honor y6 Governor to regulate & settle ye affayres of Sopus and ye Villages adjacent, have heard of severall prtences or Titles to ye Washmakers Land; and the Villages adjacent made by severall persons, and the Lands prtended to by Thomas Hall lately deceased, They have thought fitt for the clearing and determining of all Claymes concerning those places to warn all persons to bring in their Patents or prtences to the places aforemen- tioned, and doe hereby strictly Enjoyne all persons to bring- in their Patents or Pretences on Munday next, about 2 of the Clock in the Afternoone to them who shall be then sitting at the Towne-House at Sopez, Then & there to receive a Conclusion and Judgm* of their severall Titles & prtences as may be most satisfactory to the said severall
PS?'] Collateral and Illustrative Documents 265
Pretenders. Given under my hand at Sopez this i8th of
^ (ITxSL)
September — 22:99
Ralph Whitfeld' Pres* i669
Resolved then that ye Watch at ye Redoubt should be maintaind by ye Towne of Sopez only; The Villages haveing enough to doe to defend themselves.
Septem : 2O*h —
9
A Speciall Ordr from his Honr Dated Septembr ye last, and directed to ye Scout and Commissaryes there was read; And the Towne was ffyned ffifty Skepple of Wheate, for not performing one Particular there; viz* fFor not impaleing the Buriall place; The rest of the Injunctions of the Scoute is to give further Answer to.
It was agreed to make an Ordr to prvent the making of y6 Indyans drunk, for the first Offence five pound to be paid by ye Offender, for the second ten pound, for the third Banishm*.
A Peticon was then deliverd by Cornelis Barnsen Slecht concerning a Grant of Land the Busines was orderd to be heard the day following.
Albert Heymensen peticond to sett up a Brewhouse and Tan-fFatts in Hurley.
It was orderd y* ye Scout & Coiriissaryes should take care that two Men should constantly watch at the Redoubt.
A List of ye Men able to beare Armes at Sopez was then brought in, with y6 number of the ffamilyes there, but noe Acco* then given of the two Villages.
The Court examining all ye Patents, wch were then brought in (excepting only Mr Stuyvesants, Peter Schijler & Thomas
1 So written in the manuscript and not autographic.
266 Province of New York
Hall) and finde in them nothing nam'd concerning the 2^ 22 : 99 Styck or peece, either by Dutch Patent or English.
Complaint was made by an Indyan that Tijerk Claes had Sept. 17-29 em ploy d & not paid him; the Court made him make satis- faction, and ffyned Tork Claes.
Septem: 2i*h —
Capt Chambers produc'd severall Patents for Land and House-Lotts
The first for — 38 Morgn & — 451 rod The second for — 5 Morg: & — 23O.r The third for — 26 Morg: & — 52.r. The fourth for — 45 Rod & ffoure ffott, being A Home Lett.
The fifth Patent had foure Grants in one
The first — 440 rodd The second — 160 rodd
The third — 504 rodd The fourth — 128 rodd. The 6th Patent 4. Morgan and a halfe.
The Busines between Cornelis Barnsen Slecht & Hen- dricks Children was orderd to be determined on ye 22th Instant.
Orderd that the Excise should be offerd to ffarme on y* 22th instant at 4 of the Clock in ye Afternoon.
Then orderd that Rofet Gouldsberry should have 12 Acres on Land in Marbleton.
Capt Chambers refusd to meddle with the building of a Storehouse at the Redoubt, it was then offerd to others but noe Man would undertake it.
Collateral and Illustrative Documents 267
Matthias Blanchan appeard in y6 Afternoon to make good his Peticon against Tierck Claus de Wijt; upon a full heare- 22: 99 ing his Banishment was repeald, and his ffyne of six hundred l66^ Guilders reduc'd to two, w°h was to be paid to the Scout. Sept. 17-29
Septem: 22^h —
The Instructions being then read over againe every Par- ticular was debated; and ye Resolution of them will appeare in the Answer to ye Instructions at large.
Blanchan complaind against a Souldr; It was referrd to Capt Manning, Mr Beakman, & Mr Berrisford to heare, determine, & then Report.
The Scout & Comissaryes desyred Time to consider of the Watch at ye Redoubt, and to Answer the Instructions formerly directed to them from his Honour, and were to bring in their Answer on Thursday.
Septem: 23^ —
Mr Pawling was Voted to be ye Officer to whom yc Indyans should repaire for Redress of Injuryes in Kingston, Hurley, & Marbleton, and that hee take Care, noe Stranger Indyans come among them.
Mr Bereford [sic] chosen chief Magistrate of Marbleton & Hurley to bee above a High-Constable & short of a Justice of peace, & two Overseers in each Towne to be chosen.
That hee have power to hear & determine concerning the High-Wayes, the Overseers to give him an Acco*.
That Mr Chambers have an Acco* from y6 Scout & Com- missaryes of Kingston of the High-wayes belonging to that place, and have the same power to heare and determine.
268 Province of New York
to be ffined if tne Morass be not drayned by ye 22:99 last of November, one hundred Skepples of Wheat.
John Reynolds of Marbleton desired a quantity of Ground Sept. 17-29 there, alledging his Honrs promise for more then a Lott.
The Scout & Comissaryes then gave an Acco* of certain Instructions formerly sent to them; viz? That to the Motions of the Indyans they will be watchfull over them, and will upon any Occasion give notice to the Governour;
That they will new Tyle the Towne House where wanting.
The Comissaryes & Scout will provide an Officer to Cleanse the Corne and measure it.
The Watch at the Redoubt to be kept by two Men, appointed by them; And the Scout & Comissaryes are to take care to keep it in repayre at the Charges of Kingston.
The Business between Barens Slecht & Hendricks Children was heard & adjudged for Hendricks.
Mr Pawling peti coned the Commission1"8 to discharge him under their hands from certaine Injunctions his Honr formerly laid upon him; They answered They would make his Honor acquainted with it.
These Orders following were then drawn up and afterwards publishd, and affixt to the Doore of the Towne-House.
An Ordr that noe Wheat or other Graine be Transported or mingled with other, without the Corne be very well cleansed.
Whereas y6 Com18 appointed by his Honr the Governour to Regulate & settle ye Affaires of Kingston & the Villages adjacent have had certaine Informacon that all sorts of Graine growing here, and being the proper product of Kings-
Collateral and Illustrative Documents 269
ton & the Villages adjacent have not been well cleansed, & soe become less merchentable to the great disrepute & pre- 22:99 judice of the place; To prvent w°h Inconvenience for the future; They have thought fitt to Order, and doe hereby S®?4 strictly Order & enjoyne that noe person doe utter or sell any Graine whatsoever to be transported from Kingston, Hurley & Marbleton but such as shall be well cleansed and unmingled upon paine of forfeiture for any such negligence or default one full quarter part of such Graine soe utterd or sould contrary to this Order, one third parte soe forfeited to goe to our Soveraigne Lord the King, one third part to the Informer, & the other third part to the Scout & Cornis- saryes then being (who have hereby power to name the Officer for this purpose) to goe towards the charges of keeping the Watch at the Redoubt; And that it shall be lawfull for the Informer to seize & detaine in possession such graine untill upon complaint made to ye Scout & Commis^yes or any two of them, the matter in question be Determined; Which they are to doe with all speed convenient according to the Tenure of this Order. Given &c: 23d Septem: 1669.
An Ordr for ye Draining ye Swampish or Morasse Ground adjoyning to the Towne of Kingston.
Whereas his Honr ye Governor had formerly sent Instruc- tions to the Scout and Comissaryes of Esopus now called Kingston about severall Things relateing to that place; and hath since Comissioned severall Bisons to Regulate & settle y6 Affaires there, who among other particulars in thier Instructions are obliged to enquire after the performance of what was formerly given in Charge, to the said Scout and Comissaryes, & findeing one Article belonging to the Pub-
270 Province of New York
^clue Good as yett unperform'd, viz*, the Draining the 72:99 Swampish or Morasse Ground lyeing & adjoyning to the said Towne, The Com" in pursuance of those Instructions Sept. 17-29 have thought fitt to hasten the performance of it. And doe hereby strictly charge the Scout & Comissaryes (in regard it would very much conduce to the health of the place, & the Improvem* of soe much ground which is rendred at prsent almost useless) to Draine the said Swampish or Morasse ground by the last day of November next ensueing, upon paine of forfeiture of one hundred Skepples of Wheat to his Maty, according to the Vote and Sentence of the Court this day held by the said Commissioners to be Levyed on the said Towne of Kingston. Given &c: this 23d of Septem: 1669.
An Ordr for ye Repayre of the Domine's House or Towne- House in Kingston.
Whereas the Coinners appointed by his Honr the Gover- nour to Regulate & settle ye affaires of Kingston & the Villages adjacent have among other Instructions one con- cerning the Reparacon of the Domine's House or Towne- House in Kingston wch now growes ruinous, to prevent further damage, it being of absolute Necessity to keep that House in good repaire in regard of the frequent use of it! both for Religious Dutyes and Civill Affayres, It is thought fitt to give Order in that behalfe. And the Scout & Comis- 1 saryes of this Towne are hereby strictly enjoyned to repaire ye said House as soon as they can gett Pan-Tiles to doe it, and other Materialls thereto requisite; Which Reparation (it being for the publique Good) ought to be performd at the publique Charge; And which they are hereby empowered
Collateral and Illustrative Documents 271
to demand and Levy in this Towne of Kingston, And that they doe give an Acco* to his Honor the Governour of the 22:99 performance of this Order as soon as it shall bee by them l66^ Obeyd. Given &c: this 23d of SeptembT 1669. Sept- '7-*9
An Ordr to prvent Drunkenness among the Indyans.
Whereas the Comners appointed by his Honr the Governour to Regulate and settle the Affaires of Kingston & ye Villages adjacent have been inform'd that severall persons Inhabi- tants of Kingston have for their private Lucre & Gaine Sold to the Indyans thereunto resorting great quantityes of Strong Liquors wherwith They have been frequently drunk to the great dishonour of Christian Religion, and the breach of the Lawes of this place; They have thought fitt in order to prevent all Excess and Deboishery in that kinde for the future, strictly to Enjoyne, And they doe hereby strictly enjoyne all persons not to utter or sell to any Indyan or Indyans such quantityes as shall make them drunk upon the Penaltyes following, viz* ffor the first Offence the person soe selling is to pay ffive pounds, for the second Offence Ten pounds, and for the third Offence to suffer Banishm* out of this Towne; Which Summe or Summes the Scout is hereby Empowered to Levy by way of Seizure or Distress of any such Offenders Goods; Two parts of which said penaltyes or fforfeitures are to goe to the Reliefe of the poore of this place, and the third part to the Scout. Given &c: this 23d of Septem: 1669.
The like Order as drawn up for Hurley & Marbleton,
Mutatis mutandis.
272 Province of New York
22:99
An Order for the laying out &
J669 keeping passable the High-Wayes
& Comon Roads in Kingston, Hurley & Marbleton.
Whereas the Coiriners now appointed by his Honor the Governo1" to Regulate & settle ye Affaires of Kingston, Hurley, & Marbleton are obliged by a particular Article in their Instructions to take care that ye High-wayes & Common Roads belonging to those three Townes be conveniently layd out and constantly kept passable, They have thought fitt to Order & doe hereby Order that the High wayes and Common Roads belonging to Kingston be kept passable by y6 Scout & Coiriissaryes belonging to Kingston, who have hereby power to Command every person (whom they shall adjudge lyable) to attend their Orders in the mending of the High- wayes & Common Roads, and to ffyne such as shall neglect or refuse to obey their Summons according to such Contempt; And if the Scout or Coinissaryes shall neglect their Duty herein of supervising or ffineing Offendrs where just cause is, That then Capt Thomas Chambers who is hereby made & constituted Surveyour Generall of the High-wayes or Common Roads for the three abovemen coned Townes or Villages, shall have & hereby hath power to ffyne the Scout & Coinissaryes or any such of them as shall omitt his Duty therein; As before expressed 20 Skepple of wheat to be paid to our Soveraigne Lord the King; wch power as Survey or Generall hee is to exercise within twenty one dayes after the Date of this Order in Kingston; And whereas Mr Chris- topher Berrisford is chosen Chiefe Magistrate for the Townes of Hurley & Marbleton, hee is hereby empowered to Command the Overseers in each Towne to take the like care for the
Collateral and Illustrative Documents 273
mending & repaireing of the High-wayes in those two last Co1- men coned Townes; & to ffine all Overseers of both places 22:99 or any of them as shall neglect their Duty in 20 Skepple of Wheat to be paid to his Matie, and hath hereby power to Sept. 17-29 Levy the same; And if the said Christopher Berisford shall refuse any part of his Duty herein, That then ye said Sur- veyour Generall of the Highwayes shall have power to ffine him 20 Skepple of Wheat to his Matie, and to Levy it for the use aforesaid; which power in both the said Thomas Chambers & Christopher. Berrisford shall begin within 21 dayes after the Date hereof in Hurley, and 21 dayes after the laying out of the Lotts in Marbleton. Given &c: this 23 Sept: 1669.
An Ordr for the settling of Hurley.
Whereas severall persons by vertue of former Ground- Briefs or Patents claime Lotts or proportions of Land in Hurley, & have neglected their Settlements there, alledging frivolous reasons for their soe doeing, to the publiqp preju- dice; It is thought fitt by y6 Commiss" now authorized by his Honor the Governour to Regulate & settle The affayres of that Towne & y6 places adjacent, to Declare & Order; And they doe by this Declare & Order that every person haveing a Ground-Briefe or Patent to any Lott or proportion of Ground doe settle their said proportion by the first of Aprill next ensueing the Date hereof; And if any person soe claimeing shall refuse to Settle his Lott or proportion accord- ing to y6 Tenor of this Order, That then such Lott or pro- portion shall immediately become forfeit to his Matie, and to be disposed of as his Honor ye Governour shall think fitt, and withall to pay Twenty pound as a ffine to his Maty, w°h y6 chiefe Magistrate of this Towne is empowered to Clayme [18]
274 Province of New York
C(°NYSL)S' ^ Levy to the use abovesaid. Given &c: Sept: 24^ 22:99 1669.
i66 There appeared some Indyans though none of y6 Sachems
Sept. 17-29 that sett their hands to the Sale of ye Land to Colt Nicolls;
two of the Sachems to that Sale & one of ye Witnesses are
dead. It is left to Mr Pawling to Summon them, and to
endeavour ye performance of that Article.
It was orderd yl ye Scout should bring in the Charges as it stands in the Towne Book, that Barents Slecht may be paid againe by Hendricks Children.
Blanchan to have an Order for his 1500 Sheafs of Reed burnt by ye Souldiers to oblige them to make him satisfaction. Katherine ye wife of John Jonson complaind of her Hus- bands beating of her; Hee & his two Suretyes enterd into recognizance of Ten pound a piece that hee should keep the peace. The Bond is in Mr Beakmans hands.
Septem1?1* 25^ —
Blanchans Ordr was then drawn up & directed to M* Berrisford.
Barens Slecht's Ordr was then drawn up.
An Order was then drawn up for the keeping the Watch at the Redoubt, & repaireing it.
Instructions were then drawn up for Mr Berisford chiefe Magistrate of Hurley & Marbleton.
Instructions were drawn up for Mr Pawling Officer over the Indyans.
The Ordr for the Redoubt
Whereas ye Comners now empowered by his Honr Governor to Regulate ye Affayres of Esopus now call<
Px] Collateral and Illustrative Documents 275
Kingston & the Villages adjacent have taken into consider-
ation the Keeping of a Constant Watch at the Redoubt at 22:99
the Charge of the parrish of Kingston, obligeing them to i66
finde two Men to remaine constantly there upon this Duty; Sept. 17-29
They have thought fitt to Order, and doe hereby Order y*
ye Scout & Comissarys of Kingston doe take constant care
for the Reliefe of that Watch : and whereas the said Redoubt
is very ruinous, they are hereby enjoynd to repaire well and
sufficiently the said Redoubt within six weeks after the Date
hereof, upon paine of forfeiture of twenty skepple of Wheat
to our Soveraigne Lord the King; And soe constantly to
keep it in good repayre. Given &c: this 25th of Septem:
1669.
On this day (viz* 25th) the Towne formerly calld Sopez was named Kingston.
Septem: 27th. —
Complaint was made by Peiter Vlesen about a House now in ye possession of Sam: Olliver &c: It was Orderd upon ye hearing of that Complaint that the Scout should deliver possession thereof to the said Vlesen &c:
An Order was then drawn up for Tijerk Claesen to make satisfaction to ye Indyan hee employed &c:
Two Orders were then drawn up for settling the Excise in the two New Villages, viz^ for Hurley.
Whereas it is thought fitt to Settle ye Tapp1? Excise in Hurley, it is hereby Orderd that Mr Beresford doe take care for the settling & gathering of it in the said Towne of Hurley: And that hee observe to sett the same Rates, and use the same course in gathering it; and have the same power in
276 Province of New York
every regard uP°n refusall of paym* to Seize or distreyne as 22:99 is usd at Kingston; And is hereby obligd every yeare to give i66 an Acco* thereof to his Honor the Governour. Sept. 17-29 Directed to Mr Berrisford. The Like for Marbleton.
These 3 Lotts following are vacant by ye death of ye psons to whom they were promisd, and are to be disposd of as his Honr ye Governour shall appoint. — viz1.
Constaples. Jan Joosts. David Crawfords. I. 2. 3.
An Ordr was drawn up for Albert Heymensen's erecting of a Brew-House & setting up of Tan-ffatts; referrd to Mr Beresford to consider of the place.
} Lewis de Boys Overseers for Hurley
) Albert Heymens
] John Biggs Overseers for Marbleton >
) Fredrick Hussey.
Ankrup an Indyan peticond against Capt Chambers prtending hee was not paid for certaine Lotts of Lands. It was referrd to ye next Morning. —
SeptemT 28th —
Ankrup the Indyan appearing, Capt Chambers produced the Bill of Sale, & ye Indyan then ownd his marke, & full
Collateral and Illustrative Documents 277
satisfaction for the Land; the Comnrs then caused that c° Acknowledgm1 to be Endorsd on the Bill of Sale; And they (NYSL) took care that unjust Complaints from ye Indyans in that i nature should be punished. Sept. 17-29
Septem: 29^ —
An Ordr for the Officer to measure Corne was then made as followeth — viz*
Whereas 'twas thought necessary by ye Comners &c: that an Officer should be chosen to supervise & measure all sorts of Corne & Graine that shall be Transported from Marbeton, Hurley and Kingston to other parts; To ye End that none but what is merchantable may be utterd or sold; It is hereby orderd that y6 Scout & Comissaryes of Kingston shall Elect & choose a person whom they shall judge Most fitt for y6 Execution of that place; And they are hereby empowered to Charge every person soe uttering or selling any Corne or graine with the paym* of one Styver upon the Skepple then to ye said Officer, when any such Corne or Graine shall be brought to be viewd or measured, by the Owner or bringer of yc same to the said Officer; Who is hereby commanded to suffer noe Transports cons to be made of any such Corne or graine, but what is truely merchantable. And that the Scout and Commissaryes or any two of them be made Judges of any default or Complaint; or have power to punish where any cause is in any thing menconed in this Order both to the Officer soe chosen, or any person that transports such Corne or Graine. Given at Kingston. Septem: 29^ 1669.
This Morning the Court was Dissolvd.
278 Province of New York
Col. MSS. [Report of the Commissioners to Governor Lovelace.l 22 : 99 L r
(NYSL)
The Answer of ye Comners to
September ^is Hono1"8 Instructions annexed
to the Commission, as followeth.
1. On Thursday ye i6th of this Instant the Comr? arrived at Kingston. In the Evening meetting wth Capt Chambers & Mr Beakman joynd likewise in Commission with them, 'twas privatly read. The next Morning being ye iyth Instant a Court being calld ye Commission was publiquely read, all ye Coinners being present (& were constantly soe dure- ing the setting of the said Commission) and the Inhabit- ants were fully informd of the cause of their Comeing; and how great a care of his Honor ye Governour had for their prosperity and welfare, not only in remedying some former irregular Proceedings there, and composeing the private dif- ferences of unfriendly persons, but by takeing the best way for setling ye 2 new Townes, and endeavouring to render them as flourishing as ye place could make them, which was soe pleasing to the Inhabitants that they espressd that acknowledgm* which was due to soe excellent a person.
The Sachems being then sent for, a few dayes after appeared Waposhequiqua, and Sewakanomae two of those Sachems that sould the Land to ye late Governour Niccolls, who ownd their marks with y6 whole agreem*; An Indyan who came with them sett his hand to the paper, & they were then obliged to bring two young Men to wittness what they own, the other two Sachems mencond in that Agreem* are dead, but these Sachems that appeard obligd themselves to bring y6 Successors of those deceased to Mr Pawling, to whom it is referred to give full answer to ye rest of this Article.
2. This they were acquainted with, & they are willing
R-] Collateral and Illustrative Documents 279
to turne the Sword into a Plow sheare, Only in regard their CoL MSS«
3 £ 22:99
Lotts are not measured out to them yett, & the little ground (NYSL) they manure at present, bringing in a poore Revennew, likely to discourage new Beginners, it is humbly desird y* September their Provisions may be continued six months longer.
3. They have a List of the ffamilyes of the three Townes, wth y6 number of them that are able to beare Armes.
ffor the maintaining the Watch at the Redoubt it is imposd wholly upon Kingston, the other Towns being exposd to more danger from ye Indyans, and in that regard may very well be excusd from that 'Duty, the Scout & Comissaryes are to take that Charge upon them, and an Order is drawn up for it.
4. The former Instructions to ye Scout & Comissaryes are these, ffirst to renew the Pallizadoes, & place them at ye extremity of the Towne where ye addition is to be made, & to open the Towne in the middle.
To this ye Scout & Comissaryes answer that they doe repaire the Stockadoes, & that they conceive the Towne needs noe Enlargem*, it decreasing in people, when it en- creaseth they will be very ready, which will if now be a very great Charge to the few Inhabitants.
Secondly ye place of Buriall was to be impald, this hath been altogether omitted, & the Towne fyn'd for it 50 Skepples of Wheat.
(For the impaleing a place for a Towne House there, they conceive it a mistake, they have a Towne House already, standing conveniently within ye Towne.
Thirdly to Drayne the Morasse.
This hath been omitted, but an Order is drawn up under a penalty to have it suddenly done.
Lastly for the (Fence, when any come to live on the other side they are ready to obey that Command.
280 Province of New York
Col. MSS. 5. 6. They have viewd both Lands but noe Patents were (NYSL) producd though enquird after.
7. A Patent was granted to Capt Chambers for Coll September Nicolls of the Land here men coned, & was never surveyd,
Soe wee cannot give any Acco* of it; his other Patents wee have seen, and judge them to be indifferently measurd.
8. Capt Chambers doth absolutely refuse to meddle with it, 'twas offerd to others, but none accepted it.
9. An Order is publishd to redress it.
10. The Excise was offered to ffarme, but noe person comeing neer the vallue it is continued as before; ffor the last yeares Income, they have ye Scouts Accot
11. An Order is publisht concerning it.
12. Mrs Broadhead hath 100 Acres allotted her.
13. They have chosen Mr Christopher Berisford Chiefe Magistrate over Hurley & Marbleton who is to Govern by English Lawes, there is likewise chosen two Overseers in each Town under him.
The Instructions they left for Mr Beresford till yr Honors further directions are as followeth.
Whereas you are chosen by ye rest of the Commission1"8 Chiefe Magrate over Hurley & Marbleton, You are to observe these Instructions following; If any Order or Command shall be directed to you from his Honor ye Governour, con- cerning those places committed to your Charge, You are speedily to Obey them, which you may the better doe by the help of y6 Overseers in each Towne, whom you have power to Command in any thing that concernes the Execu- tion of yor Office. If any difference ariseth between ye Inhabitants, you are to give them a speedy Decision, not regarding partyes but ye merritt of ye Cause, And you are likewise to take the same Care that the Overseers doe their Duty, in whatsoever they are cornanded in relation to their
Collateral and Illustrative Documents 281
places. You are to Governe by English Lawes which will CoLMSS. speedily be sent you; & as you are obliged to preserve the (NYSL) peace as much as you can between particular persons, soe you must endeavour that those Townes coinitted to your September Charge may well agree among themselves, and both wth Kingston; And that you take away all Obstructions from that Trade or Correspondency You have with ye Indyans, & give his Honr the Governour an Accompt of whatsoever you judge considerable by the first Opportunity.
14. An Order is publiahd, & ye Officers nam'd.
15. Three Places of Rendevouz are appointed, ye first in the middle of Marbleton, ye second at Halfe-way Ground, the third at Hurley.
1 6. An Order is publishd for it.
17. An Order is publishd for it.
1 8. 19. 20. 21. Mr Henry Pawlling is made the Officer over the Indyans, and those foure particulars fall under his care.
His Instructions are as followeth. —
Whereas you are chosen an Officer over the Indyans, you are strictly to observe the above written particulars, and not to make your own Interpretations, but to follow precisely the Letter of those Articles; And you are not hereby anywayes empowered to prevent or hinder ye Trade of any person with the Indyans, or give any cause of just complaint, but to carry your selfe answerable to the Trust reposed in you; And in case of any disturbance or Riott among the Indyans, that may Endanger the publique quiet, You are to repaire to the next Magistrate in that Towne, & consult with him or the rest of the Magistrates what is best to be done for*yor assistance & the keeping of y6 publicp peace; And you are likewise to performe the remaining part of the first Article in the Generall Instructions, and send an Acco* thereof to
282 Province of New York
Col. MSS. his Honor ye Governour, as likewise of any thing of Moment (NYSL) concerning the Indyans by the first Opportunity.
22. The Souldiers are acquainted & well pleased with it. September 23. This is to be Regulated as in Long Island. And it is desir'd a Coppy of the Lawes may be sent them.
24. This is willingly obeyd, & they humbly desire, that in this and in all other your Commands yor Honor would be pleasd to accept of their Endeavor?
Signed1— Ralph Whitfeld pr' John Manning Thorn: Chambers Wm Beckman Christoph: Beresford Henry Pawling.
c- A- The Governor Lre to Esopus.
2 : 476 ~ _
(NYSL) Gent.
1669/70 I make use of ye first oppertunity aftf ye opening of y6 Mar* XI Ryver to recomend to yo? care ye Ordr.s & Instructions already giuen yo? by my selfe or left wtl? yo? by ye Comr? I sent as to ye goeing forward w^ ye New Dorpe or oth? matt1? relating to yo? in Genr!! Intending to visitt yo? in a short tyme, & to bringe a Surveyor wt!? me to lay out yor. Lands before y6 grasse growes too high, when I hope to fynde yo? forwardness according to Expectation, what is to be done on my parte for yo? Encouragem*.3 yo" may confi- dently promise yo? selues, So wishing yoH good successe I remaine
YoT Very Loving freind
Fran Louelace Fort James in New Yorke this ii11? day of March 1669.
» These names are so written by the secretarial hand.
Collateral and Illustrative Documents
283
I Expect to heare from you by y6 next, how affaires stand c- A. }? yo" in Relacon to ye Indians about ye Peace (ifYSL)
To Mr W^ Beeckman Mr. Xpofer Berisford & Mr Henry Pawling
In Kingston At Esopus
1669/70
Mar. ii
A Comission to Capt" Dudley Lovelace & at for ye surveying & laying out seuerall Lotts of Land at ye Esopus &c
C.A. 2:481
(WYSL)
Francis Lovelace Esq? &c Whereas y* bounds & Lymitts 1669/70 of y6 Townes at Esopus That is to say of Kingston Hurley & Marble Towne haue not hitherto beene sufficiently layd out & ascertained neith^ hath a division as yett beene made of ye perticuler new Lotts & some of y6 prtenders to y6 old Lotts laying clayme to greater quantityes of Land then is graunted to them in their Patents or Ground breifs y6 w*h requires an inspection thereinto & a due Regulation thereof, To y6 end theise seuerall matters may be y6 better concluded, I haue thought fitt to nominate constitute & appoint & by this my speciall Comission doe nominate constitute & appoint you Capt1? Dudley Lovelace, Capt? Jaques Cortileau Mr. William Beeckman, M* Christopher Berisford & M' Henry Pawling to be Com?3 to inspect y6 surveying & laying out y6 seuerall Lotts in ye Esopus & to ascertaine y6 bounds & lymitts of ye respectiue Townes as also to regulate affayres there according to such instructions as I shall herew*h giue yoH, of w?h said Com!8 yo1? Capt1? Dudley Lovelace are to be prsident, & any of you to be a Quorum You are upon yor arivall to acquaint ye Inhabitants of each Towne w*h this my Comission y* w?h you are to prosecute w^h all care &
284 Province of New York
c/ A. dilligence, And as yo" shall see cause where you fynde any (NYSL) difficulty in ascertaining ye old or laying out ye new bounds, yo" may call before yo" any person or persons to receiue Mar. 17 information from them touching ye same, & for ye clearing of ye truth administer an Oath unto them or any of them (ye w?h oath yo" are hereby empowred to giue) And what- soeuer yo" or so many of yo" as shall make a Quorum, shall lawfully Acte or doe in prosecution of this my speciall Comis- sion this shall be to yoV & euery of you a sufficient warrant Given und? my hand & sealed w*h ye Seale of ye Province at ffort James in New Yorke this if^ day of March in ye 22*h yeare of his Ma*ies Raigne Annocp Domini 1669.
[Francis Lovelace.]
Col. MSS. Instructions for Captain Dudley Love-
(NYSL) lace, Mr Jaques Curtilleau & the
rest of ye Comners for the Affaires at Esopus and the New Villages adjacent. —
Inprimis y* the Precincts of every Towne be justly Stated, according to their severall Patents, and that the particular Lotts be laid out as the ground falls out, onely in case a larger proportion of vile Land or Swamps shall happen to one Mans Share, That then it be in the Breast of the Coinnrs to make some Addition of good Land over & above his allowance specifyed in his Ground-Briefe, otherwise each man must be contented with his Lott as it falls out.
2. That after ye exact Bounds of Kingston is laid out, that there is to begin ye Boundaryes of Hurley, and where that terminates, Marbleton is to begin, & soe ye Lymitts of that to be sett out as farr as that extends towards the Indyans, wch beare as I suppose, South. —
Fx'] Collateral and Illustrative Documents 285
3. That noe persons have noe more Land laid out but C01- MSS-
. 22 '• 99
what is comprized in their Patents, and the Souldiers their (NYSL)
Proportion. i66Q/7o
4. For the Washmakers Land I shall referr you to y* Mar. 24 particular Instructions of his Royall Highnes wherein you
are to use Mr Styvesant wth all the flavour, soe that it preju- dice not ye Townes.
5. That Mre Broadhead be accomodated at Marbleton and have the first choice of her Lott.
6. That ye Land that ^belongs to Mr Varlett be Surveyd, & noe more allowed but what is comprisd in his Pattern.
7. The like for Thomas Hall, who under the prtence of 150 Margen layes Claime to about 300, but if the occasion of that Patent were throughly Inspected, it would appeare hee has little or noe pretentions to it at all.
8. There is a Tract of Land by y6 Cale Berge which I purpose to improove for a (Feeding ground, which I would have you to survey, & give mee an Acco* of it, it is called the Butter ffield. — Mr Pawling will direct you.
9. That such strict Rules be left to ye Planters to finish their severall Lotts, that whosoever compleats not the ffence of his Lott, & improves the Land, shall make a forfeiture of it, if it be not Inclosed within one yeare.
10. That you review all ye Instructions sent to the Com- missioners for the regulateing the Affaires the last yeare, & to give mee an Acco* where the non performance lyes.
1 1 . That all be compelld to settle in Townes, except one I have given Lycense to, who in regard hee lives between Hurley and Marbleton may be of convenience to Travellers, and make a Nearer Correspondence between the two Towns.
12. That in regard many occurrences may arrise, wch will be impossible for mee to foresee, here therefore you are at Liberty to take any thing into debate that may conduce
286
Province of New York
ra
Col. MSS. to advantage of ye Publicp though not expressed in these (NYSL) particular Instructions according to your prudence & Con- 166 /7o science> Nevertheless soe that it be not obligatory, till it Mar. 24 receive my approbation and Confirmation.
13. Lastly that haveing done yor utmost Endeavours for the regulateing and settling the Affaire at the Esopus, according to these & other Instructions deliverd you, and noe new matter ariseing worthy your Attendances that then you break off, and each Commissioner repaire to their severall other Employments, rendring mee a just Acco* of all Transactions in the prosecution of this my Commission directed to you. Given under my Hand this 24th of March. 1669. Francis Lovelace
Towne (NYSL) Kingston in
1670 Es°Pus Mar. 30
to Apr. ii
There being present
At a Speciall Court held there by vertue of a Commission from his Honour ye Governour for Setting out the Boundaryes of Kingston, Hurley & Marbleton; & for Regulateing the affaires of these places and ye parts adjacent — Die Mercurij viz* 30™ die Martij Anno Regni Caroli 2*?' Dei gra Angliae, Scotiae Franciae, et Hit3- niae. Regis. Fidei Defensoris &c: xxijd? Annoqp Dm 1670. —
Capt Dudley Lovelace Presid* Capt Thorn: Chambers Capt Jaques Curtelliau Mr William Beakman Mr Christoph: Berrisford Mr Henry Pawling —
Collateral and Illustrative Documents 287
It is this day Ordered that ye Lands of Thorn: Hall & Col. MSS.
J J 22 1 99
Nicholas Valett cont about 44 Acres — 150 Rodd lyeing (NYSL) upon the first great piece of Land next Hurley is Elapsd & forfeited ; by reason ye Patent for it was not renewd according Mar. 30 to the Law in that behalfe provided. And that Mr Jaques Apr?n Curteleau doe Survey the same, and as hee findes the Extent of it to make report thereof to the Governour. —
It is this day Orderd that Matthias Blanchan shall have in Liew of foure Acres of Meadow which hee setts over to the use of Marbleton, foure Acres of Wood Land elsewhere.
The like is orderd for all the rest who have subscribed to the Transport hereunto annexed : And that they choose out the said Wood Land which is to be in Liew of their other soe disposed, where they shall judge fitt. And they are to repaire to the Chiefe Officer of their Towne for a Confir- mation thereof.
Coppy of the Transport of ye Inhabitants of Hurley. —
Wee the Inhabit18 of ye Towne of Hurley in the Esopus whose Names are underwritten, doe remitt & Sett over unto his Honr Cott Franc: Lovelace the Governour the severall parts and parcells of Land contained in a Schedule annexed to dispose of it, for the better provision of Marbleton. And the Commissioners for ye Setting out y6 Boundaryes and Lymitts of ye Townes aforesaid, are desired to take care that the severall parcells of Land soe given by us, may be disposed of, to the Pretenders & Inhabitants of Marbleton, there being not Land enough thereunto belonging to satisfy them according to the Grants given them by the Authority of the Governour.
288 Province of New York [Nx°-]
CoLMSS. Acres
(NYSL Signed — Thomas Delavall [blank]
i6 Q Lambert Heybertsen 12
Mar. 30 Roeleff Swartwout • 4
Apr. n Lewijs de Boijs '•;'•'.£
John Joesten a
Cornells Winecoop 10
Matthias Blanchan 4
Copia vera Garrett Fokar .* 6
Jo Clarke Cler: Cur: Albert Heymens 8
Vpon the humble Request of Mr Cornelius Winecoop the Commissioners doe unanimously agree that the said Cor- nelius Winecoop shall have Liberty to lay his two parcells of Land scituate in Hurley into one ffarme, upon consid- eracon that hee allowes and setts over ffive Morgan of Land to the assistance of Marbleton; hee likewise rendring up againe one of the Home-Lotts at Hurley to be disposed of as the Commissioners shall think fitt.
The Coin1"8 have granted the said Homelott to one ffrancois La Ceire of Hurley to build there in the place and stead of Cornelius Winecoop.
Ordered that Capt Jaques Curteleau be desired to begin to Morrow being the last of this instant March to sur- vey the Land belonging to the Towne of Hurley at the North West Line which Terminates the Extent of Kingston; and soe onwards towards Marbleton soe farr as the Patents will reach, and to make report to the Commis- sioners what quantity of Land is therein contained, at their next Meetting.
Capt Jaques Curteleau was this day sworn Surveyour in open Court.
[Hx] Collateral and Illustrative Documents 289
Register. C°
6 22 : 99
(NYSL) Of all the Lands granted by ye Authority
of his R: H. lyeing within the Precincts of «l67°
' 6 Mar. 30
KINGSTON. A t°
Acres. Rod Apn
RoulofF Swartwout 4 = 560
Evert Pells 180 = ...
Widdow Jacob Hop 85 = 122
Wallrave de Mount 8 =
Edward Whittacre . . . ? 56 =
j Edward Whittacre }
\ Thomas Matthews ) *
Hendrick Joakims 32 =
Jacob Hopp 72 =
Heere Petrus Steyvesant 92 =
Mr Jeronomyas Ebbings 1000 =
Capt Thomas Chambers 10 = 390
More in y* same Patent 34 = 82
Capt Thorn: Chambers 6 = 180
Capt Thorn: Chambers 9 =
Capt Tho: Chambers 10 = 230
Capt Tho: Chambers 74 = 451
Capt Tho: Chambers 52 = 30
More purchased 24 = 80
Jan Barents Kunst now of Hurly 24 = 460
Register
Of the Patents granted to the Inha- bitants of the Towne of
HVRLEY
Acres. Rod
Co[r]nelius Winecoop 24 = 450
Cornelius Winecoop more 48 = 580
[19]
290 Province of New York [Nx ]
Co1- MSS. Acres. Rod
22: 99
(NYSL) Thomas Hall 10 = 500
j Arian Hybertsen 25 = 450
Mar. 30 [ Arian Hybertsen more 17 = 400
Apr. ii Capt Delavall by Transport from Gosen
Garetson 18 — 250
Capt Delavall more from ye same Man ... 48 = 460
Philip Pieters Schijleen * 16 = 250
More the same Man 50 = 440
Albert Heymensen 10 ===== 500
Lewis de Boys 24 = 450
Lewis de Boys more 16 =» 408
Matthias Blanchan 16 = 248
More 24 — 450
Antho: Crippell 16 = 350
Volcaert Jansen 18 = 250
More 40 = 460
Vltimo Martij.
The Presidfc employd the Surveyor, & all other persons concerned to measure the first Great piece of Land next Hurley containing by Estimation 300 = ooo:
Primo Aprilis.
They also survey d ye 2d piece, cont 420 = ooo:
The Surveyour alsfo] makes Report ) 0
«7 i i T j • ?• 148 = ooo:
that the Wash-makers Land contames . . j
»Schuyler.
Collateral and Illustrative Documents 291
Easter Eve —
Whereas John Joesten of Marbleton Husbandman hath putt in his Clayme or Pretence to two parcells of Land con- r 30 taining fourty foure Acres & 150 Rod, by vertue of a Bill of to Sale formerly granted to him from Thorn: Hall and Nicholas Valett deceased, whose Patent could not be produced by reason 'twas then (as hee altedged) in ye Office of Records at New Yorke; The Comners have therefore upon serious & mature deliberation thought fitt to lay out the quantity of Land aforesaid upon the second great piece adjoyning to y6 Bounds of Hurley; And yfc Mr Jaques Curteleau doe make Report thereof to his Honor the Governour, that upon sight of his Patent, hee may possess & Enjoy the said parcells of Land accordingly.
Orderd yt ye Bounds between Kingston & Hurley East- ward doe beginne at ye ffoot of the Hills upon y6 Easterly side of Premakers Land, & then running from the Hills along the great Creek to the East end of the Washmakers Land directly to ye Woods, & then with a North West Line thorow the Woods to a certaine Creek commonly calld & known by y6 name of the Redoubt Creek or Kill.
Orderd yt ye Bounds between Hurley and Marbleton do begin at the ffoott of the Hills all along the great Creek between the first and second piece of Land. Hurley Include- ing the first; Marbleton the second. And then with a North-West Line from the nearest part of that Creek to ye place of Rendevouz, cleare thorow ye Woods to the Redoubt Creek or Kill as in the other Boundary.
In persuance of an Order made y*5 3Oth of March last past, Capt Jaques Corteleau doth report to the Comre that hee hath surveyed not only all y* Lands given by Patent, but also those promised to ye Souldiery; And findeing ye quantity thereof to fall short of expectation.
292 Province of New York [Nf ]
Col. MSS. To the end therefore that y6 Townes of Hurley & Mar-
CNYSL) bleton may be supplyed with good & valluable Land to
give each Man content as near as may be; The Coinrs
Mar. 30 have thought fit to Sett over, and by this Speciall Order
Apr. ii have sett over soe much of the Washmakers Land to the
Inhabitants of Hurley, as by the Survey doth appeare to
fall short in that Precinct.
Vpon a Motion made by Capt Thorn: Chambers & seconded by Mr Henry Pawling; It is this day orderd that the Washmakers Land be divided into two equail parts, The one moiety to be recommended to his Honr, to be Granted to M' Petrus Styvesant in persuance of his R Hs his Direc- tions; & fourty Acres of the other Moiety to Captn Thomas Delavall towards the satisfaction of his Patent, hee being excluded the second piece; The Overplus containing 34 Acres is hereby more especially recommended to be dis- posed of, to his Brother Capt Dudley Lovelace in com- pensation of the great care & paines hee hath taken in laying out the Lands, and settling the Affaires of these parts to the Generall Content & satisfaction of all partyes concernd herein.
This day ye Presid* gave Ordr to y6 Minr or ffore-Leser to pray publiquely the day following (being Easter day) and soe from time to time hereafter for the Kg, Queen his R. ffi ye D: Yorke, & all y6 Roy11 ffamily, wch was obeyd accordingly.
Munday. April: 4?h;
The Comnrs fell into debate about settling y6 Militia, but findeing noe Commission Officers already establisht Thought good in obedience to his R: H? Lawes; & the Governore Instructions, to Nominate Mr Henry Pawling
Collateral and Illustrative Documents 293
Capt, Mr Christopher Beresford Lievten*, John Biggs CoL ^ ss- Ensigne to be Officers for the time being, and to raise (NYSL) and exercise, the Inhabitants of Hurley & Marbleton according to the Discipline of warr; Whereupon Procia- Mar. 30 macon was made by Beat of Drum according to the War- Apr?u rant underwritten
Your are upon sight hereof to give notice to all the Inhabi- tants of Hurley and Marbleton, and also all the Pretenders to the Land now to be allotted and laid out for them, that they appeare in Armes'at the Rendezvouze appointed the last yeare; and that you cause Samueil Olliver Serg* or Albert Heymens or either of them to read the Summons herewith sent you by beat of Drum publicity in the Towne of Kingston, and afterwards to affix the same upon the Doore of the Towne Hall. And for soe doeing this shall be your sufficient Warrant. Given under my Hand at Fox-Hall this fourth of Aprill 1670.
Signed. Dudley Lovelace Preside To Ensigne Biggs —
Proclamacon was made accordingly by Beat of Drum & the Souldiers Lysted.
The Names of ye Officers & Souldiers appointed to be present at the Rendevouz at Marbleton, To morrow y6 5th of Aprill 1670. — as followeth. viz*
Officers
( Hen: Pawling Capt"
-( Christo: Berisford. .Lievten*
( John Biggs + Ensigne
j Sam: Olliver + Serg*
(. Albert Heymensen . . Serg* Richd Cage+ Drumm?
Henry Crump Fredr: Pieterson Cornel: ffinehold Gisbert Crump Garret Johnson
294
Province of New York
Col. MSS. 22:99
(NYSL)
1670 Mar. 30
to Apr. ii
Marbleton Souldiers
Thomas Quynell -\
Wittm: Fisher + John Hendrick + Geor: Porter + Fredr: Hussey + Joh: Pound Edw: Whittacre Thorn: Matthews George Hall Antho: Cooke Antho: Addyson + Evert Price -f Thom: Elgar Edwar: ffrench Wm:Horton + Rofct: BickerstafFe Rofct: Peacock + John Reynolds + John Joesten Joesten Jacob de Wael.
Hurley Souldiers Paulus Paulenson Jacob Johnson Lewys De Boijs Araon Tunijs Antho: Crippell Lambert Hyberts Wardenr Hornbeck Garrett Fokar Garrett Corneliuson ffrancois Le Shiere John Albertsen Arian Albertsen Jacob Carle Robert Goldsberry John Dihoth Arian ffrancon Allard Rose Arian Rose John Rose Pieter the Negroe Matthias Blanchan.
In all — 54.
Tuesday Aprill 5*h 1670.
This day Capt Pawlings ffoot Company appeared at the Rendevouze, where they were musterd, & exercisd in their Armes. The President also caused all the Laws relateing to Military Affaires to be read before them; and then Marched them with fflying Colours to the Towne of Hurley, and there dismissd them; The Colours were Lodgd with a Guard at the Towne Hall in Kingston; Where the Souldiers were Com- manded to appeare next day in Court to draw their Lotts.
[Nx ] Collateral and Illustrative Documents 295
Wednesday Apr: 6*h Col. MSS.
22:99 (NYSL) The Comnrs this day took care for the publishing of the
Orders for the Boundaryes of all the Three Townes MarJao Kingston, Hurley & Marbleton, causing the same to be ffixt A rto upon the Towne Hall of Kingston to publicp view; And that noe Man might plead ignorance of the same, the said Orders were also published and affixed in the Dutch Language by Order of the President: The which were likewise recorded in the Dutch Register.
This day also ye Comnrs thought fitt upon y6 Debate of Mrs Broadheads Land to order that shee according to his Honors Instructions should have the first choice of her two Lotts; whereupon shee pitched upon the seaventh & eighth parts, upon the first peice of Land belonging to Marbleton.
The Commissioners doe order that Mr Pawling & Mr Beresford shall have three Lotts out of the Land belonging to Marbleton, to be divided this day by the Commission™ aforesaid by vertue of the Authority granted them by his Honour the Governour.
Orderd that for the more just and impartiall distribution of the Souldiers respective parcells of Land, whereby there might be noe murmuring or cavelling on any side, They should submitt to draw Lotts for y6 same: And the Commis- sioners to that End appointed that the next Childe (or that which was nearest at hand) should draw the Lotts & Num- bers out of two Hatts, and as they are drawn to deliver each Lott & Number to ye President to open, & publicity to read the same, and Register it in the Journall.
The first Lott was that John Hendrick, Richard Cage, & Thomas Quynell should have each 10 Acres of Land upon the first piece of Ground belonging to Marbleton, wch was forthwith Orderd them by ye Commissioners. N°: 4.
296 Province of New York [x°]
Col. MSS. The like Order for — Porter (NYSL) Hussey ^ N° 10.
Addyson 1670 J
Mar. 30
to The like Order for — Horton
Apr. ii
Elgar
Olliver
The like Ordr for — Peacock
Price VN°. 6 Reynolds
The like Ordr for — Biggs
Clinton ffisher
The Court adjourns till 2 of Clock in ye Afternoon.
A Paper Delivered in to ye President by ,• •>
tending to Sedition & Mutiny; which was torne as a scanda- lous Libell repugnant to the Lawes of this Governm1, and the Authority thereof.
The Comrs proceeded to draw ye rest of the Lotts (14) for divideing ye 2d piece of Land belonging to Marbleton amongst the Souldiers by the same Rules of proceeding as in the Morning.
This being done 'twas Orderd that (according to the Chance of the Lotts) Corporall Biggs, Wm ffisher, & Clinton Maund should have 20 Acres a piece on the 3d Styck.N? 15. 16.
The like Ordr for Jo: Hendrick, Cage & Quynell .N<? 19. 20-
The like Ordr fo/Elgar, Olliver, Horton N° n. 12.
The like Ordr for Hussey, Addyson, Porter ... . .N? 17. 18.
The like Ordr for Peacock, Price, Reynolds N<? 13. 14.
This day upon ye humble Request of RotSt Bickerstaffe, setting forth severall Reasons thereunto moveing him, to yield up his Right, Title & Interest of all the Land allotted
f x°] Collateral and Illustrative Documents 297
him within the precincts of Marbleton, The Court doth Co1- Mss- Order that Clinton Maund haveing formerly had a Promise (NYSL) from his Honour the Governour be Inserted in the Roome of Robert Bickerstaffe aforesaid, and receive, possess & Mar. 30 Enjoy the same parcell or parcells of Land if his Honor the Apr. n Governour think fitt to confirme the same.
Also upon y* Request of John Pound, setting forth severall reasons thereunto moveing him to yield up his Right, Title & Interest of all the Land allotted him within the precincts of Marbleton, the Court doth order that Wm that Wittm [sic] ffisher be Inserted in the Roome of ye said John Pound, & receive, possess, and Enjoy the said parcell or parcells of Land to the use of him and his Heyres forever; If his Hon? the Governour shall think fitt to confirme the same.
Ordered by y* Court that y6 Land upon ye first & second pieces belonging to Marbleton thus divided & drawn by Lott as aforesaid for the use of the Souldiers be forthwith recom- mended to the Governour for his allowance & confirmacon And that his Honor be supplicated in their Name to settle y6 same by Patent to them & either of them, their Heyres & Assignes forever: And that his Honor would be pleasd to send them halfe a yeares provision (now due to them as they alledge) and their Discharges (as they were promised by the first convenient Opportunity.
Joest Arian haveing this day given to Gisbert Crump his Home Lott lyeing at Marbleton, the Court has unani- mously orderd and Granted that the said Joest Arian be Releasd from that Towne, seeing hee has gott this Gisbert aforesaid to supply his place.
Thursday Aprill. 7*h
This day Mr Christopher Beresford was sworne chief Magistrate of Hurley & Marbleton.
298 Province of New York
Col. MSS. Also Mr Tohn Biggs was then sworne Overseer of 22:99 ,, ,, J
(NYSL) Marbleton.
Ordered that Mr Christopher Beresford chiefe Magrate, Mar. 30 John Biggs, Fredrick Hussey, Lewijs de Boys, & Albert Apr? 1 1 Heymens Overseers for the Townes of Marbleton & Hurley or any three of them are hereby Empowered & Enjoyned to settle a due way of ffences (improoving & preserving such Common ffields and the ffruits of them) as lye within the precincts of the Townes respectively where they dwell, and the said Chiefe Magistrate & Overseers shall from yeare to yeare appoint one or two of the Planters for all or each Common ffield belonging to the Townes where they dwell, to view y6 Cofnon ffences within their Trust; & to take notice of the defect thereof, and forthwith to acquaint the Owners with the same; And if the Owners or Occupyorsdoe not make or repaire ye Common ffences proportionably to the quantity of land allotted them, before the first of May next, & to measure the said (Fence within six days after the Date hereof, That then upon report of ye Viewer or Viewers soe chosen, the sd Viewr or View*8 shall renew them if they think fitt, & have double recompense for the same to be paid according to the known Lawes of this Governm* in that Case provided.
Orderd that Capt Henry Pawling be appointed Viewer for the measuring, makeing & repaireing all Common ffences within the precincts of Hurley and Marbleton, and that Albert Heymensen of Hurley, & Fredrick Hussey of Marble- ton be his Assistants for the measuring of it, and to Attend the said Service within six dayes after Notice, upon the penalty of twenty shillings.
Orderd that Capt Pawling be appointed also Viewer for the measuring and Laying out of the Home-Lotts and Streets of Hurley & Marbleton exactly and regularly according to the Draught or Plott of the said Townes herewith given him.
Collateral and Illustrative Documents 299
Whereas severall parcells of Land are broken up & manurd CoL MSS-
22: 99
in the Bounds of Hurley & Marbleton, before the Lotts were (NYSL) drawn & the Land apportioned; It is orderd that if any j6 Q persons Lott falls in the place where another person has Mar. 30 already plowed or manured as aforesaid, That then the said Apr. u present Possessor (by Lott) shall break up, manure, & bring into soe good Tillage the like quantity of Land for that person who soe plowd or broke up the Lott as aforesaid, upon paine of forfeiture of his Land and Patent.
Upon the Speciall Instance and Request of the Inhabit13 of Marbleton setting forth y* great necessity of erecting a Bridge at Marbleton to pass over to the certaine third piece of Land called y6 3d Styck: It is this day ordered that Capt Pawling doe take care for the Erecting & building of a Bridge there, & to take to his assistance Capt Thomas Chambers Surveyo* Gen1! of his Maties High-Wayes in these parts, & to make the Bridge with all convenient speed; The Labour- ers that are employd therein to be duely paid out of The Generall Rate assessed or to be assessed upon all the Inhabi- tants of Marbleton for makeing or Building the Bridge aforesaid.
The Names of the Persons that this day in open Court surrendered up their severall parcells of Land allotted them in Marbleton, for the good of their Fellow-Souldiers.
Anthony Cooke Edward French Thomas Matthews Edward Whittacre Copia vera George Hall
Jo Clarke Cler. Cur. Robert Bickerstaffe.
3OO Province of New York [x°]
Col. MSS. These Men did then Petition to ye Comrs that (since they (NYSL) had thus given up their Land to the Enlargm* of their ffellow Souldiers proportions) They might be ffreed from Marbleton, as also that they might have their halfe yeares provision sent Apr? ii t^iem down, with their Discharges from his Honor the Governour. The Grant of wch Requests falling not properly under the power of the Coin" the Presid* thought fitt to recommend the same to his Honor ye Governour for a Resolve.
Friday Aprill 8*h
Vpon the request of Tijerck Clausen de Wijt (producing a Grant from under the Hand of his Honor) the Court doth Order that hee shall have Liberty to Build a House, Barne & Stable between Kingston & Hurley upon his Land (contain- ing sixten Acres) according to his Grant, And that hee begin his Building within fourteen dayes after the Date hereof.
The Commission1"8 doe also agree that all Persons whatso- ever in the precincts of Kingston, Hurley, and Marbleton shall hold and Enjoy all Lands and Inheritances granted them by Patent or Lott, paying in Corne Two shillings six pence Quitt Rent annually for every hundred Acres to his Royall Highnes according to Law.
Vpon the humble Request and Petition of Robert Golds- berry tis this day ordered that the Peticoner be recommended to his Honor ye Governo1" for a Patent for eight Acres of Land lyeing in the Mid-way between Hurley & Marbleton, according to an Order heretofore made, beareing Date the one and twentyeth of Septem: 1669.
Vpon Notice given that Jacob [blank] refused to send his Boat and Servant to attend his Ma*ies Service, the Presid' Signed a Warrant to Impresse the same according to Law Which was forthwith obeyd accordingly.
Collateral and Illustrative Documents 301
Orderd that Jon Joesten and his Son shall be recommended C(^ MSS- to the Governour for y6 Grant of 2 Lotts of Land lyeing (NYSL) upon the 3d great Styck — N° 23. 24.
Report given in touching the Excise at Hurley by Mr Mar. 30 Berrisford. Apr?n
Vpon Tappets Excise, (viz* from the first of Jan^ to
this day) at 14 Guildre the Anko? 3 Ankors 42 : oo
Marbleton 00:00
Report given by Mr Beckman of the Excise at Kingston extracted out of his booke.
Aug: 10.
1669 Guild" Sri.
Inprirri; Given in by Hen: Pawling 5 Auk" \
Rum, at 14 guild1* f* Ankor j ^°
Sept: ii. By Matthias Blanchan. I Ankr Wine. . 14 =
16: Mre An: Broadhead. . . 2 Ank: Rum. . 28 =
Oct: 25. Mr Wm Beckman 2Ank:Brandy. 28 =
Nov: 6. Mr Beckman . . . i Ank: French wine. 8 =
Nov: ii. Mr Mat: Blanchan i Ank: Wine. 14 =
13. Mr Geor: Hall i Ank: Brandy. 14 —
22. Rouloff Swartwout I Ank JWine. 21 =
Ditto. Rouloff Swartwout . . . . I Tun Beere. . 8 =
Decem: 2d y6 sd Swartwout I Ank: Wine. 14 =
Decem: 8. ye sd Swartwood I Ank: Wine. 14 =
Decem: ii. Mr Matt Blanchan. . 2 Ank: Wine. 28 =
ii. Rouloff Swartwood . . 7 ffattsj Beere. 28 =
15. The said Swartwood. I Ank: Wine. . 14 =
23. The said Swartwood . J Ank: Wine. . 7 =
24. Mr Mat. Blanchan. . I Ank : Wine. 14 — 31. Rouloff Swartwood.. I Ank:£Wine. 21 =
Jan*? 8. The sd Swartwood. . I Ank: Wine. . 14 = 20. Matth: Blanchan. . . I Ank: Wine. . 14. =
302 Province of New York [Nx'J
9
(NYSL) I 1669 J [Guild" Sti.]
[Jan1?] 22. The said Swartwood i Ank:Wine.. 14 =
ML.7°3o FebT 12. RowlofF Swartwood.. 2 Ank:Wine&
Apr. ii i Tun Beer 36 =
15. Matt: Blanchan. ... 7 Ank:Wine. . 98 =
March 5. Rouloff Swartwood. i Ank: Wine. 14 =
18. Walravende Mount. 2 Ank \ Brandy 35 =
570
Guild- Transported from ye other side 570
2i. Ditto. John Poppen . . . i Ankr Brandy. 14 Ditto. Matth: Blanchan. . 7 Ank: Wine. . 98
InToto . 682
Noe other public^ Debts Levyed since the Commission" were here last.
Fredrick Hussey was this day sworne Overseer for the 'Towne of Marbleton & the Precincts thereof.
Lewys de Boys was also this day sworn Overseer for the Towne of Hurley and the Precincts thereof.
Albert Heymens was also this day sworne the other Over- seer of Hurley aforesaid.
Saturday. 9*!* Aprill. —
Vpon Reading the Peticons of Tierck Claus de Wijt, & Mr Wm Montania setting forth that his Honor the Governour hath given them a Grant for the Setting up of a Saw Mill
Opposite p. 303.
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LAST PAGE OF PROCEEDINGS OF THE COURT AT ESOPUS (KINGSTON), WITH SIGNATURES, 1670.
(Reduced from 12% by 8 inches.)
[Nx°] Collateral and Illustrative Documents 303
for the publiqp Benefitt, together humbly requesting also CoL that ye Com" would be pleas'd to recommend their good (NYSL) Intentions to his Honour for the speedy Erecting the said Saw-Mill some five Miles North from the Towne of Kings- Mar. 30 ton; and likewise imploring the Grant of a certaine piece of Apr. n Land scituate and lyeing a mile further (called Dead Mens Bones) upon a North Line Easterly containing about seaventy Acres for the sustentation of themselves and their Cattle, being soe remote from the Town of Kingston; The Commission" have viewd the same, & referrd the Debate thereof till Munday next.
Vpon reading ye Peticon of John Osterhout, Jan Burhans, & Cornelius Vernoij Husbandmen of ye Towne of Kingston, alledging that his Honor the Governour hath been pleasd to promise and Grant to them a certaine Neck of Land five Miles distant from Kingston or thereabouts over the Kill neare the ffoot path Leading to Albany containing by Esti- mation fifty foure Acres cleare & Good Land. The Commis- sioners have this day viewed the same, and have referrd the Consideration thereof till Munday next.
These five persons last menconed have oblig'd themselves to Build their Houses all together on the other side of the Kill due North from the Land of Capt. Tho: Chambers, intending y6 same for an In-Shipp within the precincts of Kingston.
Capt Chambers desires also to Build a House for a Tenant within two Musquett Shott of the said Innshipp. And also another House for his Son in Law. All which are referrd till Munday.
Munday. Aprill nth
Ordered that the severall Pettcons, viz* of Tijerk Claus, Mr Wittm Montania, John Osterhout, Jan Osterhout, Jan
304 Province of New York
Col. MSS. Burhans, Cornelius Vernoij, Capt Chambers and John
(NYSL) Teyson be forthwith recommended to his Honor the Gov-
ernour to confirme and allow the severall desires of the
Mar. 30 Peticoners, as hee in his Wisdome shall judge most fitt and
to Apr. xi convenient.
The Orders now Read, Corrected, & Amended, we doe Assent vnto vnder or Hands, Desiring his Honour to Pardon or Imperfections & to accept of or Endeauours
Dudley Louelace. Pres?fc Thomas Chambers [Signed] Will Beekman
This Euening the Court Christo: Beresford
was dissolued. — Henry Pawling
that there appeared the last day of or sitting (in Obedience to our Summance) before us one Calcop an Indyan Sachem, with his young Son and another young Indyan who have sett their hands to the Agreem* made between Richard Nicolls the late Governour, & the Sachems & people calld the Sopez Indyans, and doe own the same according to Right and Honesty. They were likewise admonishd to continue the same Custome yearely.
The next day Capt Chambers his Company appeared in Armes; They were commanded to remoove the East Gate of Kingston, to the middle of the Curtaine, soe that the Towne is now opened according to his Honre Instructions directed to ye Comrs the last Sessions.
The Company was musterd & exercis'd, & the Lawes relating to the military Affaires were read at the head of them in the Dutch Language. The Artillery was drawn into the ffield, & ffyred when the Presid* took Horse to depart for New Yorke.
Collateral and Illustrative Documents 305
The Governed Ord? for y? non Sale of c- £• y? Land at Esopus, w0*1 was given to (NYSL) y? Souldiers there.
Francis Louelace Esq? &c Whereas I am given to under- Al67° stand, That some of y? late Souldiers who haue had Lands alotted them at y6 New Village at Esopus called Marbleton, & haue had discharges from their Military Imployment haue contrary to y? end & intent both of my selfe and Predecessor for yl w?h y? Land there was Graunted to them prsumed to make sale of their Lotts| whereby y? said place in stead of being setled will inevitably come to Ruine & decaye unlesse some speedy Remedy be used, These are to publish & declare, That y6 Sales w?h already haue beene or shall wthin y6 space of Three yeares be made by any perticuler person that hath land laid out for him at Marbleton for his service as a Souldier are & shall be voyde, & that what person soever shall prsume to sell or buy any such Land wthin y? space of Three yeares aforesaid wthout my perticuler Lycence & consent shall be lookt upon as a Contemner of this Declar- ation & shall be lyable to undergoe such fyne or censure as by my selfe & Councell shall be thought fitt to be imposed upon them, And I doe likewise hereby ord? that Publication hereof be forthw?h made in each respectiue Towne at Esopus, & this Declaration read by beate of Drume & afterwards affixt in some Eminent place in every Towne that none may plead ignorance hereof. Given undr my hand & sealed wth y? Scale of the Province at ffort James in New Yorke this 23*h Day of August in y? 22^ yeare of his Ma*ies Raigne Annocp Dm 1670.
r2o] [Francis Lovelace.]
\
306
Province of New York
Land
Papers
1:36
(Sec. State)
[Location of Land Grants at Marbletown.] An Accounp*
1670 Off euery mans Lotts of Land, vpon the first and second Pieces of land belonging to Marbleton, and alsoe how itt Lyes bounded and abutting on[e] upon the other, taken out of thire pattents, Novembr y6 g^ 1670. Begining att the north-East of the first piece. Inprimis
i Acers
Mr Christopher Beresford on[e] lott and a halfe . .45* —
N°2
Cap1 Henry Pawling, on[e] lott and a halfe. .45* —
Rich: Cage: Tho:Quynell: John: Henry:
Sam: Oliuer. N?5 Tho:Elgar. Will : Horton
Robt: Pecock: N° 6 Auert: Price.
John: Reynolds:
N? 7:8: Mrs Ann: Brodhead:
Ensigne Biggs: N?9 Will: Fisher.
Clinton: Maund:
Vpon the Second piece the which is notdiuided as yett.
Sam: Oliuer \ Tho:Elgar V Will: Horton )
n: 12
Rob1: Pecock:
Auet: Price: V N? 13: 14.
John: Reynolds
Ensigne: Biggs:
Will: Fisher. ^N? 15:16.
Clinton Maund:
George Porter. \ FredrHussey: V N? 17: 18. Antho: Addison )
Collateral and Illustrative Documents
307
George: Porter. N?IO Fred:Hussey: Antho: Addison. |
Rich: Cage. Tho: Quynell. |
IN? 19: |
Land Papers 1:36 (Sec. State) 2O. |
|
John: Henry: |
) |
1670 |
|
Nov. 9 |
||
fred. hussey is to be y* |
Fred: Fetters: |
N?2I. |
|
first of those lalst [sic]1 |
|
||
3: N? 10 & soe in ye Rest |
Arte: Martison: |
N?22. |
|
• |
John: Josson and his son : |
IN? 23: |
24. |
on the first piece.
Rich: Cage: abutting: -
Tho: Quynell. —
John: Henry: —
Sam: Oliuer. — — Tho: Elgar. — — Will: Horton. — Robt:Pecock. — Auert Price. — — John Reynolds. — — M" Ann: Broadhead: - John : Biggs : — Will: Fisher. Clinton : Maund : — —
Fred: Hussey: —
Geo: Porter: — — Antho : Addison :
1So in original for "last."
Bounded and butting, as specified in y6 pattents.
N:E: vpon: Jo: Henry:
N:E: vpon: Rich Cage.
N E : vpon : Christopr Beresford.
N E: vpon: Tho: Elger.
N E : vpon : Will Horton.
N E: vpon: Tho: Quynell:
N E: vpon: Sam: Oliuer:
N E: vpon: Robert: pecock.
N E : vpon : Auert price.
N E : vpon : John : Reynolds.
N E: vpon: Ann Brodheads.
N E: Clinton Maund.
N E: vpon: John Biggs.
N E: vpon: Geo: porter.
N E : vpon : will fisher.
N E: vpon: ffred: Hussey:
308 Province of New York [N|-]
Land Boun[d]ed & butting: as specified in ye Pattents. 1:36 On the second piece of land.
Sam: oliuer. a butting N E: vpon: Tho: Elgar. 1670 Tho: Elgar. — — — N E: vpon: An: Addison.
Will: Horton. — N E: vpon: Sam: oliuer.
Robt: pecock N E: vpon: will horton.
Auert: price. — — — N E: vpon: Robt pecock.
John: Reynolds. — — N E: vpon Auert price.
John Biggs. — — — N E : vpon : John Reynolds.
will: ffisher. — — — N E: vpon: John: biggs.
Clin: Maund. — N E: vpon: will ffisher.
Fred: Hussey. — N E: vpon: Clin* Maund.
[G]eo : porter. — — — N E : vpon : Antho : Addison.
Antho: Addison. — — N E : vpon : fred : hussey .
Rich : Cage. — — — N E : vpon : John : henry.
Tho: Quynell. — — N E : vpon : Rich : Cage.
John : Henry. — — — N E : vpon : Geo : porter.
ffred: Fetters. — — — N E: vpon: Rich Cage.
Arte: Martison: — — N E : vpon : ffred : petters
John: Josson: — N E: vpon: Arte: martison.
his: sonn. — — N E: vpon: John Josson.
Finis. Copia vera
Rich Cage secretr.
Original Note endorsed: Esopus Lotts. Mr Berrisfords fla]nd abutts North East
vpon Jan Joosftens] land & South west vpon C. Pawli[ng]s.
Endorsed: To send it to George Hall.
For
His Hono? the Gouernr in New Yorke
fin] Collateral and Illustrative Documents 309
The Governed Lre to ye. Com" at Esopus. c- Gent
This may Serue to recomend unto yo" ye bearer hereof M? Isaack Greveratt, To whome he having an Inclination to remove w*!1 his family to yor Towne, I haue given a Com°.n as a person of a fitt Capacity to succeed M? Beeckman in y? place of Schout, & what oth? publique Imploym* he hath there; He is at this tyme onely gone up to fitt himselfe wth. an habitation, in w0?1 I pray giue him yor. best assistance, when he enters upon hk Employm^ It will be requisite all y* Publique Records should be deliuered into his Custodye, who is upon his Oath to Acte in his place honestly & Justly according to his best Capacitye This is all at prsent from
Yo? Very Loving freind
[Francis Lovelace.] ffort James in N. Y. Mar. 8^ 1670.
No. XL DELAWARE — LONG FINN INSURRECTION.
An OrdT for ye aprehending of y* Swede 0. W. L. at Delaware. (NY5SL)
Whereas I am giuen to understand that there is a certaine 1669 Swede at De la ware who giues himselfe out to be Sonne to Conincksmarke heretofore one of ye King of Swedens Genr" or Genr!! Officers & goes up & downe from one place to another frequently raising speeches very seditious & false
3io Province of New York [xl'l
O. W. L. tending to ye disturbance of his MatJ?s peace & ye Lawes of (NYSL) y6 Governm* in such cases prouided To whom is associated one Henry Coleman one of ye Fins & an Inhabitant at De la Aug?2 ware who hath left his habitation Cattle & Corne wthout any care taken for them to runne aft? ye oth? person & it being suspected that ye said Coleman being well verst in ye Indian language amongst whome both he & t'other keep, may watch some oppertunity to do mischeife to his neighbours by killing their Cattle, if not worse; whereupon yo" haue already according to yor. duty sett forth yo? warr* to appre- hend him but he cannot yett be met withall These prsents are to order impower & appoint yo" to sett forth a proc- lamation in my name that if ye said Henry Coleman do not come in to yo" & surrend? himselfe up to answer to what shall be objected against him wthin ye space of Fifteene dayes aft? divulging ye same that then yo" cause all ye Estate belonging to him wthin this Governm* to be seized upon & secured to his Matie.s use, of w^ yo" are to rend? me an Ac- count w^ ye first oppertunity Given und? my hand & scale at Fort James in New Yorke this 2<? of August 1669.
[Francis Lovelace.] To ye Officers at De la ware.
o.W.L. The Governo1? Lre to Capt° John Carr &
(N*YSL) ye Schout & Comissaryes at New Castle
upon De la ware. ^1669 Gentlemen.
I Reel yo? Pacquett w°h yo" sent by Henry de Loper
dated ye 8^ of Septemb? in wc^ were inclosed three other Copyes Two of them subscribed Coningsmark ye other Armgart Prins as likewise y6 Deposicons of seuerall persons concerning a lately insurection happened in yo? partes occa- sioned by ye Long Swede their pryme Incendiary all, wc>
On] Collateral and Illustrative Documents 311
being taken into a serious consideration I haue thought fitt °« w- L-
2: 503
wtl? ye Advice of my Councell to resolue & determyne as (NYSL) followeth, In ye first place I uery well appro[u]e & applaud yo? prudent & carefull management in Circumventing & Sept. 15 securing y6 pryme Instigators of this Comotion togeth? w^ ye cheifest of his Complices, likewise (for yoT. future anima- tion) that so good & seasonable a service both to his Royall Highn8? & ye security & tranquility of y6 Country, may not be buryed in Obliuion, I cannot but take notice of it & do retorne yo" thankes wthall assuring yo" to represent this Action to his Royall Highns.s w^ such characters [as] * are justly due to so worthy an undertaking.
Next I heartily wish my selfe w^ yo" to bring that Grand Imposter togeth? wih. y6 cheife of his Pack to condigne punishm*, but ye hourly expectation I am in of y* Arrivall of some shipps from England by wc.h I look for seuerall In- structions w0.11 will require a present dispatch, y6 whole frame of y6 Governm* standing at this tyme still neither Mayo? nor Aldermen elected The Grand Assizes like to bee prorogued all businesses wayting upon that breath that must animate this little body Politique of ours, So that what I do Recoinend unto yo" now must rath? respect y6 Stopping of y6 spreading of y6 Contagion that it grow not furth? then by any way of amputating or cutting of any member to make y* Cure more perfect.
I would therefore haue yo" to Continue y6 Long Swede in Custody & in Irons untill he can haue his Tryall wc.h shall be as speedy as my affaires can permitt, eith? by my presence or some of y6 Councell sufficiently authorized to heare & determyn that affaire.
For those of y6 first magnitude Concerned w*.h him yo1? may eith? secure them by Imprisonem* or by taking such
1 In place of the omitted word, the original has " are " duplicated.
312 Province of New York [xT]
°2 -To L* Caution *°r them to Answer what shall be alleadged & proued (HYSL) against them.
i66 For ye rest of ye poore deluded sort, I thinke ye Advice
Sept. 15 of their owne Countrymen is not to be despised, who knowing their temper well, prscribe a method for keeping them in ord^ w0.11 is seuerity & laying such Taxes on them as may not giue them liberty to Entertaine any other thoughts but how to discharge them.
I thought that JaflP? Papegay, Armgart Prins had beene so discreete not to haue intermedled in so unworthy a designe, for though what she hath Comitted was not of any dangerous Consequence yet it was a demonstration of their Inclynation & temper to aduance a strange power & a manifestation of her high Ingratitude for all those Indulgences & fauours she hath receiued from those in Authority over her.
I perceiue ye Little Domine hath played ye Trumpeter to this disord?, I referr ye quality of his punishm* to yo? discretions.
I haue rec^ a Peticon from diuers of the Inhabitants at De la ware in ye behalfe of those that Joyned w^ y* Long Finne it came inclosed in Mr- Cousturiers Letter but I shall take little notice of it since it came not by yor. hands howeuer if they shall make any further a Publication to yo" about it & yo" send it to me wth. yor. aduice thereupon I shall doe therein what shall be thought most fitting & conuenient I haue no more but to recoinend ye continuance of yoT. care of this & ye rest of y6 publique affaires in yor. ptes to yo? prudence & discretion wcl? is uery much relyed upon by
Gent YoT affecconate Loving freind
[Francis Lovelace.] Fort James in New York this 15^ day of September 1669.
[x! ] Collateral and Illustrative Documents 313
To Capt1? Jn? Carr & y6 Schout & Comissaryes °'JLL' at New Castle upon De la ware. (NYSL)
I Doe thinke it would not be amisse if for punishm* to ye sept/is simpler sort of those who haue beene drawne into this Comotion yo" injoyned them to labour sometymes in ye reparation of ye workes about y6 Fort, But for John Stalcop be sure he be secured in like manner as the Long Sweed, He Hauing beene I perceiue a Cheife ffomentor as well as an Acto? in this by them Jntended Tragedy, The mischeife whereof is like to fall upon their owne heads.
The Governo" Comon for y6 c; A- Tryall of severall Persons at (NYSL)
Delaware.
1669
NOV. 22
Francis Lovelace Esq? &c To all to whome theise prsents shall come sendeth Greeting
Whereas there hath lately hapned an Insurrection at Delaware by some evill mynded persons Enemyes to his Ma1!6 & ye Peace of this Governm* wcl? might have proved of dangerous Consequence had not Ring leaders beene sur- prised & so prevented of their wicked designe by ye vigil- ance & Care of y6 Officers there All wc.h having beene represented unto me I haue w*.*1 y6 advice of my Councell made some Resolutions thereupon ye wc.h are speedily to be putt in Execution I haue therefore thought fitt to nominate constitute & appoint, & by theise prsents doe nominate Con- stitute & appoint yo" [One line left blank for the names] to be Com1? to give Ord? & to take Care that The Acte of Councell be put in Execution accordingly, Giving yo" or any five of you of wc.h M? Matthias Nicolls to be one & President power to call before yo" any such person or persons
314 Province of New York [£•]
C. A. as are now Jn hold upon this Occasion & to pronounce (NYSL) sentence against them according to ye directions herew*1? 660 g*ven 7°" And alsoe that yo" cause all others suspected to Nov. 22 be Guilty to be sumoned to make their appearance before yo" & as their demeritts shall be thatyo" impose such mulct or fyne upon them or any of them for ye use of his Ma^6 as shall seeme best to yo? discretions, And if need be that yo" Administer an Oath to any person, or persons for ye better clearing of ye Truth, ye w0)1 Oath yo* are hereby Impowred to giue, And also that yo" Comitt any refractory person or notorious offender to prison, or any other Release as yo? shall see cause, of all wc.h yo" are to rend? me a due Account, & for w'ever yo" shall Acte or doe in prosecution hereof this my present Comission shall be yo? sufficient warrant & discharge, Given und? my hand & sealed vrth. ye Seale of ye Colony at ffbrt James in New Yorke this 22^ day of Novem- ber in ye 21^ yeare of his MatJ®s Raigne Annoqp Dni 1669.
[Francis Lovelace.]
Col. MSS. The forme of holding the Co? at the
(NYSL) Fort in Newcastle vpon Delaware
River, for the Tryall of the Long Finne &c. about the late Insurrection. Decemb. y? 6^ 1669.
1669 Vpon the meeting of the Co1? let Proclamacon bee made by saying O Yes, O Yes, O Yes Silence is commanded in the Co? whilst his Ma*ies Comission?3 are sitting, vpon paine of Imprisonment.
Lett the Comission bee read & the Coinission" called vpon afterwards; [if] any shall bee absent let their n[ames] bee Recorded
[38'] Collateral and Illustrative Documents 315
Then let the Proclamacon bee made again by O Yes, as Co1- ^ before, after which say, All manner of Persons that have any (NY*SL) thing to doe at this speciall Co^ held by Comission from the Right Hob!e Francis Lovelace Esq? Governor Gen11 vnder Dec. 6 his Royall Highnesse the Duke [o]f [Yor]ke of all his Terri- tories in America, draw neare & give yo? attendance, & if any one have any Plaint to enter, or Suite to prosecute, let them come forth & they shall bee heard.
After this let a Jury of twelve good men bee empannelled,
Then let the Long Finne (Prisoner in the Fort) bee called for & brought to the Barr.
Vpon which the Jury is to bee called over & numbred one, two, &c & if the Prisoner have no Exception against either of them Let them bee sworn[e] as directed in the Booke of Lawes for Tryall of Criminalls, & bid to looke vpon the Prisoner at the Barre.
The forme of the Oath is as followeth
You doe sweare by the Everliving God that you will con- scientiously try & deliver yo? verdict betweene oT Soveraigne Lord the King, & the Prisoner at the Barre according to Evidence & the lawes of this Countrey, So helpe you God & the Contents of this booke.
Then let the Prisoner bee againe called vpon & bid to hold vp his Right hand, viz? John Binckson alias Marcus Conings- marke, alias Coningsmarcus, alias Matheus Hincks How [swearest thou ?] l
Then proceed with the Indictment as followeth.
John Binckson, Thou standest here endicted by the name of John Binckson alias Coningsmarke, alias Coningsmarcus alias Matheus Hencks, alias XX, for that having not the feare of God before thine Eyes but being instigated by the devill, Vpon or about the 2&h day of August in y6 21^
1 Original mutilated.
316 Province of New York [xi]
Col. MSS. yeare of the Raigne of o? soveraigne Lord Charles the (HYSL) 2? by the Grace of God of England, Scotland ffrance & i66 Ireland King Defend? of the Faith &c Annocp Domini 1669. Dec. 6 at Christina.
& at severall other times & places before, Thou didst most wickedly, traiterously feloniously & maliciously conspire and attempt to invade by force of Armes this Government setled vnder the allegiance & protection of his Ma*ie, & also didst most traiterously solicite & entice divers & threaten others of his Maties good Subjects to betray their allegiance to his Matie the King of England, persuad- ing them to revolt & adhere to a forraigne Prince that is to say, to The King of Sweden, In prosecucon whereof, thou didst appoint & cause to bee held many Riotous, Routous & Vnlawfull Assemblyes [again]st [th]e Peace of o? S[over- aig]ne Lord the King, & the Lawes of this Government in such cases provided.
John Binckson, &c. what hast thou to say for thyselfe, Art thou Guilty of the Felony & Treason layd to thy Charge or not Guilty ?
If hee say not Guilty. Then aske him By whom wilt thou bee try'de, If hee say by God & his Countrey, say God send thee a good Deliverance.
Then call the wittnesses & let them bee sworne either to their Testimonies] [as] l already giuen in, or to what they will then declare vpon their Oathes.
Vpon which The Jury is to have their Charge giuen them, directing them to find the matter of Fact according to Evi- dence, & then let them bee called over as they goe out to consult vpon their Verdict in which they must all agree.
When the Jury returnes to deliver in their Verdict to the
T*, let them bee called over againe, & then ask't.
Original mutilated.
[No.]
LxiJ
Collateral and Illustrative Documents
317
Gent. Are you agreed vpon yor Verdict in this Case in Col. MSS. difference betweene OT. soveraign Lord the King & the (NYSL) prisoner at the Barr. vpon their saying Yes, Aske who shall speake for you Then the [Jury] the Forem[an] f[or] Dec. 6 [t]hem [shall give] in their Verdict the wc.h is to bee [recorded.] l Then read the Verdict & say Gentlemen this is yor Verdict, vpon wch you are all agreed, vpon their saying yes Call that the Prisoner bee taken from the barre & secured.
Endorsed:
No 15
Forme of Tryall Long Finne. 1669 Deer 6t.h
A list of the inhabitants that was Confederets
with the long ffin and had the marke (HYSL) and their ffines
gilders
John Stolcup 1500
Jens Vstas 0830
Henerick: Coalman 0930
Olla ffrancis 1500
John Powles 0150
Andries Johnson 0050
Hans Petterson oioo
Neals Nealson 0300
Mathias Nealson oioo
Charles Johnson 0300
Mons Powson. ... 300 ^SU Henerick Anderson 200 Lawsa Eskelson . . 050 Simon Johnson. . . 100 Erick Vrianson . . . 200 Mathias Bartleson. 100
Erike Matson 200
Lawsa Wolson 100
Lawsa Corneleson . 100 John Matson 150
Original mutilated.
Province of New York
xi
Col. MSS. (NYSL) Hans Wolason . . . oioo
1669
Evertt the ffin .... 300 Andries: Andrieson 050 Paules Lawrson. i[oo] Mathias Matson Marcus Laurson
100
050
2100
[gilders] . oioo
Hans Hoofman 0300
December John Henerics „ 0300
Paules Lawrson oioo
Olla Torsa oioo ^
Henerick Nealson oioo 1
Laurans Carolus minister. 0600 f Marge rett Matson widdow. oiooJ
John Peterson oioo ^
Bartle Parker oioo L
Samuell Peterson 0050 J
7710 Endorsed:
A List of Delinquents] with the Long ffin Decr. 1669.'
A liste of the fines about the Rebellion of the Long Finne.
Col. MSS. 20:6
(NYSL)
1669 December
Guild?
Evert Hendricksen 300
Mat Bertelsen 100
Simon Jansen 100
Las Oleson 100
Erick Ericksen 100
Jan Matse 150
Samuell Pietersen 50
Las Eskell 50
Erick Matsen 200
Bertie Hendricksen 100
Hendrick Anderson . . 200
sew'
The date was inserted by Secretary Nicolls.
1450
[55] Collateral and Illustrative Documents 319
[Guild? sew'] COI.MS&
L J 20 : 6
Mons Paulsen 300 (HYSL)
Las Cornelissen 150
J 1669
Andries Andriesen 50 December
Paul Larsen 100
Jan Stalcop 1500
Olle Fransen 2000
Dirck Jansen 100
Hendrick Colman 930
Matijs Matsen 100
Hans Pietersen * 100
Paul Jansens Vrow 100
5430
Neils Nielsen 300
Hendrick Nielsen 100
Mat Nielsen 100
Olle Oelsen 100
Paul Larsen 100
Carel Jansen 300
Mons Jansen 100
Carel Monsen 100
Hans Hopman 300
Juns Junstersen 1500
3000
G: Sew*
Heer Lars 800
Another Hans Pietersen 100
Jan Paulsen 100
Andries Junsen IOO
Jan Hendrickse of Marcus Kill 300
Marcus 50
1450
320 Province of New York [£•
COI.MSS. [Guildrs sew*]
20:6 _ L J
(NYSL) Besides this sume every one or 3000
the greatest ^t paid to the 5430
December Stebo1 — 14 G. & some 28. G. 1450
H330
Transcribed & Examined by
mee at Newcastle. May ii**? 1675.
Matthias Nicolls. Seer. Endorsed:
List of the Fines about the Long Finne. DecT 1669.
Col. MSS. Charges about the long ffin
(HYSL)
To John Henery 864
Michaell Baroon 2454
Neals Matsa 0607
John Harmons O235
Gisbert Dericks 1 107
Barnard the Smith 01 10
Albert Johnson 0115
Mathias Conradus 0200
Neals Lawsa oioo
Fetter Alricks oioo
Mr Tom 0650
Endorsed: 6542 A list of Charges about the long ffin
» This was a messenger of the court
[£•] Collateral and Illustrative Documents 321
[Prisoners deported at Newcastle.]
(NYSL)
H[an]s Block 27 135
25 5 Dec. 13
Jur[ie]n Janse 135 675
54
Matijs Eschelsen 675 135
50
Ha[ns] Pietersen 85
Andres Matsen
More. 1 6. The Domini l Harmen Reyners Neals Lawson & 3. more
Recd 50 scheple of wheat of C. Carre,2 there is due — 85 scheple.
Dec? 13. 1669. On reverse:
The 2 schippers haue rec^ on board with each prisoner a bed, blancket pr of bilboes & Lock.
1 The reference is apparently to Laurans Carolus, the minister to the Swedes. * Captain Carr
[21]
322 Province of New York [xi]
c; ^ [Memorandum]
(NYSL)
January 26^ 1669.
1669/70 This day ye Long ffinne called Marcus Jacobsen was by warr* put on board M? Cosseaus Ship called ye Fort Albany to be Transported & Sould at y6 Barbadoes according to y6 Sentence of Court at Delaware for his attempting rebellion, He had beene a Prisoner in ye State house ever since y6 20^ day of Decemb? last.
An Ord? for ye Transportation of ye Long (NYSL) Finne to Barbadoes.
1669/70 Whereas Marcus Jacobs comonly called ye Long Finne, hauing for some great misdemeanor forfeited his liberty & life if ye strictnesse of ye Law had beene put in Execution but through ye Clemency & fauour of the Governor & Coun- cell had sentence onely to receiue some Corporall punish m* & also to be transported & sould into some of ye Remoter Plantations from ye place where he committed ye Fact, These are to Impower yo" when yo" shall haue brought ye said Marcus Jacobs als ye Long Finne to y6 Barbadoes, That you cause him to be sould for a Servant to ye best advantage for ye space of Fower yeares or ye usuall tyme servants are there sould at, & that yoH make retorne of the produce to this Porte, deducting ye charges of his passage, & othr necessary Expences about him And for so doing this shall be yo? warr* Given undr my hand at Fort James in New Yorke this 28^ day of January 1669.
[Francis Lovelace.]
[xfi] Collateral and Illustrative Documents 323
No. XII. DELAWARE — RAPE BY AN INDIAN.
The Gouerno1? Lre to Cape Carre. 2C; Av
(NYSL)
I haue red yo? Lre of.ye 25^ of September by Hendrick de Loper1 wherein yo" giue me y6 relation of a foule fact Oct. 19 comitted by y6 Indian upon ye body of Xpian Womans what yo" & y6 rest of y* Comr.s haue done in prosecution of him & sentencing him to death I doe very well approue of but I am informed he is since broken out of prison if so lett him be lookt after & y6 Sachem und? whome he is to [sic for so] that he may be surrendred; & Justice Executed upon him As to ye long ffinne who attempted his Escape likewise lett him be kept safe a little longer untill I send some Com1? from hence to Examyne into ye whole matter wc* shall be wthin a month but I would not haue ye ordinary people who he drew in be too much frighted, since I haue thought fitt to Excuse them by a peneary mulct to be imposed upon them as they shall appeare more or lesse Guilty This is all at prsent to recomend to yo? being
Yo? Loving freind
Fr: Louelace. Fort James ig^ Octob? 1669.
'For a note and references to Hendrick Droogestraet alias Hendrick de Loper, see p. 162, supra.
324
Province of New York
Dffid
No. XIII. DELAWARE — CASE OF WILLIAM DOUGLAS.
C.A.
2:470
(NYSL)
1669/70 Feb. 25
[Memorandum] Febr.y 25*? 1669.
This Day was Wittm Douglas releast from out of y6 prison in y6 State house, where he had beene Comitted for misdemeanor at y6 Hoar-kill ever since y6 20^ of Decemb- last, He was sent into ye North, hauing giuen security by his bond not to retorne into this Governm*
C. A. The Governor Lre to Delaware.
(NYSL) Loving Freinds
I haue beene Informed of ye seuerall miscarriages of Wittm
Feb. 26 Douglas in yo? partes & of your care to prevent his doeing any further mischeife by carrying him a Prison? to Delaware from thence he hath beene remitted hith? where he hath continued a Prison? untill yesterday, he is sent away to y6 Eastward w1!1 Caution not to retorne into this Governm* or amongst yo", I do well approue of what yo" did about him, If any such person shall hereaft? prsume to disturbe yo" or to breake his Ma*?8 peace there, I haue sent a Cofnission Empowring some of yo" to suppresse them & do recoiriend to yoH to follow ye directions sent yoH therein & in my Letter
w6!1 is all at prsent from
Yor very Loving freind
[Francis Lovelace.] Fort James in N. Yorke 26th Febrx 1669.
Collateral and Illustrative Documents 325
[Memorandum] C. A<
(ITYSL) Feb1? 28^ 1669.
There was a Comission & Lre of Instruction in Dutch 1669/70 undr y6 Governo" hand & seale this day sent to ye Hoare Kill by Peter Alricks Ketch for y6 Persons hereund? men coned
Hermans Fredericksen — to be Schout.
Sander Malsen
Otto Walgast ^ To be Comissaryes
Wiltm Claesen
They are to keep good Orders there for his Roy1.1 High- ness, & to trye all matters of difference und? 10? amongst themselues, for what shall be aboue they are to apply them- selues to New Yorke, & so for all Cryminalls.
Warr* for ye clapping of Wm Douglas $. E- in Prison. (ITYSL)
These are in his Ma*.65 name to require you to take into yor Custody y6 Body of Wm Douglas brought hither a Prisoner from New Castle in Delaware in the Sloope of John Schouten, hee having been formerly banisht out of this Governm* for great Misdemeanours; & that you him safely keep in Custody without Bayle or Main-prize untill you shall receive farther Order concerning the same; And for soe doeing this shall bee yoT. Warrant. Given under my hand &c: this i6th day if Decemb? 1672.
[Francis Lovelace.] Mr Allard Anthony Sheriffe
of this City or his Deputy.
326
Province of New York
No. XIV. NEWTOWN — CASE OF ABRAHAM FROST
C. A.
2:487
(HYSL)
1670 Apr. i
An Ord? for suspending ye Execution agfc y6 Estate of Abraham ffrost.
Whereas Complaint hath beene made unto me by Abraham ffrost of New Towne who hath had Execution served upon his Estate for Two sumes of money ye one obteyned ag* him by Judgment at ye suite of William Osburne & ye oth? of John ffirman, ye w0!1 he alleadges was done by misin- formation of ye Co*s & want of Evidence, wcJ* he now hath & ye said ffrost declaring his poore Condition & ruin if he shall be forced to pay ye said sumes & offering good security to stand to ye Judgment of anoth? Court I haue by & w^ y® ad vice of my Councell thought fitt to ord? & declare & by theise prsents do ord? & declare, that ye Executions served do stand good, but sale of ye Estate or disposall of ye goods, is to be suspended upon his giving good security to y6 high Sheriffe or his Deputye that noe parte of ye said Estate or Goods shall be Imbezel'd untill ye Pet? hath had a Tryail at Law against ye said William Osborne & John ffirman w0!1 is to be at the next Court of Sessions when if it shall appeare that they obteyned their Judgm* of Court & Execu- tion thereupon by misinformation, Then ye said Abraham ffrost & his Estate shall be released from ye Executions, but if it shall happen to be otherwise all new as well as y6 old charges are to be borne by ye said ffrost for ye w0!1 ye security is to engage Giuen und? my hand this first day of April!
1670.
[Francis Lovelace.]
fNo.1
LxvJ
Collateral and Illustrative Documents
327
No. XV.
CONTROVERSY BETWEEN NICASIUS DE SILLE
AND CATHARINA, HIS WIFE, ABOUT THEIR
ESTATES.
An Ord? for M? Steenwick Mayo? to c. A. indeauo? a Composure of the difference (NYSL) betweene Nicasius de Sille & his wife.
Upon a Petition & request to me made by Nicasius de 1669/70 Sille that a certaine matter in difference betweene him & his wife concerning y6 sale of a house or oth? businesses relating to their Estate, may be referred to some indifferent persons as Com" to Examyne into & adjudge ye case betweenes them I doe hereby recomend it to M? Cornelijs Steenwick Mayo? of this City to endeauour a Composure in wc.h if hee succeed not that he nominate & appoint foure or fiue good & discreet men of this place to be Comr.s to heare & Examyne into what shall be alleadged on both partes & to giue their Judgm^ & determynation thereupon of wc.h they are to rend? me an Account, Given und? my hand at ffort James in New Yorke this 8^ day of March in y* 22*.h yeare of his Mau?8 Raigne Annoqp Domini 1669. [Francis Lovelace.]
An Ord? for Composing ye Difference between Nicasius de Sille & Katharina his wife.
Whereas Complaint was made unto me of a certaine matter in difference betweene Nicasius de Sille & Katharina his wife, ye w0!1 I thought good to referr ye hearing & Exam- ination of, unto M? Cornelijs Steenwick Mayo? of this Citty
C. A.
2:488
(NYSL,
1670 Apr. i
328 Province of New York [xv]
2' 88 to enc^eavour a Composure in wc.h if he succeeded not to (NYSL) appoint some able & discreet persons to doe ye same, The wch having beene done & a result of their opinion thereupon Apr. i retorned unto me und? their hands, upon perusall thereof I haue thought fitt by & w^ ye advice of my Councell to ord? & appoint & by theise prsents do ord? & appoint, that ye same Commission1? nominated & appointed by M? Mayo' do wthin 15. days aft? ye date hereof take an Account of ye Debts both of ye husband & wife wcl* they are to Deliuer in upon their Oaths (wc.h Oath they are hereby Empowred to giue,) To ye End a better Estimate may be made of ye re- mayning parte of ye Estate wc.h shall then be taken into Consideration how it shall be disposed of according to Equity & good Conscience Given und? my hand at ffbrt James in New Yorke this Is* day of Aprill 1670.
[Francis Lovelace.]
c; A- A Confirmacon of ye Report & proceedings
(NYSL) of ye Comr.s in ye Cause betweene Nicasius
de Sille & his wife
Whereas upon my last Ord? to M' Cornelijs van Ruyven, M? OlofFe Stevens van Cortlandt M? Paulus Leendertse, M' Johannes van Brugh & M? Johannes de Piester Commis- sion1? appointed to Examyne into ye matters in difference betweene Nicasius de Sille & Katherina his wife & to re- ceiue an Account of ye debility of ye husband & wife The wc^ accordingly they haue done, as also of ye Estate in their hands or belonging to them both reall & personall who suc- ceeding not in their endeavours of a Composure betweene them ye wc!* I first recomended haue represented a very just & equitable way of satisfying their debts & to make an equall division of ye remayning parte of ye Estate betweene
Collateral and Illustrative Documents 329
them as in ye Reporte und? their hands is more perticulerly c- A- sett forth Upon mature deliberation & consideration of ye (NYSL) prmisses I doe hereby declare, That I doe very well approve of ye proceedings & result of ye said Com" who seeme to Apr. 21 haue Acted herein wih. much integrity & wthout partiality, And therefore according to their Judgment & result I doe ord? in ye first place that ye farme Cattle houses Lotts & appurtenances belonging to ye said Nicasius de Sille at New Utrecht be first exposed to sale by publique Outcry either at Midwout or some other Convenient place upon Long Island of w0!1 the neighbouring Townes are to haue Eight dayes notice at least Aft? wc.h I doe likewise recomend & Ord? the observance of the remayning parte of ye said Comr.s result, To wch end & that ye proceedings thereupon may y6 more regularly & w^ greatest indifFerency be prosecuted, I referr it to ye said Nicasius de Sille to appoint one good person in trust to look aft? his concerns in this matter, & to Katherine his wife to take anoth? who are to acte indif- ferently betweene them, & to ye best of their advantage, The w0!1 if ye husband & wife or eith? of them shall neglect to doe wthin Eight dayes aft? ye date hereof, It shall be recoiriended to some oth? persons to do ye same that at length conclusion may be put to this troublesome affaire Given und? my hand & scale this 2 Ith day of Ap rill in ye 22t.h yeare of his MatJ.es Raigne Annoqp Dm 1670.
[Francis Lovelace.]
A Comission graunted to Nicasius de Sille C. A. to be Publique Notary for ye. Towne of (NYSL) Flatt bush. &c.
Francis Lovelace Esq? &c Whereas it is thought Con- 1670 venient that there should be a sworne Publique notary in
33° Province of New York [iv]
c- A- some one of ye Dutch Townes upon Long Island, where (NYSL) he may be usefull to ye Inhabitants in Genr.n & M? Nicasius i6 o de Sille hauing an Intent to resyde in ye Towne of Midwout Apr. 25 alias Flatt bush where he desires to officiate and Exercise that office, And having conceiued a good opinion of ye Capacity & fittnes of ye said Nicasius de Sille, I haue thought fitt to nominate & appoint & by this my prsent Comission do nominate constitute & appoint him ye said Nicasius de Sille to be publique notary for ye Towne of Mydwout alias Flatt bush & places adjacent, By vertue of wc.h Comission he hath power to attest any Deeds Instrum^ Wills Testam1? Codicills Contracts Covenants or any oth? Acte or Acts as Publique Notaryes haue usually power to doe as also to take & receiue such priuiledges & advantages as to ye Office of a Publique Notarye doth any way belonge or appertayne, he taking ye Oath in ye Lawes appointed for ye due perfourmance of ye trust reposed in him, Given und? my hand & sealed wih. ye Scale of ye Province at Fort James in New Yorke this 25tl? day of Aprill in ye 22^ yeare of his Ma".63 Raigne Annocp Domini 1670.
[Francis Lovelace.]
C-A. The Governo1? approbation & Confirmation of
(NYSL) ye Choyce of psons nominated to Acte in the
businesse betweene Nicasius de Sille & Catherina
his wife.
1670 Whereas in my last ord? of ye 21th of this prsent month in ye matter in difference betweene Nicasius de Sille & Catherina his wife it was recomended to ye said persons each of them to appoint one good man in trust to look aft? their Concernes in ye sale of their Lands or goods & disposal! thereof as in ye said ordT is more pticulerly sett forth, & ye said Nicasius
Collateral and Illustrative Documents 331
de Sille hauing giuen in to me und? his hand that he doth c; A- appoint Isaack Greveratt to Acte in Trust for him, & ye (N*YSL) said Katherina having likewise nominated Paulus Leendertse van der Grift to acte in her Concernes, I doe very well approue Apr. 25 of their Choyce & ye said persons so nominated & approved of as aforesaid are hereby appointed & impowred to Acte according to my former ord? in prosecution of what hath beene done by ye Com1? whose directions und? their hands they are to obserue to ye utmost of their power & for their acting herein this shall be to them a sufficient warrant. Given und? my hand at Fort James in New Yorke this 25^ day of Aprill 1670.
[Francis Lovelace.]
No. XVI.
DIVORCE CASE OF REBECCA LEVERIDGE
AGAINST ELEAZAR LEVERIDGE, OF HUNT-
INGTON, LONG ISLAND.
The Governor Lre to M? Wood. C- A.
(NYSL)
M? Wood 1
I haue rec*? a Peticon from Rebecka ye wife of Eleazer 1669/70 Leveredg of yo? Towne by ye hands of her father Nicholas Wright of wc.h I herew*.11 send you. a Copy The occasion thereof being well knowne to yo" (as I am informed) I shall desire yo" to Acquaint me in wryting what hath already past concerning this matter in difference betweene ye husband & wife w*!1 what yo" can make further Inquiry of touching y*
1 Jonas Wood.
332
Province of New York
c; A- same, & retorne me a speedy Ace* thereof Togeth? yor ^NYSL) Opinion of ye whole Case Whereupon I shall endeauo? to
I 'J l
proceed in decision of ye matter according to Law & good Mar. 9 Conscience, This is all at prsent from
Yor very Loving freind
Fran Louelace Fort James in New Yorke March 9^ 1669.
C. A.
2:486
(NYSL)
1670 Apr. i
An Ord? for ye hearing ye matter in difference betweene Eleazer Leveridg of Huntington & his wife Rebecka at a Speciall Court to be houlden in this Citty.
Whereas Nicholas Wright of Oyster bay hath on ye behalfe of Rebeckah his daught? wife of Eleazer Leveridg of Hunt- ington made Complaint unto me of ye uncomfortable con- dition wherein his said Daughter hath for diuers yeares past liued w*h her said husband & there haueing beene formerly seuerall Complaints made both on ye parte of ye Relations of ye husband as well as those of ye wife suggesting some notorious fault or impediment on ye one syde or ye other wc^ hitherto hath not beene fully or clearely made appeare, so that their mutuall discords & differences doe still continue, To ye end a faire Composure of ye same may be effected or some other Lawfull course taken therein, I haue by & wth ye advice & consent of my Councell thought fitt to ord? & appoint & by theise prsents do ord? & appoint that Eleazer Leveridg & Rebeckah his wife doe appeare here in this Citty upon Wednesday ye fourth day of May next before a speciall Court then appointed to Examyne into & determyne ye matter in difference betweene them, & all persons con- cerned, or that can giue in evidence on either parte are
[Ivi] Collateral and Illustrative Documents 333
likewise hereby required to make their appearance before c- A. ye said Court for ye better clearing of y6 truth, so that ye (NYSL) controversy may be decided according to Law & good con- science, Giuen und? my hand at ffort James in New Yorke Apr. i this Is? day of Aprill 1670. [Francis Lovelace.]
To all Persons whome this may Concerne.
A Comission graunted to M? Thomas c- A'
2: 522
Lovelace & othr.s to inquire into ye matt' (NYSL) betweene Eleazer Leveredg & Rebecka his wife.
Whereas Complaint hath beene made unto me by Nicholas 1670 Wright on ye behalfe of Rebeckah his Daught? agt Eleazer Leveredg her husband & also by ye said Rebeckah against him ye said Eleazer that hauing beene joyned in matrimonye for ye space of seauen yeares & a halfe or thereabouts he y6 said husband hath not perfourmed Conjugall Rights unto his wife, but on ye contrary hath caused her to lead a very uncomfortable life w*.h him, And the said ffather & daughtf upon supposition of Impotency & insufficiency in ye said Eleazer Leveridg hauing sued for a divorce, the hearing & Examinacon into wc.h matt? I do not judg meet should come before a publique Court, I haue therefore thought fitt to nominate & appoint & by theise prsents do hereby nominate & appoint yo" Thomas Lovelace Esq? MT. Samuell Maverick Mr Matthias Nicolls Cape John Manning & Mr Humphrey Davenport to be Com1? to meet at some Convenient place this afternoon then & there to heare & Examyn into this matter in difference betweene ye said Eleazer Leveredg & Rebeckah his wife, To w^ end yo? are to call both ye partyes before yo? or whosoever else can Giue Evidence or Testi-
334 Province of New York
2^522 nionye in ye matter To whome yo" may administer an Oath
(NYSL) for ye bett? clearing of ye truth wcl? Oath yo? are hereby
Empowred to giue as also to Employ any oth? person or per-
May 6 sons skilfull in such matters to make inquiry into ye defect
& impediments alleadged whereupon you are to giue yo?
Judgm1? & rend' me an Account thereof that I may make
some finall determination thereupon Given und? my hand
& scale this 6t.h day of May in ye 22^ yeare of his Mat!?s
Raigne Annoqp Domini 1670. [Francis Lovelace.]
2:^9 The Governo1? Instructions to ye Com1?
(NYSL) appointed to inquire into ye matt?
betweene Eliezer Leveridg & Rebecka
his wife.
1670 Whereas a certaine Petition was prsented to me from
May 6
Rebecka Leveredg wife to Eliazer Leveredg of Huntington
Complayning that she being his reputed wife for ye space of seaven yeares & a halfe, hath in all that tyme receiued no due benevolence from ye said Eleazer according to ye true intention of matrimony The great end of wc.h is not onely to Extinguish those Fleshly desires & appetites incident to humane nature but likewise for ye well ordering & confirma- con of the Right of meum & tuum to be devolved upon ye Posterity lawfully begotten betwixt man & wife according to ye Lawes of ye Land & practise of all Christian Nations in that Case provided, I haue therefore thought fitt (for some reasons me thereunto moving) not to Assume ye Examynacon of ye Case of Impotence into my hand but referr ye debate of that to such persons as by a Coinission und? my hand & scale I shall authorise fully to heare that matter & to make a Report thereof to me who thereupon will giue in my determynation as the Justice of ye Cause
Collateral and Illustrative Documents 335
shall meritt, And for ye future Execution of ye said Com0? c- A-
2: 519
I giue theise further directions. (NYSL)
First in regard ye prayer of ye Petition implyes a divorce (for ye reasons alleadged therein) you are principally to May 6 inquire wheth? they are man & wife according to ye Lawes & practise of that Governm* that was Establis'ht over them. Secondly if it shall appeare to yo" to ye contrary that then ye partyes be bound ouer ye next Sessions, there to answer their Contempt & breach of ye Law.
But if it shall appeare'before yo" that they were lawfully Espoused to each oth^ according to the Law in that Case provided that then yo" enter into ye debate & determination of ye insufficiency alleadged by Rebeckah Leveredg wife to Eleazer her reputed husband as is alleadged in the Petition concerning his sufficiency for procreation ye true end of matrimony to ye Accomplishing of wc.h yo" haue by yo? Comission ord^ to Convene a Councell of ye ablest Chirur- gions or other knowing persons in such case for ye Exaiacon of Eleazer Leveredg his sufficiency for procreation or ye defici- ency of Rebecka Leveridg ye reputed wife of Eleazer by authorising such graue & skilfull Matrons to Examyn into ye Sufficiency or defect of hir nature in Case any should appeare & to retorne you an Account thereof wc.h likewise yo'1 are to Transmitt to me togeth? w*.h your results & opinions of yo^ Judgments of ye whole matter c'omitted to yor. hearing according to yo? Comission & Instructions. May ye 6^ 1670. [Francis Lovelace.]
A Divorce graunted to Rebeckah C. A. Wright from Eleazer Leveridg. (NYSL)
Whereas Nicholas Wright of Oysterbay on y? behalfe of his Daughtf Rebeckah y? wife of Eleazer Leveridg, & ye.
22
336 Province of New York
2^ 607 sa^ Rebeckah for her selfe, did make their Complaint unto (NYSL) me against y? said Eleazer Leveridg her husband, That she o having beene his reputed wife for ye. space of Seaven yeares Oct. 22 & a halfe, She hath not in all that tyme Received any due benevolence from her said husband according to y? true Intention of Matrimonye, The greate end of wc.h is not onely to Extinguish those fleshly desires & appetites incident to Humane nature but likewise for y* well ordering & Confirma- tion of ye. Right of Meum & Tuum to be devolved upon the Posterity lawfully begotten betwixt man & wife according to ye Laws of y? Land & practise of all Christian Nations in that Case provided, & did therefore sue for a divorce, Where- upon having appointed Com1? to call both partyes before them & strictly to Examyne into ye. Affayre & to make report of their Judgment thereupon ye. wc.h after serious inquiry made by them w*!1 y? Advice of Chirurgions well skill' d & Sober Matrons who privily Examyned both ye. man & woman, they made Report of their Judgment & opinion, That y? defect was in y? husband & not in y? wife, And that there was sufficient ground for a divorce, All w0!1 being afterwards represented to my Councell & they having declared them- selues to agree in ye. Same opinion: For y* Reasons afore specified, y<r prtended marriage betweene y* said Eleazer Leveridg & Rebeckah Wright is hereby adjudged & declared to be void null & invalid, Togeth? w^ all y* Consequences thereof, & y? said Rebeccah Wright is hereby acquitted made free & divorced from all prtences of marriage or Matrimo- niall Tyes & obligations betweene her & y? said Eleazer & ye cca? said Rebh hath likewise free libertye to dispose of her selfe in Lawfull marriage w*.h any oth? ^son as if y^tyes & Obligations betweene y^ said Eleazer & her had never beene. Given und? my hand & Sealed w^ y? Scale of y? Province this 22^ day of October in y? 22^ yeare of his Ma11.63 Raigne Annocp Domini 1670.
[Francis Lovelace.]
rNo. 1 LxviiJ
Collateral and Illustrative Documents
337
No. XVII.
STATEN ISLAND — FINAL PURCHASE OF ISLAND FROM INDIANS IN 1670.
The Governor.s Lett?
Gent
C.A.
2:468
(NYSL)
Having Rec^ a Complaint against yo? neighbour Indians 1669/70 from M? Stillweli & Nathan Whitmore on ye behalfe of ye Inhabitants in Genr.n of yor- Towne & likewise heard & debated what they had to say as to your Jealousyes & feares of ye Indians Insolencyes & threatnings grounded upon their prtences that ye Land there hath not beene paid for, & that your Horses Hoggs or Cattle haue done them damage in their Corne I haue thought good to retorne yo" this in answer That in ye first place yo" send to them & treate w^ those concerned in a freindly way touching ye purchase of soe much of that Island as hath not beene already bought & payd for ye wc.h can be proued to haue beene perfourmed in parte notw^standing their denyall, & that yo" do it as for yo'selues, & at as easy a rate as possible, ye wc.h will turne to yoT. owne perticuler advantage, & hauing so done that yo" cause ye same to be remitted to me for a Confirma- tion, & whether you shall be admitted purchasers or that I shall comply w^ yor. Agreem* & buy it for his Royal! High- ness, It shall be still for yor. good & benefitt, I shall onely expect ye prference in ye purchase on ye Dukes behalfe, As to their threatnings yo" ought not to shew ye Least appre- hension of feare of them, But it is yor. parte to haue a Vigilant Eye over their Actions & Motions, & that yoH cause a Guard to be kept in ye Towne for yor. defence against any suddaine mischeife from them, ye wch as there shall be occasion & I [22]
338
Province of New York
[xvij
C. A. 2:468
(NYSL)
1669/70 Feb. 16
haue notice thereof shall be strengthned w^ a supply of a partye of Souldiers & an Officer from hence capable to offend them as well as to defend yo?. That upon discourse of ye damage they prtend to haue rec<? by yoT horses Cattle or hoggs yo" may shew to them ye great difficulty of preuent- ing it as long as their Corne lyes unfen'ct & ye greate charge it will be to fence in their ground as it lyes in ye midst of yc woods but if they could pitch upon some Neck of Land fitt for that purpose w^ may w*.h more ease be fen'ct in, that yo" will be ready to assist them in setting of it up unless they'l agree upon Termes to leaue ye Island wholly — If yo" can proue that they haue kill'd or destroyed any of yoT. horses Cattle or Hoggs yo^ may acquaint them that ye English Law will Constrayne them to make satisfaction for them, & that it is no Trespasse for them to come upon any ground unfenc't, but lett your discourse tend to a friendly composure of all differences.
In Conclusion yo" may acquaint them, that my resolution is to be upon ye Island in ye spring, when if they haue any thing extraordinary to propose or Complaint to make, I shall be ready to ord? all due satisfaction to be giuen therein & will endeauo? to remoue all future Occasions of difference betweene yoH & them. This is all at prsent, I haue to Recoiri- end to yo" so conclude being
Yo? Very Loving freind Febr? 16^ 1669. Fran: Louelace
(NYSL)
1670 Apr. 13 and 15
[Indian Deed of Staten Island, 1670.]
This Indenture made the Thirteenth Day of Aprill in the 22^ yeare of the Raigne of o? Soveraigne Lord Charles the Second by the Grace of God of England Scotland, ffrance &
1 Formerly in Land Papers, vol. I, p. 34, office of Secretary of State.
Collateral and Illustrative Documents 339
Ireland Kinge Defend? of the Faith &c & in th[e] yeare of -(HYSL)
our Lord God 1670, Between y8 Rt Honbl.e Francis Lovelace l6?|)
Esqr Governor Genr!] und? his Royall Highness James Duke
of York & Albany &c Of all his Territoryes in America
for & on ye behalfe of his said Royall Highness on ye one
parte and Aquepo, Warrines, Minqua-Sachemack, Peman-
towes Quewequeen, Wewanecameck, and Mataris, on ye
behalfe of themsel[ves] as the True Sachems Owners & law-
full Indian Proprietors of Staten Island & of all oth? Indians
any way concerned therei[n] on ye other parte Witnesseth,
That for & in consideration of a certaine sume of Wampom &
divers other goods, wc.h in th[e] Schedule hereunto annext
are Exprest, unto ye said Sachems in hand paid by the said
Governor ffrancis Lovelace or his Order, The receipt whereof
they ye said Sachems Doe hereby Acknowledg, & to be fully
satisfied, & thereof & every parte thereof Doe for them-
selues & all others concerned their heires and Successors
& every of them clearly acquitt and discharge the said
Governour & his Successors Have given graunted bargained
& sould, & by theise prsents Doe fully & absolutely give
graunt bargaine & sell untoy6 said ffrancis Lovelace Gover-
nour for & on ye behalfe of his Royall High[?] aforementioned
All that Island lyeing & being in Hudsons Ryver, comonly
called Staten Island & by ye Indian[s] Aquehonga Manack-
nong — having on ye South ye Bay & Sandy point, on ye
North ye Ryver & ye Citty of New Yorke on Manh[a]tans
Island, on ye East Long Island, & on ye west ye maine Land
of After Coll, or New- Jersey, Togeth? w^ all ye Lands
soy[les] meadowes fresh & salt pastures Comons wood land
Marshes Ryvers Ryvoletts streames Creeks waters Lakes &
whatsoever to ye said Island is belonging or any way apper-
teyning, & all & singuler oth? ye prmisses wth th'appur-
tenance[s] & everye parte & parcell thereof, wthout any
340 Province of New York
(NYSL) reservation of ye herbage or Trees or any other thinge grow- 1670 m& or being thereupon] And the said Sachems for them- *3 selues & all others concerned their heires & successor Doe
15
Covenant to & w*.h ye said Governor & his successor for & on ye behalfe aforesaid in manner & forme following, That is to say That they ye said Sachems now are ye very True sole & Lawfull Indian Owners of the said Island & all & singuler of ye prmisses, as being derived [to] them by their Auncestors, & that now at th'ensealing & delivery of theise prsents they are lawfully seized thereof [to] ye use of them- selues their heires & Assignes for ever according to ye use & Custome of ye rest of ye Native Indians of the Country, And further That ye said Island now is & at ye tyme of Executing of ye said Estate to be made as aforesaid shall be & from tyme to tyme & at all tymes hereafter shall & may stand remaine and continue unto ye said Governor & his successors to ye use of his Royall Highness as aforesaid, free & [c]learly discharged & Acquitted from all & every former bargaines sales guifts Graunts & Incumbrances whatsoever And furthermore the said Sachems for them- selues and all others concerned their heires & Successors Doe Covenant That ye said Governor his successor & Assignes for & on ye behalfe of his Royall Highness as afore- said shall & may from henceforth forever Lawfully peace- ably & quietly haue hould possesse & Enjoy all the said Island vr^ th'appurtenances & all & every othT ye prmisses w^ their appurtenances wthout any Lett resistance Dis- turbance or interuption of the said Sachems or any others concerned their heires & successor & wthout any manner of Lawfull Lett resistance molestation or interuption of any other person or persons whatsoever Clayming by from or under them or any of them And It is likewise Lastly Cov- enanted & agreed That ye said Sachems & ye rest of the
Between pp. 340 and 341.
Q W
w
Q
HH O
H S3
CJ
O
.
.
n
<0
K. cq>
I H ^
ON wo
g
P O
w w
o
[xvii] Collateral and Illustrative Documents 341
Indians concerned wfc.h them now Inhabiting or residing upon
ye said Island shall haue Free leaue & Liberty to be & l6
remaine thereupon untill ye First Day of May next, when APr-
i f and
they are to surrend' the possession thereof unto such person
or persons as ye Governor shall please to appoint to see ye same put in Execution upon wch day They are all to Trans- porte themselues to some other place & to resigne any Interest or Clay me thereunto or to any parte thereof for- ever To haue & to hould ye said Island so bargained & sould as aforementioned unto ye said Francis Lovelace Governor & his successors for & on ye behalfe of his Royall Highness his heires & Assignes unto ye proper use & behoof of his said Royall Highness his heires & Assignes for ever. In witness whereof ye Partyes to theise prsent Indentures haue Interchangably sett to their hands & seales the day and yeare first herein wrytten
Sealed & Deliuered in ye prsence of
The marke of Cornf Steenwijck, Maijor X [Seal]
Aquepo Tho. Louelace The marke of Aquepo
X [Seal\
Matthias Nicolls on the behalfe of
Warrenes C V Ruijven The marke of Wawanecameck
X Oloff Stevens Vn Cortlant on the behalfe of [Seal]
Minqua Sachemack Allard Anthonij The marke of Aquepo
X
Johannes vanbrugh on the behalfe of [Seal]
Pemantowes
342
Province of New York
[xvii]
<NYSL) Gerret van Tricht The marke of
1670 X [Seal]
| I Bedloo Quewequeen
The marke of
Warn. Wessels Constab X [Seal]
Wawanecameck The marke of
X [S*al\
Mataris William Nicolls >|
Humphrey dauenport xr ,
n r D ji f4 Youths.
Cornells Bedloo
nicholaes Anthonij J
Memorand. That the young Indyans not being present at the Ensealing & delive[ry] of the within written deed, it was again delivered & acknowledged before them wfhose] names are here under written as witnesses.]
Aprill the 15*5. 1670.
Signed in presence of The Governor Capt? Manning The Secretary.
The marke of X about 5 yeares old
Pewowahone. a boy.
The marke of X Rok[o]que[s] about 6 yeares old a Girle. The marke of X Shinginnerno. about 12 yeares old a Girle. The marke of X Kanarehanse about 12 yeares old a Girle. The marke of X Maquadus about 15 yeares old, a young man. The marke of X Asheharewas about 20 yeares old a young man.
r NO. i LxviiJ
Collateral and Illustrative Documents
343
A ffirkin of Powder Sixty Barres of Lead Thirty Axes Thirty Howes & Fifty Knives
7 8
9 10 ii
The Payment Agreed upon for ye Purchase of Staten- Island Conveyed this Day by ye Indian Sachems Proprieto" (vizt)
1 Fower hundred Fathom
of Wampom
2 Thirty Match Coates
3 Eight Coats of Dozens
made up
4 Thirty Shirts
5 Thirty Kettles
6 Twenty Gunnes
Memorandum It is Covenanted & Agr[eed upon by & betweene ye] within mentioned Francis Lovelace Esq? Gov- er[nor] &c for & in ye behalfe of his Royall Highns.s & ye wthin wrytten Sache[m]s on ye behalfe of themselues & all othr? concerned before th'ensealing & delivery hereof That Two or Three of ye said Sachems their heires or successors or so many Persons Imployed by them shall once every yeare (vizt) upon ye First day of May yearely after their surrend? repair to this ffort to acknowledge their Sale of the said Staten Island to ye Governour or his Successors to continue a mutuall freindship betweene them As witness their hands.
The mark of X Aquepo [The] marke of X Aquepo
on the behalfe of
The mark of
X
Wewanacamec[k]
on ye behalfe of
Minqua Sachemack
The marke of X Aquepo
on behalfe of
Pemantowes
The
Warrines The marke of
X
Quewequeen The marke of
X
Wewanecameck marke of X Mataris.
1670
Apr. 13 and 15
344 Province of New York [xNvu]
Endorsed:
l670 Staten Island Deed of Purchase
from the Indians l Apr 1(3] 1670
Recorded ye Day & yeare wthin
wrytten by me [ Two seals]
Matthias Nicolls Seer
C. A.
2:518 (NYSL)
X67o A warrant for M? Thomas Lovelace &
May 2 M? Matthias Nicolls to take possion
of Staten Island.
These are to appoint yo^ M? Thomas Lovelace & M^ Matthias [Nicolls] to repayre this day to Staten Island there to take possession by Turfe & Twigge & ye surrend? of ye said Island by ye Indian Sachems & Proprietors in ye name of his Royall Highness according to ye Teno? of ye bill of Sale & Purchase, & for so doeing this shall be yo? warrant, Given und? my hand at ffort James in New Yorke this 2* day of May 1670.
[Francis Lovelace.]
•The signatures of those who witnessed this deed, as well as the marks of the principal Indians, are given in exact size of the original on the accompanying facsimile plates. It will be noticed that the signature of Governor Francis Lovelace is not there. This was an indenture deed and the governor put his signature on that one of the two deeds which went to the custody of the Indians, and which is now in the New York Historical Society.
Collateral and Illustrative Documents 345
No. XVIII.
THOMAS MAYHEW, JURISDICTION OF MARTHA'S
VINEYARD, NANTUCKET AND OTHER
ISLANDS, ETC.
[Deed to Thomas Mayhew, Sr., and others.] ee
fc 3 • 55
(Sec. State)
Recorded for Mr Tristram Coffin, & Mr Thomas Macy the day afore-written.1
These Presents doe Wittness That I Tames fforrett Gent.
J Oct. 13
who was sent over into these parts of America by ye Hon^le — ye Lord Sterling with a Commission for ye Ordering & Dis- ^7Ie posing of all ye Islands that lye between Cape-Cod & Hud- *"** 29 sons River, & hath hitherto continued his Agency without any Contradiction, doe hereby Grant unto Thomas Mayhew of Water-Towne Merch^ & to Thomas Mayhew his Sonn ffree Liberty & full power to them & their Associates to plant & Inhabitt upon Nantuckett, & two other small Islands adja- cent, & to enjoy ye said Islands to them & their Heyres, & Assignes forever. Provided That ye said Thomas Mayhew & Thomas Mayhew his Sonn or either of them or their Asso- ciates doe Render & give yearly unto ye HofH ye Lord Sterling his Heyres or Assignes such an Acknowledgm* as shall be thought fitt by John Winthrop Sen? Esq? or any two Magis- trates in ye Massachusets Bay, being chosen for that end & purpose by ye Hon*? ye Lord Sterling or his Deputyes; And by ye said Thomas Mayhew & Thomas Mayhew his Son & their Associates It is agreed That ye Governm* that ye said Thomas Mayhew, & Thomas Mayhew his Son &
1 This deed with slight and immaterial variations was recorded for Thomas Mayhew and Matthew Mayhew, July 16, 1671, in Deeds, vol. 3, pp. 64, 76.
346 Province of New York [xvm]
Deeds their Associates shall sett up their, shall bee such as is now 31 55 (Sec. State) Established in ye Massachusetts aforesaid; And that ye said
Thomas Mayhew & Thomas Mayhew his Sonn, & their
Oct. 13 Associates shall have as much Priveledge touching their
Recorded planting, Inhabiting, & Enjoying of all & every part of ye
TuneiQ Premisses as by Patent is granted to ye Patentees of ye
Massachusetts aforesaid & their Associates. In wittness
whereof I ye said James fforrett have hereunto Sett my
Hand & Seale ye 13th day of October, Sixteen hundred &
ffourty one. 1641.
James (Seale) fforrett. Signed, Sealed, & Delivered in ye prsence of us
Robert Corne Nichol: Davyson. Richard Stileman.
Here followes ye Records of Mr Mayhew' s Con- (Sec. State) cernes wth ye Governor; [That being ye Busyness
that happned to be next dispatcht.
Deeds Certaine Deeds and other Writeings Recorded 1
(Sec. State) for Mr Thomas Mayhew of Martins Vineyard
& Mr Matthew Mayhew his Grand-Childe, this i6th day of July 1671. as followeth. — Viz*
Another Deed made by James Forrett. (Sec. State)
1641 Whereas by Vertue of a Commission from ye Lord Sterling Oct> 23 James fforrett Gent hath granted Liberty & full power unto
1671 l ^e ^eec* fr°m James Ferret as agent for Lord Stirling, October 13, 1641,
July 16 recorded previously for Coffin and Macy, was again recorded on July 16, 1671, for the Mayhews, and hence is omitted here from the head of the above group (pp. 64-5).
:vin] Collateral and Illustrative Documents 347
Thomas Mayhew of Watertowne Merch* & Thomas Mayhew Deeds his Sonn & their Associates to Plant ye Island of Nantuckett (Sec. State) according to Articles in a Deed to that purpose expressed; Now fforasmuch as ye said Island hath not been yett well Oct. 23 Surveyed, whereby It may appeare, That comfortable Recorded Accomodacon for themselves & their Associates will there be found; This therefore shall serve to Testify that I ye said James fforrett by Vertue of my said Commission doe hereby Grant unto ye said Thomas Mayhew & Thomas Mayhew his Sonn, & their Associates as much Lyberty to Implant upon Martins Vineyard, & Elizabeth Islands as They have by vertue of ye Deed Granted unto them for Nantucket, as therein (plainly in all Considerations, both on ye Right Honble ye Lord Sterlings part, & on ye said Thomas Mayhew his Sonn & their Assocyates) doth appeare. And in witness hereof I ye said James Forrett have hereunto Sett my Hand this 23d day of OctobV Anno Dm 1641.
James Forrett Signed, Sealed, & Delivered in
ye prsence of us John X Daham
his marke. Garrett Church.
A Deed made to Mr Mayhew by Richard Vines. Deeds
3:66
I Richard Vines of Saco Gent. Steward Gen'1.1 for & fferdinando Gorges K* Lord Proprietor of ye Province of Oct. 25 Mayne Land, & ye Islands of Capawock & Nantican, doe Recorded by these prsents give full pow? & Authority unto Thomas Mayhew Gent, his Heyres & Associates to plant & Inhabitt upon ye Islands of Capawock als Martha's Vineya?d wth all Rights, & Priveledges thereunto belonging, to enjoy the Premisses to himselfe his Heyres & Associates forever.
348 Province of New York
Yielding & paying unto ye said Sr fFerdinando Gorges his State) Heyres & Assignes forever annually, as two Gent indiffer- j6 i ently by each of them chosen shall judge to bee meet by way Oct. 25 of Acknowledging Given under my Hand this 25th day of Recorded October 1641.
T '67' Rich? Vines.
July 10. ,TT.
Wittness
Thomas Page Rofct Long.
tyrant from Thomas Mayhew, Sr., and his Son, to Inhab- (Sec* State) itants of Martha's Vineyard.]
Decent 4*h 1646.
Dec4.64 This witnessed! that M? Mayhew ye Elder, & also Mr
— Mayhew ye younger have freely given to ye Men now inhab-
1671 iting on ye Island namely the Vineyard this Tract of Land following for a Townshipp: Namely all Tawanqua- tacks his Right, together wth all ye Land as farr as ye Easter- most Chap of Homses Hole, & also all ye Island called Chapa- quegick, wth full power to Dispose of all & every part of ye said Land as They see best for their own comfortable Accomodacon. The Line is to goe from Tequa-nomans Point to ye Eastermost Chap of Homses Hole. This I doe acknowledge to bee ye ffree Grant of myselfe & my Sonn, ye day & yeare above-written. Decem: 4?h 1646:
Per me Thorn: Mayhew
This abovewritten is a true Coppy taken out of ye Originall Grant by mee Thomas Dassett Clerke for ye Towne'Great Harbour on ye Vineyard. As Wittness my Hand, June io*h 1671.
Per Thorn: Dassett
Collateral and Illustrative Documents 349
[Deed of Nantucket to Tristram Coffin and Associates.] Deeds
o *5^
Recorded for Mr Coffin & Mr Macy * afores*? ye day & yeare aforesd
Bee it known unto all Men by these Presents That I Thomas Mayhew of Martins Vineyard Mercht doe hereby acknowledge That I have sould unto Tristram Coffin, ^71 Thomas May,1 Christoph? Hussey, Richard Swayne, Thomas <^une 29 Bernard, Peter Coffin, Steeven Green-leafe, John Swayne, & William Pyke, That Right, & Interest that I have in ye Land of Nantuckett by Patent; ye wch Right I bought of James fforrett Gent. & Steward to ye Lord Sterling, & of Richard Vines sometimes of Sacho Gent. Steward Gen?u unto S^ Georges Knight, as by Conveyances under their Hands & Scales doe Appeare; ffor them ye aforesaid to Injoy & their Heyres & Assignes forever, wth all the Priveledges thereunto belonging, ffbr & in Consideration of ye Sume of Thirty pounds of Currant pay, unto whomsoever I ye said Thomas Mayhew mine Heyres or Assignes shall appoint; And also two Beaver Hatts, one for my selfe, & one for my wife. And further This is to declare that I ye said Thomas Mayhew have received to my selfe that Neck upon Nan- tuckett called Masquetuck, or that Neck of Land called Nashayte, The Neck (but one) no[r]therly of Masquetuck, ye aforesaid Sale in anywise notwithstanding. And further I y? said Thomas Mayhew am to beare my parte of the Charge of ye said Purchase abovenamed, & to hold one 2O*h part of all Lands purchased already, or shall bee hereafter purchased upon ye said Island by ye afores^ Purchasf or Heyres & Assignes forever. Briefly It is thus, That I really sold all my Patent to ye aforesd nine Men, & they are to pay mee or whomsoever I shall appoint them ye Sume of Thirty pounds in good merchantable Pay in ye Massachusetts, undr
1 An error for Macyv
350 Province of New York
Deeds wch Governm' They now Inhabitt, & 2 BeavT Hatts, & I (Sec. State) am to beare a 2Oth part of ye Charge of ye Purchase, & to have a 2Oth part of all Lands & priveledges; And to have wch July 2 of ye Necks abovesd that I will my selfe paying for it; only Recorded ye Purchasrs are to pay what ye Sachem is to have for Mas- 9 <luetuck> although I have ye other Neck. And In wittness hereof I have hereunto sett my Hand & Scale this second day of July Sixteen hundred & ffifty nine 1659.
^P me Tho: Mayhew. Wittness
John Smyth. Edward Scale.
Deeds [Deed of Tuckanucket to the Coffins.!
3:57 (Sec. State)
Recorded for Mr Coffin and Mr Macy afore- said, ye day & yeare aforewritten.
1659 The tenth day of October, One Thousand six hundred - fifty & Nine; These Presents Wittness, That I Thomas Mayhew of Martins Vineyard Merch* doe give, grant, Bar-
June 29 game> & seli an my Right & Interest in Tuckanuck Island, als Tuckanuckett, wch I have had, or ought to have, by vertue of Patent Right, purchased of ye Lord Sterlings Agent, & of Mr Richard Vines Agent unto Sr fferdinando George Knight, unto Tristram Coffin,Sr Peter Coffin, Tristram Coffin Jun? & James Coffin, to them & their Heyres forever. ffor & in Consideracon of ye just Sume of six Pounds in hand paid, & by mee Thomas Mayhew received in full Satis- faction of ye aforesaid Patent Right of ye aforesaid Island. And In wittness hereof I have sett my Hand & Scale.
Per me Thomas Mayhew. Wittness hereunto.
Roger Wheeler
George Wheeler.
Collateral and Illustrative Documents 351
[Indian Deed of Tuckanucket.]
(Sec.* State)
Recorded for Mr Coffin & Mr Macey of Nantuckett ye 29th day of June. 1671.
The 20th day of flFeb^ I66I.1 These Presents doe Wittness that I Wamachmamack *6£°/i
ret). 2O
Chiefe & Head Sachem ef Nantuckett Island doe Bargaine & - Sell unto Tristram Coffin Senr, Peter Coffin, Tristram Coffyn ^7I
Junr, & James Coffin Sonnes of ye abovesd Tristram Coffyn J1"16 29 Senr ye one halfe of Tuckcanuck Island, ats Tuckanuckett, with all Appertenances & Priveledges thereunto belong- ing, namely that halfe of ye aforesd Island that Pattacohanett layeth Clayme now unto since hee sold ye other halfe, wch is ye North & North-West parts of ye Island as it was divided by Peter ffolges. Now these Presents doe further Wittness that for & in Consideration of ye just Sume of Ten pounds, I Wamachmamack doe Bargaine & Sell all my Right & Interest that I had, have, or ought to have in ye aforesd Island of Tuckanuck, als Tuckanuckett unto ye abovesd Tristram Coffin Senr, Peter Coffin, Tristram Coffin Junr, & James Coffin abovesd, to them & their Heyres forever; In consideration of ffive pounds in hand paid, & ffive pounds more wthin one Month after y* I ye aforesaid Wamachmamack shall make it appeare that ye Bargaine of Sale concerning ye above-named Island is good & Right according to Law, namely that hee ye sd Sachem was ye true & lawfull Ownr of ye aforesaid Island; And when it is by any other Person questioned Mr Thomas Mayhew is to determine who is ye Right Owner, And hee that is found to be ye Right Owner is
1 Supposedly the clerk intended to write 1660 or 1660/1.
352 Province of New York
Deeds to have ye ffive pounds that is unpaid. In wittness whereof (Sec. State)! have hereunto sett my Hand.
The marke X of
Feb. 20 Wamachmamack Sachem
R^ded Wittness hereunto 1671 Peter ffowler John Clips.
Deeds [Indian Deed of Nantucket.l
a:54
(Sec' State) Recorded for Mr Tristram Coffin, & Mr
Thomas Macy. ye 29^ of June 1671. as aforesd
[1660/1 1 These prsents wittness y* I Wanackmamack Head Sachem Feb. 20 J of ye Island of Nantuckett have Bargained & Sold, & doe Recorded by these Presents Bargaine & Sell unto Tristram Coffin, June29 Thomas Macy, Richd Swayne, Thomas Bernard, John Swayne, Mr Thomas Mayhew, Edward Starbuck, Peter Coffin, James Coffin, Stephen Green-leafe, Tristram Coffin Jun? Thomas Coleman, Robert Bernard, Christopher Hussey, Robert Pyke, John Smyth and John Bishop These Islands of Nantuckett, namely all ye West end of ye aforesd Island unto ye Pond comonly called Waquittaquay, & from ye head of that Pond to ye North-side of ye Island Manamoy ; Bounded by a path from ye Head of ye Pond aforesaid to Manamoy; as also a Neck at ye East end of ye Island called Poquomock, wth the propriety thereof, & all ye Royaltyes, priveledges, & Immunityes thereto belonging, or whatsoever Right I ye aforesd Wanackmamak have, or have had in ye same; That is, all y6 Lands aforemen coned and likewise ye Winter ffeed of ye whole Island from ye end of an Indyan Harvest untill planting time, or ye first of May from yeare to yeare for ever; As likewise Liberty to make use of Wood, and Timbr on all parts of ye Island; & likewise halfe of the Meadowes &
Collateral and Illustrative Documents 353
Marishes on all parts of ye Island, wthout or beside ye aforesd Tracts of Land purchased; And likewise ye use of ye other (Sec. State) halfe of ye Meadowes & Marishes, as long as ye aforesaid _
English their Heyres or Assignes live on ye Island; And like- 1660/1 wise I the aforesaid Wanackmamack doe Sell unto ye ' English aforemen coned ye propriety of ye rest of ye Island Rej^jed belonging unto mee, for & in consideracon of fFourty pounds I"116 29 already received by mee or other by my Consent or Ordr; To have & to hold ye aforesd Tracts of Land wth ye ppriety, Royalties, Immunityes, priveledges & all Appertenances thereto belonging to diem ye aforesd Purchasrs their Heyres & Assignes forever. In Wittness whereof I the aforesd Wanackmamack have hereunto sett my Hand & Scale ye Day & yeare above-written.
The signe of — Wanack-mamack. Signed Sealed & Deliverd in ye prsence of
Peter Foulger.
Eliazar Foulgar.
Dorcas Starrbuck.
[Indians' Affirmation of Deed to Thomas Mayhew, Jr. for
Land on Nantucket Island.] (Sec. State)
May ye io^h 1665.
This Writing doth wittness That I Wassulon & Inittuane did sell unto Thomas Mayhew ye YoungT a Tract of Land for him ye said Thomas Mayhew his Heyres & Assignes to 1671 enjoy forever; The wch Sale was made, & ye Goods paid unto us for ye same to ye vallue of ffifteen pounds, & ye Tract of Land delivered into ye possession of ye said Thomas Mayhew in ye yeare of or Lord God One thousand six hun- dred ffifty three; That allwayes halfe of them, & halfe ye
354 Province of New York [xvml
Deeds Whale was also sold unto ye said Thomas Mayhew for him,
(Sec. State) his Heyres, & Assignes to enjoy forever. & then delivered
into ye said Thomas Mayhew his possession, being part of
May 10 ye Purchase afores^ This wee sold & Deliver' d to ye cleare
Recorded knowledge of many Indyans, as Mickso, Eanawamett, Mr
July 16 J°^n Keoquissen, & many others; And this Writeing I doe
now give under my Hand, because ye first Writing cannot at
prsent be found. This wee sold wth ye Approbacon of
Vssamequin; The Bounds of ye sd Land beginneth at Waka-
chacoyk to Arkepah a River, & from the said Wakachakoyck
by a streight Line to ye middle of ye Island, that is ye middle
Lyne that divides ye Land of Towtoe & others, & ye Land
sold ye said Thomas Mayhew. And from the Place that
Lyne meeteth ye middle Lyne that divides as afores*? The
sd Land is to goe to the Harbour upon ye North side of ye
Island called Waweettick. Wittness my Hand ye Day &
yeare aforesl
Wassulon
Wittness his X Marke
Nicholas Davis. Isaack Norton Nicholas Norton M his marke.
De eds Mr Thomas Mayhew his Grant of Liberty
(Sec. State) to some Inhabitants on his Island to
buy Land.
1668 Forasmuch as I have a Grant of this Island both from ye
Agent of ye Lord Sterling, & also from ye Agent of S^ fferdinando
Recorded Gorges Kt for thjs Island ye Vineyard; This doth wittness July 16 t]iat i Thomas Mayhew doe grant unto Wm Pabody, Josyas Standish, & James Allen Liberty to buy Land; I say Liberty to buy what Land They can upon this Island wthin ye Com- pass of ye Bounds of Takinny of ye Indyan Sachems ye R* Ownrs; & to enjoy all such Lands to themselves, Heyres, &
[XVHI] Collateral and Illustrative Documents 355
Assignes forever, upon the same Termes & Conditions that
I have it of ye Lord Proprietor, but for ye People that are to (Sec. State)
be brought on, They are to be not only approved of by ye i66g
said William Pabody, Josyas Standish, & James Allen, or July i
the major part of them or their Assignes, but also by mee ye Recorded
said Thomas Mayhew my Heyres & Assignes, & for ye
Governm* of ye Inhabit*8 that shall bee there upon ye said
Land; It is to be carryed on by myselfe & ye major part of
ye {freehold" That is, I ye said Thomas Mayhew cannot
Act wthout them, nor. my Heyres & Assignes; Nor they ye
said Wm Pabody, Josyas Standish, & James Allen nor their
Heyres & Assignes shall not doe nor Act without mee ye
said Thomas Mayhew or my Successo". This is also an
Approbation for ye Land They have bought already, soe farr
as it concerneth mee, I doe also allow of it. And this I doe
in Consideration, That they the Grantees are to pay mee six
pounds, thirteen Shillings, foure pence at Boston to Cap*
Olliver, or Mr Peter Ollyver at Boston. Wittness hereunto
my Hand & Scale this first day of July. 1668.
Tho: Mayhew
This is a true Coppy drawn by the Origin all by mee
Symon Atthearn.
The Governor Lre to M? Mahew.1 C. A. M' Mahew (NYSL)
I Receiued yo? Lre by yo? Grandchild wherein I am informed upon what termes yo" haue hitherto held yor. Land Mxa67 °$ at Martins Vineyards & parts adjacent, but y* prtences of Sr fferdinando Gorges & y® Lord Sterling, being now at an end, & his Royall Highnesse absolutely invested in y* Right to those Islands y* Inhabitants are from henceforth to haue directions of their Governm* from this place, I doe admire
1 Thomas Mayhew, Sr.
356 Province of New York
C» A. Jt hath beene so longe before yo" haue made yo^ application (NYSL) to me since yor. adressing yo? selfe for releife against ye Indians in a businesse of a Wreck to my Predecessor, & his Comission May7<i6 to you thereupon did intimate an acknowledging of being undr his Royall Highnesse his Protection Upon notice this last yeare of ye. like misfortune of a Wreck upon your Island I sent directions to yoH how to proceed thereupon of wc.h I expected an account but haue as yett heard nothing of it but when you come hithT as you propose & wc.h I very much desire I make no question of receiuing satisfaction therein from you as well as in diuers other perticulers yo" may please to take yo? best tyme of coming this Sumer as you shall fynde yor- selfe disposed I pray bring all yo^ Patents deeds or other wrytings wth. you relating to those partes, by y? wc.h & by o? consultation togethr I may receiue such inteligence of ye affaires there as I may ye. bett? take ord? for y* future good settlemt of those Islands, As to any prtend- ers who lay clayme to any of them wc.h are deemed to be wthin ye. Dukes Patent I haue thought fitt to appoint [blank] months tyme for all persons wthin this Governm* or wthout eith^ by themselues or their Agents to appeare here before me to make good their Claymes or prtences, ye wc.h if any of them shall neglect to doe (haueing tymely notice thereof) such claymes or prtences will be adjudged of no validity: I haue in part discourst of theise affaires wt.h yoT Grandchild but referre the remaind? untill yoT arivall here where yo? shall receiue a very hearty welcome & all due Encouragem* as to yoT perticuler Concernes from
Yo? affectionate humble servant
[Francis Lovelace.] Fort James in N. Yorke May ye i6th. 1670.
I pray send Copies of ye enclosed order of notice to all those about you who are concerned.
UvuJ Collateral and Illustrative Documents 357
Notice giuen to all Persons Concerned in ye Land & A'g called Martyns Vineyard to appeare at New (NYSL) Yorke.
These are to giue notice to all persons Concerned who lay clayme or haue any prtence of Interest in Martyns Vineyard Nantuckett or any of ye Elizabeth Isles neare adjacent & wthin his Royal Highnesse his Pattent that they appeare before me in person or by their agents to make proofe of such Claymes or prtences wthin ye space of — 4 — months after ye date hereof, In default whereof all such Claymes or prtences aft? ye. Expiration of y* said tyme shall be deemed and adjudged invalid to all Intents & purposes, Given unde? my hand & sealed wth. ye Scale of the Province at Fort James in New Yorke this 16^ day of May in ye 22t.h yeare of his Mau" Raigne Annocp Domini 1670.
[Francis Lovelace.]
Mr Mayhew Empowered by Daniell Wilcock of New
Plymouth to Act for him wth Cott Lovelace &c: (Sec.* State)
Know all Men by these prsents that I Daniell Wilcock A*|7° of ye Colony of New Plymouth haveing two small Islands — wch are within his Highness ye Duke of Yorke his Patent, 1671 haveing obtained ye said Islands of ye Indyans, & likewise y T ye Patent of Right from Mr Thomas Mayhew & Matthew Mayhew of Martins Vineyard, I ye said Daniell Wilcock doe hereby desire & Empower Matthew Mayhew to Appeare on my behalfe before his Honor Coll: Lovelace, in Order to ye answering of his Hono" Warrant concerning Lands, & to Act therein as if I my selfe were there. And In wittness of
358 Province of New York [xvm]
D«e6ds ye Premisses, I have hereto sett my Hand this 3<Dth of August. (Sec/ State) 1670.
Daniel Wilcock Al67° O
Aug. 30 *J
his Marke.
1671 Witness hereunto July 16 T , A, ,
John Mayhew
John Howard his marke.
The Pat*s are Entred at large in ye Great Booke of Records. N° 6.
Here foliowes ye Entry of all those Writeings or Instrum*8 That Mr Mayhew had granted him from the Governo?
Dfeds Proposalls to ye Governo? from ye Inhabitants
(Sec. state) of Nantuckett about settling that Governm*.
[" 1671 "j Inprimis Wee humbly propose Liberty for ye Inhabit- ants to chuse annually a Man or Men to be chiefe in ye Governm*, & one chosen or appointed by his Hono? to stand in place, constantly invested wth power of Confirmacon by Oath or Engagem* or otherwise as his Hono? shall appoint, one to be Chiefe in ye Co^ & to have Magistraticall Power at all times wth regard to ye peace, & other necessary Con- sideracons.
2Jy. — Wee take for graunted y* ye Lawes of England are the Standard of Governm* soe farr as wee know them, & are suitable to our Condicon; yet wee humbly propose that ye Inhabitants may have power to Constitute such Law or Ord" as are necessary & suitable to or Condicon, not repug- nant to ye Lawes of England.
3ly. = In point of carrying on ye Governm* from time to time,
[xvnJ Collateral and Illustrative Documents 359
wee are willing to joyne with or Neighbor Island ye Vine- Deeds yard, to keep together one Co* every yeare, one yeare at o? (Sec. State) Island, ye next wth them, & Power at home to End all Cases not exceeding 2Ott; And in all Cases Liberty of Appeale to- LJuneJ ye Gen?1 Co^ in all Actions above 4O§. And in all Actions amounting to ye vallue of ioott Liberty of Appeale to his Highnesse his Co^ at ye Citty of Yorke; And in Capitall Cases, or such Matt" as concerne Life, Limbe, or Banishm*, All such Cases to be.tryed at Yorke.
And seeing ye Indians are numerous among us, Wee = 4. propose that or Governm* may Extend to them, & power to Sumon them to our Co*s wth respect to Matt" of Trespass, Debt, & other Miscarriages, & to Try & judge them accord- ing to our Lawes, when published amongst them.
And Lastly some Military Power comitted to us, respect- ing our Defence, either in respect of Indyans or Strang" invadeing &c:
Recorded for ye aforesd Mr Coffin & Mr Macy, Deeds 2 Lres or Certificates from ye Inhabitants of (Sec.S^ate) Nantuckett — as followeth — viz*
Whereas ye Hoii^le Colt: Lovelace Governor of New Yorke 1671 gave forth his Summons for ye Inhabitants of ye Isle of Nantuckett to make their Appearance before his Hono? at New Yorke either in their own Person, or by their Agent to shew their Claymes in respect of their standing, or Clayme of Interest on ye aforesd Island. Now wee whose Names are underwritten haveing intrusted our ffather Tristram Coffin to make AnswT for us, Wee doe Empower our ffather Tristram Coffin to Act & doe for us, wth ye Hon<? Governor Lovelace soe farr as is just and reasonable, wth regard to or Interest on ye Isle of Nantuckett and Tuckanuckett.
360 Province of New York [xviii]
Deeds Wittness o? Hands ye 2d day of ye fourth Month, Sixteen (Sec. State) hundred & seaventy one 1671.
j6 James Coffin
June 2 and 5 Nathaniell Starbuck
John Coffin Steephen Coffin.
This is to signify that ye Inhabitants of Nantuckett, have chosen Mr Thomas Macy their Agent to Treat wth ye Hofi^le Coll: Lovelace concerning ye AfFayres of ye Island to Act for them in their Behalfe and stead, & in all Considerations to doe what is necessary to be done in reference to ye Prem- isses, as if They themselves were personally prsent. Wittness their Hands Dated June 5th. 1671.
Edward Starbuck Peter ffbulger John Rolfe.
The Inhabitants aforesd doe also in ye name of ye rest desire Mr Tristram Coffin to assist their aforesd Agent what hee can in ye matter or Busyness concerning ye Island Nantuckett.
Deeds The Answ? to ye Nantuckett Proposalls.
3:60 (Sec. State)
At a Councell held at Forte James in New
Yorke ye 28th day of June in ye 23d yeare of his Maties Reigne, Annoq3 Dm. 1671.
1671 In Answer to ye Proposalls Delivered in by Mr Coffin & June 28 ^r Macy Qn yC behalfe of themselves & ye rest of ye Inhabit- ants upon ye Island Nantuckett; The Governor & Councell doe give their Resolutions followeth. — Viz*
Inprimis. As to ye first Branch in their Proposalls, It is
[xviii] Collateral and Illustrative Documents 361
thought fitt y* ye Inhabitants doe annually recomend two Persons to the Governor out of wch hee will Nominate one (Sec. Sate) to be ye Chiefe Magistrate upon that Island, & ye Island of Tuckanuckett near adjacent for ye yeare ensueing; who shall by Commission bee Invested with power accordingly.
That ye time when such a Magistrate shall Enter into his Employm* after ye Expiracon of this first yeare, shall Commence upon ye 13th day of October, being his Royall Highness his Birth day to continue for ye space of one whole yeare, & that they returne ye Names of ye two Persons They shall recommend three Months before that rime to ye Governor.
That ye Inhabit*3 have Power by a major Vote annually to Elect & chuse their inferior Offic^ both Civill & Military; That is to say, ye Assistants, Constables, & other inferio? Offic^ for ye Civill Governm* & such inferiour Offic^8 for ye Military as shall be thought needfull.
The second Proposall is allowed of; That they shall have 21?. Liberty to make peculiar Lawes and Ord" at their Gen?u Co* for the Well Governm* of ye Inhabit18 ye wch shall bee in force amongst them for one whole yeare; Dureing wch time if noe Inconvenience doe appeare therein, They are to Transmitt the said Lawes or Ordrs to y6 GovernoT for his Confirmation. Howev? They are (as neare as may bee) to conforme themselves to ye Lawes of England, & to be very Cautious They doe not Act in any way repugnant to them.
To ye 3<? It is Granted, That they joyne wth their Neigh- <jly. bors of Martins Vineyard in keeping a Gen?11 Co^ between them once a yeare, ye sd Cort to be held one yeare in one Island, & ye next in ye other, where ye Chiefe Magistrate in each Island where the Co? shall be held, is to prside, & to sitt in their respective C6^s as Presid*, but withall That upon all Occasions hee Consult & advize wth ye Chiefe Magistrate of ye other Island.
That ye said Genr11 Co* shall consist of ye two Chiefe
362 Province of New York [xviiJ
Deeds Magistrates of both Islands, & ye foure Assistants, where (Sec. State) ye Presid* shall have a Casting Voyce; for ye time of their Meeting, That it bee left to themselves to Agree upon ye June 28 most convenient Season of ye yeare.
That in their private Co?s at home, wch are to be held by ye Chiefe Magistrate & two Assist*8 where ye Chiefe Magistrate shall have but a single Voyce, They shall have power finally to determine & decide all Cases not exceeding ye Vallue of 5? wthout Appeale, but in any Suine above that Vallue, They have Liberty of Appeale to their Gen1? Co? who may determine absolutely any Case under 50? without Appeale, but if it shall exceed that Surne, ye Party aggrieved may have Recourse by way of Appeale to ye Genr11 Cort of Assizes held in New-Yorke.
And as to Criminall Cases, That They have Power both at their private Co?s at home as well as at ye Gen?11 Co? to inflict Punishm* on Offend^ soe farr as Whipping, Stocks, & Pilloring, or other publick Shame; But if ye Crime happen to bee of a higher nature, where Life, Limbe, or Banishm* are concerned, That such Matt?8 be Transmitted to ye Gen?11 Cort of Assizes likewise.
4. In Answr to ye 4th, It is left to themselves to Ordr those Affayres about ye Indyans, & to Act therein according to their best discretions, so farr as Life is not concerned; Wherein They are also to have Recourse to New Yorke, but that They bee carefull to use such Moderacon amongst them, That they be not exasperated, but by Degrees may be brought to be conformable to ye Lawes; To wch End, They are to Nominate and Appoint Constables amongst them who may have staves wth ye Kings Armes upon them, the better to keep their People in Awe, & good Ord^ as is practized wth good Success amongst ye Indyans at ye East end of Long-Island.
[xviiil Collateral and Illustrative Documents 363
To ye Last, That They returne a Lyst of ye Inhabitants, »**** as also ye Names of two Persons amongst them; out of (Sec. State) whom ye Governor will appoint one to bee their Chiefe jfi Military Officer That they may bee in ye better Capacity to June 28 defend themselves against their Enemyes whether Indyans or others.
Commission granted to Mr Tristram Coffin
Sen? to be chiefe Magistrate in & over the (Sec. State) Islands Nantuckett & Tuckanuckett.
Francis Louelace Esq? &c: Whereas Vpon Address made unto mee by Mr Tristram Coffin, & Mr Thomas Macy on ye behalfe of themselves, & ye rest of ye Inhabitants of Nan- tuckett Island concerning ye Manno? & Method of Governm* to be used amongst themselves; & haveing by ye Advice of my Councell pitcht upon a way for them; That is to say, That They be Governed by a Person as Chiefe Magistrate, & two Assistants, ye former to be nominated by my selfe, ye other to be chosen & confirmed by ye Inhabitants as in ye Instructions sent unto them is more particularly sett forth; And haveing conceived a good Opinion of ye ffittness and Capacity of Mr Tristram Coffin to be ye prsent Chiefe Magis- trate to Manage Affayres wth ye Ayd & good Advice of ye Assistants in ye Islands of Nantuckett & Tuckanuckett, I have Thought fitt to Nominate, Constitute, & Appoint, & by these prsents doe hereby Nominate, Constitute, & Appoint Mr Tristram Coffin to be Chiefe Magistrate of ye said Islands of Nantuckett and Tuckanuckett; In ye Manager^ of wch said Employm*, Hee is to use his best Skill and Endeavour to prserve his Maties Peace, & to keep ye Inhabitants in good Ordr. And all Persons are hereby required to give to ye said Mr Tristram Coffin such Respect & Obedience as belongs to a Person invested by Commission from Authority
364 Province of New York
Deeds of his Royall Highness in ye Place & Employm* of a Chiefe (Sec. state) Magistrate in ye Islands aforesaid. And hee is duely to g Observe the Orders and Instructions wch are already given June 29 forth for ye well governing of ye Place, or such others as from time to time shall hereafter bee given by mee; And for what- soever ye said Mr Tristram Coffin shall lawfully Act or Doe in Prosecution of ye Premisses, This my Commission wch is to bee of fforce untill ye 13th day of October, which shall bee in ye yeare of our Lord 1672. when a New Magistrate is to Enter into the Employm*. shall bee his sufficient Warrant and Discharge. Given under my Hand and Scale at fforte James in New Yorke this 29th day of June in ye 23d yeare of his Maties Reigne, Annocp Dm 1671.
Fran: Louelace.
The Patents granted by his Hono? to Mr Coffin & Mr Macy are Entred at large in ye Create Booke of Records. N°. 6.
Lett? from ye Governo? to ye Governo? of (Sec. state) New Plymouth on ye behalfe of Mr
Thomas Mayhew.
Mr Thomas Mayhew of Martins Vineyard haveing been here wth mee to pay his Acknowledging ; & to take out Patents of Confirmacon for ye Lands hee enjoyes at Martins Vineyard & parts adjacent wthin these his R: HsTerritoryes; At his Instance & Request, I doe recomend it you, That you'l please to graunt him some Enlargm* of Recompence for his Trouble & Paines amongst ye Indyans, soe farr as con- veniently it may bee done, for his Encouragem1 in his auncient Dayes; Hee together wth his deceased Sonn haveing been Instrum*3 of doeing much Good by thier Instructions in
[xviiJ Collateral and Illustrative Documents 365
bringing diverse of them to ye knowledge of ye Christian Religion; wch is worthey of great Commenda con; what (Sec. State) Civility you shall doe him herein shall bee kindely acknow- ledged by
Sr
YoT affectionate humble Servant.
Fran: Louelace
Mr Mayhew's Instructions from ye Governor Deeds Mr Mayhew. , (Sec.* State)
Although by yor Gen1")1 Commission you have strength I" 1671 "I & Authority sufficient to putt such Lawes & Rules in Exe- y
cucon as you shall conceive may best tend to ye Distri- bucon of Justice, & securing the Cofnon Rights & Interest of such as shall live under yor Governing the keeping his Maties peace, together wth ye preservacon of his Roy all Highness Interest & Propriety in those parts, yet since that Commission may appeare to be too generall, I have thought fitt to prscribe to you some particular Instructions, wch you are to make use of as Occasion shall serve.
In ye first place, You are soe soon as you shall arrive, in some convenient time Cause a Generall Meeting to be summoned of the Inhabitants (amongst wch I would not have ye chiefe of ye Indyans omitted) to whom you are to Declare ye End of yor being wth mee, & ye Power I have invested you in, by causing your Commission to be read publicly, together wth yor Instructions.
You are then to Considr & Appoint a sett time for ye Election of yor. Assistants, as likewise to consid? of ye time when ye genT11 Co^ shall be summoned Of Wch you are to advertize & consult wth yo? Neighbo" of Nantuckett.
You are likewise to acquaint ye Inhabit*8 ye Priveledges I have graunted them by Enfranchizing them in a Towne
366 Province of New York
D?e7dIs Corpora con, To whom you may deliver their Chart? Vpon
(Sec. state) ye Receipt of wch They may proceed to ye Election of their
r l6 j -i Magistrates as belongs to other Corporations.
L July J And in regard at this distance, & ye unacquaintedness of
the Inclinations & Dispositions of ye Indyans, I cannot
prscribe you any Rules that may be most proper for them,
I shall therefore recommend that Affaire wholly to yor.
prudent Managem* only you may acquaint them, that
haveing now taken them into his Royall Highness particular
Protection, I shall bee very carefull to Assist them in all
Extremityes; expecting from them noe other Returne, but
that they live quietly & peaceably, wth true Submission to
that Authority, wch now is sett over them.
You are to cause some of ye Principall Sachems to repaire (as speedily as They can) to mee, that soe They may pay their homage to his Matie, & acknowledge his Royall H? to bee their only Lord Proprietor
You are to encourage and sett to worke ye Sewan making, to whom you may give full Assurance, They shall receive sufficient Recompence for their Labour; And that that Trade may only be drove between them & this place, you are not to permitt any Shells to bee exported to fforrainers, unless they pay a considerable Custome for them.
You are not to faile to give mee a speedy Advertizem* of all yo* Transactions as may bee, & by all meanes lett mee heare from you, how Affayres constantly stand.
You are to see ye Collection of his Maties Customes, & all ffines bee duely observed, & you are to Assist upon all Occasions ye Collector of ye Customes in ye Execucon of his Office, & transmitt them to mee here.
You are to cause all such as shall bee Elected to any publick Office of Trust to take ye Oath of Allegiance to his Matie at the Entrance into their Office.
You are not to suffer any of yor Indyans to Enter into a
Collateral and Illustrative Documents 367
Confederacy of Warre, wth any other forraine Indyans, without advertising mee first wth it, & procuring my Per- (Sec. State)
mission for it. [Francis Lovelace.]
J f 1671 1
L July J
The AnswT to Mr Mayhews Proposalls. Dee ds
» 3 • 75
(Sec. State)
At a Councell held at Forte James in New Yorke, ye yth day of July in ye 23d yeare of his Maties Reigne, Annocp Dm 1671.
Whereas Mr Thomas Mayhew of Martins or Martha's 1671 Vineyard hath been an auncient Inhabitant there, where by Gods Blessing Hee hath been an Instrum* of doeing a great deale of Good both in settling severall Plantacons there, as also in reclayming & Civilizing ye Indyans; ffor an Encour- agemen* to him in prosecucon of that Designe, & in acknowledgm1 of his Good Services, It is Ordered & Agreed upon That ye said Mr Thomas Mayhew shall dureing his naturall Life bee Governor of ye Island called Martins or Marthas Vineyard both over ye English Inhabitants & Indyans for ye wch hee shall have a Commission.
That for Tryall & decision of all Differences of Debt or Damage to ye vallue of ffive pounds, They shall have a Co? in their Island, wch shall bee composed of ye Governo1" there, who shall have a double Vote, and three Assistants to be Elected annually by the Inhabitants of ye two Townes & Plantacons upon ye Island, from Judgm1 in any Case to ye Sume of five pounds aforesaid or under, noe Appeale shall bee admitted.
That all Actions & Cases of above five pound & under ffifty pound shall bee Tryed at ye gen?1 Court to be held by them & their Neighbours of Nantuckett, that is to say, by ye Governor or Chiefe Magistrate of Martins Vineyard, & ye first two Elected of ye three Assistants aforemen coned,
368 Province of New York
Deeds & by yeChiefe Magistrate of Nantuckett, & his two Assistants,
(Sec. State) where it is recommended That Mr Thomas Mayhew doe
prside & sitt as President dureing his Life (although ye Court
July? bee held at Nantuckett[)] wth priveledge of a double or
Casting Voice, in regard of his great Experience & Reputa-
con amongst them, but after his decease that ye Rules &
Instructions, wch concerne both ye Islands be punctually
followed & observed.
That ye first Gefir11 Court shall bee held upon ye Island Martins Vineyard at some convenient time to bee agreed upon between them, & their Neighbo", wch is to be Trans- mitted hither, at wch time annually after Approbacon had thereof that Court is to be held for ye time to come according to ye aforemen coned Instructions given to those of Nantuckett.
That Mr Thomas Mayhew as Governor over ye Indyans doe follow ye same way and Course of quiet & peaceable Governm* amongst them as hitherto hee hath done, wch will tend to their mutuall Benefit! and Satisfaction, and by Degrees bring them to Submitt to, & acknowledge his Maties Lawes Establisht by his Royall Highness in this Province.
And Lastly That ye Governmt of ye Indyans in particular shall remaine in that State & Condicon as hitherto it hath
done.
By OrdT of ye Governor &
Councell.
Deeds Commission for Mr Thomas Mayhew to be Chiefe
(Sec3. 'state) Governour of Martins als Martha's Vineyard.
1671 Francis Louelace Esq^ &c: Whereas I have conceived a good Opinion of ye Capacity & Integrity of MT Thomas Mayhew to be Governor & Chiefe Magistrate of ye Island Martins or Martha's Vineyard to manage publicp Affayres
[xvnJ Collateral and Illustrative Documents 369
wth ye Aid, & good Advice of ye Assistants to be chosen there, Deeds
I have thought fitt to Nominate, Constitute, & Appoint (Sec.* state)
& by these prsents doe hereby Nominate, Constitute, &
Appoint, Mr Thomas Mayhew to be Governo1" & Chiefe July 8
Magistrate of ye said Island Martins or Martha's Vineyard
dureing his naturall Life, in ye managem* of wch Employm?
hee is to use his best Skill & Endeavo? to prserve his Maties
peace, & to keep ye Inhabitants in good Ord? And all Persons
are hereby required to give to ye said Mr Thomas Mayhew
such Respect & Obedience as belongs to a Person invested
by Commission & Authority from his Royall Highness in
ye Office & Employm* of a Governor & Chiefe Magistrate
in ye Island afores^ And hee ye said Mr Mayhew is duely
to observe & obey such Orders & Instructions, wch are
already given forth for ye well governing of ye Place, or such
other Directions as from time to time hee shall receive from
mee; And for whatsoever the said Mr Thomas Mayhew
shall lawfully Act of Doe in prosecucon of ye Premisses
This my Commission shall bee his sufficient Warrant &
Discharge. Given &c: this 8th day of July in ye 23th yeare
of hisMaties Reigne. Annocp Dm 1671.
[Francis Lovelace.]
Commission granted to Mr Matthew Mayhew Deeds to be Collector of ye Customes in & about ^^ gt|t Martins Vineyard, wth ye places adjacent.
Francis Louelace Esq? &c: To all to whom these Presents 1671 shall come sendeth Greeting. Whereas It is Ordered & ^u appointed That his Maties Customes are to be paid for all Customable Goods, w^ are or shall be imported into, or exported from these his Roy!1 Highness his Territoryes, from wch noe Place or Person within ye Governm* hath ye Privel-
[24]
370 Province of New York
Deeds ecjge to be exempted; I have therefore thought fitt to Con-
(Sec. state) stitute & Appoint, and by these Presents doe Constitute &
appoint Matthew Mayhew to be Collector & Receiver of ye
July 8 Customes of all such Customable Goods as now are or shall bee brought into ye Harbour at Martins Vineyard, or any other Creek or Place upon ye Island, or Jurisdiction thereof; And ye said Matthew Mayhew hath by this my Commission full power & Authority to doe, all lawfull Acts & Things relating & belonging unto ye said Employmt Hee following such Directions and Instructions for ye same as hee shall from time to time receive from mee, or from ye Chiefe Officer of ye Customes of this place; to whom hee is to render a due Acco* of all Particulars relating to his Employm* And all Offic^ upon that Island or parts & Places adjacent wthin this Governm* are to bee ayding & assisting unto ye said Matthew Mayhew in ye prosecucon of his Office, as they will answer ye contrary at their utmost perrills. Given under my Hand & Scale at fforte James in New Yorke this 8th day of July in ye 23th yeare of his Maties Reigne, Annoqp Dm 1671. [Francis Lovelace.]
Lycence for Mr Thomas Mayhew to (Sec. State) purchase Land &c:
1671 Whereas Mr Thomas Mayhew Sen? & Mr Thomas May- hew Jun? his Son have for many yeares past been seated and possest of Lands upon Martins or Martha's Vineyard, of which by vertue of Grants from ye Lord Sterlings Agent, They made Purchase of ye Indyans, & hitherto have enjoyed ye same, for ye wch, ye said Mr Thomas Mayhew Sen?, & Matthew ye Sonn & Heyre of Thomas Mayhew Jun? have now Patents of Confirmacon by Authority from his Roy all Highness. And there being severall other parcells of Land
Collateral and Illustrative Documents 371
upon ye said Island capable of Improvem*, ye wch as yett Deeds have not been bought of ye Indyan Proprieto"5, soe lye wast (Sec. state) & unmanured; These Presents Certify & Declare, That I doe hereby give free Leave & Lycence unto Mr Thomas July 12 Mayhew & Mr Matthew Mayhew his Grand childe in his Royall Highness his Name to Treat, Agree upon, & Con- clude wth ye Indyan Proprietor of ye said Land undisposed of, & upon ye Returne thereof unto mee, I shall bee ready to Graunt such Copfirmacon as shall bee requisite. Given under my Hand & Scale at fforte James in New York ye 12th day of July in ye 23d yeare of his Maties Reigne, Annocp Dm 1671. [Francis Lovelace.]
Licence to Purchase &c: granted unto M? Deeds Richard & Capt Jn? Gardner of (Se?.' state) Nantuckett.
Whereas Mr Richard Gardner, & Cap* Jn? Gardner his 1673 Brother, having Declared unto mee their Intent of Vndertak- ing the Designe of a ffishing Trade upon the Island of Nan- tuckett & parts adjacent, if they may have Licence to buy and make Purchase of some Land by the Sea-side or els- where of the Indyan Natives Proprietors for their Accomo- dation; for an Encouragement unto them the said Mr Richard and Cap* John Gardner in their Undertakings of the designe aforesaid ; I have thought fitt to give and grant, and by these Presents doe hereby Give and Grant Liberty and Licence unto the said Mr Richard and Cap* John Gardner and their Associates to buy and make Purchase of some convenient quantity or Tract of Land for the use aforesaid, or for Improvement thereof, of the said Indyan Proprietors, not yet made Purchase of by the rest of the Inhabitants, for the which when Returne shall bee made of the quantity
372 Province of New York [xvm]
Deeds thereof, together with its Buttings and Boundings, the said
(Sec. State) M? Richard and Cap* John Gardner, and their Associates
may have a Patent of Confirmation by Authority of his
Apr. 15 Royall Highness under the Scale of the Province. Given
under my Hand & Seale at Fort James in New Yorke this
I5*h day of Aprill in the 25th yeare of his Maties Reigne,
Annoq? Domini 1673.
Fran: Lovelace
3e:87s Commission for M? RicM Gardner to bee
(Sec. State) Chiefe Magistrate of Nantuckett &
Tuckanuckett.
Apr7is Francis Lovelace EsqT, One of the Gentlemen of his Ma*ies Hon^le Privy Chamber, & Governor Gen?11 under his RoyP Highness James Duke of Yorke & Albany &c: of all his Territoryes in America; To Mr Richard Gardner of Nantucket sendeth Greeting.
Whereas according to the Directions & Instructions by mee given on the behalfe of his Royall Highness for the Government of the Islands of Nantuckett & Tuckanuckett, the Inhabitants thereof at the time appointed have chosen two persons whose Names they have returned hither for my choice and approbation of one of them to bee Chiefe Magis- trate of the said Islands, and having conceived a good Opinion of the fittness & capacity of Mr Richard Gardner (who is one of the two returned) to manage Affayres there with the aid and good advice of the Assistants to bee chosen amongst themselves, I have thought fitt to Nominate, Constitute, & Appoint & by these Presents doe hereby Nominate, Con- stitute, & Appoint Mr Richard Gardner afore-named to bee Chiefe Magistrate of the said Islands of Nantucket and Tuckanuckett. In the Management of which Employment,
[xviii] Collateral and Illustrative Documents 373
hee is to use his best Skill and Endeavour to preserve his Ma11.68 Peace & to keep the Inhabitants in good Order. And (Sec. State) all persons are hereby required to give the said Mr Richard Gardner such respect & Obedience as belongs to a person Apr. 15 invested by Commission & Authority of his Royall Highness in the place and employment of a Chiefe Magistrate in the Islands aforesaid. And hee the said Mr Richard Gardner is duely to observe the Orders and Instructions which are already given forth for the well governing of the Place, or such others as from time to time shall hereafter bee given by mee his Royall Highness Governo?. And for whatsoever the said Mr Richard Gardner shall lawfully Act or doe in prose- cution of the premisses, This my Commission (which is to continue & bee in force untill the next Election, & my returne of approbacon of a New one in his place) shall bee his Sufficient Warrant and Discharge. Given under my Hand, and Sealed with the Seale of the Province at Fort James in New Yorke this 15^ day of Aprill in the 25^ yeare of his Ma1!63 Reigne, Annoq* Domini 1673.
Fran: Lovelace
Commission for Cap* John Gardner of the Island Deeds of Nantuckett to bee Cap1, of the Foot Company (Sec.* state) there.
Francis Lovelace Esq? &c: Governor Gen?11 under his 1673 Royall H? James Duke of Yorke & Albany &c: of all his Apr* '! Territoryes in America.
To Cap* John Gardner of ye Island Nantuckett.
Whereas You are one of the two persons returned unto mee by the Inhabts of your Island, to bee the Chiefe Military Officer there, having conceiv'd a good Opinion of your fitt-
374 Province of New York [xvni]
ness ^ capacity: By Vertue of the Commission & Authority (Sec. State) unto mee given by his Royall Highnesse James Duke of Yorke & Albany, I have constituted and appointed, and by Apr. 15 these Presents doe hereby Constitute & Appoint you John Gardner to bee Captaine & Chiefe Military Officer of the ffoot Company risen or to bee risen within the Islands of Nantuckett and Tuckanuckett. You are to take the said Company into your charge & care as Captaine thereof, and them duely to exercize in Armes; and all Officers and Sould- yers belonging to the said Company are to obey you as their Captaine. And you are to follow such Orders and Instruc- tions, as you shall from time to time receive from mee or other your Superiour Officers according to the discipline of Warr; for the doeing whereof this shall bee your Commis- sion. Given under my hand and Scale at Fort James in New Yorke this I5*h day of Aprill in the 25*h yeare of his Ma*ies Reigne Annoq? Domini 1673.
Fran: Lovelace
Deeds Nantuckett Affayres.
3:85
(Sec. State) Additional Instructions & Directions for the
Government of the Island Nantuckett sent by MT Richard & Cap* Jn<? Gardner Aprill ye i8tl? 1673.
. x^73 Inprimis, That in regard ye Towne upon ye Island of Nantuckett is not known by any peculiar or particular Name, It shall from hence forth bee called & distinguished in all Deeds, Records, and Writing by the name of the Towne of Sherborne upon the Island Nantuckett.
That all ancient & obsolete Deeds, Grants, Writings, or Conveyances of Lands upon the said Island shall bee es- teemed of noe fforce or Validity, but the Records of every
Collateral and Illustrative Documents 375
ones Clayme or Interest shall beare Date from the first divulging of the Patent granted to the Inhabitants by Au- (Sec. State) thority of his Royall Highnesse, and soe forward, but not before the Date thereof. Apr. 18
That the time of Election of the Chiefe Magistrate, & other Civill Officers bee & continue according to the Direc- tions & Instructions already given, but in regard of the dis- tance of the Place, & ye uncertainty of Conveyance betwixt that & this Place, ye chiefe Magistrate & all the Civill OfficT8 shall continue in their Employm*5 untill the Returne of the Governor Choice & Approbacon of a New Magis- trate bee sent unto them, which is to bee with the first con- venient Opportunity.
That in case of Mortality, if it shall please God the Chiefe Magistrate shall dye before ye Expiration of his Employ- ment, the Assistants for the time being shall manage, & carry on ye Affayres of the Publick untiil the time of the new Election, & ye Governor Return & Approbation of a new Magistrate in his stead.
That the Chiefe Military Officer shall continue in his Employm* during the Governor Pleasure, and that hee have Power to appoint such Persons for inferiour Officers, as hee shall judge most fitt and capable.
That in Case of the Death of the Chiefe Military Offic? during the time of his Employment, that then the Inhabitants doe forthwith make Choice of two Persons, & returne their Names unto the Governour, who will appoint one of them to bee the Officer in his stead.
That in regard ye Generall Co^ to bee held in ye Island Nantuckett or Martins Vineyard is but once in the yeare, where all Causes or Actions are tryable without Appeale to ye Sum of fifty pounds, Liberty bee granted to try all Actions of Debt or Tresspass at their Ordinary Courts to the value of Ten pounds without Appeale, Vnless upon
376 Province of New York
Deeds Occasion of Error in ye Proceedings there bee Cause of (Sec. state) Complaint from ye Ordinary Court unto the Generall Court,
or from the Gen?11 Court to the Court of Assizes. Apr. 18 That what is granted in the Generall Patent to the Inhabit- ants, ffree-holders, of the Island Nantuckett is to bee under- stood, unto them alone who live upon the Place & make Improvem* thereof, or such others who having pretences of Interest shall come to Inhabitt there. Given under my Hand at Fort James in New Yorke the day & yeare afore- written; & in ye 25^ yeare of his Maties Reigne.
[Francis Lovelace.]
A Letter from the Secretary to ye Inhabitf (Sec.* State) of Nantuckett.
New Yorke Apr: ye 24^ 1673. 1673 Gent.
By the Governor Ord? I am to acquaint you, That hee receiv'd your Letter (bearing Date the 3^ day of Aprill about 3 weeks since, by the hands of Mr Richard Gardner together with eight Barrells of ffish for two yeares Acknowledgment, and a Token of fifty weight of {Feathers, for which your care of the former, and kindnesse in the Latter hee returnes you thanks; There came to the Governor in the Winter a Letter from Mr Tristram Coffin about your Election, but noe other from you; in answer to which you had heard from him sooner, but the difficulty of Conveyance hindred. You will now understand the Governors choice by the Bearers hereof Mr Richard and Cap* John Gardner: That is, Mr Richard Gardner for Chiefe Magistrate this yeare, & Cap* John Gardner for Chiefe Military Officer, for which they have Commissions. They have also with them some Addi- tionall Instructions and Directions to Communicate to you;
tax] Collateral and Illustrative Documents 377
most of which were proposed by those two ffriends you sent, who have prudently managed the Trust you reposed in them. (Sec. State) They have also with them a Booke of the Lawes of the Government, & three Constables Staves: As to your Non- Apr.724 performance of the Acknowledgment according to strictness of time, his Hono? being sensible, That Opportunityes doe not very frequently present between these Places, hee is very well satisfyed with your Civill Excuse. If at any time you have other Prpposalls to make for the Good of yor. Inhabitants, you may rest assured of his Hono" ready Com- plyance therein. This is all I have in charge to deliver unto you from the Governour, Soe take Leave & subscribe
Gent.
Yo? Very humble Servant Matthias Nicolls.
No. XIX.
ALBANY AFFAIRS AND PACIFICATION OF THE
MOHAWKS.
[Lovelace to Henry Pawling.] O. W. L.
^
Yor Letter of y° 5th Instant I answered, since, which I received another of 17th ditto, I thanke you for yor frequent jJiy 25 letters, I approue very well of yor advancing the peace with ye Indyans: Though I must confesse it had beene better, had the appearance of yor formality of the Magistrates of Esopus concerned them selues here: I cannot imagine how that peace will bee of any duracon, in regard the Macquas will not accord with the Mappingo's [sic] and other nacons
378 Province of New York [xfx]
O. W. L. Of tnat side Of Hudsons River and there being so great a (NYSL) Correspondence with them of the Esopus, Cuttskill &c that 6 hee that attach the one must neede injure the other, since July 25 in all extremityes they will haue a recourse one to the other. I am endeavouring to make it a generall peace, and doubt not but to accomplish it, for if the Indyans under MrWinthrop bee but as pliable as our Indyans the worke is allready done; you may on all occasions assure them so, it will relieue their doubt much, when they see but a possibility for a generall peace. For y[e] Oare you sent mee, I haue tryde it and find it right But with all, I desire a greater quantity to bee sent mee by the next convenience for the Last was so little that I could hardly make a Tryall. For the Land you relate to bee neare ye Mine pray take it up for mee and if it bee in such a place as it may render it Comunicable to other I will settle it. For ye Washmakers Land, I shall not dispose it, till I heare out of England Pray proceed vigor- ously toward the settlem* of yor Towne, and I will invest you with sufficient Authority to administer Justice amongst them I haue from England advertisement of 200 Scoth familyes that are to bee transported hether (if so) I purpose to settle them neare you that so you may strengthen each other ye better, Comend mee to the Magistrates there and the Rest and beleeue mee to bee
Yor Loving freind
Fran: Lovelace Fort James the 25th day of July 1669.
O. W. L. [Lovelace to the Magistrates at Albany.]
(NY4SL)
Gentlemen
1669 My last to you was about the letting out the great Pacht or Tappers Excise for ye yeare ensueing for the wch I therein
tax] Collateral and Illustrative Documents 379
gaue you some Instructions I then also required you, that °- w- L« the double Excise for liquo" goeing up to Albany is taken (NYSL) off, it being onely to bee paid here.
In answer to yor. letters concerning the peace betweene the juiy 26 Indyans, I doe very well approve of what you haue already done, and shall desire you continue yor best Endeavors for ye Promoting of it to effect. I haue given an ace1 of all yor proceedings about it to the Macquaes part unto Mr Win- throp, from whome I every day expect an answer, how farre hee hath wrought with those Indyans about him, as also an agreement upon the place where the meeting shall bee, for ye conclusion of the peace whether if in this City or not.
I am informed that the Macquaes haue made a peace with ye Esopus Kattskill and other Indyans adiacent but haue excluded the Poppingoes [sic] which will bee an occasion of breach of it againe unlesse they bee included, also there being so great affinity and correspondence betweene them and those other Indyans. When I receive letters from Governor Winthrop You shall heare further from mee con- cerning this matter in the meane time yor Care and prudence in the management of Affaires with ye Macquaes will bee very acceptable to
Yor affectionate freind
Fran: Lovelace New Yorke this 26th
of July 1669.
[Lovelace to the Magistrates at Albany.]
Gentlemen
I haue Rec^ yo" of ye 5**? Instant w*.h some further propo- ol669 sitions from y* Maques Indians whereto I can at present
380 Province of New York [xix]
C. A. say iittie or nothing untill Governour Winthrop retorne w0!1
(NYSL) is dayly expected but that I am glad they continue in so
Calme & peacable myndes notwithstanding their last victory.
Oct. 13 I haue also an Account from yo" of ye Election of yor Comis-
saryes, And doe approue of Capt* Philip Pieter Schuyler
for Albany in ye place of Mr Jacob de Hinse, & of Pieter
Meenssen in ye stead of Jan Thomas for Renzlaerswijck,
wc^ is all at prsent from
Yo? very Loving freind
[Francis Lovelace.] ffort James in New Yorke this 13^ day of October. 1669.
c- A- The Governor Lre to ye Schout &
2:426 J
(NYSL) Comissaryes at Albany.1
Gentlemen
? The Governor hath receiued ye Propositions yoH sent from ye Matucander Indians a Copy whereof he doth intend to transmitt to Gouernour Winthrop from whome he dayly Expects a retorne of all ye former papers of wc.h yo" will haue an Ace* The Gouerno^ hath giuen me Ord? to acquaint yo* that he would haue yo" as formerly to prouyde a Scow to help ye Souldiers in their provision of firewood against winter wc.h is all at prsent from
Yor very Loving freind
Matthias Nicolls Octobr 27*.h 1669.
To ye Schout & Comissaryes at Albany.
1 The original heading, as is evident, is erroneous; but Nicolls wrote in his secretarial capacity for Lovelace.
Collateral and Illustrative Documents 381
The Gouernors Lre to Governed Winthrop c- Deare ST
I am heartily sorry so sad an Occasion as ye Indisposition of yo^ wife obstructed yoT- retorne to yoT house but am as well pleased at her recovery & thereby ye advantage I shall reape by a more frequent Correspondency, if all my Letters arriu'd yo^ hands yo" will fynde them of one Tenure (vizt) ye Earnest desire of ye Macqueses to conclude a firme peace wth ye Mahicands what, overtures (of this nature they haue made before) I cannot be informed in & I am apt to belieue what they now represent to be (as farre as Infidells are to be Creditted) very Cordiall, Yo" see their propositions & having had ye Experience of their Actings formerly you can best giue a Judgm* of ye Event, to be briefe (if it can be accomplis'ht) I doubt not but it will very much tend to ye good of all Xpians in their tranquility & to ye Advancem* of Trade (ye first step to plenty) How farre yo" belieue me to be Capable to promote that designe I shall receiue Instruc- tions from yo" but I am apt to belieue ye Progresse will be very slow if it be manag'd by Letters there will be therefore a necessity of an Intercourse wc^ I shall attend when I know from yo" ye Tyme & place, For those Exceptions yo" inferre of ye tyme & place & Jelousy ye Mahicanders Conceiue of ye Maquesyes by reason of some former misactings ye others use ye same Arguments against them & if true (rebus sic stantibus) there is little hopes of a period, but if all former miscarriages are oblitterated & we enter on a Treaty de novo tis possible a good issue may be Expected Howeuer all faire Endeauours are to be practised that may accomplish so universall a benefitt to this Corner of ye world, I beleeue I can resolue yoT. doubt concerning what is meant by ye high Land Indians amongst us ye Wappingoes & Wickerskeck &c haue alwayes beene reckoned so And for those I dare
382 Province of New York
C- A- respond to haue them included in ye Genr" peace thus yo" (NYSL) see how that affaires now stand, & though ye Churlishnesse of ye weather will not suffer us to Acte any further (ye well Dec. 29 wishes towards it) Yett as soone as ye wayes be passable I shall be glad to giue yo" a meeting that so we may consid? ye best way & method to bring this worke to a desird Con- clusion I haue no more but wishing yo? all happinesse & a beleef that I am
Yor most affectionate humble servant
Fran Louelace. Fort James Decembr29th. 1669.
I know not if that Letter miscarryed wherein I enclosed my Grattitude for yor noble prsent wch if [it] did for ye prsent pray accept of this wth an assurance when any thing prsents itselfe worthy of yo" I shall then fynde a way to direct it to yo^
The Postscript. ST
I giue yo* hearty thanks for yor news as likewise that book of ye Relation of Mount ^Etna though that ariv'd to my hands by M? Delavall in recompence of w0!1 this day I receiued Lres both from England & Holland Those from England wryte of ye Certainty of ye Death of ye Queene Mother for wc.h ye whole Court is in mourning & are like to Continue till Easter ye Duke of Buckgingham is made Lord High Steward of Oxford ye Duke of Ormond Chancellor of Oxfourd ye L<? Roberts is gone for Ireland in ye quallity of Lord Lieueten* of it M? Henry Howard is well reel at ffosse by Taffeletta & his negotiation like to succeed Accord- ing to desires.
Collateral and Illustrative Documents 383
The Gouerno" Lre to ye Comissaryes at £• A- Albany. (NYSL)
Fort James in New Yorke this
24^ day of January 1669. Gentlemen
I Receiued yoT Lett? of ye 8*h of January by ye Indian, by w?h I understand of yoT health & welfare w?h to me was a most welcome New Yeares guift, & as it hath beene my sole Consideration yor. pe'ace & happinesse so ye continuance of it shall be my chiefest study, I am glad all ye Indians are so well disposed as to Imploy themselues to ye Beauer hunting, I doubt not but yo" will receiue ye good effects of it by yo? next yeares handling by w?h tyme I am in greate hopes to Constitute a firme peace w*h ye Indians now in Hostility wth each oth? & am sorry I haue hitherto brought it to no greater perfection but must wthall assure yo" ye fault lay not in ye least on my parte in regard M? Winthrop who gouernes those Indians (by an Accident of ye indisposition of his wife) has beene absent from his Gouernem* all this suiner & Retorn'd not till ye Churlishness of ye wintf forbad all manner of Intercourse, In ye springe I am resolued to proceed in ye worke of making a Gen?1 peace, To w?h end I haue already made some prperation thereunto w?h I beseech God to blesse, It tending so much to ye uniuersall benefitt of theise partes & perticuler yours. There is not any thing of moment yo" haue in perticuler Recomended to me if yo" had I should haue answered yo? desires, If any thing falls out in ye Interim I must recomend it to yo^ prudent manager^ till I haue ye fauour to see yo" w?h I purpose this sumer In ye meane tyme I recomend yo" to ye pro- tection of him who is able to stand by yo" in all Extremityes w?h God I beseech to blesse & guide yo" & him who is
YoT assured freind
Fran Louelace.
384 Province of New York [xix]
2C; A. The Governors Lett? to Capt1? Louelace.
(NYSL) Brothr
I Recd y0rs Of ye 2d Of Aprill 1670 by Jaques Cortelijau & haue not since had an oppertunity to retorne you an answer, neither was I much solicitous so to doe for my Expectations, were to see you here dayly but understanding of new resolutions yo" haue taken of goeing up to Albany, & Mr Delavalls occasion likewise calling him thith? I am uery willing yo" should accompany him, & ye rather in regard some Publique affaires will occurr w?h will require ye Assist- ance of some Commission1? for their dispatch, You are there- fore to assist M? Delavall in ye Execution of such things as shall tend to ye good & welfare of those partes & likewise if any priuate businesse shall fall und? yo? consideration, to determyn it as shall be agreeable to Justice & ye satisfaccon of ye oppressed amongst w?h here haueing beene a Complaint exhibited against Capt1? Baker by Jochem ye Baker & finde- ing it not onely difficult but too tedious to decide ye Con- trouersy here, I haue thought it good to transferr ye matt' to ye Magistrates at Albany togeth? w*h M? Delavall & yo? selfe as Comission™ who by this are as fully declared to be & Acte as Commissiony5 as if authorized by ye formality of a Comission, I know yo" will be vigilant to haue an inspec- tion into all matters that shall relate to ye Publique both as to ye Garrison & Civill affayres ye Account whereof I shall expect from you both not doubting but that yo* will com- port yo? selfe w*h such prudence & moderation as shall tend to ye firme Establishing of ye Publique interest there & giue me an occasion to subscribe my selfe
Yo? affectionate brother
Fran: Louelace Fort James il?hof Aprill 1670.
Collateral and Illustrative Documents 385
Instructions for M? Thomas Delavall & C. A. Captn Dudly Lovelace at their Arivall (NYSL to Albany.
1. That they show Mr. Winthrops Lett? to me to y* [Apr7°i] Magistrates there & consult what is best to be done to ye Accomplishing of a peace betweene ye Maquases and North Indians.
2. To see what Condition ye Garrison is & to Contrive a way for ye reperatien of ye ffbrt
3. To state ye Souldiers Accounts & informe me what is due to them that so they may be supplyed
4. To see in what reperations ye Confiscated houses are & (if an advantagious proffer happens) to contract for ye sale of them
5. To see how ye Excise is paid & what is in Arrears & to farme it anew for ye yeare ensueing.
6. To Examyne into M? Renslaers Rent of Corne & what he is behynde & to speed hither as likewise to put it in a certaine method.
7. To acquaint ye Magistrates that I look upon that Church & Ministry as the Parochiall Church of Albany (for so it was found EstabhYht by my prdecesso? & myselfe) & leaue ye supportation of it to ye discretion of ye magistrates to maintaine a minister eith^ by way of Taxe or otherwise & that no Inhabitant of what opinion soever be Exempt but beare his proportion, & that they giue me an Account of their transactions in this perticuler.
8. To make a prohibition that no strangers coming from hence or goeing from Albany that haue no residence at Schanecktade do trade there & that ye Inhabitants of that place be likewise lymitted as to their Trade w*h ye Indians
[25]
386 Province of New York [|fi]
c- A- 9. To inquire if it were not more advantagious to ye
2:490
(NYSL) Towne of Albany to haue anoth? house for ye Indians at ye r 1670 I Entrance of ye Towne below ye Hill that so ye Inhabitants [Apr. nj may haue an Equall benefitt of ye Trade as well those that
are below as those aboue
10. To prosecute ye designe of ray sing a Troop of horse
there of y6 w?h I recomend M? Renslaer to be Capt1?
ffrancis Louelace Esqr &c. To Silvester (NYSL) Salisbury Lieu1.
July7°3 By vertue of ye Coinission & authority vnto me given by his R. Hs. James D. of Y. & Albany &c. I do constitute & appoint you Silvester Salisbury, & you are hereby Constituted & appointed to bee Lieutenant of a Company of Foote under my Comand & Comander in Cheife of the Garrison at Albany, You are to take into yor Charge & Care the s? Garrison under mee & duly to exercise both yor Inferior officrs, & souldyrs in armes, & to vse yor best Care, skill & Endeavors, to keepe them in goofd] order & discipline, Hereby requiring all Inferior Officrs & souldyers (under yor Comand) to obey you as their Lieu*. And you are likewise to observe & follow such orde[rs] & directions, as you shall from time to time receive from mee, or other yor Superior Office according to ye discipline of Warre, Given under my hand & seal at ffort James in New Yorke this 13th day of July 1670
[Francis Lovelace.]
An Ensignes Comission to C. D. Lovelace1 — same date.
» Captain Dudley Lovelace.
See Analytical Index Vol. III.
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