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Full text of "Minutes of the Executive council of the province of New York .."

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301 



6 



MINUTES 

of the 

EXECUTIVE COUNCIL 



Frontispiece Vol. I. 




JAMES, DLKK OF YORK, AS JAMES II. 
Fruni the Original Paintinj.; by Jolm Rilev in the National Portiait (iailery, Eondon. 
( ()iif;iiial measures 47'> by 3S', j inches.) 



MINUTES of 


the 


EXECUTIVE 


COUNCIL 


of the Province 


of New 


York 



Administration of Francis Lovelace 
1668-1673 

Volume I 
MINUTES 



COLLATERAL AND ILLUSTRATIVE 

DOCUMENTS 
I-XIX 



Edited by Victor Hugo Paltsits, State Historian 




Published by the State op New York, Albany, 19 10 



CL 



^Y^-^- 



.^ <> 









^^ 



A 



Reported to the Legislature 
April 5th, 1909 
May 2d, 1910 



1, 
!«.!i 19 1911 



Albany, N. Y. 

J. B. Lyon Company, State Printers 

1910 



"^ Y 



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. 195 

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 

S 



'I, 

3, 



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. 331 

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 11 . . 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. lo, in the 
office of the Secretary of State. 

Facsimile of the Title Page of Daniel Denton'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, vol. i, p. 13, in the ofiBce 
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 J 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 w^ritersof the original manuscripts did not alw^ays 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 bf (and), a cursive writing of 
the Latin word et ; and ^ (Per). 

A mark over a letter sometimes indicates that it is doubled, 
as in coiiionly, rufie, Sumes. 
Adfnto" = Administrators. 
ats = alias. 
B = syllable her, as in Hibniae (Hiberniae), Robt (Robert), 

Decemb, (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. 
Co" and Colt: = Colonel. 

Com""% Com"^, Comii" and Com':^ = Commissioners. 
Comp" = Complaint, 
con = syllable tion in words that have it. 
Def = Defendant. 
D'^=Domine. 
Dm = Domini. 

9 



lo 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. 

Geii^'!', Geh'K Gen"" and Gen^» = Generall. 

Gent.= Gentleman, Gentlemen. 

gra ^gratia (p. 286). 

lin^Item. 

Inhitants = Inhabitants (p. 231). 

int = inter (betw^een). 

i" : 18^ : 00^ = One pound, eighteen shillings and no 
pence, English money. 

Lres = Letters. 

Magrate = Magistrate. 

Ma'^'.'^ = Majesties (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. 

^ and p= syllables, par, per, por. 

P and p = syllable pro. 

Petii^ = Petitioners. 

P»t= = Plaintiffs. 

po'^ = pound (p. 148). 

pnts= presents (p. 235). 

(p z= syllable (jzif, as in Annocp (Annoque), PubliqJ (Pub- 
lique); also used as a contraction in Esq) (Esquire). 

Rich = Richard. 

s'^ = said. 

Southton = Southampton. 

yi and * = syllable ver in Dutch texts. 

w'^.'' == which. 

Xpians = Christians. 

y = a survival and modification of an Anglo-Saxon letter, 
whose value is ih, and it is always so pronounced 
when written in the words y^ (the), y' (that), 
y" (them), y" (then), y'' (they). 



Opposite p. II. 




'po/lMv, 





tiuiou 




AUTOC.RAPHS OF THE FIRST AND SECOND ENCEISH 
GOVERNORS OF NEW YORK. 



(Kxact Size.) 



INTRODUCTION 



THE Minutes of the Executive Council of the Province 
of Nev? York span more than a century of time. They 
embrace virtually the entire English colonial period 
of New York, and represent official administrative materials 
of the first magnitude.' 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.^ 

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- 

' 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,' 
engrossed deeds,- and original colonial manuscripts ^ 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 

' 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 .\rchives of the New York State Library. 

' In the office of Secretary of State, from which a few patents were also 
procured. 

' Volumes of the heterogeneous collection known as New York Colonial 
Manuscripts, in the archives of the New York State Library. 



Introduction 1 3 



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 NicoUs, 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- 
ino- 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 Citv, 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.' 
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.- 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. ^ 

The council minutes now printed in this volume cover 
one hundred and fifty-nine pages of a small folio volume 
lettered " COUNCIL/MINUTES/3/1668-1678/SECRYS/ 
OFFICE." The volume has also an early manuscript 
index, for 1 668-1 673, 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 

• For example, I have planned to collect from various places those of the 
court of assizes, to form a future publication. 

2 See Tragedies in New York's Public Records, by the present State His- 
torian, in Annual Report of American Historical Association, 1909. 

' 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 (Af. Y. 
Laws, 18S1, ch. 120). 



i6 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"' 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.l-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,- 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 misrng 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 Slough ter, 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.' 

When the first regular colonial legislature ' was convened, 
in 1 69 1, 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 ()th 
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 



' 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, S., 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. 

[2] 



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 1 679-1 685. The executive and 
legislative functions were mingled in vols. 9 to 17 (1702- 
^736)> and the legislative minutes that have been printed 
v^ere 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. 

' Calendar of Council Minutes (Albany, 1902), p. 3, ff. 



MIN UTES 



1668-1673 
19 



Opposite p. 21. 



% ^fP ^ 









/^ii\i(^i,fa/X ■f^riiyinl-fi A'rt-i/o-iuM i^^an J^,,j 



/ 



Jivm •/ 



FIRST I'AGE OF II IF COTNCIL iMINU'lKS. 

(Rcducfil fr.iiii IIU' by 7Vi Inches.) 



[slpt*2] Executive Council Minutes 21 

[i] At a Councell held at Forte James in New 
Yorke y^ 2"? day of Septem: 1668. 
Present. 

His Honor y" Governor 
M'' Mayor 
Cap* WiUett 
M^ Whitfield 
The Secf:' 

It is this day Ordered, That a Fast or Day of Humiliation A Fast 
bee kept throughout this Governm? to deprecate Gods ''^ ^^' 

. . . . pointed. — 

afflicting hand from us, & to imprecate his Blessing upon 
the Governor & Governm'; To w'^'^ end a Proclarnacon is 
to bee issued forth.//- 

Ordered, That Tuesday next bee y® day appointed to bee 
sett apart being the 8'^ of this instant Month, for the City 
of New Yorke & the Libertyes thereof.;!' 

Ordered, That Tuesday Fortnight following being the 
22"' day of this Month bee observed in like manner for the 
Inhabitants of Albany & y*^ Sopez,^ & soe likewise through- 
out all y'^ rest of his Royall Highness Territoryes upon 
Long Island &c:// 

Ordered, That Proclamacons 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. ^ 

' Francis Lovelace, governor; Cornelis 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. 

' 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 Utt^s] 



merce. 



[2] At a Councell held Septemb"^ the 3"^ 
1668. &c: — 



Present. 



The Governo"^ 

M"" Mayo'' 
Cap' WiUett 
M^ Whitfield 
The Secret""^ 

Settlem* The Matt^ under consideracon was about y^ Settlem' of 

of Com- Commerce between this & the Neighbo'' Colonyes in the 
West-Indyes &c: the w^*^ 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.//' 



Nov; 6. 1668. Before noone. 

At a Speciall Meeting appointed by 
the Governo'^ to heare a Matt"^ in 
Difference between — 
The Inhabit'? of New Harlem \ 
by Dan: Turnier, Jn° Vervelen > P'.'^ 
Resolved Waldron, & y" Constable^ j 

John Archer Def' 

Their Peticon by way of Plaint is read & their Patent 
produced.// 

' Collateral and Illustrative Documents, No. II. 

= Daniel Tourneur, whose name is also found in the records as Temeur, 
Turneir, Turnier and Turner, was then deputy sheriff ; Johatmes 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 0/ 
New Amsterdam, vol. 6, p. 150. 



Wov.^] Executive Council Minutes 23 

[3] The Def denyes any Clayme to y^ Lotts upon the Difference 
Maine N° i. 2. 3. 4. w"^ w'^'' hee is charged, but hath pur- ^^°"^' 
chased Land near adjoyning that was the Youncker Van der 
Duncks;' 

It being taken into Consideracon, It was order'd^ That 
the Def doe bring in the Pa' for the Younckers Land in 15 
dayes time, w"" what Right hee hath to the Land where hee 
hath built, at w'^'^ time some Persons shall bee appointed to 
view the Meadow belonging to Harlem^ upon the Maine, & 
to make Reporte how it may bee preserved from the Def?^ 
trespassing on it, w'''' said Persons shall also bee ordered to 
view the Passage at Spiting-Devill, how it may bee made 
convenient for Travailers & Drift of Cattle, y*" fferry at 
Harlem being found incommodious, & not answering the 
Ends formerly proposed. y* 



After noone.// 

The other part of y* Comp^' about a piece of Land upon Debate 
the Manhattan Island by Spiting Divell said to bee bought about 
by the Def' from Lamberts & Cockijt^ being heard; 

' Adriaen van der Donck and his colony of Colen Donck. 

2 Collateral and Illustrative Documents, Nos. Ill and VII. 

' As to the line drawn for the " Range of Harlem Cattle ", March 20, 1665/6, 
there is a record in Orders, Warrants, Letters, vol. 2, p. 32. 

' Collateral and Illustrative Documents, No. IV. 

' Joost Kockuyt (also Cockhuijt, Cocquijt), a native of Bruges, in Flanders, 
came over by way of Holland in 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 NicoUs 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 Uo^^e] 

The Def was askt by the Governo'^ how much hee gave for 
theLand,hee answered hee gave 600 Guild''''&spent 40 Guild''^// 

The late Governo''^' Reasons for not confirming the Old 
Patent, in regard it might bee injurious to y" Towne of 
Harlem were considered.// 

The long time since the first Grounde-Briefe [4] was given, 

& noe Settlement since; 

The small Consideracon given; 

Vpon Mature Consideracon &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 y* 

. pretended Proprieto''.'' what their first Sale was for.= 

And that when the Persons goe to view the Passage &c: 

they are to see that Copeall^ have no prejudice. &c: — 

adjudicated at the court of assizes by an order dated June 22, 1670, and 
Rich;ird 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 w^'^in 
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 othT 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- 
ellers & other persons passing that way w'^ 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, 26S; Orders, Warrants, Letters, 
vol. 2, p. 318; Court of Assizes, vol. 2, pp. 553, 555; .V. 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. 

' Richard NicoUs. 

2 Collateral and Illustrative Documents, No. III. 

2 This nickname, here applied to John Archer, had been applied to his 
father who, in 1658, is called " Jan Aarsen, from Nieuwhoff, commonly called 



[hov^L] Executive Council Minutes 25 

Novem: 2i*> 1668. 
Present. 

The Governor 
M"" Mayo'' 
M-^ Bedloo 
M"^ Boone 
The Secret. 

John Archer according to the Order of the 6*'' Instant' 
appear'd to make out his Title. /S' 

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 towm 
of Fordham brought suit against him for " taking uppon hiraselfe to Ruel 
and Governe over them by Rigur and force," and the mayor's court, Sep- 
tember 8, 167 1, ordered him " to behavie himselfe for y? future Civilly 
and quietly ag=« y? Inhabitants." — Riker. Revised History 0/ Harlem 
(1904), pp. 248, ff. ; Court of Assizes, vol. 2, pp. 19-21, 200, 644; Mayor's 
Court, New York City Records, in N. Y. Col. Docs., vol. 13, p. 459; Deeds, 
vol. 2, pp. 138-140, in ofiice 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 

LNov. 21J 



TheOrdr \ 



George 
Tippett 
for un- 
lawful! 
Markes. — 
Vide y« 
Records 



Whereas by an Ord"' of y^ 6"" 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 y^ 14"^ day of fFeb*^^ next 
to cleare his Title; In y^ mean time hee is to remaine where 
hee is without Molestacon; [hee givinjg ' noe [Dijsturbance 
to his Neighbours.// - 

[5] It is likewise Ordered, That in pursuance of the former 
Ord'' some Persons shall bee appointed to view y" Land 
where Jn? Archer now lives, & the Meadowes belonging 
to Harlem upon the Maine, as also about the Passage at 
Spiting Devill for y^ conveniency of Travellers, & p''servacon 
of Cattle upon the Island, when the fferry at Harlem is to 
bee removed.// ^ 

An Order to bee made to release the Cattle under Arrest 
at Harlem, belonging to Jn° Archer.// * 

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.// ^ 

' Origiual mutilated. 

= Collateral and Illustrative Documents, No. III. 

' Collateral and Illustrative Documents, Nos. Ill and IV. See also Records 
of Ne^' Amsterdam, vol. 6, pp. 83-84, 130, 170. 

« Collateral and Illustrative Documents, No. III. 

' George Tippett or Tippetts is put down as " of fflushing " in a list of 
August 12, 1667. — Orders, Warrants, Letters, vol. 2, p. 180. In the inventory 
of his estate, September 29, 1675, he is called " of Yonckers, late deceased." — • 
Collections of N. Y. Hist. Soc, 1892, p. 35. His widow, Mehitabel, was 
married to Samuel Hitchcock. — Pelletreau. Early ll'ilb of ]Vestchcster 
County, p. 3S5. 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 wl*" have no perticuler Owner so of Consequence belong 
to his Royall Highness as Lord Proprietor " — Court of Assizes, vol. 2, p. 474. 



[Feb!«-33.] Executive Council Minutes 27 



Severall Ord"^."" made by y" Governo"^ These 
at New Harlem. Feb: 22. & zf^ 1668. Ord-^re 

•^ upon Rec- 

The Governo^ having w him some of ord eise- 
y^ Councell & others of the Bench at New where.# 
Yorke.// 

It is this day Ordered,' that a Convenient Waggon-Way 
bee made between the City of New Yorke & this place; to 
w*^*" end foure Com"" shall bee appointed (viz' two on each 
part) who are to [6] View & consider of y'' most convenient 
Passage to bee made. ,7 

The Com"^ of New Yorke are to bee those, who formerly 
were nominated Overseers for this yeare; Viz' Thomas 
Hall - & Gerritt Hendricksen; For the Towne of Harlem 
Daniel Turneir, and Resolved Waldron.i/ 

That these foure Commission'^^"' meet to view the said Way 
on Thursday next being the 25"' 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, & y*^ Towne of 
Harlem, from thence to their Towne.// 

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 in lieu 
thereof to " receive y'' 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. 

' Collateral and Illustrative Documents, No. V. See also Riker. Ibid, pp. 
233> 252, ff.; 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 limes. New Amsterdam and its People, pp. 
326-328. 



28 Province of New York [peb^zf-.j] 



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 ffailing in 
either of them.* 

That y" appointed Comii" 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 y* Woods upon this Island shall have a marke of Dis- 
tinction upon them; ' That is to say, Those belonging to 
New Yorke, the Bowery & parts adjacent are to have a 
Brand-Marke w**" £/ upon them; & those of New Harlem 
w^^ /J-/ ; And that 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 y'^ Com- 
mission'^^' at any of the times appointed to attend the laying out 
of the way, hee may send a fitt Person in his Place, w*^*" 
John Vigne ^ is adjudged to bee, if hee come for h'lm.if 

'In 1 67 1 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. 

2 John Vigne, whose name appears in 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 bom in New Netherland. For a sketch of him 
and related data see Innes. New Amsterdam aitd its People, pp. 298, 306-308. 



[Fe'b.%] Executive Council Minutes 29 



Feh'y 23' 



An Ordr 
about y* 
difference 



Whereas y** Inhabitants of y'' Towne of West=Chester 
having timely Notice of the Governours Intent of being at 
New Harlem upon the 22"" of this Month, to enquire into & 'between 
issue severall Differences relating to their Towne, as well W: Chestr 
as other Matt"? between the Towne of New Harlem & Jn° 1 ^^^ ^^^ 
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,' 
That M!" Jn° Richbell of Momoronock,^ M'' W" Laurence 
[8] of fBushing, Jacques Cortilleau of New Vtrecht, Resolved 
Waldron of New Harlem & M'' Thomas Wandall bee & 
are hereby appointed Commission? to view y" Lands, & to 
examine into, heare, & determine the severall Matt''.^ & 
Cases in Difference between the Towne of West Chester, & 
Mr \Yin Willett about Cornells Neck^ and also between 
them & Thomas Hunt * about his Commonage & Watring 
Place upon Throgmortons Neck, & what else there may bee 

' 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. 

' Mamaroneck, Westchester County. 

' This is Black Rock. It was originally named from Thomas Cornell to 
■whom Kieft had granted it in 1646. It is also given as " CornhUls Neck " in 
the earliest English records. — Deeds, vol. 2, p. 69. See Bolton. Hut. of 
the County of Westchester (edition of 1881), vol. 2, pp. 270-275. 

' 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 jm^y " That hee Bought of the Pi* the Land called 
Spicers and Brocketts Neck, upon part of w'^^^ 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). 
Herrmau's suit at the assizes is in ibid, pp. 46, 53, 59-61, 105, 129-130, 724. 
Thomas Hunt, Sr. died February 8, 1694/5, ^^id by his will left his estate of 
" the Grove Farm," in 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, £f. 



30 Province of New York [peb-^sj 

about the Patent granted to Hugh Oneale & Mary his 
wife for the Land comonly called the Jounckers Land,' or 
any other Affayre of the like nature; to w"^'' the Towne of 
Westchester hath relation, w"^ said Commission''.' are to 
meet about those Matt*^^' with all convenient Expedicon; & 
to give a finall Determinacon thereof; To w'^'' when they 
have rendred mee an Acco- I shall give my Confirmacon.// 

' See Collateral and Illustrative Documents, No. VII. Adriaea 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 y*^ Place of her abode," with horses 
and mares received in part payment for her and her husband's property in 
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 iSSi), vol. 2, pp. 576-586. On the 
career of Adriaen van der Donck, see address before the Westchester County 
Historical Society, November 22, 18S8, 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 Beschrijvinge van Nieuw Nederlanl, was first pub- 
lished. A second edition appeared in 1656. 



r 1669 1 




Executive Council 






At a Councell held June 


Present. 




y" 28'.'' 1669. 




The 


Governo!" 




M' Whitfield 




The 


Secret'7 


Theli 


tihab'- 


' of Boswijck - - P''.= 


Theli 


ihabV 


' of Newtowne Def = ' 



31 



[9] Those of Boswijck produce y'= Ordr at the Geii^"!' 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.^if 

Together w"" M'' Robert Coes Testimony Viva Voce, & 
M"' Richard Gildersleev's Senr M'' Robert Jacksons = & 
Rich*? Gildersleeve's Jun!" Deposicon that this Meadow in 
question was layd out a long while since for Newtowne, 
before Boswijck was a Towne.i? 

An Ordr issued out hereupon to endeavour an Accomoda- 

' 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 fflushing Creeke." — Brodhead. Hist, of N. Y., vol. i, p. 693; 
Court of Assizes, vol. 2, p. 42S; Orders, Warrants, Letters, vol. 2, p. 76. 

2 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 Uutt^sl 

con, but at length it was referr'd to y'' Co"^ of Assizes for a 
Determinacon, y^ former not p''vailing.' 

Monday June y" 28'.'' 1669. as before. 

ALett'^tobeewritteninAnsw''toM'' Mulford ScM"^ Jamesr 
J ffirst, To give them thanks for their Care in enquiring into 
the Matt^? of y*^ Indyans; That if they shall finde the Occasion 
pressing, to send to all y^ Commission" 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 y^ Commission" enquire into y" Matter of imposing 
a Tax upon the Indyans as formerly, whither it may bee 
thought necessary or convenient, & to returne their Opinion 
hither.// 

That M"' James have a Lycence to sell such small quan- 

' Heard at the court of assizes, November 4, i66g. 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. 

'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 y^ Indyan Affaires in y^ 
Hast Rideing." — General Entries, vol. 4, p. loi. See Genealogy of the Family 
of Mulford, Boston, 1880, p. 4; also the same in New England Hist, and 
Geneal. Register, k-pri\, 18S0. 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). 



Iju'iy*^^3i] Executive Council Minutes 33 



tityes of Powder &c: & that hee bee freed from Taxes as 
hee desires.// 

That Will y" Indyan ' bee Ordered not to come into East 
Hampton or any of y^ Townes aty*^ East end of Long Island; 
ffor the w^*" an Order is to bee made, & hee to bee acquainted 
therewith. iC * 

July 3I*^ 1669. At Fordham. 

Vpon Acco' of the Difference between Jn° Archer, & 
Wittm Betts ^ & George Tippett, It was Ordered " as 
foUowes. Viz' — 

• 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 the 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 NicoUs'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 y^ Escape of 
Will the Indyan of y"^ 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 in A^. 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. 

= 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. 

' Collateral and Illustrative Documents, No. III. 

[3] 



34 Province of New York [jJif 31] 

[11] That in the Matt' of the Difference between John 
Archer, & W"" Betts, Tippett &c: 

It is Ordered, That Jaques Courtelyou ' bee sent to view 
& lay out Archers thirty Acres, & y* 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 M"' 
Vervelen.iT ' 

That Archers bee good Substantiall Meadow, & Betts 
&c: to have the rest.// 

' Captain Jacques Cortelyou, Cortileau, Cortilleau, Cortelijau refused the 
office of schout of New Amsterdam in 1654. He was a teacher in the family 
of Cornelis 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 " Surveyo"' Gen'" in theise his R. H^': his Ter- 
ritoryes," in March, 1670/ 1, " to measure or lay out Lands or Lotts of ground 
w';^ shall at any tyme be ordered by me, as also for any private person w^'' 
in y"^ Governm' who shall employ him for y^ bettT ascertaining y^ Lymitts 
& bounds of Lands or houses betweene one person & anothr " Lovelace 
also commissioned him. May 4, 1672, as " Vendue-Master of Flatt-Bush, 
and y^ rest of the Dutch Townes in y^ West Rideing of York-shire ujjon 
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 oi a. 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, 1S84), 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- 



Uil^'ii] Executive Council Minutes 35 

[August 11''' 1669.' 

At a Councell then held at fFort James in New Yorke on 
y" Island Manhatans before his Hono*^ y^ Governor 

M^ Thorn: Willett 
Mr Ralph Whitfeild 
both of y'' Councell 
then present. 

Perewyn Sachem of y" Hackensack Toppan & Staten 
Island Indians appeared this day in y^ behalfe of those 
nations (being lately chosen their Sachem) desiring y® 
freindship & amity they lately had w"' us in y'^ tyme of y? 
late Governor Co^ Nicolls might be continued w?'' his Hono^ 
y? p'^sent Governor 

The Governor answered it should be continued as longe 
as they carryed themselues well 

The Sachem then p'^sented a band of Seawant to his 
Hono'' w''*' he said they receiued from y? Maquesses upon 
concluding yf peace w?^ them desiring it might be kept that 
if y*^ Maques should fall out w!'' 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 yf Indians then p^'sent (in owning 
him so to be) held up their hands 

His Hono?^ then ordered that a Letter should be wrytt to 
y*" Com'^ of Albany to signifye to y'^ Maquess & Synakers 
that y" Sachem of theise Nations hath declared y" peace 
they made w.'^ 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 

' This 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 [slpt^] 

hath beene demaunded or Exacted it hath beene w^'^out y^ 
privity or ordr of y*" Cheife persons amongst them.] 

At a Councell. Sept: 9*^ 1669. 

Before the Governo' 
Present 

Mr Whitfield 
Mr Nicolls. 

The Busynesse of Esopus taken into Consideracon.// ' 
It is Ordered That y'' Garryson at the Esopus shall bee 
henceforth Disbanded, and Dismist of their Military Employ- 
ment, They [12] being a needless Charge to y" Duke.// - 

It is Ordered, That Commission" bee appointed to goe 
up to Esopus to whom some others there shall bee joyned 
to Regulate tlie Affayres of Esopus and of the New Dorpes.^ 

That y Persons appointed for Commission"'.^ bee 

M^ Ralph Whitfield — Preside 
Cap' Jn? Manning 
Cap' Jacques Cortelijau 
Cap' Thom: Chambers 
Mr W" Beakman — Schout 
M'' Henry PawHng 
M'' Christopher Berrisford. 
Of w''^ 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.* 

• 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). — A'. 1'. Col. 
AISS., vol. 22, p. 99, under date of September 17, 1669. 

'Collateral and Illustrative Documents, No. X. The commission was com- 



[se'pt^'ij Executive Council Minutes 37 

Sept. I4*^ 1669. 
At a Councell held by y^ Governor &c' 

Present. 

Mr Whitfield 
M.'' NicoUs. 

Vpon y° 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 y*^ Long ffinne - 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 y^ Matter of ffact, w'^'' is of soe heynous 
& high a Nature.// 

That all Persons who have had a Hand in y'' 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, i66g. 

' Captain John Carr, son of Sir Robert Carr, and commander-in-chief of 
the Delaware, at Newcastle. 

= 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 "y^ Long 
ffinne called Marcus Jacobsen " and " Marcus Jacobs comonly called y" 
Long Finne." He set up the false claim of being a son of the famous Swedish 
general, Covmt Konigsmark. — Collateral and Illustrative Documents, No. XL 
These documents give the names of his partisans and his deluded followers. 



38 Province of New York [oct^.s] 

Octob. iS'."- 1669. 

At a Councell then held &c: 
Present 

The Governor 

M'Tho: Delavall 
M^ Ralph Whitfield 
M'' Thomas Willett 
The Secretary. 

The Matt''? under Consideracon were, y*^ Insurrection at 
Delaware occasioned by the Long ffinne,' & y® Rape Com- 
mitted by an Indyan there.- // 

[14] Vpon serious & due Consideracon had of the 
Insurrection begann by y" Long ffinne at Delaware, who 
gave himselfe out to bee Son of Coningsmarke a Swedish 
Generall, & y" dangerous Consequence thereof, It is adjudged 
that y^ said Long ffinne deserves to dye for the same, Yet 
in regard, That many others being Concerned w"' 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 w"' 
the Letter (R.) with an Inscription written, in great Letters 
& putt upon his Breast, That hee receiv'd that Punishment 
for Attempting Rebellion, after w''*' that hee bee secured 
untill hee can bee sent & sold to the Barbados or some other 
of those remoter Plantations. 

That y" Chiefest of his Complices & those concerned 
with him most doe forfeit to his Ma'i^ 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 

' Collateral and Illustrative Documents, No. XI. 
* Collateral and Illustrative Documents, No. XII. 



[oc^'a] Executive Council Minutes 39 

which shall bee left to the Discretion of the Commission'^'* who 
shall bee appointed to make Enquiry into, & examine the same. 
That the Indyan' who Committed y'= Rape [15] upon y'' 
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 y"^ Sachems under whom 
hee is bee sent to that they Deliver him up that Justice may 
bee executed upon him accordingly. 

By Ord^ &c:— 

Octob: 18*'' 1669. Munday After- 
noone. 

At a Councell held upon Munday 
After Noone at the Custome 
House, Die & An? supra- 
scriptis. 
Present 

The Governour 

M-^ Delavall 

M^ Willett 

M^ Whitfield 

The Secretary 

W Van Ruyven ^ ) 

Collector of y^ Customes. ) 

It was Ordered y' Tobacco Exported for Europe shall 

' Collateral and Illustrative Documents, No. XII. 

2 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 
" of all & singvdar his Ma'."^^ 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 Ijan7°s] 



pay as an Acknowledgment to his Royall Highness two 
Guilders Wamp'" per Hogshead. 

That Sugar Exported from these parts thither shall pay 
2^ per Cent, in Beaver. 

[i6] That Beav? to bee Exported for Europe shall for the 
future pay but 7 & ^ per Cent, in lieu of lo^p Cent before; 
In regard It is adjudged that 2 & ^^ is paid in England, soe 
that here & in England makes up the just Proportion of lo 
per Cent, as formerly. 

All other grosse Goods not here particularly specifyed, 
which shall bee exported as before, shall pay {ad valorem) 
one & J per Cent.// 



JanV 25^'' 1669. 
At a Councell then held &c: 



Present 



The Governor 
M-- Delavall 
The Secretary. 

other parte place or Creeke w"'in 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 maimer be Exported." This commission, 
dated May i, 1668, was " Deliuered Nouembt 24th 1668," as stated in the 
records. — Orders, Warranis, 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 NicoUs and Lovelace. — Orders, Warrants, Letters, vol. 2, 
PP- 3S.3. 435; Deeds, vol. 2, p. 21. For other personal data see Bergen. Early 
Settlers 0/ Kings County, p. 360. 



LranJis] Executive Council Minutes 41 



The Sentence against y*" Long Finn taken into 
Consideracon.' 

It is ordered that two Warrants bee drawn the one to Mr 
Cousseau - to receive, 'tother to Cap? Manning y" SherrifFe, 
to deliver y'' said ffinne according to the Sentence.^ 

The Matter about W"? Douglas taken into Consideration.' 

[17] The Comp'.' from y*^ 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 Speciall 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 y" s"^ Douglas hath behaved 
himselfe soe ill at y® Whore=KilI, hee shall bee Continued 

' Collateral and Illustrative Documents, No. XI. 

2 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 y'= 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, 5S2; 
General Entries, vol. 4, p. 220. His wife, Magdalin du Tillett, was given a 
certificate by Governor NicoUs, 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 in 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 in 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 [ ApZ". ] 



in Prison untill farther Order, but that his Irons bee taken 
off. However if hee can give Security not to returne to y'-" 
Whore Kill &c: hee may bee Discharge!.' 

Friday Apr: i^.' 1670. 

Before y^ Governor 
Pres? 

The Governof 

M' Delavall 

The Secretary. 

A Peticon from Abraham ffrost to have a Review of y*^ 
Action upon w'^'' Execucon hath been granted against him 
at y^ Suite of William Osborne, & another of John ffirman. 

An Ordr issued forth hereupon, to w*^*" Reference is to bee 
had.= 

[18] M- Nicasius de Sille's & his Wives ^ Case, the which 
hath been under Consideracon before five persons of this 
City nominated by the Mayo% by vertue of an Ordr from 
y® Governor 

The Governo.*" & Counsell having perus'd the Result of 
y* Commission?, & fully considered of the Matter, issued 
forth an Order thereupon, to the which Reference is to bee 
had.// * 

' Collateral and Illustrative Documents, No. XIII. 

2 Collateral and Illustrative Documents, No. XIV. 

' Nicasius de SUle 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 



[ap*!"?] Executive Council Minutes 43 



The Peticon of Nicholas Wright ' concerning his Daughter 

& her Husband Eleazer Leveridge. 
An Ordr issued forth, to y^ w'^*" Reference to bee had.//^ 
The Busynesse of Staten Island to bee respited untill the 

Indyans according to Order doe appeare about their Title, 

w*^*" is to bee on Wednesday next.^ 



Presen* 



[19] At y" Fort Apr: 7'^ 1670. 



The Governor 
M' Delavall 
M"" Mayor 
M'' Van Ruijvn « 
The Secretary. 

The Indyans who p'^tend an Interest in Staten Island ' by 
Appointm' appear'd before y" Governor; They did not come 
Yesterday (y" day p'^fixed) being hindred by Windy Weather. 

It was askt of y'' Indyans, how they could make it appeare 
that they were y*" Owners of Staten Island, the w''*' at y'' last 
Meeting they undertook to doe. 

They say there are five Principall Owners, the rest are 
only fFriends. 

It was demanded what the first Own*^^^ Name is, they hav- 
ing markt out y" severall Divisions, beginning at the South. 

' Nicholas Wright, of Oyster Bay. His will, dated April lo, 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. 

2 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. 

' So in the original for Cornells van Ruijven. 

• Collateral and Illustrative Documents, No. XVII. 



44 Province of New York [ap^'M 

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 3*^ 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 5*^ Wewonecameke of Staten Island. 

Three of these were named at Staten Island — the other 
two not.// 

[20] Its askt, if these before-named are y^ Right Pro- 
prietors & noe other .'' They say, Yes, & can make it 
appeare; The 2 auncient Men who speak for the rest doe 
not p'tend to have any Interest in the Island, but are entrusted 
for the rest, who they know to bee Proprieto" 

It's demanded of them if they or any of them have heard 
of the Names in the Dutch Records of w'^'^ 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.' 

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 

» 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 lo, 1630, 
is in Book CG, p. 6. There are correlated records in New York Colonial 
MSS. (deposited in N. Y. State Library), vol. g, pp. 622, 625, vol. 11, pp. 53, 
54; vol. 12, pp. 61, 69; vol. 13, pp. 42, 96, 144; vol. 14, pp. 30, 43. 



[apJ.°7] Executive Council Minutes 45 



Land againe after it had been sold 40 yeares agoe, their 
Children 40 yeares hence may doe y" 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 oflF & leave it.// 

They are told how it is made appeare y" Island hath long 
since been bought; However in Consideration of their quiet 
Leaving y* Island a Present shall bee made them somewhat 
extra[or]dinary for their Satisfaction. y 

[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 
^ch Warriner, & 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 Governo'^, & 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 

'This deed bears date of July lo, 1657. The purchase was annulled, how- 
ever, December 22 of that year. — N. Y. Col. MSS., vol. 12, pp. 61, 6g. In 
the deed the three Indians are given as Waerhinnis Couwee of Hespatingh; 
Acchipoor of Hweghkongh, sachetn and chief warrior; and Minquasackingh 
of Hackingsack. 



46 Province of New York [Apr!",] 

30 — Ells of Redd Dozens, w"^** 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 y*^ 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 Governo?' To-Morrow.y 



Pres' 



At y Fort Apr: 9'.'' 1670. 



The Governor 
Mr Delavall 
Mr Mayo!' 
Mr Van Ruijven 
The Secretar. 

The Busynesse was againe had under Consideracon 
about y*^ Indyans Pretences to Staten Island. 

The Indyans brought only Aquepo w'*' them; theysay 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 y'^ Governor then promised y® 
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]no'' will now make good [23] that 
Agreem*, whether they are content to quitt the Island. 



[Apr!°9] Executive Council Minutes 47 

Aquepo p'tends, It was Agreed but for a part, but they are 
told j^ Record mentions the whole Island, w'''' 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 y® Indyans present lay Clayme to y^ Land by 
Harlem, but y^ Records shews it was bought & paid for 44 
yeares agoe.' 

It being askt what they demand more then was Agreed 
formerly; 

They desire to know what y'^ 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. 
300^ — 600 — ffathom of Wamp™ 
30 — 60 — Match Coates 

5 — Coates of Dussens made up 

30 — 40 — Ketdes 
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. 

' 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. 

'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 [ap'.'%] 



Afternoone. 

It's offerd to make an Abatem? as is in y" Margent. 
The Indyans ask more lOO fFathom of Wamp™, lo Kettles 
& 10 Gunns. 
The 100 ffathom of Wamp™ is consented to; 
The Governo!" offers more to give them 3 halfe flFatts 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 p''sent & 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 y^ name of Warriner. 

Apr: 13'.*' 

The Sachems appeare, but not all, those that appeare for 
them absent are written above over against them.' 
There appeare 4. 

' Collateral and Illustrative Documents, No. XVII. The text is taken 
from the original indenture deed owned by the State, formerly in Land 



[May°,i] Executive Council Minutes 49 



The Payment is made, & Deed of Conveyance signed. 

Possession of y'' Island by Turfe & Twigg was given by 
y'' Indyans the l"^^' of May following to M"^ Thomas Lovelace 
& M' Matthias NicoUs Deputed from the Governo'* ' 

[26] At a Councell held at y^ 
ffort May y" 14'^ 1670. 
Present 

The Governo'' 
Mf" Delavall 
Mr WiUett. 
The Secretary. 

Mr Mayhews Busyness of Martins Vineyard to bee taken M"^ May- 
into Consideracon first./? ^ ^^^" 

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.^ 

Papers, vol. i, p. 34, but transferred, in 1908, to the archives of the New 
York State Library. Five Indians, on April 13th, signed by marks for them- 
selves and two of them signed again by marks on behalf of two absentees. 
On April 15th, 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 Magaziiie, vol. 10 (1866), pp. 375-377, and varies from 
the State's complementary deed in several particulars. 

' Collateral and Illustrative Documents, No. XVII. 

2 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 



r 1570 1 

LMay 14J 



Connec- 

ticott 

Bounds. 



Capt 
Baker. 



It is Ordered, That a Lett^ bee sent to Mr 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 p'^tences, or lay Clayme to any of 
those Islands, to lett them know that within the space of 
two Months y^ Governo"" 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.// 

M^ 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.' 

The Busyness about Connecticott Bounds & their New 
Settlements neare Hudsons River, taken into Consideracon.- 

It is Ordered to bee referr'd untill an Inter View between 
the Governo", as also that of the Motion of peace between 
the Maques & North Indyans,^ w'^ that of y^ Warr between 
ffrench & Dutch. 

Cap' Bakers Busyness considered of.* 

' 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. 

3 The Mahican. 

* 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 



[Ma*/°4] Executive Council Minutes 51 

It is Ordered, That Cap* Baker bee dismist his MiHtary 
Employment, both at Albany, or any other part of the Gov- 
ernm* &c: 

Cap? Salisbury to bee in his Place.' 

The Busyness of Eleazer Leveridge & his reputed wife I Leveiradge 

Rebeckah taken into Consideracon.^ I his wife 

follow yo'' owne humo"' but my [our] ord''.^" He was not to let his " eares 
be abused with private Storyes of y*' 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 y<= 
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 ktters 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. 

'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. 

! Collateral and Illustrative Documents, No. XVI. 



52 Province of New York [ ju^J''^ ] 



It is y Opinion of Mr Delavall, Mr Willett, & y^ Secretary 
that there is sufficient Occasion of a Divorce, & also some 
Allowance from the Man to the Woman out of his Estate.* 

[28] At y" Fort July 7'^ 1670. 

Before y" Governor 
Pres? 

The Governor 
M^ Delavall 
The Secretary 

The Matter under Consideracon is y^ difference between 
John Archer for ffordham, & the 3 ffarmes — Betts, Tip- 
pett, & Heddy — touching their Meadow.' 

Archer claymes 30 Acres as sold him by Doughty, Betts 

claymes y"^ rest, & y" Swamp. The Swamp lyes under y*" 

Towne, & cannot bee accompted Meadow, as both Mr 

For ye ] Jacques Cortelijau & Mr Thomas Rider Surveyo'^^' doe 



At y'= Fort July 7*^.^ 1670. 
Before the Governor 



Ord-^ vide report- An Order hereupon.^ 

ye Records J 



Mrs Harri-i Vpon y" Complaint of Thomas Hunt Sen^ & Edward 

soa & West- ^ Waters ^ on behalfe of v'' Towne of West Chester against a 
Cbesf I 

' 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 Asshes, vol. 2, pp. 289, 296, 301, 30S. 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. 

' Collateral and Illustrative Documents, No. III. 

» Edward Waters, constable of the town of Westchester, was one of its 



[j'luj",] Executive Council Minutes 53 

Woman suspected for a Witch who they desire may not 
Hve in their Towne; The Woman appeares with Cap' Pon- 
ton ' to [29] justify her selfe; her Name is Katharine 
Harryson.- 

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. 

'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, bom February 10, 1654, was the 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 y'' 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 w"^in this Government." — Court of Assizes, vol. 2, pp. 
38-42- 



54 Province of New York [kIH^^] 

The Ord^ drawn at large, to w'^'' Reference to bee 
had. 

The Courts Ordr at Har[t]ford, was as followeth.' 

Cor' of Assistants Har[t]ford May 20'.*' 1670. 

This Co''' having considered y*^ Verdict of y® 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 Imprisonm', Shee 
paying her just ffees to y" Goaler; Willing her to minde y® 
performance of her Promise of removing from Weathers- 
field, w'^ is that, as will lend most to her own Safety & y^ 
Contentm' of the People who are her Neighbo'^^^* 

Daniell Garrad is allowed for keeping Goodwife Harryson 
five pounds. 

Extracted out of y" Records of y^ Court. 
P me John Allen Seer. 

[30] At the Fort. Aug: 24'.^ 1670. 
Pres.' 

The Governor 
M^ Delavall 
The Secretary 

The Matt!" to bee considered of is the Complaint of y" 
H^rison"^ hTowne of West-chester against Katharine Harryson Widdow 
suspected of Witch-craft &c:- 

They being all appointed to appeare before the Gover- 
nour this day; 

' 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 Wetliers field. Conn., vol. i, 
pp. 682-684. 

' Collateral and Illustrative Documents, No. XXI. 



UigJ^J Executive Council Minutes 55 



There appeared for y^ Towne Edward Waters Constable 
& John Quinby; 

ffor y° Woman Cap' Ponton, Thomas Hunt Sen'', & Jun'',' 
Roger Townsend,^ & one More.' 

Cap? Ponton produced a Lett!' from Cap* Talcott * to him 
in Justification of the Womans Innocency, & another Letter 
from John Allen Secretary of Connecticott Governm?, in 
excuse of not sending y^ Womans Papers. 

Josiah Willard being 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 p'sent) 
by y® Constable, but hath nothing to say further. 

It being taken into Consideracon, It is Ordered that the 
Discussion of this Matter bee referrd [31] to y*^ next Gen".' 
Court of Assizes; In y"^ meane time that shee give Security 
for her good Behavio'', during the time of her Abode amongst 
them at West-Chester.// * 

' 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 CoT*," 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 0/ 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, 1S92, pp. 28, 38. 

8 The meaning here seems to be that one more, besides those named, 
appeared for Mrs. Harrison. 

'Captain John Talcott, of Hartford, and treasurer of the colony of Con- 
necticut. — Talcott Pedigree in England and America, pp. 32-33. 

• Collateral and Illustrative Documents, No. XXI. 



56 



Province of New York 



r 1670 I 
Loct. 22J 



Albany \_ 
Schout. i 



Maritien 
Danien 



Cap: Salis- 
bur5''s 
Letf 

about trad- 
ing w"^ 
Cattle for 
Beaver. 



Present 



At a Councell held y^ 22*'' 
day of Octob: 1670. 



The Governor ^ 

Mr Mayo^ ' [ 

Mr Steenwijck f 

The Secretary. J 

The Matt'i'' under Consideracon. ffirst about y" Schout at 
Albany." i. That y! p''sent Schout doe continue untill Mr 
Mayo"? goeing up, when hee may make Enquiry of a person 
that may bee most acceptable to y'' Magistrates of y"^ Towne 
to bee in that Employment, Vpon whose Recommendacon 
that Person may bee confirmed in the Place.iSr 

2. The next about Maritien Damens ' & Jan Clutes 
Exchange of the 6. Margen. 

That what was Ordered by y'' Governo'' & Councell at 
their being there this Summer doe stand good.* 

3. As to Cap* Salisburyes Letter about the New [32] 
England Mens Trading at Albany w'.** Horses and Cattle 
for Beaver. 

' Thomas Delavall, who had been commissioned mayor of New York City, 
on October g, 1670. — Court of Assizes, vol. 2, p. 598. 

2 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 Mamiscripts, pp. 844-845. 

' 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, Comelis 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. 



[oc?7°2] Executive Council Minutes 57 



That an Ordf & Proclamacon' bee made to Prohibitt 
the Importacon of Cattle, Horses, or Goods from any other 
Government to that Place over Land, or of Exportacon of 
Beave'' or Peltry from thence that way, v?ithout particular 
Order from the Governor under the penalty of forfeiture &c: 
untill his Royall Highness Pleasure shall bee further known 
herein. 

4. In Answer to ffather Pierron ' Lettr; To recommend Father 
it to Cap* Salisbury & the Commissaryes to bee very watch- . ^^j 
full over his Actions, & to give Acco' thereof upon all 
Occasions. 

<. About fortifying of the Towne and fFort, That they bee Fortifying 
putt m mmde 01 their promise & hngagem: thereupon to Albany 
y® Governor 

6. About y^ peace between y" Maques and Mahicanders. Maques & 
To leave this in suspence untill y'' Certainty of Governor ^^^^ 

Winthrops Voyage for England bee knowne, & the Returne a peace. 
of M' Mayor from Albany.' 

7. About Bridge Money for Horses &c: * Bridg 

Money. 

• The 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 
27th June, 1667." — Sainsbury. Calendar of State Papers, America and West 
Indies, 1661 — 1668, p. 496. His correspondence with Lovelace began in 1668. 
Lovelace, in a letter to Thomas Delavall, July 6, 167 1, 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. 

' For earlier documents see Collateral and Illustrative Documents, No. XIX. 

'On September 20, 1671, Ralph Warner was appointed " to take Cog- 
nizance of all Horses or Mares that shall come to y^ ferry or parts adjacent 
to be Transported out of this Governm', And that you Record the Attestacons 
from whence they come, together w"' their Markes & Colours, and receive 
y<= Sallary allowed for y^ same." The court of assizes of i66g had ordered 
that a person should be appointed for this purpose and to prevent abuses. — 
General Entries, vol. 4, p. 35. 



58 



Province of New York 



LOct. 221 



Stealing 
Canooes. 



Eleaz'' 
Leveradge 
his Mar- 
riage null. 



Whore kill 
Customes. 



An Ord" thereupon, to y*' w'''' to referr. vide y" Records. 

[33] ^- About Stealing of Canooes &c: 

The having a Watch kept to p'^vent Disord"? by Night to 
bee left to farther Consideration; but for the present, That 
the Sherriffe of y'' City doe take an Exact List of y* Inhabi- 
tants & Burgers in each Street of the Towne/ & make 
Returne thereof to the Governor &c: 

As to y*" 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.i/ - 

9. Nullity of Marriage between Eleazer Leveridge & 
Rebeckah his Wife. 

And Ord"^ issued forth accordingly.// ) vide y'' 

j Records.^ 

10. The AboUishm.' of Customes at y" Whore=Kill to bee 
Ordered; & a LettF written to the Inhabitants in AnswF 
to their Peticon. 

An Ord"^ & Lettr drawn up accordingly, whereunto to 
be referr'd.i/ vide y'^ Records.* 

' 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, 1S49, pp. 356-359, and ibid, 1861, pp. 613-621. 
Another list of 1674 'S in ibid, 1866, pp. 805-809. For later censuses see 
Doc. Hist, of N. Y., vol. i (octavo edition), pp. 687-697. 

' Collateral and IIlustrat4ve 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, 167 1/2). 

5 Collateral and Illustrative Documents, No. XVI. 

« Collateral and Illustrative Documents, No. XXIV. 



r 1670 1 

1. Dec. I J 



Executive Council Minutes 



59 



Present 



[34] At a Councell held in y« fFort 
Decemb: i^.' 1670. 



The Governo^ ^ 
M'' Mayor 
M'' Steenwijck 
The Secretary 



M*^ Smiths Peticon taken into Consideracon 
Bounds of Nesaquake River,' Mr Smiths CI 



the 



about 
ayme bein 



• Collateral and Illustrative Documents, No. XXV. On account of the 
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 Smithtown, 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 Indiaa 
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; Huntington 
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 Huntington 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. 



Mr Smith. 
About 
Nesaquake 
Bounds. 



6o Province of New York [D'eZ°i] 

heard as to y" Bounds of Nesaquake Lands, shee [su] 
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 lo flFamilyes if they have the 
Land to the fFresh Pond.y 
Maques & About the Peace between y" Maques & Mahicand" 
MahicandT^ Ordered that a Letter of what hath past at Albany & 
Schanechtide with a Translation of y*^ Proposicons made by 
the Indyans there bee sent to Governor Winthrop, with a 
Desire of his Answer upon it.' 
The Heer Mijn Heer Johannes de Deckers Petition to his Royall 
Decker. Highness vs Reference thereupon being [35] considered of, 
concerning ten Negroes hee layes Claime to & his Sallary 
due from y^ West Indya Company,^ It Is Ordered, That 
Thursday y^ 8"^ of this instant Month bee the time appointed 
to heare Mr Deckers p''tences in Order to the Petition and 
Reference of his Royall Highnesse afore-mentioned; To 

' 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. S2-S3. 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 



[d«!°i] Executive Council Minutes 6i 

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 y* 
p'^tences & Claymes mentioned in his Peticon. 

That the Mayo' & Aldermen have Notice to Attend the 
Governo'' at the same time & place, & all Witnesses then to 
appeare likewise. 

Mijn Heer Stuijvesant \ 
Mr Van Ruijven, >• To have Notice. 

Resolved Waldron. ) 
The Mayo"" & Aldermen to bee as Assistants to the 
Governo' & Councell. 

MF Deckers p'tences for Land at Staten Isl? to bee left to 
farther Consideration.' 

Philip Pieters= Bill of Sale for Land there, The Title isl^^^'^P 

. . \ Pieters 

judg'd soe obsolete and old, that his p'tence thereupon is j about Land 
void; Jacob Melijen ^ from whom hee derives his Title, on Statea 
having sold all hee claymed there unto the West Indya "^ ^ 
Company, reserving only a fFarme.* 

did endeavoT by discourses to alienate the mindes of his Mat^^^ Dutch sub- 
jects from that happy reconcilement without bloudshed," and for other 
alleged causes. He received a pass, accordingly, on October 5, to go w-ith 
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. — limes. New Amsterdam and its People, pp. 
42-43; General Entries, vol. i, pp. 23, 39, 149; Brodhead. Hisi. of N. Y., 
voL I, pp. 599, 625, 741, 742, 743-744, 763; vol. 2, pp. 35, 46, 182-183. 

• Collateral and Illustrative Documents, No. XXVI. 

2 This refers to Philip Pietersen Schuyler, often called Philip Pieters, for 
short. He was of Albany and was also interested in the settlement of the 
new villages at Esopus, in November, 1668. — Orders, Warrants, Letters, vol. 2, 
p. 280; A^. 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. 

' Son of Cornells and Jannetje Melyn. 

•Collateral and Illustrative Documents, No. XXVII. 



62 



Province of New York 



r 1670 1 

L Dec. I J 



M 

about 
Domines 
Hook. 



There appearing noe Transport of the Land nor Record 
thereof, hee hath his Remedy only against Melijen, for 
what hee hath disburst.* 
Sharpel [36] In the Busyness of Mr Sharpe ' about Domine's 
V Hooker That Mr Van Brugh ' & M^ Bayard,* & also Mr 
] Sharpe doe Attend the Governo^ & Councell To-morrow 
by ten a Clock in the Morning, when both Partyes shall bee 
heard. 



Seatalcot. 
for En- 
largem! 



Seatalcott Busyness for Enlargement.* 



1 

I 

I ' 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, VVarranis, Letters, vol. 2, pp. 23, 
197, 237; Court of Assizes, vol. 2, p. 573. See also Collections of N. Y. Hist. 
Society, 1892, p. 166; Bergen. King,s County Settlers, p. 260. 

' 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-Mast" 
or Guardians of Widdowes and Orphans Estates," in 167 1. 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. 

' Nicholas Bayard, sinveyor of the customs in New York, who had been 
granted letters of denization, October 12, 1668. — Orders, Warrants, Letters, 
vol. 2, p. 298; A^. 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, if., 65, ff. ; also Proceedings of Huguenot Society of America, 
vol. 2, pp. 27-57. 

' Collateral and Illustrative Documents, No. XXVIU. 



[d«!°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 
Governo'./r 

The House in Pearle-Street being forfeited in the last The House 
Dutch Warre, is Ordered to bee sold.// > ••» y"^^^'^^ 

Street con- 
fiscate. 

[37] At a Councell in y^ fFort &c: 
Decemb. 5'.'' 1670. 
Present 

The Governor 
Mr MayoT 
M"^ Steenwijck 
The Secretar 

The Matter under Consideracon was a Petition from y*' jyjr sharpe 
Heyres of Anna Bogardus - about the Sale of Domine's & y'' 
Hooke at an Outcry, to Mr Sharpe. ^^^^ "^ 

Their Petition read, to which Mr Sharps Answer was Bogardus. 
demanded. 

Hee relates what reasons hee had given formerly to Mr 
Mayo^ Steenwijck,^ the which were his being in Drinke, 

' The reference is undoubtedly to the tobacco warehouse, managed by 
Augustine Herrman for Peter Gabry and Sons, of Amsterdam, which adjoined 
the " pack-huys " 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- 

' Anneke Jans, late widow of Rev. Everardus Bogardus. For her will see 
Collections of N. Y. Hist. Society, 1895, pp. 487-489. 

= Comelis Steenwijck or Steenwyck was commissioned mayor of New York 
City by Governor NicoUs, 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 [^,M%] 

& without Reason, & severall Incumbrances upon the 
Estate.^' 

Mr Bayard = as Vendue Mastr, & Cap^ Van Brugh w*'^ 
W" Bogardus ' 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 referr'd on both parts to bee dicided [sic] by the 
Governor & 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 iq, 1671, Lovelace was obliged to go to Albany, 
being called there by " Publique Affaires of y* Nation," and appointed 
Steenwijck " to take y"^ managery of such Affaires as shall happen here within 
y*^ City of New Yorke or places adjacent, and then to heare & determine as 
you in yo'' best wisdome shall conceive requisite." He was enjoined from 
meddling with the garrison, which was under Captain Manning's charge. In 
city affairs he was to advise with the aldermen. Steenwijck was confirmed, 
on July 19, 1671, as one of the " Wees-Mast"^ 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. iig; New Amsterdam Records, vol. 6, pp. 315-316; Collections of 
N. Y. Hist. Society, 1892, pp. 16S, 2n; tbid, 1S93, pp. 414-415, 444-445. 
There is a sketch of him in Valentine's Manual, 1864, pp. 648, ff. 

' 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. 

2 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 
who may arrive here." Governor Lovelace reappointed him, on September 
10, 1668. Bogardus divorced his wife, Weijntie Cebrantz or Sibrants, for 
adultery, April 5, 1669, and on May 13th of that year was licensed to marry 
Walbiu'ga 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 't overg/ien van 

NIEUW-NEDERLANDT. 

Op den 17 Auguftij, OudeStijI, Anno 1664. 

S^ mon GiMc van Rarop, Scliippcr op 'tScIiip Ac Gideon , komcndc van dc Mcnat« , of Ntmw-Amftcrdam *ii 
\iLr\\-NtDERi*NOT , rjportecrt djc Nieltw -Neuerlandt , met accoori , fonder ccnighc tegcnwecr den 8 Sep 
cembcr Nituwc-Stijl, acn Jc Engcllcn is ovcr-gcgevcn , op Condicien aN volglit : 



P «jni mr fcjtBr ^lUmfVntTarr: oftr Br H>rn-^ntn''rfltf^oin» 
^ MpOT 'nllm htJo»it»m (^iKtrnflnih btfinm jUc to tf^outomTn 
■ m tiipfm irmip'ontoTi Bn m Wf c:tmfoHOr maorr ftjm t mbjc 

ftn ttJrTfrtiiuimcojft Bin binnni ff» mjmom Jilt foDaiiiflt IL>jpt 
>: nm m Hufltunntr \>an m:\o^ ttJir lorbrtiaoraittr / itOcrbortni/ 
* aUt Moi Dr fdDtbn Jtit tc ura.-bni. 

Oiiit^Sw-J* ^Hr imlilqrcw l^ar f, n fullm tliibni tot Dai fllwtiiuptfc bjn tor 
*9 IB irtniriki twAni- 

nrtfTftnCJl ymrmDm t^p.ijrr n>&rn5i;6nitiirT?jnt)rTT'ni/pim'ni OorBfr 
tm Ktirpni winBif MthfoutKniooni;!piinw;t Ctmirtrini/ cnttt tufijiUnrlar- 

^nticB mnob ^ntotwl.Ttrrrsinnnnis toarr tun ffK^ It trrmttcn /Ijn fjl sntinrn 
rrniJrrrnfraBi'rdini o-^ifitmiclw ' U;dii1d ' UmBrtm ■ ^tmaml en s^ibnTii it 
ITjnfiw^mi , tn (jia D^ti ! one 1 jnWrnni 1 1 tifpaiiani. 

^JntonluirmigrpiiDcrorrt p'lblrintnr jDinillatiba^iifini4f[ni&tinDsm ti!n om 
Ban eBgri^Bi tt Ormttlif n / ipiuUmDLuOt Hin otm jrBorn (bctboi / mfon Jl^ji 
^t^ipr^ f ns^ntcn , aI^ btftltit Drmurrrl fuilrn bdm. 

Atd bttt fra WJ<irKJ< torarffam / otn b^rrrfibl n« /irbrriam ftrrtoam^tt 6o< 
noi/ ommbtfrsnnfihTiiTiiUnini/ nilitfiat Dr Thipiff fertitpm bm l^n niit8mks> 
^n ' mAr bt 7>ii^ni b/o tof bnkUQD / ofu mn tl^ rpcini i»t\ftjfta Jlimrp Awp^ 
■isff tusTuii [un Dur^ Inilxit. 

VII. 

mr AriTfpm nm C>aILinb( ofh rlbrr^ hammbr ranrn tnri Ftarr b|i(trfi6mbr onrbr; 
tn tm ontf^ign) Bn^brn/ ra ban b>n bfrfanbni tva.'brn. j10 bm^ brfco boot onfc ara> 
feMsAf / taOt Ml boai fr4 aibui tm bslvnbt XDomocn. 
VMI 

9t Ztanfrn aHprt fadm fcrlnmltni; ccBc g ttr tiit ttn b;nt)rx<bl ban ronrnntnt tn 
Oat^terafl oiBt tunhrlpcfer Di'npUcr. 

4}cn) 9urt 'i fruAD sfrr T^optfifenun^ Arbv ' f-il tntr m miiBr flftr1r0mtt|tpbt 
■ifn gry;:!! s^tm tm Ooilosr . irgra^ boraintgr J)jnc tm aoffc fooiK um. 

0(n JQ Kutton0 iC w oftr TbIuwiAtt fjJ rmifr nwiiuitiriiiiDt opjclm bto^* 
in / tn f fcr tMigrtr tetf farm rnn jlmip Doe i b art Offinnr' bur booi givbam 
Mqi ; M >.T ttk trti y Bi ti ; « ^ tft ^Oiro inbn f d;t Jllr Of l^bJtm nm botmm 
'""'"' nnnv taff] [MTt Offmnrn mngtir 



<0tRS / fwt ^BllfB tt Sui U IIU All ^ 



XI 



0r OiVCto MlCB c mtanttr km nrf nufr) br^duboi frjn rpga 

■Mr p^fBt ^ir e«<c>««'tm fn trtwnfrii brorffrabr ttr grtfrnrfft ban Ktiunta oftr 
kmftfwtrflMiiriBiT ZhMmai ¥tt S^ttt-taatrx CtillmraninbiilbigtitnbtK^jm 
taatfrs kaBUffv/KbRteMrtrfnbrrnlhTttrupi rnbcfulihtCticliiTfTni/ butK 
Auna tfnaatl isn tampntnakr / fal Im frmtsrt I [p tutr torgrf onbrn tatrrbm. 

0cn antef b"T baw br nrrUtbaiKli arpjtrtrn / fal nrbrr m trttn Basra gfjnnci 
»rB»B*n;Bunn«iroivmjmb«Tiiirmibai brill ormrntBgffrtBntf/ roatrpbrm 
Nrtw g ftitw >t >iaini emnatl / br siten partp f al ptimUtm kb tinn'tgrfiiptk) 



XV. 

( gllr fatuUfrnr gotptiTT^ OfFif UT< ra HlajWhatm WlrB ' inbtm "t ^>rt Qrlirft / 
rontinurrmm hart plartfr ,' tmOnip m> o mi iB j< hfiitnte imVitkhitt £imOot€mtm 
grbam tiui;bi f ol £ bjn fuIixnOrr lUmUiT Brban ro tDTTtirn boO] b-in frlbrii inn brft row 
i bttu. batbtninilrrofhoormiDaoilirainifuimimonnt born Dm ^n ban gn 
; lirpta am f[jn JD Jir^rpi pan (hiflfUiiW' m bai fp l)arr Offinr anuunfttn. 
XVI 

SpaJbirnhn fjIMnrbrnbannmngrpKMnrtuonfcMiniyinarbarn rarmmMri 
bnarmt nn brfr onliaTini ir brralfn ' t^T ■• i3f^(o:^xm bai Cni tmOQrl faj flanfil (Kf* 
pmj UT (nU tot bai bcfr ontofini fuflm bo'Juni ym. 
X\ 11 
mfbDOV-amurflilf^onnanra &rfviCKnmIIVrT-fchiiram hnorr* brfr P;oeia* 
um pcmanbi Eotdinibr |ulinitR)l,tni«Or 7>Tnr:f(btSni'i arbtcOcn UmOnL 
XAlii 
^ flHrtmtm tLmttnrltm bar Br IDol jnb'thrf ompJTmrtijnXiimnftanin 
praunbi tunrmiQttfniTinr (jclDipfthiiibigfiH Ivirtofaiiff-J^rrn Oat b< maqmat 
tuiibr;&rl)rpmnijnO>Til'(iiiiluiat LiiltOitiAni ba ^^iKpn) tun jVbn unfit luanOc/ 
fuUm (($ HJjm&mLuioncMiTaiuntn. 

XIX. 

I Pt IBtoairt ^I Ticin ra m jfcdBatm faUra apnrrrbm mn tapg* gl 

DanArl / nt flarabc Cctminn / mbc mbim pnnanU nrr Man foofif uuni > i_ 
; itoldn(ni/r)jrTfjlbmpin[ni4mgrtDrfnilDnDm,mflq|ti'K(lUT«laiOff , nin 
prmanfii pan tun faubtlmltn biramalif cm Oraan. tp fulUn t^pdytb o 
Uo^ra.' rnbc ban nar D;pr- S3o;gtT0 5!)R 

XX. 
j^ao tDannm br UmiiRQl)bane»(n-£>^[anran) ' mbr br ;fetami bn Pnt mU MK 
' ^Mmlanbm airorOrtm / Oai Heir pian^ m pnjpunir titcOn in lunbni ban Or t^ma 
;&iaini fal grlfbcn UxrOni/ Ui jnotti Tlpi iD-'jififpi fuk tij) fol brbrrtm, Ijti fal op^ja» 
br Don oon-HTlrbnt bmbni. 

XXI 
CV j^iabt op te JBanoitvan^ fal bmi i mi ii ttan Orbrp moib i it| l tr bnlnrfra / nO 
brfrOrbcpnuttbrn/ fuUnil)airp7ptftnnmnitjrbbmuialirpublt)rfiiic SJffboguf fta 
tPri al9 anmr OrOrpuirnbm. 

XXll- 
HMthf mriflt t>tipfni motf;ini lirtfcni m ttt f otftrlTr Orangif ftflm bn n »ar« i fab 
^- Uniim bt f o^incanr Arrtitni/ m brljmbm ofir brfitim !)arr Ifupftn / orlncb rm k* 
gn pf b ban Dan gtm fo;t m 1^ 

XXlll, 
Onbimbnpntunbt basbr ^fcoBatro rouor tmUm bmmhm nan tHtdanbt / nte 
Uibim&rlCVII QnbtftbrCampagiurbaa'ainflrTbain ofir rmmr p^iDr pnfoon alhtft 
banfrtbra frmDr teUim fran f pPitnm , fiBB(iiUrafphrngmmiUtt>pafpao]iiMnCola> 
■riRiciiLjrtlNit olUgrO ipaCTTOrOaabrninir onbn Inn tiotniuhlnrbr lHnetv|«, n 
baaaabmOcrMHOBirribiBtf. omtar/fcctirpmir bndtnirmCiri'aoOjiiiQr JkoUkaini 
MHlUwitB/ br fMbcxm Dian BiyB'bCbtRntiM'ob gi uoirvu u taaTDm ofrr (rjrnonnQr 
b p * n 0^ r br any / nckbr frabr moBm ban fQn XUjn tlrpip ^iirpai ofu Ouotibawa.' 



XIV, 
^mruitjr ^tvtfman E|m tnoanaftristi i 
~ nf (laBpRjaitf [t}as it btTjbm / ofit in mnor I 
'aa f al pnn op fgn tfbam Onpird 



'rm^R tdt fenrm tt otn/ 
n Ab JB^rtfrptf 9(^1 
bniht««kRBmtnS; 



^m oftminbt 
tra ©ittf)i bnirnu 



XXIV 

7>atbr<d9ttbanbr#IWHiQWPatnii,aniA«iIuniiirbln>'hrDaaahr^ niftrCe 
pir tian ^ Ratrarlibjchr t>m^irpf>CanBmfrMamCoianrl N>.i>l> raOmnxbmt ra 
gnDpsbtbooiaocbllorrCvraniniinmbrtl^niM' |j.>U mn. ti..-)' , Oaf (vi buntfa- 
pimtipijfiriiniaiMT-srlrbrTT BwjArnarabrmtiunintir M- S(<i)i.i.u.l 3( (rgniteoot* 
i Iii(|t<Otxaiminir/c»iBamOaal)iorfeaavTibr' '^motonKunarhini tmOroi^ in^- 
" lm<al]toafbDaibrlUttluim torerftaranibRVO'li tutim tDDiOriiboc:<a4n«wi N >..•:. 
t>irt-<}cin»Tnnirbanfiinl>HigtvTit; ra bat OanitDrriuirni Dan oar Qrifon nior 
;i>iatii,'gf|niarnit /linrtn 'anillnbain / op'iCpDirbt /nunjilvnifl fal atn-<]r(^ni 
tnnbm/ m hanbni ban Omtno; onnclbai^aUniriKi. huil Nu-xil-. DoofbrnOwiiAlua 
fooOamsr, olfjtipbantorfalDrpuiani, onbn fgii MiDt tn £rart 



ff^M ^tdmteeknt 



J d Decker. 

N Vcrlct, 

Sam Mcfpipoicnfi!. 

Co"'etis Stocnwiick. 

p. StcTCnlz. ConUnc 

iacqueCodbu. 



Robbcrt Carr. 

Gcorpc Carrwright. 
John Wiiuhrnp. 
Sam Willcs. 
Tho Cbrtks. 
John PhifKhon. 

K I cit AK DT N' irot.1 t. 



ARTICLKS OF THK SI RRKNDKR OF NFW NF/FHFRI.AND. 
A Dutch Broadside, probably issued in llciliand as a Poster 
(Reduced from the (Jiifjiiuil in tlie New WnV. Public I.lhniry. ) 



[DecJ°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 guild" Damage towards the loss 
susteyned by y*^ 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 to bee p'.' in one Month, & the 200 
guild"? in 2 m? after Date hereof.// 

At y" ffort. before y" Governo' 
& Councell, & Mayo"" & Aldermen. 
Decem: 21. 1670. 

The Matter under Consideracon is y" Reference from his 
R. H? upon y^ Peticon of Johannes De Decker.' 

The Petition & Reference read, w*** y" 3** Article of Sur- 
render mentioned by him.- 

Mr Decker is desired to make appeare the Allegations in 
his Petition, about ten Negroes which hee claymes. 

[39] Mijn Heer Stuijvesant ' declares that hee and M"" 
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 * acknowledges to have receiv'd several! 

' Collateral and Illustrative Documents, No. XXVI. 

2 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. 

' 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 [oecjy 

Negroes of M^ Decker, but the Number hee knowes not, 
only that hee took ten w"' 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.// 

It's alleged that one Man Negroe was double the price 
of a Woman. 

It's to bee taken into Consideracon, In y*" 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 Mayo"",' by y" Governo" Order,- 
were taken as belonging to the West India Company, & noe 
way as the Effects of M'' 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 
y" 3^ Booke of Entryes (of Dayly Orders) Pag: 287. — to 
w'^'' to referr.^ 

[40] At a Councell held in y^ ffort 
Decemb: 29'-'' 1670. 

Beforenoone. 
Pres? 

The Governo?' 

Mr Mayor 
M' 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. 

2 An order of Governor NicoUs is meant. For an order of NicoUs, October 
26, 1664, concerning negroes of the West India Company, see General Entries, 
vol. I, p. 54. Concerning " free negroes " in New York, see Orders, Warrants, 
Letters, vol. 2, p. 222. 

' Collateral and Illustrative Documents, No. XXVI. 



[DecJ°29] Executive Council Minutes 67 



Matters under Consideracon. 

About M' Deckers p''tences for Land upon Staten Island, 
for w^*" hee hath a Ground briefe.' 

It is consented unto, that hee shall have the Benefitt 
thereof, Provided that it bee noe p'^judice to the Towne 
already settled, w'^^ if it shall soe happen to bee, then hee 
shall have y'' like quantity laid out in some other Place by y*^ 
Governo^- hee being obliged to settle the same in one yeares 
Time. 

That in regard of y^ paines & trouble the si M'' 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 ^ Letter concerning y*" Confirmacon 
of the Indyans Deed of Sale [41] & the Sachem Elected by 
them. It is Ordered That a Commission of Confirmacon 
bee sent to y" Sachem, and two Constables Staves fitted i 
for them according to the Request; * And y*" Deed of Sale 
confirmed.^ 

That a Lettr bee written to Southampton to restrayne the 
selling of Strong Liquo'' to the Indyans, and that the Penaltyes ^ 
in the Lawes bee putt in Execution.^ 

In answer to that part of M' Mulfords & Mr James's 
Letter about Confirmation of their Deed from the Governor; ' 
It is Ordered that a Lett' bee sent to y- Com"" for y" Indyan 
Affaires, who are to examine into the Equity of the Busy- 
nesse, & to make Report thereof unto the Governo.'" ' 

• Collateral and Illustrative Documents, No. XXVI. 
^ Lovelace. 

' John Mulford, of East Hampton, L. I. 

• Collateral and Illustrative Documents, No. XXIX. 
' Ibid. 

• Ibid. 
Ubid. 



68 Province of New York [j,'«7'„] 



Afternoone 

Jn° Coopers Peticon taken into Consideracon about the 
Indyans Assisting in Whaling &c: ' 

The Ordr of y"^ Comn^? to bee confirmed & obsei^ved. 

His Proposall of Compounding for y* Customes for 
what Goods that are Customable shall come to his 
hands. 

That for y® present, it is not found practicable soe y* 
Consideracon thereof is to bee respited to another 
time. 

[42] The Papers deliver'd in Co'^^' of Sessions from the 
Townes of flushing, Hempstead, & Jamaica taken into 
Consideracon." 

The Opinion of y^ Justices of y" Peace hereupon, to bee 
drawn up by To-morrow Morning, & an Order from y^ 
Governor & Counceli concerning the same.// 



Pres^ 



At a Counceli held in y" fFort 
Jan^y 11'.'' 1670. 



The Governor. 

Mr Mayor 
Mr Steenwijck 
The Secretaf. 

' Collateral and Illustrative Documents, No. XXIX. 

s Collateral and Illustrative Documents, No. XXX. The general court of 
assizes, of October, 1670, had promulgated the following order: " Whereas 
y"= Works & Pallisadoes about the fforte in this City are very much fallen to 
decay, & it is found requisite & necessary for y^ safety of the place & Governtn'- 
that some Reparations shall be made thereupon in the Spring, It is ordered 
that a Contribution or Levy be raisd towards the effecting thereof in each 
of the Rideings upon Long Island; & the Justices of the peace at y* 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. 



another 



ban.''..] Executive Council Minutes 69 

The Matt'' between Rich';' Smith & Huntington, Twofisaack 
Persons coming from Huntington about their Bills of Charges j P'°" * 
first considered of, declaring not to have received the Copies '• 
of the Orders sent them. 

The Ord" made hereupon were read. To bee con- 
sidered of.' 

[43] The Inferiour Offic":^ & Souldyers Peticon for Lands 
at Staten Island.- 

The first Condicons read, w*^ y*" Petition of 10 or II, who 
had a Reference upon their Peticon from Colt: NicoUs.// 

Two Peticons to y^ 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'.*^ 

Seatalcott Busynesse, M' Lane ' appeares for them. 

Its desired to have Liberty to Purchase for 1 1 of them 
at y'^ South, for y" Convenience of the Whale-fishing, & 
for y" Meadow.* 

M"" Lane makes Proposall for to have Liberty for himselfe 
& Mr Woodhull to purchase & settle two ffarmes at the 
Wading Place.* 

' Collateral and Illustrative Documents, No. XXV. 

2 Collateral and Illustrative Documents, No. XXXI. 

' Daniel Lane. 

' Collateral and Illustrative Documents, No. XXVIII. 

'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, Jun'', 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, 167,5, 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 term akers 
mor of upland, where the said rar. Richard wodhuU shall chuse it," etc. This 
gift was in consideration of an assignment of Indian land through Woodhull 
to the town. — Ibid, pp. 44-46. 



. k*VAAa.« ric-«^«^3ui>^ - 



yo Province of New York beb/y 



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-ffishing; Soe that it doe not debarr 
the Towne from Commonage nor the Meadow each Lott 
hath [44] at the South. 

To y" 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.' 



Present 



At a Councell &c: Fort James. 
ffeb"-X 24'.*^ 1670. 



The Governor 

M^ Mayof" 
M'' Steenwijck 
The Secretary. 

The first Busynesse under Consideracon was the Indyans 
about Wijckerscreeke.// ' 

The Indyans desire that y" Governor would bee well 
satisfied, who are the reall Proprieto'^^^ of Wijckerscreeke 
before hee buyes the Land; They say they are the Men, & 
will bee ready to sell the Land to the Governor 

' Collateral and Illustrative Documents, No. XXV. 

' A corruption for an Indian place-name of which there are many orthog- 
raphies, but preferably Wickquaskeck or Weckciuaeskeck. 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 NanKS of New York. Albany, 1907, p. 256. 



[peb/y Executive Council Minutes 71 

[45] The Names of y*^ Proprieto'^^'^ as they say, are — 

p''esent. — Ramaque — Janorockets Bro: by y^ Moth" side.;^ 
Pewachtan Cakensickten 

Nondiackwhare Pemeckenwerecak 
Careckonde Nemandamyn 

Coharnes Perawescamen 

Kewechtahem Shapham 

Pethung Quinonckak 

Macmawito Ermachorne 

Amanequun Peppham 

10. Sackapreme. Mavvohondt 

Tomeackak 

Tawotene 
Nanaquene 
13. Chusquchaw ' 



N: Bene. Taponque an Indyan pres' saith hee hath 
Land between Neperan - & Wickerscreeke. 

They are to consult about y'^ price they demand altogether; 
It's in the Paper N° i. 

The second to bee granted if consented unto by the major part ( . ^, 
of the Inhabitants, It being within the Limitts of the Towne. 

• The great variation of Indian names in the records, due to phonetic repre- 
sentation, is often appalling. For example, we tind 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, in Deeds, vol. 2, 
pp. 58-59, calls him " Shawnerockett," whilst Bolton. History of the County 
of Westchester (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 [Feb7a4] 



To the 3d That Mr Bridges ' & 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 

Ij"*^'^'^ [from the said Cockram without Interest within y" space of 
nine Months next ensueing the Date hereof, or by y" end of 
November." 

An Ordr To y'= 4'.'' That EleazF Leveradge doe pay or cause to bee 

paid unto Rebeckah Wright from whom hee is divorced 
the Sufne of twenty five pounds in living Cattle to bee 
apprized by Indifferent Men, or in Corne, Beefe, or Porke 
at price currant, in Heu of what shee brought to him at 
their Marriage.// ^ 



*t)^ 



' 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 Carel van Brugge or ver 
Brugge. His wife was Sarah Corn<;ll, 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. 1, 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, Heiu-j- 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, 2S4; Orders, Warrants, Letters, vol. 2, pp. 115, 134, 369; General 
Entries, vol. 4, p. 54. 

' Collateral and Illustrative Documents, No. XVI. 



[pe'bjy Executive Council Minutes 73 

To y" 6'.*' y" Towne to pay y" first, & the Countrey Rates An Ordr 
y'' last. — Cap? Seamans.' 

To y" 7"" About Estienne Gaigneau, That Jacques Guijan An OrdT 
bring his pretences here, when it shall bee determined. - 

To y" Peticon of Peter Stantenburgh,' Jan Vigne &c: 

They are to bring in an Estimate of what that Land first ^^j^ qj.^, 
cost them, & make it appeare what they paid, whereupon 
Consideration will bee had thereof.^ 

In Answr to y^ Peticon of Jacobus and Cornelia Loper,' 
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 
boimdary 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, \o\. 2, p. 173; Collections oi N.Y. Historical Society, 1892, pp. 249-251; 
N. Y. Gen. and Biog. Record, vol. 11, pp. 149, ff.; Onderdonk. Aitvals of 
Hempstead, pp. 16, ff. See also Biog. and Gen. Record of Captain John 
Seaman, by Selah D. Seaman, N. Y., 1881. 

2 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. Anjials of Staten Island, p. 386; Bayles. Hist, of 
Richmond County, pp. 540-541. 

^ Pieter Stoutenburgh, who lived in Broadway above Wall Street, New 
York City. He had married in New Amsterdam, Aefje or Afegy van Tien- 
hoven, on July 25, 1649. He died on March 9, 169S/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. 

' 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. — A', y. Colonial MSS., vol. 31, p. 114. 



74 



Province of New York 



LFeb. 24J 



An Ord'' [ 



Gravesend 
Busyness. 



long since past, & before these parts were reduct to his 
Ma"f^ 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.' 
A: Wright. Vpon y*" Request of Anthony Wright that hee may have 
Letters of Administracon upon the Estate of Samuel Mayo 
deceased,^ w"^' 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 y® 
next Co"^' of Sessions to bee held for that Riding. 

By Ordr &c: 

An Ord^ thereupon as foUoweth — 

Vpon a Request from some of y'' Inhabit" of Gravesend, 
that there might bee an Endorsm' on their Gen^" Patent ^ of 

' 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. V., 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 Sam' Mayo (or Ma jo) 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 in 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 ig, 1645, for the 
bounds of Gravesend, and Governor NicoUs confirmed this patent in 1667, to 
Thomas Delavall, James Hubbard, WUliam Bov\'ne, 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 nestern 



iFeb.' 24J 



Executive Council Minutes 



75 



a certaine parcell of Land heretofore belonging to Robert 
Pennoyer ' & given to the Towne, as appear;s in their 
Records, It was not thought fitt that it should bee endorsed 
upon their Patent, but if it shall bee desired, y" Towne may 
have a Confirmation thereof apart from the Governor 

By Ord' &c: 



[48] His Busyness recommended to Mr Coe ^ to make 
Report jf it. 

That hee have power to Arrest & Attach upon the River/ 

boundary of the Gravesend patent. — TV. Y. Colonial Manuscripts, vol. 22. 
p. 33. For the land controversy between Gravesend and New Utrecht see 
General Entries, vol. i , p. 38. 

' Pennoyer was now settled at Mamaroneck, where he had been appointed 
as constable by Governor NicoUs, on February 13, 1666-7. His daughter, 
Elizabeth, and Richard Lownesberry were granted a marriage license in 
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, in succession to William Wells, and reappointed him for 
another year, on June 18, j6-;o.— Orders, Warrants, Letters, vol. 2, pp. 272, 
432; Court of Assizes, vol. 2, p. 554. See sketch in Record of the Coe Family. 
New York, 1S56, 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. 

* 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 NicoUs, on April 3, 1665, and was continued in 
that office under Lovelace. His duties are in 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 



Joseph 
Tliurston.' 

Haven 
Masf 



76 Province of New York ^IbJ^,] 

An Ord?^ thereupon as followeth. 

It being taken into Consideracon whither properly the 
SherifFe of this City hath Power to lay Arrest or Attachm*- 
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 Mastr for the time 
being having Warrant from the Mayo^ or in his Absence 
from the Deputy Mayor of this City, the w"*" 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 w"^"^ hee is to take such moderate (Fees as 
the Court shall adjudge. 

By Order &c: 

Capt w™ The Ord-- upon his Request. 

Vpon y" Request of Cap^ W™ Laurence ' of fflushing. 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 
majo'' part of y'' Inhabitants who have Priveledge to give 
their Votes, are contented therew'''. That the said Cap? 
Laurence have forthw'^ 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 Assizer, vol. 2, pp. 434, 538; General Entries, vol. 4, p. 04; Collections 
of N. Y. Hist. Society, 1892, p. 29; Records of R. D. Church, Marriages, p. 33, 
showing marricige record of August 28, 1668. 

' Captain William Laurence (also Lawrence in the record?) was a brother 
of John Laurence, mayor of New York City. On Fel^ruary 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 lines," it being of " lettell ore noe beneffett 
toe the inhabettantes," being " lande uncapaliell of manewering." This was 
the land patented to him. — .V. 1'. Colonial Manuscripts, vol. 22, p. in. 



[pebjy Executive Council Minutes 77 



An Ord!^ as followeth. (U' Charles 

Whereas Mr Charles Bridges of fflushing & Sarah his I Bridges — 
Wife have had pTtences upon y'^ Estate & Land of John 
Cockram late of Newtowne ats Middleborough, by vertue 
of a Mortgage thereupon, the w"*" hath this day been taken 
into Consideracon, It is Ordered, That y*^ said Charles 
Bridges & Sarah his Wife bee forthwith invested & putt 
into possession of y" p'^misses, in satisfaction of their Mor- 
gage, the particulars of w''^ they are to give Acco' of at y^ 
next Co*^^* of Sessions; Provided likewise that payment bee 
made out of the said Estate of a certaine Surne of Money 
to John Sharpe of this City or his Assignes without Interest, 
for the w'^'' Judgment hath past in y'^ Court of Sessions at 
Gravesend, & that within y'' space of 9 m? after y*" Date 
hereof, the paym' to bee made in good pay by y"" Apprizem' of 
indifferent persons.i? 

ByOrdr &c:> 
[50] An Ord'' as followeth. Capt jno 

Vpon y" 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 16S0, " 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 Towuley. 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. 1, pp. 98, 251; Collections 
of N. Y. Hist. Society, 1892, pp. 66, 108; Pelletreau. Records of the Town of 
Smithtown, pp. 480-4S1; Historical Genealogy of the Lawrence Family. New 
York, 1858, pp. 23-24, 28-30, 13.S-139, 145, 149-151, 155-156. 
' Collateral and Illustrative Documents, No. XXXII. 



78 Province of New York Utl's] 



Seamans, the one for Worke, done by him in y^ Month 
of March 1664, against y"^ Generall Meeting at Hemp- 
stead for y'^ Towne being — i": 18^: 00^. the other by 
y'^ late Governo" Ord'^^'' about y" Race-Posts — being — 
19^ ; 

It is Ordered, That the Towne doe make Satisfaction to 
him for the first Summe, & that hee bee allowed y^ latter 
out of y^ Countrey Rates.-/ 

By Ordr &c: ■ 

Capt sa- 1 An Ord-" 

ves r js-|^ Yj^^ Peticon of Cap' Silvest"^ Salisbury being taken into 
Consideration, In the latter Clause whereof hee desires a 
Hearing before y* Governor & Councell concerning a 
certaine difference between him & ffredrick Gijsberts,^ 
It is Orderd, That his Attorney doe appeare at y'' 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 Ord^ &c: 
Mr Mayor ^ to consider of y'^ ffence.// 



Pres^ 



[51] At a Councell held at 
ffort James y'^ S'^ Mar: 1670. 



The Governor 

Mr Mayo!' 
M!' Steenwijck. 
The Secretary. 

' 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. 

2 Collateral and Illustrative Documents, No. XXXVIII. 

' Thomas Delavall was then mayor of New York City. 



[m^Vs] Executive Council Minutes 79 

The Matt'? under Consideracon. 

M" Doughty, on y*" behalfe of y" Ord'' of y" last Councell 
concerning y® Estate of John Cockram to bee made over to 
M^ Bridges & his Wife; M^ Elyas Doughty having bought 
their Interest desires an Explanation of the latter end of the 
Order. 

M"^ Doughty is to bee invested as Charles Bridges, per- 
forming y'^ same Conditions by an Order.' 

Mr Heggemans Businesse taken into Consideration; It's 
about Money borrowed to build the Domine's House at 
Breuklyn; M'' Heggemans then Schout.- 

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 Ord!' to 
[52] make Satisfaction thereof; The Constable & Over- 
seers to receive Ord'' about it.^ // 

About Jan Vigne & Peter Stoutenbergh's Busyness 
of their Land by the Water-Port, That their Title doe 
remaine good to y^ Land, & the Ground where the 
Wall & {fortifications was to bee to remaine at present 
as it is.// 

Huntington Businesse to bee respited, & that also the 

• Collateral and Illustrative Documents, No. XXXII. 

2 Adrian Heggeinan, 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 y^ neighbourhood " where he 
lived, namely Flatbush. He was authorized " to Expose to publique Sale 
any Lands houses or goods w"^'' are to be sould w'^'in y"^ 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., vol. i, p. 580; Court of 
Assizes, vol. 2, p. 50S; General Entries, vol. 4, pp. 100, 270. For a sketch 
see Bergen. Kings County Settlers, p. 135; Aiken. The Hegeman Family, 
in ".Amer. Hist. Mag.." vol. i (1906), pp. 170, ff. 

' Collateral and Illustrative Documents, No. XXXIX. See also on the 
minister's house in Stiles. Hist, of the City oj Brooklyn, vol. 1 (1S67), pp. 
1 60- 161. 



8o Province of New York [m!I.\] 



Bond bee examined into by M' Mayo',' Mr NicoIIs, & M. 
Bedloo at their goeing downe.- 

West Indya Company Businesse to bee respited untill 
farther Ord'// ^ 

The Matter considered about Transportacon of Corne, 
upon y'^ Examinacon of y'' Bakers what Corne there is in y^ 
City; 

An Order to bee made that noe Wheate in Grayne bee 
Transported, but in fflowre. Bread, or Bisquett for this 
ensueing yeare.* 

About noe Strang''.'' Sloopes being permitted to goe up y^ 
River to Albany; 

That the former Ord' bee revived & stand in fforce.^ 

About y" Lett':'' from Southton & Southold excusing or 
refusing to take out their Patents to bee left to farther 
Consideration." 

' Thomas Delavall. 

2 Collateral and Illustrative Documents, No. XXV. 

» Collateral and Illustrative Documents, No. XL. 

'Collateral and Illustrative Documents, No. XLI; Records of New Amster- 
dam, vol. 6, p. 2S7. Notwithstanding this prohibition, passes were issued 
during April and May, 167 1, 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. 66q, 670, 692. For orders prohibiting transport in 1666 and 1667, and 
prices of corn or wheat in New York in 1668, see Orders, Warrants, Letters, 
vol. 2, pp. 30, 7S, 157, 306, 327. 

' Collateral and Illustrative Documents, No. XLII. 

"Collateral and Illustrative Documents, No. XLIII. 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 
Nicetyes or p''tences " hitherto delayed to take out new patents. As late 
as November, 1G74, 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 



U^a?!'.?] Executive Council Minutes 8i 



[53] At ^ Councell held at fFort 
James y^ if^ March 1671. 
Present 

The Governor 
M'' Mayo'' 
Mr Steenwijck 
The Secretary. 

The Matter under Consideracon was somewhat from M' 
Jeremias Van Renslaer,' & Cap' Phihp Pieters Schuijler 
of Albany concerning y^ Excize - & ffortifications there; 
And some thing from the Commissaryes about Aqueppo * 
the Indyans Death, to cleare which that the Maques had noe 
hand in it, they gave a Band of Seawant to Cap' Salisbury,* 
to bee sent to his ffriends, hee hath sent it to y* Governo'', 
w'^'^ was produced. It being about 16 Guilders.// 

About y*" fFortificacons of y" Towne & Forte they doe not 
dissent from what was proposed by them & engaged the 
last Summer.// 

About y* Tax for y*^ Minisf ^ &c: & other OfBc"" 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.— TV. Y. Colonial MSS., vol. 22, pp. 107, 136; SotUhold 
Town Records, vol. i, pp. 374-375; Records of Soutliampton, vol. 2, pp. 65-66, 

357-358- 

' Jeremias Van Rensselaer had been commissioned, on September 23, 1670, 
as " Capf^ of a Troope of Horse, listed or to bee listed within the Limitts 
or precincts of Albany, Renzlaerswijcke Schanecktade & parts adjacent, as 
a Troope of Volunteers." — A'^. 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. 

• 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 UarJ^y] 



Towne, for w'^'' they are already Indebted over & above 
what y^ Burgers Excize doth yield. 

They propose that y^ Magistrates alone may have Liberty 
to sell Strong Drink & Liquo" to y- Indyans &c: or to have 
halfe y'^ Tappers Excize to defr[ay] that Charge. 

[54] For y^ Engrossing of y" Sale of Strong Liquo*?, 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 Offic" there are, & their Salaryes. 

As also what their Incomes are by Taxes or otherwise; 
As Burgers Excize &c: 

What y® 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 y^ Governor, they are 
excused from that, to \sic\ what they paid before is 
wanting. 

The Charge yearely of y^ Towne of Albany to the Offic^^ is 

Beav":^ 

To y^ Minist"" 125 — at f 30 y^ BeavT 

To y* Secreta^^' — 600 guild" Seaw' 

To y^ Bode 300 guild"? Zeaw.' 

To y" Reader 400 guild"? Zeaw.' 



125 Beav"^^' f 1300 — Seawant. 

At length upon further Proposall &c: It was 0[r]dered, 
That y" Commissaryes at Albany upon [55] the Expiracon 
of this yeares Packt of y'" Grand Excize, there, shall for y* 
yeare ensueing w''*' is to beginn on y'' 10'.*' day of July next 
have the said Packt or Grand Excize upon the same Terme 



[mm! 2?] Executive Council Minutes 83 

as it hath been Lett this yeare, with Liberty alone to sell 
Liquo" 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 y^ Overplus 
to the Governo!", the which shall bee employed for the Pub- 
lick Benefitt of these parts. 

To bee accomptable for y'' Small Packt likewise.^ 

This Ord^ made about it. 

Whereas y*" Commissaryes of Albany, Renslaers-Wijck, 
& Schanechtide have by Cap? Jeremias Van Renslaer, & 
Cap' Philip Pieters Schuijler requested mee that they may 
fFarme y® Tappers Packt or Great Excise, & may alone 
have Liberty to sell Liquo" or Strong Drink to the Indyans,' 
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 {Fortifying that Towne and fFort, I have 
by and w**" the Advice of my Councell thought fitt to grant 
their Request, & doe therefore hereby Ord'', That after 
tlie Expiration of this p'"sent yeares [56] Packt or ffarme of 
y" Great Excize w'^*' will end upon the lo'.** day of July next, 
y" Commissaryes for the time being shall for y" yeare en- 
sueing, that is to say, from the 10'.'' day of July 1671 to y" 
lo*?" 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 

■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 Ul^J\,] 



said Commissaryes paying out of the Burghers Excize, & 
y*" Benefitt accrewing hereby all Publick Offic^.% and like- 
wise that they bee accomptable for y*^ 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. 



Pres? 



[57] At a Councell held in the 
fFort. Apr: 15. 1671. 



The Governo' 

M' Mayo'' 
Mr Steenwijck 
The Secretary. 

This day a Report was made by M- Mayo"' & y^ other 
Commission''^ of their Proceedings at the East end of Long 
Island; y" which was well approved of, soe y^ Commission 
was Cancelled.' 

The Proceedings Ordered to bee Recorded. 

Delaware Busynesse taken into Consideracon; Cap? Carr 
being present. - 

About y^ Murd"' committed by y" Indyans.' 

About selling Strong Drink to y" Indyans. 

About y^ Murderers, they are known, but for the present 
not thought convenient to prosecute to the utmost. 

Cap' Carr relates of y^ desire of many fFamilyes to come 
& settle below New Castle at Apoquimenys * & Bombeij's 
Hooke; '^ To bee considered of.// 

' Collateral and Illustrative Documents, No. XLIII. 
2 Collateral and Illustrative Documents, No. XXXV. 
' Compare Collateral and Illustrative Documents, Nos. XXXV and LIV. 
* Appoquinimink Creek, Delaware. The name has many variations in th.3 
early records. 

' Bombay Hook, Delaware, a corruption from Boomtje's Hook. 



[Ajf/^e] Executive Council Minutes 85 



The most Eminent amongst them are one Mr Jones,' 
M"" Wharton/ Mr Whale.y ' 

A Lettr is Ordered to bee written to treat with some of 
them about their Settlement.* 



Present 



[58] At a Councell held in y" ffort. 
April! 26'.^ 1 67 1. 



The Governor 
M!" Mayo"" 
Mr Steenwijck 
The Secretary. 

The Mattr under Consideracon is the Busynesse of Staten 
Island; ^ 
The Inhabitants p'^ferr a Peticon by y^ hands of Thomas 

' Roberl Jones, whose wife, Elizabeth, obtained a pass, in November, 1671, 
" to goe to Virginia to her husband in if Quidlej'S Vessell." — N. Y. Colonial 
MSS., vol. 20, p. 23; General Entries, vol. 4, p. 72. For his landholdings 
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, 
" Surveyo'' Gen** in Delaware River, that is to say of y'^ Westerne side of 
y^ said River now under his Royall Highness Governm' & Protection," to 
" measure or lay out Lands or Lotts of Ground in Delaware River, w"^*^ 
shall at any time be ordered by mee. As also for any private person there 
imder his R: H^ 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. 

' 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 Ll^'^t] 

Carle ■ & Nathan Whitmore - chosen by y^ majo!^ part of 
the Plantation to attend the Governo'' 

The first part of y" Peticon discourst of only, but to bee 
farther Considered. 

The second part is granted. 

The third to bee left unresolved untill the Surveyo"" Gefi^." ^ 
bee consulted w"', but supposed they may have it. 

The 4'.*^ to bee considered of w'.'^ y" first. 

The 5'.'' & last to bee left till To-morrow Morning, w^hen 
the Surveyor Gen''." is to bee here. 

An Ord'' writt to him under y'^ Governo'v'' hand, That hee 
bee here To-morrow, before Noone, & sent by Gideon 
Marlette.^ 

About y' Election of Commissaryes at Kingston in 
Esopus.^ 

To bee left till M'' Mayo" goeing up.//" 

[59] A Commission to bee drawn for Cap- Chambers to 
bee Justice of y" Peace at the Esopus over the three Townes, 
not to infringe y" Libertyes or Priveledges of Schout & 
Commissaryes.// ' 

The keeping of y= Co*^^ at Marbleton and Hurley to bee 
taken into Consideration also by M'' Mayo'' who is to returne 
an Ace' thereof at his Returne.* 

' 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. 

' Gideon Marlett or Marlette was a constable at Staten Island. — Collections 
of N. Y. Hist. Society, 1892, p. 24. 

'Collateral and Illustrative Documents, No. XLIV. 

" Thomas Delavall. 

' Collateral and Illustrative Documents, .Mo. XLIV. 

» Ibid. 



Wtt'!'!?] Executive Council Minutes 87 



At a Councell held in y^ Fort 
Apr: 27"" 1 67 1. 
Present 

The Governor 
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,' & one 
by Nathaniell Brittaines.- 

That a convenient High-v^ay bee left for Drift of Cattle * 
&c: towards y" 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 

' Nicholas Stillwell had been commissioned as constable of Staten Island, 
on September 7, 1667. His son, Richard, was " acquainted w"? y^ Language 
& customes of y^ 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 tlie Life and Times of Nicholas 
Stilwell (New York, 187S); Stillwell, William H. Notes on tlie Descendants of 
Nicholas Stillwell (New York, 18S3); Bergen. Kings County Settlers, pp. 
277-278; Collections of N. Y. Hist. Society, 1892, p. 24. 

' 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. 

' 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. 



88 Province of New York [mT^s] 

Surveyor Gen"" ' 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. - 

At a Councell held in y^ Fort 
May iS'.*- 1 67 1. 
Present. 

The Governo? 
M^ Mayo!' 
M^ Steenwijck 
The Secretary 

The first Busyness taken into Consideracon was the 
AfFayres of Esopus; ^ In particular, y" Report of M' Mayo', 
about Settlement of Affayres at the New Townes given in 
Writing./? 

It is Ordered, That those Ord"".^ about y^ Townes bee of 
fForce untill any Inconvenience doe appeare therein, or further 
Order. 

The Commissaryes chosen out of the 4. by M'' Mayo'' & 
Cap' Lovelace * to bee Confirmed.// 

Cap? Criegers ^ Busynesse about y"^ Whorekill.' 

' Jacques Cortelyou. 

' Collateral and Illustrative Documents, No. XXXI. 

'' Collateral and Illustrative Documents, No. XLIV. 

' 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. Hisl. 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, 12S. 

' Collateral and Illustrative Documents, No. XLV. 



[laay^is] Executive Council Minutes 89 

The Purchase of y^ Whorekill by y"^ Dutch to bee 
Recorded. 

[61] About y® Mill-Stones there, to bee as they desire.' 

A Lyst of y'' Inhabitants. 

A Relation from thence of y" Losse of Jan de Capres 
Sloope,^ that the Sloope was cast away, & the Men drowned, 
not destroyed by the Indyans. 

An Examinacon made at y"^ Whore-Kill by Cap' Crieger, 
and y® Answer upon it. 

Together w"" 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 y" Vncertainty of y" manner 
of that Disaster, & where certainly it befell, whither in these 
his Royall Highness Dominions or in Maryland. However 
It is Ordered, that a Letter bee sent to y*^ Governo"^ of Mary- 
Land ^ 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 Matt* from y" Whore-Kill well approv'd of 

About Albany Busynesse. 

What was done by y" Mayo*^ ' & Cap' Lovelace^ with the 

1 Ibid. 

'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 KUls, 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. 

' Collateral and Illustrative Documents, No. XLV. Charles Calvert was 
then governor of Maryland. 

' Thomas Delavall. 

' Captain David Lovelace. 



90 Province of New York [wiy^.s] 

Commissaryes, about the late Order of y'' Comissaryes 
farming the Tappers Excize; with their Reasons pro & 
Con: — > 

[62] Together w'.'' an Ordf made by y" Commissaryes w"' 
Consent of the Inhabitants, after mature Deliberation, It 
is Ordered, That what was done by them at that time bee 
confirmed. # 

About y" Nomination of a Lievten! here in the place of 
Goovert Loockermans,- M'' Beeckman ^ & StofFell Hooge- 
landt '' 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 Governo'', the farther 
Consideration thereof is respited untill some further time.^ 

That there bee three Persons nominated by the Troope of 

' Collateral and Illustrative Documents, No. XLVI. 

2 Govert 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 167 1, 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 A'. Y. Ceiieal. and Biog. Record, 
vol. 8, pp. 13-15; Irmes. New Amsterdam and its People, pp. 235-249; Bergen. 
Kings County Settlers, p. 189; Dwight, B. W. History of the Descendants of 
John Dwighi, vol. i, p. 207; Records of New Amsterdam, vol. 6, p. 299. 

« William Beeckman. See genealogy in N. 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, L. L, 1885. 

< 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 tite Hoagland Family in America. (New York, 1891], pp. 
55-60. 

' Collateral and Illustrative Documents, No. LXIV. 



i'ne'ij Executive Council Minutes 91 



June 



Horse in the North & West End of Long Island for Cap'P, 
two for Lievten-S & two for Cornett, out of either of which 
their Names being returned, the Governor will Nominate one.* 
The Petition about y" Prohibition of Corne to bee taken 
into Consideration at y" next Co"^' of Sessions, who are to 
have Notice of y^ same, & to give their Opinions of the 
Likelyhood of y^ Plenty or Scarcity of Corne for y*" ensueing 
yeare; And the Court of Mayo' & 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.i/ - 



Present 



[63] At a Councell held at fFort 
James y'^ 14'-'' June 167 1. 



The Governor 

M" Mayor 
M'' Steenwijck 
The Secretary. 

The Busynesse under Consideracon are the Matters at 
New Castle and the Whore-Kill.' 

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, w'^'' shall goe towards 
the Reparation of y^ New Block-House or ffort. 

About y'' Whore-Kill, It was Ordered That what is past 
& granted there, bee confirm'd upon the same Conditions 
as tlie rest of y'= Land, with this Provisoe, That each Planter 

■ Collateral and Illustrative Documents, No. XLVII. 
'Collateral and Illustrative Documents, No. XI,I. 
• Collateral and Illustrative Documents, No. XLVIII. 



92 Province of New York LrJnJj.] 

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 iz'.'' to bee referred to y"^ same Consideracon with 
the distilling. 

[64] At a Councell held in y^ 
Fort ye 21'.^ June 167 1. 
Pres? 

The Governor 
M^ Steenwijck 
The Secretary. 

The Mattr first under Consideracon, is the Busynesse of 
Delaware, about granting Patents there. 

Cap' Carr declares that Governo'' Nicolls gave y^ Offic''? 
Ord' to make Grants of Land to those that would Plant 
there,' which being remitted to y° Governo'', hee was pleas'd 
to give Patents for them. 

The Signing of Patents for those Parts concluded on. 

An Ord'' also relating the Grant to M^ Mills,- the w''"' is 
to extend only to y^ Whorekill Lands, though menconed 
Parts adjacent, on y^ South-side of the Whore Kills.// ^ 

' The reference is no doubt to the instructions of Governor Nicolls to Sir 
Robert Carr for taking Delaware Bay and settling people theie in 1664. — 
General Entries, vol. i, p. 58. 

2 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, 167 1. In this year Mills was also involved 
in litigations with Cornells Steenwyck. — Deeds, vol. 3, pp. 132-133; General 
Entries, vol. 4, pp. 31, 65. Records 0/ New Amsterdam, vol. 6, pp. 312, 322, 
326, 330-331, 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'js] Executive Council Minutes 93 



M^ Paine ' & M^ Terry - about Matinicock Busyness.' 
An Ord*^ to issue forth, that some of the Matinicock Indyans 
doe come here on Munday next, particularizing there being 
formerly an Appointm', 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:' 

At a Councell held in y® 
(Forty^ 28'^ June 1671. 
Present 

The Governo'^ 
M^ Steenwijck 
The Secretary. 

The Matt*^ under Consideracon was the Business of 
Nantuckett; two Persons being sent from thence hither.^ 

They produce Writings to make good their Clayme & 
Title in Obedience to an Ord"^ issued forth last yeare," & 
tender some Proposalls in Writing, Vpon w"*" Severall Ord'^'' 
were made & Establisht for their Government, which are 
upon Record.' 

To referr to which, search y*" Booke Indyan Purchases. 
pag: « 

• 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 [ji 



671 1 
une 29J 



At a Councell &c: June 29'^ 167 1. 
Before-noone.* 



Pres 



The Governor 

M^ Steenwijck 
The Secretary. 

M'' Coffin ' is by Consent nominated y" Chiefe Magis- 
trate at Nantuckett from y^ Date hereof untill y'' 23*? day of 
November, which shall bee in the year of our Lord 1672. 
& accordingly had his Commission. - 



Present 



[66] After-nqone. 
Thursday June 29'^ 1671. 



The Governo^ 
M' Steenwijck 
The Aldermen. 
The Comn" &c: 
Mr Tho: Lovelace 
Mr Van Ruijven. 
Cap? Manning 

The Difference between y"^ Lutherans was heard. ^ 

' Tristram Coffin. For his biography and descendants see Coftin, 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 Nantuclcet and Tuckanucket by Richard Gardner, on 
April 15, 1673. — • Deeds, vol. 3, p. 87. 

2 Collateral and Illustrative Documents, No. XVIII. 

' Collateral and Illustrative Documents, No. LI. Rev. Jacobus Fabricins, 
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, Lovcl xce granted him permission to be pastor of the Lutheran 



[ju'njy Executive Council Minutes 95 

It was occasioned by a Peticon from Willem Hendricks ' 
Baker & others against y" Magistr 

The Proceeding? of y* Commission'^^' were first read, 
grounded upon a Petition p''sented by the Magister to y^ 
Governour, who appointed Commissioners. 

There was an Attestacon read of Jacob Youngs, wherein 
hee declares that the Hamburgher & the Hatter refused to 
Obey y" Commission. 

congregation in New York City, provided he gave " no trouble or molesta- 
tion to othr^ differing in Judgm' from him," and on the 27th 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 his 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, 
WarratUs, Letters, vol. 2, pp. 335, 342, 394, 423; Court of Assises, vol. 2, pp. 
424, 501-504; 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 (i860), p. igi; New York Colonial 
DocumetUs, vol. 2, pp. 693, 706. 

' His name was Hendrick Willemsen, a baker by trade, and hence often 
called " Hendrick the Baker." 



96 Province of New York [ju^re] 



The Note of Subscriptions for y" paym' of the House for 
their Church is produced. 

The Magist"^ putts in an Answer to y"^ Peticon against him. 

It's the Governo" Opinion, That those that have Sub- 
scribed to y" Payment for y" Church-House, should pay 
their Proportions, & Hkewise that they pay his Salary to y" 
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.// 



Present 



[67] At a Councell held at ffort James 
July 6'.'' 1 67 1. 



The Governo"^ 
M"" Steenwijck 
M^ Secretary 

The Businesse under Consideracon was M.^ Mayhews 
AfFayre about Martins Vineyard &c: ' 

His Peticon & Proposalls read. 

To y^ first part of y^ Peticon, It's granted that the Townes 
Seated there shall have Patents of Confirmation as other 
Townes, & particularly as their Neighbo"? of Nantuckett have. 
Quaere. To y"^ 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 



' Collateral and Illustrative Documents, No. XVIII. 

2 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 hav'ng been forfeited. 



[juiVy] Executive Council Minutes 97 

Three Papers to bee Recorded,' viz.' y"^ two from James 
fForrett,= (y" L'? Sterlings' Agent) & one from Richard Vines 
S*^ fferdinando Gorges Agent. 

Mr Mayhew* to bring in To morrow Morning what hee 
hath bought at Martins Vineyard, for which hee is to have 
a Patent. ^ 

The Clause of Priveledges to bee invested in y" Patent. 

[68] At aCouncell &c: 

July 7'.'' 1 67 1. 

About Mr Mayhews Proposalls' concerning y^ Governm' 
That for ending of Causes to y"^ Sufne of 5? It is granted 
that M"' Mayhew (who for his Lifetime is to bee Governo! 
there) w"* two Assistants to bee chosen by y" two Townes, 
shall hold a Court, where one Agreeing with y" Governo"" 
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 Surne Definitive at y" Gen^" Court is to bee for 50" 
for this yeare.// 

The Co";* is first to bee held at Martins Vineyard.// 
Mr Mayhew is to bee Governor over y" Indians upon 
Martins Vineyard. 

The Acknowledgm' by Quit-Rent for both the Townes 
& himselfe to bee Agreed upon.// 

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] 



98 Province of New York [juiVs] 

Hee is to have Liberty to purchase for his Royall High- 
nesse, & to make Returne thereof. 

The Ord" hereupon are drawn up at large, & Entred 
in the Booke of Indyans-Purchase.' 

[69] At a Councell July y" S'.*^ 1671. 

Mr Mayhews & M'' Brentons - Pretences upon Elizabeth 
Islands ^ 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.// 

M^ Mayhew Sen' ^ acknowledges to have sold his Pre- 
tences, but the Grand childe ^ putts in his Clayme for his 
part as his ffathers Right. 

Daniel Wilcocks Clayme brought in by Young Mr Mayhew 
to bee Recorded." 

The whole Right to y'' two Islands is found to bee in MF 
Brenton, both by y"" Indyan Purchase & the Sale of Mr 
Mayhew Sen''; But its recommended to him to give some 
Compensation to the Grand Childe for his Consent to his 
ffathers Right.' 

I Collateral and Illustrative Documents, No. XVIII. 

' Evidently William Brenton, who was governor of Rhode Island from 
1666-1669. See .Austin. R. 1. Geneal. Diet., pp. 252-254. 

'Collateral and Illustrative Documents, No. XVIII; also Deeds, vol. 3, 
pp. 44-49. 

' Thomas Mayhew, Sr. 

' Matthew Mayhew, son of Rev. Thomas Mayhew, Jr., deceased. 

« Daniel Wilcock. For the record see Collateral and Illustrative Docu- 
ments, No. XVIII. 

' For other business in council of this date, not however entered in these 
minutes, see Collateral and Illustrative Documents, No. LIII. 



buiyV2-i3] Executive Council Minutes 99 



[70] At a Councell. July 12"' 1671. 
Pres' 

The Governo'' 
M'' Steenwijck 
The Secretary. 

Vpon Consideracon had of M"^ Mayhews Quit Rents. 

It is Agreed to bee 6 Barrells of ffish, viz* two Barrells 
each Patent. 

About Claes Burden &c: That y^ former Ord'' against 
Transportation of Wheat &c: bee as yet continued, viz' 
That none bee Transported but in ffloure and Bread.' 

A Peticon from Govert Loockermans wife about Cap' 
Mannings - Purchase. 

It is Ordered, That the Weesmasters have Liberty to take 
out Letters of Administration for the Dutch Estate, accord- 
ing to y" Articles of Surrender. 

Huntington Lett*^ of Excuse for not giving their Attend- 
ance according to Order, read w"' two Testimonyes.^ 

M' Smith * w'^ M"^ Rider ^ give their Attendance. „ 

Deferr'd till after Dinner. 

An Ord"^ to Record M^^ Smiths Attendance, & Hunting- y 
ton's Default." 

[71] At a Councell. July 13'.'' 1671. 
Present 

The Governo'' 
M^ Steenwick 
The Secretary 

'Collateral and Illustrative Documents, No. XLI. 

= Captain John Manning. 

' Collateral and Illustrative Documents, No. XXV. 

" Richard Smith. 

' John Rider, attorney. 

• Collateral and Illustrative Documents, No. XXV. 



/ 



I oo Province of New York [sep^t!^] 



M'' Gildersleeve & Cap* Seamans are employed by the 
Towne of Hempstead ' to make Invalid Mr Terryes Grant,' 
& to make their Clayme to Matinicock Land. 

It's by y" Governo"' recommended to them & Mr Terry 
to endeavour a Composure. Whereupon they came to a 
Conclusion vyhich was Recorded.^ 



Pres' 



At a Councell held at Fort 
James. Sept: 25. 1671. 



of New Yorke 



The Governo'^ 

M'' Mayo^ 

M^ Steenwijck 

The Secretary. 

Governo'' Philip Carterett ) r tvt t 

^ V or IN ew Jersey. 

Cap' James Carterett. ) 

The Occasion of y'= p'^sent Meeting is the Lett'' brought 
from M' Toms * by Peter Alricks about the Murder of [72] 
two Christians (Dutch Men) killd by some Indyans at the 
Island Matiniconck in Delaware River.^ 

' Richard Gildersleeve and Captain John Seaman, who by vote of the town of 
Hempstead, July 3, 167 1, were sent to New York to " treat with the Govemour 
about the Eastern bounds of this Towne " and, in their discretion, " to 
JojTi with iF Terry, according to the conditions that were last made between 
the said M'' Terry and y*^ Towne." — Hempstead Town Records, vol. 1 
(Jamaica, 1S96), p. 278. 

= On the grant of land at Matinicock to Thomas Terry by the town of 
Hempstead, see Hempstead Town Records, vol. i, pp. 143-145. 

' Collateral and Illustrative Documents, No. L- 

' William Tom. 

' Collateral and Illustrative Documents, No. LIV. 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, 166S, to Peter Alrichs or 
Alricks for three years. It had been in the tenure and possession of Sir 



[sep^t'js] Executive Council Minutes loi 



Peter Alricks ' being p'^sent relates to y" Truth of the 
Murder, upon w'^*' 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.// ^ 

Peter Alricks declares. That two of y*^ Saggamores of the 
Nation of the Murderers, promis'd 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 Governo^ 

Many other Indyans that hee mett upon the Road did 
very much disallow y" Murd^ & were very sorry for it, & 
offered their Assistance against them likewise, only the 
Difficulty was, that tliere 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, Lclters, 
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 (i860), pp. 140-141. 

' For a sketch of him see A^. >'. Ceneal. and Biog. Record, vol. 24, pp. 
125-132. 

2 They dwelt " at Suscunck " four miles to the eastward of Matinicoiick 
Island. — Lovelace to Carteret, September 20, 167 1, in Collateral and Illus- 
trative Documents, No LIV. 



I02 Province of New York [oltJ^sl 



[73] Diverse other Discourses between him & the Indyans 
hee related as to this Matter.// 

The Proposall to have y" Murderers destroy'd was to 
cause a Kinticoy ' to bee held, & in the midst of tlieir 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 y'^ Murther is said to bee that Tashiowij- 

cans Sister dyeing, hee exprest great Griefe for it, & said 

The Manetto - 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.' 

[74] At a Councell held in the Fort * 
Octob: 25'.*" 1 67 1. 
Present 

The Governo'' 
M'' Steenwijck 
The Secretary. 

' 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. 

2 On the signification of " Manito " see Handbook 0/ American Indians, 
part I, p. 800. 

» For this meeting see under November 7, 1671. 

* Fort James. 



[ocf/so] Executive Council Minutes 103 

That a Commission bee drawn for y^ Mayor & Aldermen 
to make Enquiry concerning that great Disorder of a High 
Misdemeanour & Gefi''." Breach of y^ peace, as also the 
Disobedience to the Governo'^^'' Order & Authority under his 
Royall Highness, on Saturday last (being y^ 21*'' day of this 
Month) by George Spurre, Humphry Davenport, & their 
Complices, in goeing on board the Ship Expectation, Isaack 
Melijen' Command!' riding at Anchor in this Port, under 
p''tence of a Seizure of the said Ship for his Ma"-^- 

To heare & Determine likewise, 

Examine upon Oath &c: 

The Co'^ to sitt To-morrow, at 2 of the Clock Afternoone; 
Cap' Manning^ & Mr Dervall* to bee Added to the Bench; 
And to bee dissolved upon y" Determination of the Cause. 

This as to y*" Publick. 

To any Damage done to M"^ Melijen, to bee left to a Com- 
posure between them, or a Determination by the Law. 



[75] At a Councell held y* 30*.'' day 
of Octob: 1 67 1. 
Present 

The Governo!" 
M'' Steenwijck 
The Secretary. 

' Isaac Melyn, son of Cornelis 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, 167 1, Spurre, as commander, appears as 
James Sparr and Spragg. Another of his accomplices in the seizure was 
Henry Randel. — Records of New Amsterdam, vol. 6, pp. 339-340. 

' Collateral and Illustrative Documents, No. LV. 

» Captain John Manning. 

• William Darvall. 



104 Province of New York [olu\o] 



The Matter under Consideracon is the Purchase of the 
Land of y* Wickerscreek Indyans,' offered to Sale. 

Part of it was purchased in y^ yeare 1649. ^^ 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 Governo'' They were offered a Price & 
could sell it to others, but would not, having more a Desire 
that the Governo!' 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, w'^'' they describe by a small Stroake 
alongst the East River. 

The Names of those that pretend to bee y" Owners 

Ramacq5, 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 - [76] 
to Harlem Riv*^, And from John Richardsons ' Crosse over 
to Wijckerscreeke, They answer it is a good halfe dayes 
Journe}', 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. 
25S-270, 506 (note b), 507. 

' Manussing, 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 (:8Si edition), vol. 2, pp. i.'io-i^i, 161. 

' John Richardson was one of the two original patentees of West Farms, 
now included in Bronx Borough, New York City. For an accoimt 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. 64-65; 
for the purchase from the Indians by him and Edward Jessop, March 12, 
1663,4, see 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. 



[oJt!lo] 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.' 

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 



I 



300 fathom Wamp™ 
30 — Match-Coats 
10 — Blancketts 
5 — Cleat Cloths of Duzzines 
30 — Kettles y ^ — a Barrel of Powder 

30 — Gunns 
20 — Skirts 
20 — paire Stockings 
30 — Hatchetts 



30 — Chipping Axes 

50 — Knives 

30 — Barrs of Lead 



2 — J fFatts of Beer 
I Anchor of Rumm 

3 Howe's - 



' 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 orJy 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, 
part I, p. 756. 

» Hoes. 



io6 Province of New York [koI\] 



[77] At a Councell held by Mutuall 
Agreement at Elizabeth Towne in 
New Jersey by y^ Governo'' of his 
Royall Highness Territoryes, & y'' 
Governo'^ under the Lords Propri= 
=etors of the Province of New Jersey 
y" 7'.'' day of Novembe'' in y^ 23'" 
yeare of his Ma"?^ Reigne, Annocp 
Domini 1671. 
Presf— 

Governo'^ Lovelace 

Gov : Carterett ' 

M'' Steenwijck 

M"^ Tho: Lovelace 

Cap? Berry - 

M-^ De La- Praire ^ 

M"^ Pardon * 

M' Nicolls. 

Vpon serious & mature Consideration of what hath been 
returned by the Officers of Delaware in Answer to the late 
Ord" sent thither, concerning the Barbarous Murder com- 
mitted by some Indyans on the East side of that River upon 

' Captain Philip Carteret, of New Jersey. For family history see Baetjer. 
Carteret and Bryant Genealogy. New York, 1887, pp. 3-5. 

2 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 A''. >'. Geneal. and Biog. Record, vol. 15, pp. 49-57. 

= Robert Vauquellin, Sieiir 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 in America. See sketch in Hatfield. Hist, of Elizabeth, 
N. J., pp. 97-99. 

' 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. Hiit. of Elizabeth, N. J., p. 170. 



[sol%] Executive Council Minutes 107 



two Christians at Matiniconck Island,' It is resolved & Con- 
cluded upon as followes. 

Inp'''^ — That this p'^sent Season of y^ yeare is not a fitting 
time to Commence a Warr w"' y^ Indyans who shall take 
part with the Murderers, as well for the Reasons given in 
Writing from y" Offic" at Delaware, as for other Causes 
debated in Councell; soe that the p''sent intended Expedition 
thither is deferrd untill a more convenient Opportunity. 

That in the meane-time all Endeavo":' bee used 0[f] 
persons in Authority in Delaware to [78] have the Murdero'^? 
brought in either dead or alive; ffor the accomplishing 
whereof, if any Reward shall bee proposed or promised by 
the said Offic'^^'' for the bringing them in, the same shall bee 
punctually made good. And for that it may soe happen that 
the Malefacto^-^ by some Stratagem or otherwise may bee 
taken alive, a Commission shall fortwith bee granted by his 
Royall Highness Governor", & here w'.'^ sent empowering 
& Authorizing the Offic'^^' & Magistrates who shall therein 
bee named to bring them to condigne Punishment by put- 
ting y^ said Murderers to Death in the most Publick & 
shameful! manner that may bee, soe to strike a terrour & 
Consternation in the rest of y*^ Indyans who shall see or 
heare of the same. 

3. Whereas some Resolutions & Ord" 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, y*^ said Resolutions are very well approved 
of; And it is Ordred, That at their best & soonest Conven- 
ience they bee putt in Execucon accordingly.' 

4. The like Resolucon proposed as to Matinicock,^ & It 

' Collateral and Illustrative Documents, No. LIV. 

2 Collateral and Illustrative Documents, Nos. XXXV and XLVIII. 

• Matiniconck Island. 



io8 Province of New York [ho^v''-,-] 



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 y*^ 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 Ma"" Obedience. In 
the meane time those Officers that shall bee chosen, are to 
Act & proceed w'^ 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 y'' 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 w''' for Armes, his Royall Highness Governo- 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-shlps upon y" River 
shall bee kept bee appointed & Agreed upon by the Schout, 
Commlssaryes, & the rest [80] of y" Offic"'.' 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 



'■De'c!'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 Come or Provision bee transported out of 
Delaware, unlesse that which is already on board, or intended 
to bee shipt in y'^ Sloope ' of Thomas Lewis (now in that 
River) for y^ wj^"^ hee shall have a Speciall Licence or Permitt, 
untill further Order.= 

11. That y" Offic"'' & Magistrates at Delaware bee hereby 
Empowered & Authorized to treat with the Neighbour 
Indyans of the Susquehanos or others to joyne together 
against y"^ 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, w'^'' said Expresses & Messengers 
shall bee well & duely satisfyed for their paines and trouble. 

At a Councell held &c: 
Decemb: 5'.^ 1671. 
Pres' 

The Governor 

M^ Delavall 
M'' Steenwijck 
The Secretar. 

' Thomas Lewis was master of the sloop " the Royall Oak." She also 
plied between New York and Boston. — General Entries, vol. 4, p. 130 (June, 
1672) 

^ Collateral and Illustrative Documents, No. LVl. 



1 lo Province of New York [d«!'s] 



Cap' Salisburyes ' Peticon first discoust [sic] of, & sus- 
pended untill next Meeting, when fFredrick Gijsbert & Mr 
Sharpe - are to have Notice to give their Attendance.^ 

D' Samuel Drisius * his Peticon about his Salary as Minist'^ 
being taken into Consideration, It is thought fitt in lieu of 
all his p'^tences of Salary, & for y^ two yeares since hee 
received any, w*^*" will bee compleated in the Month of 
January next, that there shall bee allowed him the Summe 
of one hundred pounds, w'^ the Governo'' 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 y' Ministeriall ffunction. 

However if that bee not thought sufficient It is recom- 
mended to y^ Elders & Deacons of the Church to make 
him some farther Compensacon.* '' 

Vpon w"":' an Ord"^ — as followeth. 
D"? Drisius. Vpon y' Peticon of D'"^ 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 y^ 
beginning of the Month of January next. The Governor 
& Councell having seriously taken y'' p''misses into Con- 
sideracon, & withall being very sensible that the said Domine 
for at least one halfe of the time was by Gods Visitation soe 

' Captain Sylvester Salisbury. 

* Fredrick Gijsbertsen and John Sliarpe. 

s 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, .-Vpril i8, 1673. Latterly, he suffered from 
" weaknesse " and " a failure of memory," incapacitating him in his ministry. 
In 167 1, 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. loi, 174, 240-241, 292, 300, 365, 396; General Entries, vol. 4, p. 47. 

'Collateral and Illustrative Documents, No. LVII. 



[dm!'s] Executive Council Minutes iii 



distempered, that hee was render'd incapable of exercizing 
the Ministerial! 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 w^^ his Honf y^ Governo'' on behalfe 
of his Royall Highnesse is well content forthw'.'^ to cause 
to bee paid unto him or his Ordr, without laying Imposicon 
on y^ Towne for any part thereof; However if that shall not 
bee thought sufficient. It is recommended to the Elders & 
Deacons of the Church to make [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 Ord^ &c: 

A Peticon preferrd from Coenraat ten Eijck ' & Boel j Coenraat 
RoelofFs,^ about their Trust for an Orphans Estate,^ w'^'' was' "* '"^ ' 

' Coearaet ten Eijck or Ten Eyck was a shoemaker and tanner of New York 
City. For his will see Collections of N. Y. Hist. Society, 1S92, p. 143; and for 
family history see Talcott. Genealogical Notes of New York and New 
England Families, p. 228. 

' Boele Roeloffsen. 

5 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 s^. City 
shall 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, 166S, and March 2, i668/g, the guardians requested 
the court to pay both principal and interest. Meanwhile, Victor Bicker 
passed out of his schooldays and was apprenticed to Johannes Harberding, 



1 12 Province of New York [d«!'s] 



lent heretofore to the Burgo-Mast''% & 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-Mast'^'' for the use of the Towne, 
but the altera con of Governm* happ'ning they cannot gett 
the same repaid, soe that they having engag'd to give a 
certaine Surne 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, w'^'' proves a great p'^judice & 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 sura 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 Hiirberding's claim on account. Singularly enough, 
" Uppon hearing the debates of both Parties the Worshippl' Court did decree 
and order that the def'.^ [Ten Eyck and RoelolTsen] should pay [out of their 
own funds] the s? debt to the P'.' [Harberding] within the space of three 
Months, and that the s'.' boy shall worke it out till the Def'.^ be repaid, and 
Concerning the def .^ further desire the Court do referre them to his honn'' 
the GovJ 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, 
seawant, " lent in the year 1664 to the City on interest, according to the 
bond signed by the Burgomaster etz. Whereupon the \V. Court answered 
them, that they shall speak to the Governo'' [Colve] to make the matter as 
sure as possible for the advantage of the Orphans " [i'c]. — Records of New 
Amsterdam, vol. 6, pp. 38-39, 138, 170, 2S2, 2S4, 2S8; vol. 7, p. 104; N. Y. 
Colonial MSS., vol. 22, p. 6; Minutes of the Orphan Masters of New Amster- 
dam, vol. I, p. 95. 



[Dec!'5] Executive Council Minutes 113 

to have Moneys due unto them [84] & others detayning 
Publick Moneys in their hands, w*^'' probably might bee 
sufficient to make Satisfaction for all just Dues; To y^ end 
a right Vnderstanding may bee had hereupon, the Governo- 
& Councell have thought fitt to Order that Commission"? 
shall in some short time bee appointed to view & state all 
Acco'- 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 Governo^ 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 — 

M-^Tho: Lovelace.' M^ Johes V: Brugh ' 

M*^ Corn: Van Ruijven. M'' Johes de Peijster.' 

By Ord^ &c 

' 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 bom 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 NicoUs 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 the de Peyster and Watts and affiliated Families. New 
York, 1881, pp. 36-38. 

[8] 



114 Province of New York [oec^s 



ffrancis de ) The Peticon of fFrancois de Bruijne ' being taken into 
Brijne. ) Consideracon, this Order was made Viz^ — 

Vpon y"^ Peticon of fFrancois de Bruijne against the 
Inhabit'-' of Gravesend, touching their neglect of making 
up their fFences- according to Agreem', It is Ordered That 
y° Examination hereunto bee referr'd to the next Court of 
Sessions, who are to make some Order [85] thereupon, That 
y'^ Agreem' made between y" Parties above-mentioned bee 
punctually observed, w"^ some Penalty to bee imposed on 
them who are or shall bee in default. 

By Ord^ &c 

Breucklyn The Peticon from Breucklin, about a Lott there con- 
fiscated to the Duke,^ — had an Order as followeth. 

' Francois de Bruyn alias Francis Brown, who had removed to New Utrecht, 
L. 1.1 in 1663, owned a farm there " commonly called y- Turcks Plantacon," 
for which he had obtained a patent from Governor Nicolls, on June ii, 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 11, 1676, in which month she received a pass for herself and 
twelve children to saU 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 in 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, 51S; 
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; ^- y- Geneal. and Biog. Record, vol. 10, pp. 35, S5-86. 

2 Collateral and Illustrative Documents, No. LVIII. 

' Collateral and Illnstraiive Documents, No. LIX. 



[dw^'s] Executive Council Minutes 115 



Vpon y^ Peticon of y'^ Inhabit'.^ of Breucklln about a Lott 
of Land in their Towne heretofore belonging to Charles 
Gabry, but since confiscated to his Royall Highness; ' It is 
Ordered that it bee referr'd to y" 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 Ord': &c: 

A Peticon from Newtowne about their Bounds between Newtowne. 
them & Boswick,- upon which this Ord"^ went forth — 

Vpon the Peticon of y'' Inhab'? of Newtowne that some 
indifferent Persons might bee appoint'ed to view & Lay out 
the Bounds between [86] them & their Neighbo''? of Bos- 
wijck; It is Ordered That on each part they bring in their 
Patents or p'tences to the next Court of Sessions, who are 
to make Enquiry thereinto, & to make Report of their Judg- 
ments therein to y" Governo^// 

By Ord-- &c: 

Fredrick Lubberts ^ & Mons?- Heynelle,* the Agreem' 
made between them & confirmed by the Governo^ to bee 
Observed.^ 

Staten Island Settlem^ to bee further considered of by the 

' On this confiscated land of Charles Gabry (Gabrije), see Stiles. Hist, of 
ilie City of Brooklyn, vol. i (1S67), pp. 82-83. 

'Collateral and Illustrative Documents, No. VIII. 

' 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, 
1672/3, he was granted a license " to sell Wine or Strong Liquo'.' by Retayle " 
in his house in Brooklyn. — General Etiirtes, 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 [o'e'Z's] 

Governo''; only y^ 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.// ' 

Encouragemen' for y° 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' ^ 

About ffencing of Towne-Lotts &c: 

That every one bring in their p'^tences to any Ground or 
Lott in or about the City, by y* first or second day of March 
next, when they are to bee enjoyned to ffence [thes]e: & 
build.* 

[87] About y- Militia of y" City a third Company is to bee 
made, & that an Ordr bee sent forth to the Officers to repre- 
sent the Names of some Persons for to bee Officers in the 
New Company.' The Troope of Horse to bee further 
consider'd of." 

Cap' Wilkins ' his fliine to bee remitted |. 

The Ord" about y^ Murder made here & at New Jersey, 
read.*' 

M^ Delavall declared what past at the making the peace 
at Albany between the Indyans.'' 

It is Ordered, That whatsoever Mr Delavall & the Com- 
mission'^ have done in making of the peace between the 

' Collateral and Illustralive Documents, No. XXXI. 
= Rev. Jacques Roullaud. 

'Collateral and Illustrative Documents, No. LXI. 
'Collateral and Illustrative Documents, No. I.XII. 

' Collateral and Illustrative Documents, No. LXIII. See also Records of 
New Amsterdam; vol. 6, p. 357. 
« Collateral and Illustrative Documents, No. LXIV. 
' Captain William Wilkins, of Gravesend. 

• Collateral and Illustrative Documents, No. LIV. 

• Compare Collateral and Illustralive Documents, No. XIX. 



ban.''"] 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,- That it bee secured in 
the best manner it can bee untill some way can bee proposed 
for its Disposal, w"'' is referr'd to y Court of Sessions, to 
make Report thereof to the Governo' 



Pres' 



[88] At a Councell held &c: 
Jan: 11'.'' 1671. 



The Governo'' 
Mr Delavall 
Mr Steenwijck 
The Secretary. 

The Matt"^ in difference is upon the Peticonsof Mr Badgard,^ 

■ 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 hulians, pp. 786-789; Ruttenber. Indian Tribes of Hudsoii't 
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. 381-3S2. 

' 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. 
.\t 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 [jlnJ\,] 



M' Ripley," & M^ DarvalP against M' Walkers' Bond given 
at Jamaica, w*'' M'' Christopher Davis, & M' Ripley to 
returne thither in ffebruary next.^ 

The Tw^o Depositions Attested at Boston, the one that 

M'' Davis paid ten pound odd money for M"" Walker, & the 

other that hee gave Bond for 29" 19? for Porke w''*' Mr 

An Ordr tol Walker had before his Vessell vi^ent into the Bay of Cam- 

the w=h to Ipechio being taken into Consideracon, It's thought reason- 

referr. J a^jg^ That hee pay the said two Suiiies here to M^ Darvall 

as Attorney of M^ Badgard M"^ Davis his Attorney, or give 

Security to pay the same at Jamaica; M'' Darvall obliging 

himselfe to save M"' Walker harmlesse, & repay the same 

if M'' Davis hath not paid y~ said Suiries, or hath been satis- 

fyed otherwise. 

As to the Bond, That the Pinck ^ shall returne to Jamaica, 
in the w"^'^ Mr Ripley & M'' Davis are bound w"^ M'' Walker, 
It is likewise thought fitt, that M' Walker sha[ll] take Mr 
Ripley on [89] board w*.^ him his Voyage to Virginia, & 
from thence to Jamaica, directly; for y" Prosecucon of the 
which Voyage, & to save his Security M': Davis & M' 

■ William Richard Ripley, generally Richard Ripley for short, was com- 
mander of the pinck called " y'= 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 
" 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 suine of £128: 11:3 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, 167 1. Ripley, however, 
left the province in 1672 " without satisfying the sj Execution."^ General 
Entries, vol. 4, p. 52; Records of New Amsterdam, vol. 6, pp. 341, 378. 

2 William Darvall. 

' 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. 119. 



-.^b m nr-,^'"*^ 











^ 



i 



DRAUGHT OF LAND IN DISPUTK BETWEEN PELL AND RICHBKI. 

( Rctluceci from 6^j 1>n ^^ i inchc^i. ) 



[j^n'!\&] Executive Council Minutes i ig 

Ripley harmlesse, hee shall enter into an Obligation to M'' 
Ripley engaging his Ship & person for the same.' 



Present 



At a Councell held at y" Fort 
Jan""/ 18'.*' 1 67 1. 



The Governor 
M^ Delavall 
M'^ Steenwijck 
The Secretary. 

The Matt'' under Consideracon was y" difference between 
M^ Pell & Mr Richbell.= 

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 w'' J. R Eastward, on y® 
Westward with T. P. w'''' would divide y^ Meadow between 
them.// 

' Collateral and Illustrative Documents, No. LXVI. 

» Collateral and Illustrative Documents, No. LXVII. Thomas Pell, of 
Norfolk, was an Engiishnian 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 i66g, 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, i66g. — Brodhead. Hisl. 
of N. Y., vol. I, p. 593; Collections of N. Y. Hist. Society, 1892, pp. 11, 12; 
Court of Assizes, vol. 2, p. 423a, 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 Poll's manor, was sworn in as constable, February i, 
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. 



to- J 



120 Province of New York [janJis] 

M' Elyas Doughty declares positively of [90] M^^ Richbells 
Bounds by Purchase to bee Stony Brooke.// 

M"" Ponton saith, That y° Brooke menconed 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 w'^'' is now 
called Stoney Brooke, it was formarly called Chapmens 
Brooke or Stoney Brooke. 

ffrancis Yeates ' saith that in his Judgment M' Pells 
Bounds comes to Gravelly or Cedar Brooke. 
AnOrd''toi Vpon perusall & Consideracon had hereupon, two of the 
re err f (^ommissionr^ 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 w"^ T. P. 
from y*^ which if there were a Line run directly down to the 
Sound,' It would divide the Meadow in difference between 
both Partyes, & putt an End to y"^ Matt' in question, & 
neither of the other three agreeing amongst themselves 
as to their Opinion of the Bounds, The Governo^ 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 satisfyed herew'.^, that 
then they have Liberty to proceed to a Tryall at a Speciall 
Co'i' according to the Ordr of the last Gen^" Co"^ of Assizes; 
of their Resolutions hereupon a speedy Answ"" is expected, 
that Order may bee taken accordingly.^ 

> Francis Yates, of Westchester. For his will dated November 29, 16S2, 
and proved February 3, 1682/3, see Collections of N. Y. Hist. Society, 1892, 
p. 123, 

' Long Island Sound. 

^ Collateral and Illustrative Documents, No. LXVII. 



[meV'?] Executive Council Minutes 121 



Present 



[91] At a Councell held in Fort 
James. May y^ 17*'' 1672. 



The Governo' 
Cap? Delavali 
Mr Steenwijck 
Cap? Willett. 
The Secretary 

Cap? Salisburyes Peticon. 

That y" Rent bee adjudged due to y" Duke from the Publi- 
cation, & that it bee paid to Cap? Salisbury, who alledges 
the Gift of it from CoO: Nicolls.' 

The Letter brought by M^^ Paine - discourst upon, Mr 
Paine is desired to make his own Proposalls, of the -w"^ hee 
hath time to consider a day or two.^ 

Hendrick Jansen's Busynesse about his Land hee hath 
possessed above lo yeares. That it bee confirmed to him to 
dispose of as hee pleases.* 

Boswijck & Newtowne, y* Bounds to bee Survey'd & 
viewed by y® Surveyo^ Gen^", & Report made thereof that 
it may bee issued.'' 

Schanechtade Tappers to continue untill M"^ Delavalls 
& Cap? Willetts ° goeing up to Albany, who are to examine 
into y* Matt' ' 

[92] As to Delaware Busynesse referr'd to y^ Councell.^ 

First — About y" Towne of New Castles being a Cor- 
poracon, It's allowed of. And that it bee a Baylywick, & 

■ Collateral and Illustrative Documents, No. XXXVIII. 

' John Paine. 

' Collateral and Illustrative Documents, No. LXVIII. 

'Collateral and Illustrative Documents, No. LXVIII (a) 

= Collateral and Illustrative Documents, No. VIII. 

' Thomas Delavali and Thomas Willett. 

' Collateral and Illustrative Document?, No. LXIX. 

'Collateral and Illustrative Documents, No. LXX. 



122 Province of New York [nWn] 



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 loH without Appeale. 

As to y^ 2^ y'^ English Law^es according to their Desire to 
bee Establisht in that Towne & River; 

And y" 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, vi^hen Cap.' Cantwell > 
comes, if it bee before Cap? Carrs - goeing away.-c 

As to the third, to have free Trade without being obliged to 
make Entry here. That y*" Determinacon hereof bee sus- 
pended untill Advice bee sent about it out of England, or 
other Consideracons had thereof 

Concerning the Certificate about y" Whorekill, That 
Cap? Carr shall have Instructions hereupon at his Returne.' 

The Agreem? made by M: Delavall between Cap? Topping* 

' Captain Edmond Cantwell, whom Lovelace had commissioned, on April i, 
1672, during the governor's visit to Newcastle, as " Captaine of y= ffoot- 
Company risen or to hee risen within the Towne of New Castle in Delaware 
River & parts adjacent."— jV. V. Colonial MSS., vol. 20, p. 33. On August 
2d, of that year, Lovelace commissioned him " in the Place of Schout to bee 
High Sheriffe in 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. 

2 Captain John Carr. 

' Collateral and Illustrative Documents, No. LXX. 

•Captain Thomas Topping, of Southampton, L. L, who, on April 10, 1662, 
purchased from the Shirmecock 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 memljer 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 11. 1666. as the first member of the newly-created commis- 
sioners for Indian affairs in the East Riding of Yorkshire.— DeeJ^, vol. 2, 



\m\V%] Executive Council Minutes 123 

& y*^ Commission''." for Indyan [93] AfFayres approv'd of. 
Their Commission to bee call'd in at y° next Sessions.' 

The Agreem? made by him w'.'' y" Whale-Men, securing 
the Dukes Interest at Oysterbay; It's allowed.- 

That a strict Ord' bee made w'*" a Penalty of 50^ to bee 
Levyed, on such as shall deceive the Duke of his Interest, & 
20H of it to the Informer. 

Thirteen Barrells to ffinch,' & 'tother two in M^ Delavalls 
hands to defray Charges. 

Peter Jacobs * Request about taking in part of a Loading 
of Corne at New Jersey, & soe for Boston, touching here, 
& taking in the rest of his {Freight; 

It's adjudged to bee a Breach of y" Law in that Case provided. 

Delaware Expedition to bee borne by the Publick.// * 

M'' Nicolls " his Charges y'' first Voyage to Delaware to 
bee borne out of y'^ ffines of the Long ffinn.' 



pp. 49-50, 54-57. 200-206, 257-258; Brodhead. Hist, of TV. Y., vol. 2, pp. 
43, 75. 87- For an inventory of his estate, in 1681, see Collections of N. Y. 
Hist. Society, 1S92, p. iii. 

'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, lOI. 

2 Collateral and Illustrative Documents, No. LXXII. 

'John Finch, of Huntington, L. I., called "Goodman John Finch." He 
died in 16S5, aged ninety years. For references to him see Huntington 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, 166S, 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 0/ Assizes, 
vol. 2, pp. 409, 421, 571, 59S; General Entries, vol. 4, p. 53; jV. Y. Colonial 
MSS., vol. 22, p. 108. 

'Collateral and Illustrative Documents, No. XI. 



y 



124 



Province of New York 



LM'ay'^i tJ 



Cap? Mannings Peticon about Cap^ Blagg to bee con- 
siderd of, when they are both heard.' 

Cockrams ^ Busynesse to bee by Abatement, proportion- 
ably to pay y" Countrey Rate, hee was accomptable for.^ 

Here followeth some particular Ord" about y Conside- 

[ration] ^ afore-written. 

Cip' Salis-j [94] The Matter in Difference between Cap? Silvest'' 

F^ed-^G' ^Salisbury & ffredrick Gijsberts,^ having long depended, 

berts J It being about Rent Claymed by Cap? Salisbury from y' s' 

ffredrick Gijsberts for a certaine confiscated House in the 

Stone Street granted by Governo' 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 Cap^ Salisbury from the time of the Publication of the 

Confiscation thereof, although before y^' Date of his Patent, 

In regard it's thought to bee the Intent of the late Governo''; 

And the Tenant ought not to pay the Rent after y" said 

Publicacon to any other then whom y Governo'' should 

direct. 

By Ord-^ &c: 



Maryland 
& The 
Whorekill 



] Vpon Consideracon had of a Certificate brought by Cap' 
I Jn" Carr from New Castle in Delaware River about y" 
p'tences from Maryland to y'" Whore-Kill, & their sending 
Surveyo"'' to lay out Land : * without the Consent or Approba- 
tion of the Officers there under y° Protection of his Royall 

' For the details of this case see infra, minutes of May 20. Captain John 
Maiming was at this time high sheriff of Yorkshire, serving in that olTice 
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. 

• Original mutilated. 

'Collateral and Illustrative Documents, No. XXXVIII. 

'Collateral and Illustrative Documents, No. LXX. 



[mL^'vJ Executive Council Minutes 125 



Highness, who withstood their Proceedings therein, It is 
Ordred That y"" 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 Ord" & Directions as they shall receive 
from this his R: Highness Governm' & none other, untill 
his Ma'!"^ or his Royall Highness Pleasure bee signifyed 
to the contrary. 

By Ord^ &c: 

Vpon y" Peticon of Hendrick Jansen of Mashpeth-Kills, fHendrick 
that hee might have a Confirmacon of a piece of Land , J^"^*^" °^ 

11-1 T^i/^ h r 1 Maspeth 

graunted him there by the Dutch GovernoT, the w*^ for 1 Kills his 
several! yeares hee had Possessed and manured, in like Land Con- 
manner as other his Neighbo"^^ have had, who were seated ^ 
there by Ord!" from y'^ Governo"^, It is Ordered, That the 
said Land bee Confirmed unto him to dispose of at his 
Pleasure. 

By Ord^ &c: ■ 

A Peticon from y" Inhabit'/" of Boswijck being taken intoi^^^'^'J** 
Consideracon, wherein they request that some period may 
bee putt to y"^ difference between them & Newtowne, about 
their Bounds & Limitts, concerning the w'^*' there hath been 
soe long Controversy & Dispute, It is Ordre'd [96] That y" 
Bounds in question shall bee viewed & Survey'd by the 
Surveyo*" Geii".",^ and Report made thereof to y" Governo'', 
that the Matt"^ in difference may at length bee issued, & noe 
farther Dispute bee had upon the same.^ 

By Ord^ &c: 

'Collateral and Illustrative Documents, No. LXVIII (a). 

' Jacques Cortelyou. 

'Collateral and Illustrative Documents, No. VIII. 



126 Province of New York [may'^o] 



Present The Governo^ 

M'' Steenwijck 
The Secf. 



At a Councell in y*" Fort &c: 

May y" 20'.'' 1672. 



At y"" Request of Cap? Blagg ' & y^ 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 y" Souldyer, nor firing at the ffort, but at 
Mi' Delavalls, It [bejing 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 V/ittnesse, together w'' Philip Johns - & 
severall others upon the Wall & Bastion.// ^ 

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 (fired towards the Kings fflagg, 
& that M'' Wasslyn ^ & M*^ Dyer ^ 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 discharg'd in Holland.^ 

1 William Blagg. 

= Haven master of the port of New York. 

3 Fort James. 

'Wasslyn was commander of the ketch " Rebeckah," sailing between the 
American colonies. — General Entries, vol. 4, p. 80 (December 2,S, 1671). 

» 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. 



Uay'^aJ Executivc CouncU Mlnutcs 127 

The Mate, Doctor & Boatswaine of the Ship, ofFer'd 
to Justify before Cap' Manning what Bat: Salter swore 
before y^ 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, bee is to bee declared free as to that 
particular. 

[98] And y" three Persons offering to take their Oaths 
before Cap' Manning who is y^ Accuser when Blagg was 
first questioned to y" 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 bee 
is cleare as to that particular likewise of his Voluntary carry- 
ing away (or concealment) of him before his Discovery. 

M"^ Dyer & Mr Waslyn being present afterwards were 
enquired of, what they knew bee 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 bee 
spake to his Men, & that bee 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. 



Present 

The Governo"" 
M' Delavall 
Mr Steenwijck 
The Secretary. 



[99] At a Councell Extraordinary 
May 24'^ 1672. 



1 28 Province of New York [MaV %] 



Letterfromj The Occasion of y^ Meeting, a Letter brought yesterday 
his Ma'f f by Mr Sharpe ' by the way of Boston, from his Ma'i'' Signed 
by the Lord ArHngton.- Dated March y° 10'.'' 167^.^ 

The first part of the Letf^ taken into Consideracon, That by 
reason of y" Troubles Hke to bee in Europe, Care bee taken 
for y" most Seasonable & safe time for Ships goeing from 
hence homewards, viz? Mar: y^ 24'-'' June 24'' & Sep- 
tembr y" 24'.'' 

The day above-written his Ma"''^ Lettr being receiv'd & 
read in Councell w'*' all Respect & Humility. 

In Obedience thereunto, It is Ordered, That his Ma".^" 
Commands therein in relation to y° Navigation of Vessells 
from this Port for Europe shall bee duely & punctually 
observed according to the teno'' of his Ma*'?"* Gracious Lett''^ 

That having at this p''sent time one only Ship w"'' 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]' an Answ'' [100] of the Recep- 
tion of his Ma"." Gracious Letter, & readynesse to observe 
the Directions therein. It is thought convenient y" said Ship 
should proceed on her Voyage. And for the Security of 
Ships after they come here, w^'' his Ma".'' doth recommend, 
That all Care shall bee taken & besides the ffort " a Battery 
in y" most convenient Place of the City shall bee made, to 
secure all Ships in the Road. 

To p'^vent all suddain Incursions or Attacques of this 
place or Colony by an Enemy, (w"^*" is the last Clause of the 



• John Sharpe. 

'Sir Henry Bennet, Earl of Arlington, English secretary of state. 

» Collateral and Illustrative Documents, No. LXXIV. 

*Ibid. 

•Original mutilated. 

' Fort James. 



[jJnJ'io] Executive Council Minutes 129 



Kings Letter, & left to best discretion) It is resolved, That 

the whole Governm' 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 Governo'^ will 

please to propose a Modell thereof.' 

Cap.' Haselwood - not to depart before Monday, by which 

time his Dispatches shall bee ready in Answer to his Ma"?^ 

Letters.// ' 

An Answ' to a Lett'' sent by y' Governo"' to Major Gen^" [Major 

,.>,.,. i Leverets 

Leverett, read, & taken mto Considerauon. i^^j^^e. 

The Copie of y" Originall from y'' Governor first read, 

then the Answer. 

They are both Ordered to bee Recorded.^ 

[loi] At a Councell held at Fort 
James, June y* 10'.'' 1672. 
Present 

The Governor 

W. Delavall 
M"^ Steenwick 
The Secretary. 

The first Matter taken into Consideration is the Irruption r-rne Irrup- 

at New Jersey, & Difference between Governo!^ Carterett.M tion at N: 

Tersey 
& Cap? James Carterett.' ^^ 

' Collateral and Illustrative Documents, No. LXXV. 

'^ Captain Clayborne 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, 359-360, 809, 810-81 1 ; Baetjer. Carteret arid Bryant Getiealogy, 

[9] 



I30 Province of New York [ju'nJ'o] 



A Draught of a Letter from y" Governo% 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. ,7 

Cap. Dudley Lovelace to bee the Messeng'', & an Answer 
to bee desired in Writing at his Returne.' 
Capt Carr Thg ne.xt about Cap.' Carr & Delaware, The Ord"? made 

& Dela- 

^3rg last Councell about y" Towne ' & River ^ to bee allowed & 

sent.// ^ 

The Continuance of y" 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 Ord' 
Whore-Kill. The Whore-Kill Returne & Comp^' ' 

To advize w"" M' Cousturier " & [C]ap' Carr about y" 
Officers, & about the others [of] y'' Gover[nm]ent [102] there 
to bee vindicated. ;? 

New York, 18S7, pp. 6-7; Brodhead. Hist, of N, Y., vol. 2, pp. 177, 189-190. 
For contemporary records on the rebellion see New Jersey Archives, vol. 21. 
pp. 32, ff. 

' Collateral and Illustrative Documents, No. LXXVII. 

" Newcastle. 

' Delaware River. 

'Collateral and Illustrative Documents, No. LXX. 

' Ibid. 

' 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 in 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 w^'' 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 in league w^^ his Ma'.'^ nor under 
his allegiance, w"' Intent to returne hither about his Occasions to his ffaraily 
& Relacons." — General Entries, vol. i, pp. 60, 156; vol. 4, pp. 45, 162, 171- 
172; Deeds, vol. 4, p. 87; Records 0/ New Amsterdam, vol. 6, pp. 176-177. 



IjudJ^'io] Executive Council Minutes 131 



The Returne from Kingston.* Kingston. 

Cornelijs Wijncoop ' & Joost Adriaensen,- to come in 
New Commissaryes.if 

The Hempstead Peticon allowed of, that they shall have Hempstead. 
Liberty to Provide themselves of such a Minist"^ as the 
Law approves off. 

The Peticon of Mad-nans Neck being considered off, It (Mad-nans 
having been by y" Court of Assizes referred to the Sessions 'Neck. 
Court of Jamaica formerly to enquire what was done therein 
there, & give y" Governo' Acco' of it 

Matinicok Petition about Commanage to bee taken into Matinicock 
Consideracon, when it shall bee discourst of w"' those of 
Hempstead, & M'^ Paine, & Terry; ^ In the mean time 
Nothing to bee done to their p'judice.^ 

The Widdow Nevius ^ Peticon about y" fferry to have her 
time renewed for six yeares. Nevius. 

To have it respited till the former Conditions bee viewed, 
& then consider'd of. 



The 
Widdow 



• Cornelis Wijncoop, W5mcoop, Wynkoop, and other forms, was formerly 
a resident of Albany. — Schoonmaker. Hisl. 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, S. 

2 Also called Joost Adriaensen Vermenlen. He was of Pynaker in Holland. 
For his family history, wills, etc., see Uhter 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. 

' John Paine and Thomas Terry. 

" Collateral and Illustrative Documents, No. L. 

' Joaimes 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. 



TheOrdf 



132 Province of New York UnJ^io] 

Mr Denton. Mr Denton's ' Peticon being taken into Consideracon, & 
a Lettr from him to M'^ Laurence,- an Order was made there- 
upon as followeth. Vizi 

[103] The Peticon 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 

' 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 y^ absence of her Husband, then about his Occasions in Europe; All w'^'^ 
was too evidendy made appeare to y^ said Court by many Circumstances 
as well by her own confession & acknowledgm' of the flact." 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 
y"^ frailty 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 y^ Obligacon & Tyes ''f 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 Jersev, 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, 1S92, 
P- 398. 

2 Captain William Laurence, of Flushing. 



Opposite p. 132, 



Brief Defcripug 



or V. KYOiMi 



NEWYORI^ 

Fonaerly CiUed ■_. 

NcW'Netherlands^ -^ 

With the Places thereunto Adjoyniog; - 
Together with the 

Manner of its Scituation, Fertility. of the SoyIc» 
Healthfulncfs of the Climarc, and the 
Commodities thence produced. 

ALSO 

Some Direaions and Advice to fuch as Chill go 

thither: An Account of mhtt C««Jnodkie» they fti»l» 

take with themj The Profit and Pleifnrethit 

may accrcw to fiem thereby. 

LIIEWISR 

A Brief Relation of ihc Cuftomiof the 
Indians thctt. 



3 



\ 



^ 



By DANIEL V^^KtON. 



. LONVOK, 
Pfinted for T»fc» K.WKMt the Rrft Shop ia ^iftf^"±f'^ '" 



TITLE PAGE OE THE EIRST SEPARATE ACCOUNT 

OE NEW YORK IN ENGLISH 

By Daniel Denton, of Jamaica, ^L. I. 

(Slightly reduced. ) 



[jjnilij 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 y^ whole Matt'' & Merritt 
of the Cause bee referred to the njxt Court of Sessions at 
Jamaica, where some of the Councell are to sitt w"' y^ 
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 Ord^ &c: 

A Peticon from Hendrick Rooseboome ' the Sexton Hendrick 
at Albany, that hee might bury Lutherans ^ and all , °°^^' , 

■' o J boome of 

there; Albany. 

It is thought convenient that since they have a Toleration 

for their Profession they may bury their own dead. 



Present 



[104] At a Councell held in Fort 
James y^ 24}^ of June 1672. 



The Governo' 
Cap' Delavall 
Cap? Steenwijck 
The Secretary 

' Hendrick Janse Roseboom, sexton and Voorlezer of the Dutch church at 
Albany. See Pearson. First Settlers of Albany, p. 92. 

2 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 ^vith 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; A^. Y. Colonial Docs., vol. 2, p. 617. 



134 



Province of New York 



r 1672 1 

LJune 24J 



i' 

Election at t 

Hemp 

stead. 



Contribu- 1 The first thing taken into Consideracon is the Returne 
tion&Newj from Hempstead of Contribucon & New Election of Con- 
stable & Overseers. 
J The returne of Constable is for M'' Robert Jackson 39; 
for Simon Seryon ' 31 Voyces; To the w'^'' Objection is made 
by Mr John Hicks = [sic] & James Pine on behalfe of severall 
of y'' Towne, That Mf Jacksons Votes or the major part of 
them are of the great Neck, or Mad-Nans Neck,^ who have 
small parcells of Land & have noe Relation to the Towne, 
equall w'^ y'^ Ancient Inhabitants, some Lotts being divided 
into severall Shares. 

It is demanded if they are ffree-hold"? and consented to; 
The determinacon being left to y" Governor & Councell. 
The Present Election is allowed of to bee Constable for the 



Mr Jackson 
Cap^ Sea- 
raans' 



' 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, i68r; an overseer, April 2, 1683, and justice of 
peace, in 1685. — Hempstead Town Records, vol. i, pp. 180, 329, 450; Court of 
Assizci, vol. 2, p. 692. 

'John Hicks, commissioned by both NicoUs 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 17th. 
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 " florth 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. 

• Captain John Seaman. 



[jiae^ Executive Council Minutes 135 



ensueing yeare, both Partyes being call'd together, & their j: Smith. 
Allegations heard, noe materiall Objection being made [105] ^•' 
against it; It is thought fitt y" Inhabitants of Mad-nans Neck james 
shall have their Votes for the Election of Constable & Over- Pine, 
seers, they being capacitated by the Lavsr 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 ov^^n; It shall bee taken into farther Consideration. ,!r 

As to y° Returne of y*^ Voluntary Contribution towards The Re- 
the Reparation of y® ffort. It being read, It was very well "™ 'g ^ 
approved of, & Ordered, That Thanks should bee given 61 ■ 02 : 00 
them for their forwardness therein, the w'^'' Is to bee Recorded. 

flushing Returnes — 20": 15^: oG**. "rf s d' 



Thomas Hunt Jun!' to bee releast upon giving good '°' '5 ^ 

Tho: " 
Junf 



Security of 200" for good Behavior & Appearance at the to: Hunt 



next Co";* of Assizes, when hee is to receive the Sentence of 
that Court for his Crime.^ 

The Tincker Gerrit Trevis * to bee releast upon Security Gerrit 

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 lo, 1695, he calls himself " John Smith, Sr., of Hemp- 
stead in Queens County, yeoman," and he names his wife, Harmah 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. 

2 Son of John Hicks. 

" 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. 

* 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 M"' Hicks," probably John Hicks, of Hempstead. Trevis was ordered to 



136 



Province of New York 



r 1672 ] 

LJune 24J 



Commis- 
sion for 
Indy" 
Affayres 
stand in 
force. 



Com","'^ 
about y*^ 
Fort Con 
tribucon. 

Comn'"^ 
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'" Bridges,' & [enjter into Engagem' not to enter- 
talne any of her Negroes Servants. 

[106] The Matter about y'' Regulation of y* Whale ffishing 
referr'd to Ml^ Delavalls Determinacon according to what 
was proposed at his being there.- 
1 The Commission for y" Indian Affayres soe farr to con- 
I tinue in fforce as shall relate to keep y" Indyans in good 
to[Ord!'; 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 y" 
Cause of Action shall arise; but if the Action bee of above 
5tt they may Appeale to y^ next Court of Sessions.' 
1 Commission";^ to bee appointed to receive the Contribution 
i^ Money towards the ffortifications, & to manage it to the 
J best Advantage for payment of the Workmen.* 
Their Names are 
Tho: Lovelace Escp= Cap' Rich? Morris" 

be committed; yet, later in the session of the court of assizes, was released 
because nothing had been proved against him. — Court vf Assizes, vol. 2, 
pp. 290, 298, 312. 

' Mrs. Charles (Sarah Cornell) Bridges, of Flushing. 

2 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 in the mayor's court, 
on July 3, 1672, and the court " ordered that several of tlie 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 (i88i edition), 
vol. 2, pp. 455-478; Riker. Revised Hist, of Harlem (1904), pp. 283-284; 
American Historical .Magazine, vol. i (1906). pp. 25, S. 



Opposite p. 137. 



,.^6. 



. . ^^^^' LtiiTi^ imcn lo>r id^yji^ 



1 (_^>^V^ JSco;i 



I (own: Mrt.iv.,f . 






-- ivtVC: 



J «^/7 .^ «* 






^^ ^#^^^d5 '1 



r-v^' 



A PAGE OK THK COUNCIL MINUTES SHOWINC} 

LOWER QUARTER ROTTEN AND 

WRiriNC; FADED. 

I Retliiced frcmi 11'^ bv 7' 1 inches.) 



r 1672 ] 

LJune 24J 



Executive Council Minutes 



137 



Cap? Jn? Manning High Sher.' Mr Gibbs.- 
M' Allard Anthony.' Mr Thorn: Rombout.* 

A new Ordr to bee made against Transportacon of Come, Transpor- 



grounded upon the Ord' of y^ Court of Assizes.^ 

• 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, 167 1, 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, 2i5, 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. 
' 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. S3, 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. 

•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 commission, 
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. XLI. At the following court 
of assizes, October, 1672, it was ordered, " That y'' Prohibicon for y«^ Trans- 
portation of Come for this yeare bee repealed; & it shall bee lawfull for any 
Man to transport Come to Boston, or any place out of the Govemm*, as long 
as the price of Merchantable Winter Wheat shall be 4^ : 6? & Summer Wheat 
4^ in Silver or above, but not imder that price, upon the penalty of forfeiting 
the Value of what they shall soe dispose of; And what Strangers shall come 
to purchase Com 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. 



tacon of 
Come. 



138 



Province of New York 



r 1672 1 

Uune 241 



Gravesnd 
& Vtredit 
Bounds. 

Capt Car- 

teretts 

Letter. 

The Ordr 
about y^ 
Election of 
Constat: 
& Over- 
seers at 
Hemp- 
stead. 



The Bounds of Gravesand & New-Vtrecht; ' 
Commission'? to View & Report to y*^ Governo^ to bee con- 
sider'd of another time in its due Season. 

The Lett' to Cap? Carterett = & his Answ' read & con- 
sidered of; The Lett"? Ordered to bee Recorded, but not 
thought convenient to interpose in the Affayre any further.*^ 
j [107] In prosecucon of y"^ Ord"' of y*" late Co''.' of Sessions 
I held at Jamaica for a new Election of Constable & Over- 
[ seers for the Towne of Hempstead, the Returne whereof was 
jto bee made to his Hono"" the Governo'' for his Approbacon; 
I The Inhabit*." having accordingly proceeded therein, & made 
-' their Returne, wherein M^ 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 Mr Thomas Hicks & James Pine on 
the behalfe of themselves & others of the Towne, In regard 
severall of y^ 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, & y" severall Allegations on both 
sides, The said Choice and Election is allowed & approved 
of, as also that John Smith Rock Sen'^ & Jn'? Carrman * 
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 

' On the dispute over boundary, see General Entries, vol. i, p. 38. 

' Captain James Carteret. 

« Collateral and Illustrative Documents, No. LXXVII. 

« vSon 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 



[j'^Vi] 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 p'^sent Consideracon. 

By Ord^ &c: 

[108] The Returne of the Inhabitants of Hempstead as Hemp- 
to their Voluntary Contribucon towards the Reparation of ^^^^ ^'^°' 

1 rr I • 11/^ o IT tribucon. 

the iTort ' bemg p''sented to the (joverno'' & read; It was very j^^^ Qrdr 
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: 



Present 



At a Councell held at Fort 
James, July y'' i^' 1672. 



The Governor 
Cap: Delavall 
Cap: Steenwijck 
The Secretar 

About y" Contribucon of y" City towards the {Fortification, 

The Governo*^ will please to write a Letter To morrow to 
the Court, Vpon y^ Consideracon whereof. It shall bee 
determined how & what manner to propose & direct the 
most convenient way to raise a Contribution.^ 

The Lett"^ of Returne from y^ East end of Long Island 
about a Contribucon towards the fFortificacons.^ 

[109] The Governo'^ will make Answ"" to their Lett^ wherein 

■ Collateral and Illustrative Documents, No. LXXV. 

s Collateral and Illustrative Documents. No. LXXV. The reference to 
" Court " is, of course, to the mayor's court of New York City. 
'Ibid. 



I40 



Province of New York 



r 1672 1 

L July I J 



Wliore- 
KUl. 



The Ord>- 
upon DLin: 
Brorni. 



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.' 

M"^ ffletcher - makes good by word of Mouth what hee 
sett his hand to against Daniel Browne ^ 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 y^ good Behavio^ &c: w""" Order was as 
foUoweth — 

Whereas Daniel Browne a Planter at the Whore-Kill in 
Delaware Bay was Committed & sent a Prisoner hither by 
y" Magistrates there for contemning y'' Authority of their 
Court held by Approbacon of the Governo'', under the pro- 
tection of his Royall Highness together w''^ severall other 
Abuses & Misdemeano'?, for the w'''' hee hath exprest a 
great deale of sorrow, acknowledging his ffault, w'^ 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 w.'' will 
bee all lost without his Attendance on it, and Care thereof; 
The Premisses being taken into Consideracon, It is Ordered, 
That a Letter of Thanks bee sent to the Magistrates at the 
Whore-Kill for their Vigilancy & Care herein, & likewise 

' Collateral and Illustrative Documents, No. LXX. 

2 Notwithstanding considerable effort, the identity of this Fletcher has not 
been determined. 

2 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 WTiorekill, 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. 



[j'tuy'i] Executive Council Minutes 141 



that the said Daniel Browne be releast from his Imprisonm!, 
hee Entring into a Recognizance before his departure of 
20" to bee of the Peace and the good Behaviour towards his 
Neighbours, & towards all his Ma''f^ Subjects & Leige 
People, the w^'' 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 Suiiie 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 g^ q^^, ^^. 

As to y" Request from the Whore-Kill to repayre their whorekill 
Losses & Damages susteyned by y^ Privateers, that they may Request, 
lay an Imposition upon Strong Liquo" sold there. This 
Order was made.' 



The Request of y^ Magistrates at the Whorekill being | The Answf 
taken into Consideracon, wherein tfhley desire, that for i ""^ '-''^'^'^ 

r I T-\ riTi I thereupon. 

reperacon of the Damages & [m] Losses they susteyned by 
the Privateers the last Winter, they may bee permitted to 
lay an Imposition upon Strong Liquo", It is allowed of & 
consented unto, and the Magistrates there have hereby 
power to Levy & receive upon each Anckor of Strong 
Liquo"? spent or disposed of amongst them the Value of 
foure Guild"? 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 Ord^ &c. 

> Collateral and Illustrative Documents, No. LXX. 



& Order. 



142 Province of New York [jXM 



The Bakers The Bakers Request about goeing to Milford to grinde 

Request. Corne, — had this Order thereupon — ' 

TheAnsw"" 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 quantityes of 
Corne ground nearer home to supply their p''sent Want for 
y^ Shipping outvi^ard 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 Collecto'^ of the Customes,^ & give Security 
that they shall bring back in ffloure or Meale the whole 
Produce of such Corne they shall carry out of the w'''^ the 
Haven-Master * 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 Gefi''." Co" 
of Assizes touching the Prohibicon of Transportation of 
Corne is sett forth. r> o H"^ V • 



Mr Paine. M- Paines Busynesse & Dispatch. In Answ^ to their 
Lett''.* 

The first part is effected in recommending Assistance to 

' Collateral and Illustrative Documents, No. XLI. 

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 
Ami/crdam, p. 53. 

= Philip Johns. 

'Collateral and Illustrative Documents, No. LXXVIII. John Paine and 
Prudence Island, in Narragansett B<ay. C/. Brodhead. Hist, of N. y.,vol.2, 
pp. 188-1S9. Paine came over with Governor NicoUs as a soldier in Colonel 
George Cartwright's company, in 1664. He received his discharge from 
regular military service, on .'Vpril 18, 1665. — General Entries, vol. i, p. no. 



Lju^y'i] Executive Council Minutes 143 



bee given to M' Paine in his Discovery. The latter part is 
to bee Answ^ered. 

In y*^ meane time to bee suspended till M' Paine gives in 
his further Proposalls & Resolutions. 

M'''^ Nevius Peticon; It's granted. The old Condicons to M^^ Nevius 
bee observed punctually as her Husband had it. An Ord^ ^ '*^°° 
thereupon ■ — viz? 

The Peticon of Ariantie Bleeke y^ Widdow of Joannes TheOrd'^ 
Nevius deceased who lately held the fFerry from Island' "sv^.r. 
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 w '' 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 y*" 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 
person or persons fitt & capable to maintaine the same; that 
said Person or Persons performing y" 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 Ord' of the Governo"^ & Councell — 

The Agreem* between Newtowne & Boswijck before M' Dela- (The 
vail, M^ Nicolls, & Cap? Jacques Cortelijau, To bee Conl^rmed.= Agreem' of 

^ t- J ^ J ' Newtown 

■Long Island. [& Boswick. 

'Collateral and Illustrative Documents, No. VIII. 



144 



Province of New York 



r '672 1 

L July 6 J 



tre from 
Cap Car- 
terett &c: 



The Dec- 
laracon of 
Warr. 
When to 
bee pub- 
lishl. 



Time to 
fortify. 



A LettT from Cap? Carterett ' about a Suspicion of a Plott 
amongst y" Indyans to cutt off y'' English & to fall upon New 
Yorke: It is related by a Woman, who pretends shee heard 
some Indyans discourse it. 

[114] That a Lett'^ of Thanks bee return'd to Cap' Cart- 
erett for his sending; And that an Eye bee had over the 
Motion of the Indyans. i/ 

At a Councell held at Fort 
James in New Yorke y" 6'^ 
day of July 1672. 
Pres? 

The Governor 

Cap' De-Lavall 
Cap' Steenwijck 
The Secretar. 

His Ma"*"' Lett^ & Declaracon about the Warr being read.^ 

Tuesday next about 10 or 11 of y" Clock before Noone is 
appointed to make Proclamation of the Warr at the ffort- 
Gate & State house. ^ 

As to y" Paragraph of seizing upon y" Ships, Goods & 
Estates belonging to the States Gen^" there, that the best 
Method shall bee considered of, & putt in Execution in due 
Season.* 

To y"" Point of putting y° Place & Countrey into a [p]osture 
of Defence, In regard of the danger [115] that may bee 

' Captain James Carteret. 

' Collateral and Illustrative Documents, No. LXXIX. 

' On July gth, the mayor's court of New York City received an order from 
Lovelace, " together vnth a Declaration of Warr ag!' the States General of 
the United Provinces, dated at Whitehal the 4'-|> [sic] of April 167 1/2, to 
declare & Publish Warre against the s'j States, according to the TennV of 
s^ declaration; Which this day accordingly is done from the State house in 
this Citty." — Records oj New Amsterdam, vol. 6, p. 3S2. 

« Collateral and Illustrative Documents, No. I,XXIX. 



[sipt!%] Executive Council Minutes 145 



expected by Shipps preparing for the West Indyes from 
Holland & Zealand; 

The former Resolutions of the fFortifying this place to 
bee Vigorously prosecuted.' 

To follow such Directions as shall bee sent from his Royall 
Highness, when they come.// 

To Consider of some Persons to bee Added to the [^Councdl 

Cil , Wo bee en- 

ouncell — ^ , d 



Pres* 



At a Councell held at Fort James 
Sep^ 6'^ 1672. 



The Governo'' 
Cap? Delavall 
Cap? Steenwijck 
The Secretary. 

What past about Delaware, y'' Whorekill,' & Mr Paine '^^^"^^^ 
both as to y" Massachusetts & Rhode Island,* discourst, 
read, & Approved of. 

That it bee left to M' Delavall in his goeing to Boston [^^ Paine 

, ° ^ . . as to his 

to call in at Rhode Island & make [116] Enquiry about Lp^jg^jj^t 
y- Matf, & when there to discourse & reason the Case 1 at Rhode 
with them, about M' Paines^ Imprisonment, & binding l^^'^'*''- 
over in a Recognizance, of w'='' to make Report at his 
Returne.// 
The Commissaryes Letter about y'' handling at Schanech- Schanech- 

■' ■' L L J t'de about 

tide" was taken into Consideration; It was brought downe ^^^^^g, 

> Collateral and Illustrative Documents, No. LXXV. 
' The council seems not to have been enlarged. 

> Collateral and Illustrative Documents, No. LXX. 

" Collateral and Illustrative Documents, No. LXXVIIl 

' 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] 



146 Province of New York [slTCt] 



by Cap' Salisbury; ' There was also two Requests, one from 
Schanechtade, 'tother from Albany, brought by M"^ Delavall 
made to him & the Commissaryes, when above w "^ the 
Appostill's thereupon. 

An Ord'- ] Pqj. Schanechtide, It is Ordered — 

echtide. [ That for Redresse of small Grievances by Trespass, Debt 
or othenvise, They shall have a Towne Court to try all such 
Causes to the Value of one hundred Guild*^^', the persons who 
shall try the same to bee two to bee nominated by the Gov- 
erno'' 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;- As to the Matt" of 
Trade with Indyans or others there, they are to bee Regu- 
ated by the Ord" made by the Governo'^ & Councell the 
last Summer at Albany till further Ord'' 

An Ord'' | For y'' Inhabit'.'' of y- lower part of Albany, about their 

for Albany, j having a New House built upon the Common by the South- 
side of the Towne, for tlie Mahicand" Indyans, & others 
that shall come th[e]re. It is thought fitt & Ordered That 
Liberty [117] bee granted to y^ Inhabit'-'^ of y" lower part of 
the Towne to Erect such a House to y^ East of y"" South- 
Gate upon the said Common in some Convenient place to 
bee laid out by Cap? Salisbury and the Commissaryes, but 

' Captain Sylvester Salisbury. He bad 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. Cornells 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. 



[sep^e] Executive Council Minutes 147 



not that hereby any Persons doe presume to Erect Handling 
Houses or Hutts there, upon this or the Hke p''text. 

And that y" Ord";"^ heretofore made for y" Hutts on the 
Hill ' to bee Erected into Dwellinge 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.// 

The Peticon of M"^ Smith to bee referr'd to the Assizes- — ^'^ Smith 

1 r II • /^ 1 o °f Nesa- 

as by y" followmg Ord^ &c: q^^^e. 

Vpon y" Peticon of Rich? Smith of Nesaquake, That for Peticon. 
severall Reasons by him given hee might have a Review orjTheOrd"' 
Rehearing of his Case between him & the Inhabitants of e^eupon. 
Huntington, there appearing many Difficultyes therein, for 
that it had before been heard in two diverse Courts; It was 
Ordered that it bee referr'd 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 y*" 
Reasons & suggestions given in, Whereunto both y^ said 
Rich'^ Smith & the Inhabitants of Huntington are to stand 
and abide. 

By Ord^ &c. ^Mr Rich- 

I bells differ- 

[118] The Reports of M^ Lovelace & Cap? Manning about i ^"'^'^• 
M'^ Richbells Difference with his Neighbo'!% & their Recon- 1 j^^^jg 



ciling it Allowed of.^ ^ thereof, 

M^ Riders & M^ Gibb's the like at ffordham.* M^ Rid^ & 



M"- Gibbs. 



' "Along Broadway and State street, which was called the Hill." — Pearson' 
Early Records of Albany, p. 13. 

2 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 



r 1672 1 

ISept. 6j 



Tho: Petit 
about a 
Divorce. 

Countrey 
Rates to 
continue as 
before. 



ee 



The House 
in y^ Fort 
at Albany 
to bee 
repaird. 



Thomas Pettit's Businesse about a Divorce to b 
deferr'd till his wife bee brought to make Answer.' 

As to y' New Countrey Rate for y'' 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 y*" Co"^' of Assizes & Sessions to moderate the 
Expences; And at the Assizes to take off Wolves and Hue 
& Cryes.- 

An Ord"^ for y^ Reparacon of y" House in the ffort at 
Albany & a New Kitchin discourst of by M"^ Delavall to the 
Governo' in Councell, allow'd of. — Vide y" 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, w"^*^ before div;rse persons shee hath had the Impudence to avow 
without any apparent Cause given by her husband, for the w*-'' hee hath 
made Suite that hee may bee divorced from her; And there having been 
Proof e made in Cof', That y= s'? Sarah Wife of y^ said Thomas had Legall 
Summons & timely notice to make her appearance in this Co"^.^ in her Defence 
if shee had any thing to say in her Justiiicacon 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 Co"^ 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 Co^' 'loth recommend to y= Governo', & doe 
likewise Order, That whensoever y'' said Sarah shall bee found within this 
Governm', shee shall bee committed to Prison, there to reraaine untill the 
next Co*? 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'.^ hereupon." The husband, 
of course, was granted an absolute divorce. — Court of Assizes, vol. 2, pp. 
291, 299, 316. 

2 At the court of assizes, of October, 1672, the rates were modified for the 
several towns on Long Island, wolves being " discounted w"' y*^ Constables 
within whose limitts " they were killed. — A^. Y. Colonial MSS., vol. 22, 
p. 142 (Article 2). 

» Collateral and Illustrative Documents, No. LXXXIV. 



[n^S.^'q] Executive Council Minutes 149 



[119] At a Councell held at Fort 
James in New York the 
19'.'' Novem: 1672. 



Present 



The Governor 
M"^ Steenwijck 
The Secretary. 

The Matt- first under Consideracon was the Complaint Jn°Jen- 
& Petitions of John Jennings ' & William Jane of Southon ^"^V^g 
about Jn° Coopers Evill Words against the Governm', & ags* Jn° 
Cap^ Howells = & Mr Mulfords =• Justification of what they Cooper. 
have done.* 

A Peticon brought in by Jn° Jennings about his being 
bound over to the Sessions. 

Another from William Jane to y^ same Purpose. 

The Deposicons of William Jane & Thomas Travally ^ 
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 p'^sent here, but y° Justice is to bee 
sent to for his Oath likewise. 

' John Jennings " of North-Sea within y*^ Jurisdiction of South-Hampton " 
was " Marshall & Cryer at y^ Court of Sessions," in the East Riding of York- J 
shire for several years and received Lovelace's confirmation in the post, 
August II, 1671. — -General ErUries, 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, ff. 

'Captain Jnhn Howell, of Southampton, L. I., one of the justices of peace 
for the East Riding of Yorkshire. For the genealogy see Howell's South- 
ampton, second edition, p. 302. 

"J"hn 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 Soutliampton, vol. 2, pp. 92, 257, 262, 263, 329. See 
also Howell's Southampton, second edition, p. 439. 



I50 



Province of New York 



r 1672 1 

LNov. 19J 



The Ord"' 



Concerning y^ w"^*^ & y"" other Deposicons against John 
Cooper. This Ord"' was made viz! 

I Vpon Perusall & Consideracon had of the Testimonyes of 
Coone I WiUiam Jane & Thomas Travally [120] wherein is sett forth 
that Jn? Cooper hath spoken words tending to y" Defamation 
ofy*" Governo'' & this his R: H"" his Governmn', the w''^ thes*^ 
W" Jane hath been sworne to before y" Governo'^&his Coun- 
cell. It is Ordered, That the Oath of Thomas Travally bee 
taken hkewise to his Testimony by the Justice of y"^ peace at 
Southton, & that Jn° Cooper bee bound over to make Answ'' 
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 Cor* to the Court of Assizes, of all w"^ 
an Account is to bee Rendred unto his Hono!' y" Governo''// 

By Ord^ &c: 



W" Braw- 
ley's De- 
posicon. 



Jn'' Jen- 
nings Cus- 
tomer. 

Edwd 
Petty y« 
like. 



W™ Brawley that came from thence in Cap' Delavalls 
Ketch ' 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 
w"" Jn° Laughton.^ 

Edward Petty of Southold ' 

' The name of the ketch was " Rebeckah ." 

2 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 ])0wder 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, Warrants, 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, in 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 



Uovjy Executive Council Minutes 151 



W" Per- 
W" Perkins of East-Hampton.' kins the 

like. 
Cap' Howells Commission to bee renewed for one yeare ^^pt 

more.^ Howell's 

Com mis" 

M. Jennings Busynesse about his Bargaine to bee [hjeard '''^I'^wd. 
at v^ sessions. . , „ 

-' mngs Bar- 

(/aine. 

[121] M' Melijen's Peticon about y" unloading of hisj., , 

Ship ^ to see what Damage is done, that it may bee deter- 1 Melijen & 

y^ Ship 
Expectac- 
tion [sic] 



mined here, being taken into Consideracon hath this Ordr 

thereupon viz' 

Vpon a Peticon p''ferrd to the Governo^ & Councell by The Ord"" 
M'' Isaack Mehien, That hee may have Lycence to unload a^out 

■^ -^ Melyen & 

his Ship, soe that a p''sent Value may upon equall Charge j^g vesseli. 
bee putt upon y'' Damage the Goods on board his Shipp 
may have receiv'd by the late Casualty of y'^ Sea, shee having 
sprung a Leake; It is Ordered That y'^ Difference between 
the Own'.^ & {freighters concerning the said Damage shall 
bee tryed & determined here in this Place where it was 
receiv'd; In Ord!^ whereunto It is recommended to foure 
able & indifferent Persons who are desired to Examine & 
make Inspection into the Matter aforesaid, & if possible w'*" 
their best Skill & Judgm'"^ to Endeavour a Composure; But 
in case they cannot make an Accord between them, That 
then they forthwith transmitt y^ Matter back againe to y" 
Governo"^ & Councell, who will make such Determination 
therein as shall bee consonant to Equity & good Conscience. 

By Ord^&c: 

was a ship carpenter, in which trade several of his sons followed hini. 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. 

' Collateral and Illustrative Documents, No. XXIX. * Ibid. 

' Collateral and Illustrative Documents, No. LV. 



152 Province of New York Ultl^] 



The persons desired to take this trouble upon them are 
M"^ Jn° Laurence ' Mayo'' of this City, Cap' Isaack Bedloo - 
Alderman, Cap' Johannes Van Brugh,^ & M'' Jacob Leysler,^ 
who are to meet about it w"' all convenient Expedition to 
avoid Demurrage. 

' John 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, 166S. By appointment from Governor Lovelace, he 
was a member of the board, from October g, 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 Asshes, 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 1, 
1668, " Comptroller of his Ma*.''=s Customes for this Port of New York, & 
y° rest of his Royal Wf 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 coffionly called Oyster 
Island," for which Bedlow had had " a Patent graunted by Co^* 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. 
emo!'^ spe[c]iall warrant in Cases of breach of y9 peace or Cryrainall Matt'^" 
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 supervise. 
State, & Audit " his books and accounts, and, on August 9, 1675, ^^ widow, 
Elizabeth, daughter of Cornells 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 A^nsterdam, vol. 
6, pp. 261-262, 333; Court of Assizes, vol. 2, pp. 409, 576, 603, 633, 6S7; 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. 16S; Innes. 
Ne^v Amsterdam, p. 49; foanncs Nevius and bis Descendants, pp. Si-84. 

» Captain Johannes Peterse van Brugh. 

•Jacob Leislet. 



[novJ^'.J Executive Council Minutes 153 



Present 



[122] At a Councell held in Fort 
James. Novem: zz**" 1672. 



The Governor 

Cap' Tho: Delavall — M'' Mayor « 

Cap! Cornells Steenwijck. 

The Secretary. 

The Matf taken into Consideracon was the Matt' of Mn ^'^.'^'' „ 

• J Smith, & 

Smith & Huntington," occasioned by M'' Woods ^ bring- j Hunting- 
ing hither Thomas Benedict* & Henry Whitney,^ who [ton- 
appeared. 

Their first Testimony produced, to y"^ w"^** y" 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, w'"'* 
appeares upon Record. 

A Copie of the first Testimonyes read also.// 

M- Benedict & M"^ Whitney doe Declare That the Originall M-^ Bene- 
Testimonyes now given in by them in Writing, sworne to ' . _ 
before Richard Olmstead Commission', is the very same Deponents 
Writing sent by them formerly to the Inhabitants of Hunt- '° y" ^^■ 
ington, & that they sent noe other. 

' Those present were Governor Lovelace, Secretary NicoUs, Mayor John 
Laurence, and the former mayors, Delavall and Steenwyck. 

2 Collateral and Illustrative Documents, No. XXV. 

'Jonas Wood, of Huntington, L. I., justice of peace, having been commis- 
sioned by both NicoUs and Lovelace to that office. — Orders, Warrants, 
Letters, vol. 2, p. 434; Deeds, vol. 2, p. ig. See also Huntington Town Records, 
vol. 1, pp. 6-7, 46, 63, 148-149, 1S5, 503. 

' Thomas Benedict, of Norvvalk, Conn., and formerly a resident of Hunting- 
ton, L. L See Huntington Town Records, vol. i, pp. 8, 23, 37, 87. See also 
Benedict Genealogy, by Henry M. Benedict, and Whitaker. Hist, of Southold, 

V- 5>- 

' Henry Whitney, of Norwalk, Cotm., 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 [Nlt'!\2] 



That y^ Copie thereof now produced Attested by M*^ Wood 
& Isaack Piatt ' is the very same was by them shewn to M^' 
Smith, when hee was at Norwalk with them. 

[123] The w'^'' 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 Governo^ & Councell, in the presence 

of M' Smith his Wife & others. 

Mr Melijen M'' Melyen's Peticon taken againe into Consideracon, 

againe. Mt Mayo!^ & the rest having brought in their Report, y' they 

could not accomodate y^ same,- this following Ord"^ was 

made — 

The last Whereas — Vpon a Peticon p'ferr'd by Isaack Melijen 

Ord"^ of jQ ye Governo'' & Councell upon the I9'^ 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 y* 

Examinacon & Inspection of M^ Mayo'', & some other able 

& indifferent persons to endeavour a Composure of the 

Difference between y'^ Own'? & ffreight'^.% of w''^ Report hath 

been made back unto y'' Governo'' that they could not 

attaine thereunto; The Petition afore-menconed & whole 

meritts of the Case being taken into serious Consideracon, 

It is Ordered that the Petn'' Isaack Melijen shall have 

Liberty to unload his Shipp in this Port, to the End what 

Damage the ffreight'^^^ Goods have receiv'd, may bee viewed 

& adjudged; And in the Vnloading y'^ ffreight'^^'^ are desired 

to bee ayding & Assisting unto the [124] Own" or Mast'' in 

' Isaac Flatt, often called Plott in the records, was a son of Joseph Piatt, 
of Harrington, 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. I., p. 473; Huntington Town Records, vol. i, pp. 
4^, 46, 93, 145-146, 17S, i.SS; 243, 344. 

2 Collateral and Illustrative Documents, No. LV. 



b^nJij] Executive Council Minutes 155 



taking Notice & Ace' of their Goods as they shall bee removed. 
It is hkewise 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 y"^ 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 y^ 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. tf 

By Ord-^ &c: 

The Goods may bee putt in the Kings-Warehouse, & the 
ffreight'^'' are desired to bee ayding in Observing the Markes 
of their Goods. 



Present 



[125] At a Councell held in Fort 
James, Jan'.^ zf^ 1672. 



The Governor 
MrTho: Delavall 
M^ Cornelis Steenwijck 
The Secretary. 

The first thing under Consideracon is the Letters from Albany. 
.,, Jn° Stew- 

Albany. J^^^ 

About y*" Murd^ of Mr Jn? Steward,' by two North Indyans,= Murder. 

■ Collateral and Illustrative Documents, No. LXXXVI. See also Brod- 
head. Hist, of N. Y., vol. 2, p. 198. 
'The Mahican, an Algonquian tribe. 



thereupon. 



156 Province of New York [jan-'iy] 



by Name the one Calcop,' 'tother Keketamp of the Castle 
called Naratack.^ 

The Lett"? from y" Commissaryes, Cap' Salisbury,' & 
Cap* Parker/ with the Relacon thereof are read. — Where- 
upon this Order was made. 
The Ord'' Whereas certaine Informacon hath been given of a 
Barbarous Murder committed upon the Body of one M' 
]n" 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 y'^ 
Delinquents, [126] It is Ordered, That a Commission bee 
forthwith sent up to Cap* Silvester Salisbury, Cap* Jeremias 
Van Renslaer, the Commissaryes & all y'' Commission 
Officers of the Militia to sitt as a Court of Oyer & Terminer; 
w'''' said Co*? is to try y" Male-facto'^.% & being found guilty 
to pronounce y'^ Sentence of Death upon them, & cause the 
same to bee putt in Execution, after w"*" tlieir Bodyes are to 



' Calcop is, no doubt, a corruption of the Dutch Kaalkop, meaninsr 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 ii, 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. iSo; Beauchamp. 
Aboriginal Place Names of New York, p. 194.. 

' Captain Sylvester Salisbury was commander of Fort .Albany. 

'Evidently William Parker, who was a sergeant on October 13, 1671, at 
Albany. — Pearson. Early Records of Albany, p. 490. 



ban."?] Executive Council Minutes 157 



hang in Chaynes upon a Gibbett or Gallowes to bee Erected 
in som[e] eminent Place neare y" Towne, soe to strike the 
greater terro"^ in the rest of their Companions, but that it 
bee left to y'' discretion of the Co"' 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 Tryall Notice bee given to as many of the Indyans both 
Sachems & others, as conveniently can bee made acquainted 
therew**^ to bee present & see the Proceedings of y^ Court 
against the Murderers, where the Sachems are to bee treated 
w"' all Civility, & also that the said Indyans bee at the Place 
of Execution; Of all w''*' an Acco' is to bee returned hither 
to his Hono*^ the Governor with y® first Opportunity. 

By Ord' &c: 

Jeuffro 

[127] JeufFrou Curlers Peticon from Schanechtade desiring Schanech- 
some fFavour about Liberty to trade w"^ the Indyans, in tide. 
regard of her great Losse by the ffire.' totradew"' 



' 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 in 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 
in Schenectady stood on land now occupied bj' the Mohawk Club. Owing 
to the loss of this house, barns and corn by fire, and in consideration of the 



y"= Indyans. 



158 Province of New York Ud^jt] 



Her Lett*^ to M"^ Delavall, & another to M"^ Beeckman ' 
upon the same Acco* 

An Order thereupon as followeth. 
The Ordr ) Vpon y" Request of Antonia Van Curler of Schanechtide 
ereupon. ) prgg^i^gj ^q p,|g f|ono"' y" Governo'' that having not long since 
receiv'd a very great Losse by ffire, shee may for her p'^sent 
Reliefe bee soe farr indulged as to have Licence to sell some 
Rumm to y'' 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 Ma'''^' Publick Service, Shee the 
said Antonia his Widdow shall have free Liberty & Licence 
for y" 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 29"^ day of May w''*' shall bee in the yeare of 
o'' 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 Beav''' 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 Ord^ &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; A*^. 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 W estcliester County, vol. i, p. 770. 
See also Collateral and Illustrative Documents, No. LXIX. 
' Thomas Delavall and William Beeckman. 



[jan.^vl Executive Council Minutes 159 



Schanecli- 
tide. 



The Matt'' of Difference between y" two Tappers at'xh 
Schanechtide, not thought fitt any Order shall bee madeJTapp'"' of 
therein further, this Liberty to the Widdow probably being 
a meane to defeat both their Expectations.' 

The Commissaryes Lett*^ to y"' Governo'' about y*" Contri- Esopus. 
bution, not yet ready, & a Request that a Tax imposed p°°'"' 

. , bucon. 

about three yeares agone upon their Land, Working 
Horses, & Cowes may continue to support the Charge of 
the Towne.^ 

M"^ Graveraets Letter for y" Continuance likewise. 

The Ord"^ thereupon. 

Vpon Consideracon had what hath been represented to his The Ordr 
Honor y^ Governor by y*' Schout & Commissaryes at y*" '" Answ'' 
Esopus as touching their Voluntary Contribution towards 
the fFortifications here, and a Tax heretofore Agreed to [129] 
bee imposed for y"" time of three yeares, upon each Margen 
of their Improved Land, as also upon their Working Horses 
and Milch Cowes towards the defraying y"* Publick Charge 
of their Towne, w'''' 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 Consideracon, It is Ordered, That the said Volun- 
tary Contribution bee Collected & paid in to M?" Isaack 
Graveraat ^ the Schout in good Corne according to y" 

■ Collateral and Illustrative Documents, No. LXIX. The two tapsters 
were Cornelis Cornelijssen Viele and the Indian, Aques or Jaques Cornelijssen 
Gantsh [van Slyck]. 

2 Collateral and Illustrative Documents, No. X. 

» Isaac Graveraet, Greveraat, Greveraet, Greveratt, was granted a letter 
of denization in New York City, on November g, 1670, " as being here at y^ 
Surrendr " 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 
w<:h shall come in there bound for that place [Kingston], & make an 
Entry of their Loading; And likewise that hee cause y'^ Master or Skipper of 
any such Sloope or Boate before hee comes away to take a Certificate or 



i6o Province of New York ban."^] 

Intent & Meaning of the Donation, otherwise it shall bee 
in the Liberty of the said Schout to refuse the same, & con- 
strayne them to pay better. And likewise that y^ former 
Taxe upon y^ Land, y° Working Horses & Kine, bee con- 
tinued for two yeares longer, or untill farther Order, begin- 
ning from the Expiracon of the last three years. And for 
that there was y*" last yeare the Summe of sixteen hundred 
Guild"''' allowed towards the Publick Charge of the Towne 
out of y'^ Excize; It is also Ordered, That an Acco' bee 
given to the Governo'^ how the said sixteen hundred Guil- 
ders, & y'^ 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. R O rl"' X^ 

Cap' I That some particular Ord^ bee sent to Cap- Chambers,' 

Chambers • , ,, 

f J , f Pass-porte for his Vessell and Loading, as is practized m other Ports. — 

jj . \Court of Assizes, vol. 2, pp. 615, 657; General Entries, vol. 4, p. 3. See 

' sketches in Bergen. Kings County Settlers, p. 124; and A^. Y. Geneal. and Biog. 

Record, vol. 7, pp. 60-61. His tirst 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. 

' 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, in 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, 



[jin.%] Executive Council Minutes i6i 



who is exempted from being Rated by the Towne, in regard 
of his Manno"^ ' 

[130] That some particular Ord"", or Lett"^ of Thanks bee [Cap' Pawl- 
sent to Cap' Pawling - for his care & Vigilance concerning 1 i^jy^ns^ 
the Indyans there, since the Murd"^ at Albany; ^ & that hee 
continue the same &c: 

The Governor himselfe will doe it. 

Cap? Carrs * Lett'^ about Affayres there, & the Whore-Kill Delaware, 
with his Proposalls. 

In particular. About y'' Sloope of Thomas Lewis, goeing 
up the River &c: ^ 

About w'^'' this Ord- was made. 

Vpon its being represented to y" Governo^ & Councell y^ Ord'' about 
Inconvenience of debarring Sloopes & Vessells of this Place goein„upto 
from goeing up y^ River " above New Castle, Although it N: CasUe. 

vol. 2 (second part), pp. 45-47; Land Papers HH, p. 102; Van Rensselaer 
Bowier Manuscripts, pp. 755, 835; Olde Ulster, magazine, vol. 1, pp. 77-83, 
117, 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. 

' 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 Comp<;= listed or to bee listed in the Townes of Marbleton & Hurley & 
precincts at Esopus." He describes himself in his will, dated January 21, 
1 69 1, 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. — N. 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. 

5 The murder of John Steward. See Collateral and Illustrative Documents, 
No. LXXXVI. 

* Captain John Carr. 

s Collateral and Illustrative Documents, No. LVI. 

• Delaware River. 



1 62 Province of New York [jan."^?] 

bee permitted to all Vessells within the Governm* to goe 
up y'' River ' to Albany, as also the Distast w'^'' 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,- bringing a Certificate from 
y'' Governo'' 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 m s^. . 

[131] A Lett" from M'^ Wharton,^ & another from Cap' 
Cantwell * about y" Affayres of y^ Whore-Kill. 

A Proposall for y" Reducem' of y'^ Whore Kill by the 
Offic" from Delaware according to their Proffer. '- 

The Consideracon hereof to bee suspended untill the 
Returne of Henrijck the Loper,° or a convenient Oppor- 
tunity of sending. 
Douglas. The Letti' w"' which W" Douglas was sent from 

Delaware.' 
The Ord!^ Ordered, That in regard of the Trouble hee hath given 

' Hudson River. 

" Delaware River. 

' Captain Walter Wharton. 

• 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-CasUe, or back againe toward this place [New York], having 
Lett"? & Dispatches of public^ Conceme." — General Entries, vol. 4, p. 72. 
In the records he is named also " Henry y^ Loaper." — Ibid, p. 46. Drooge- 
straet became a resident of Elizabethtown, 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 0/ New Amsterdam, 
vol. 6, pp. 255-256; A'. /. Archives, vol. 21, p. 50; Hatfield. Hist. 0/ Elizabeth, 
pp. 249-251. 

'Collateral and Illustrative Documents, Nos. XIII and LXXXVIII. 



ban"?] Executive Council Minutes 163 



the Countrey, hee bee sent by W™ Shackerley ' for the 
Barbados, there to bee sold & Disposed of, to make Satis- 
faction towards the Charges hee hath occasioned. 

About y" Prison" Request for their Liberty,^ & first of Ben:Jon- 

. ^ . ^ ■' son & 

Benjamin Johnson, It is ordered as followeth. Thom: 

The Case of Benjamin Johnson a Prison"" in y^ State- Fauix. 
House ^ of this City being taken unto Consideration, together ^^^^^i 
w"' the long time of his being in Durance, It is Ordered, -^^le Ord'' 
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,* with Liberty to returne to his House,^ & 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 y'^ Custody of the SherifFe, & farther 
Order will then bee given him by the Governo''.// 

By Ord^&c: 

' 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, in 1670; and of the ship " Endeavour," in 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, in which he is called " of New York, mar- 
iner," see Collections of N. Y. Hist. Society, 1892, p. 466. 

'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 schepeus of New Amsterdam. It was 
substantially built of stone and stood on the present northwest corner of 
Pearl street and Coenties Alley until demolished in the spring of 1700. For 
an account of this building, with plans and illustrations, see Irmes. New 
Amsterdam and its People, ch. xv. 

' Allard .\nthony. 

> 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. 



164 



Province of New York 



r 1673 1 

Uan- 27J 



The Ord"- 

upon 

Fnulx. 



Quakers 
Paper. 
Cap^ Man- 
ning. 

Order. 



About 
Hoggs. 
The Order. 



The Wid- 
dow Davis. 



About Thomas fFaulx; It is Ordred, That according to 
y'^ Sentence of y'' Court hee bee Transported out of the 
Government by the first Convenience; In the meane time 
to remaine in Custody. 

The Consideracon hereof for y" p'^sent to bee suspended.' 

A Petlcon from y' Inhabitants of this Island against 
Cap' Mannings Patent for Land by the ffrench-Manns.- 

That y'' 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. 

Vpon Complaint made by y" great Quantityes & Noy- 
someness occasioned by keeping of Hoggs in [133] the City, 
It is Ordered to bee Recommended to the Court of Mayo'' 
& Alderman to finde out some Expedient for y^ Clearing 
the Towne of them, or that they bee kept without the City, 
that they bee noe longer a Nusance to the Neighbourhood./?^ 
' Her Peticon read, for Liberty to come hither w"' 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, 
Sloope, or Estate, shee shall bring w"" her.^ — The Ordr 
at large. 

' Related to contributing toward the repair of Fort James. 

' 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, 167 1/2, 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. 



banJiv] Executive Council Minutes 165 

Vpon y^ Request of Sarah y* Widdow of Nicholas Davis ' The Ordr 
deceased made unto his Hono^ y" Governor That shee 
may have Liberty to come to this City w'^*' her Sonn Samuel 
Davis, together w'*' his Sloope & Loading, without any 
Molestacon by Arrest or Attachment, from any of her late 
Husbands Credito", the better to bee enabled to treat w"', 
& if Occasion bee Compound w"" y'' said Credito", & 

' 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, Hianna, 
located on an inlet, now called Lewis 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 Hyaimis 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 y^ Governo'' & 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 17 19. On July 4, 
1673, 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. I., vol. 7, p. 98; Plymouth Colony 
Records, vol. 5, pp. 124-125; vol. 7, pp. 17S-179. 



1 66 



Province of New York 



Ijan. 28j 



likewise use y^ 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 fFreight are 
Landed, That shee may w'** her said Son & his Sloope, 
quietly depart againe without any [134] Lett or hinderance, 
thereby to seek & Endeavour to give all the Credito""^ the 
best Satisfaction shee can enabled to; The Premisses being 
taken into Consideration, & that all possible ffavo*^ may bee 
extended to the Widdow in her soe just & reasonable 
Endeavo'^''; It is Ordered That the said Sarah Davis her 
Request bee fully Granted; of w^*" the Mayo'^ of this City, 
Justices of the peace, & all other Offic''^ whom it may Con- 
cerne are to take Notice, That they issue forth noe Warrant 
of Arrest or Attachment, against y^ said Widdow, her Sonn, 
his Sloope,' 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 Ord^ &c. 



A Packett 
from 
White- 
Hall. 



Pres? 



[135] At a Councell &c: 
Jzn'y 28'.*^ 1672. 



The Governor 
Mr Tho: Delavall 
M^ Cornelis Steenwijck 
The Secretary. 

The Occasion of Meeting was y** Reception of a Packett 
from White-Hall by the hands of M"^ George Moore,- which 
came from England by the way of Boston; hee arrived in 
the After-noone about 4 a Clock. 

' The sloop of Samuel Davis was the " Dolphin." 

' Apparently this is the George Moore who had land patents in Delaware. — 

See Original Land Titles in Delaware, pp. 102, 128, 165. 



UJriiy Executive Council Minutes 167 

The Pacquett came only from S"^ Joseph WiUiamson, 
w"^ diverse Newes-Bookes ' &c: relating y" Miscarriage of a 
Packett from his Ma"-^, w""*" M^ Gorsuch ^ 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: 14'.*^ 1673. 
Present 

The Governo'^ 
M^ Delavall 
Mr Steenwijck 
The Secretary 

The Busynesse of Peter Groenendijke suspended for a Peter Groe- 

r r\ 1 nendiike 

tevp Uayes.' ' 

M^ Gardn*^^ of Nantuckett his Businesse suspended.//* Mr Gard- 
ner of Nan- 

■ Newspapers. tuckett — 

2 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 y= North by a Creek called by y"' Indyans Quiackitkunck ats 
Nicambanack Creek, & South by y® North-side of Pemecacka Creek, passing 
over Pasaquessing Creek." — General Entries, vol. 4, p. 189 (dated in an order 
relating thereto, August 12, 1672). 

' 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 pared of land, granted to Lim in 1679, °i the 
west side of Delaware River and on the north side of Murther Creek, called 
" new Seavenhoven." — 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. 

'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, he 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 



LApril 14J 



Whore-Kill. 



Order for ] 
its Re- I 

ducem? 



Quakers 
Petition 

Lawes 
Military 
to bee 
attended. 

The Bakers 

about y*^ 

Cure- 

Mastr 

The Order. 



Kingdome 
& Tijs 
Barents. 



The Affayres of the Whore-Kill taken into Consideracon.' 

The Lett" from Cap' Carr,- Cap' Wharton,^ & Cap- 
Cantwell * read, with their Proposalls for Reducement of 
the Place. 

It is Ordered, That a Commission bee sent to y'' Offic"^? & 
Magistrates at Delaware to goe to y" Whore-Kill, there to 
keep a Court in his Ma''.'''' Name, & to make Enquiry of all 
Irregular Proceedings, & to settle the Governm' and Officers 
there as formerly under his Ma''?"" Obedience, & the Pro- 
tection of his Royall Highness, for the w'''' there shall like- 
wise bee sent particular Instructions.// 

[137] The Quakers Paper about y'' ffortifications con- 
sidered of 

That the Lawes bee Attended as to Military Matt",^ 
& his Ma''?^ Proclamation as to the Liberty granted to 
Non-Conformists; other Matt"? relating to them to bee 
suspended. 

The Bakers Peticon about y'^ Cure=Masters Place of 
Bread & Floure, considered of. 

Vpon y'' Peticon of y" Bakers &c: It is thought fitt. That a 
Meeting shall bee had by y'^ Governo'' & Councell w"^ y" 
Mayor & Aldermen, to discourse & consider of this particular 
Business, when all Persons that are concern'd shall have 
Notice to appeare &c: " 

The Busynesse of Kingdome & Tijs Barents ' referr'd 

' Collateral and Illustrative Documents, No. LXX. 

' Captain John Carr. 

' Captain Walter Wharton. 

' Captain Edraond Cantwell. 

' 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. 

' 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. 



LApril iSj 



Executive Council Minutes 



169 



back to y'' Justices that sate upon the Bench for their Deter- 
minacon, of w"^ to make Report to y'' Governo"' 

Jan Jansen's Peticon to bee referr'd to the Viewing of 
the Governo'', & some of the Councell, in some short 
time. 

M"^ Nicholls his Charges at Delaware, Anno 1669. An 
Order for the Payment of it out of the Long ffinns ffines as 
before.* 

[138] Delaware Last Charges to bee p"? out of the Publick,' 
but suspended for further Consideracon how & in what- 
manner.// 

Some Survey's from M"^ Wharton,' Ord'red to bee Patented, 
w*** the Restriction of settUng in due time. 



Jan Jan- 
sens Peti- 
tion. 

Mr Nicolls 
his Charge 
of Dela- 
ware. — 

Delaware 

last 

Charges. 

Surveys 
from M'' 
Wharton 
to bee 
[patented 



Present 



[139] At a Councel! in y^ Fort &c: 
Apr: iS'.*" 1673. 



The Governo' 
& Councell. 
The Mayor 
& Aldermen. 



The Matt- under Consideracon was y*^ Complaint of Juriaen 
Jurian Blanck * on y^ behalfe of hi^ Daughter ^ against „ „ 

' Collateral and lUustrativv; D cuments, No. XI nendijke. 

2 Collateral and Illustrati.v Documents, N> . LXXIII. 

' Captain Walter Wharton. 

'Juriaen, Jurian or Jurijaen Blanc.:, Sr., was a skipper engaged in trading 
with the Swedes on the T elawarj as cr.rly as 164:;. In 1646, while attempting 
to trade on the Schuylkill, the Swai'.ish commander ordered him away. In 
the will of his widow, Catharine, dated September i, 1698, their children are 
mentioned. — Brudhead. Hist, of N. Y., vol. i, pp. 380, 424; Collections of 
N. Y. Hist. Society, 1892, p. 296. 

' Aimetije or Jannetije Blanck. Apparently, after the Groenendijcke affair, 
she was married to George Brewerton. — Collections of N. Y. Hist Society, 
1892, p. 296. 



lyo Province of New York UpfiPis] 



Peter Smith ats Groenendijcke, & the Affayre between him 
& Maria De Lanoy.// ' 

All the Papers & Peticons read on both parts.// ^ 

Jurijaen Black Sen'' & Jun!", & Jannetije & Katharine 
Blanck ^ his Daughters w"* Albert Bosch * his Sonn in Law 
appeare before y^ Governo'' to bee heard what they could 
prove of y" Allegacons putt in against Peter Groenendijke. 

Peter Groenendijcke also w"^ M'' Sharp ^ his Attorney 
present; Peter brought in by y"" Sheriffe.' 

Hee is Ordered to bee Committed into y" Custody of the 
SherifFe, & not to stirr out of y= fFort.// ' 

Maria De Lanoy w"'' 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 w"" her in Octob'^// 

Shee produces two Papers, one his Oath Dated Aug: S'-*" 
1672. & a Paper of Aprill y"^ i"""' under y'' hands of flfredrick 
Gijsbert ' & his Wife; Mr De Pijester," Peter De Lanoy, & 
Cornelia de Pijester. 

It was putt to y'= 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, i860, p. 596. 

' 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, 1S92, p. 296. 

• 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. CImrch, Marriages, p. 33. 

' John Sharpe. 

• .\llard Anthony was sheriff of New York City. 
' Fort James. 

' Fredrick Gijsbertsen. 

■ Johannes de Peyster, who was at this time an alderman of the city. 



[aphusI Executive Council Minutes 171 

M^ Darvalls ' Opinion is, That liee should marry one 
of them, the w'^*' can make her Right best appeare to 
him. 

M^ Rombout,^ That hee is capable to marry one of them. 

M"' De Pijester, That hee should marry one. 

M"^ OlofFe Stevens ^ the like. 

M!^ Van-Ruijven * desires to consider of it before hee gives 
his Answer; but after saith one. 

Mr Mayo^ * desires Informacon as to a President, but after 
yields to one. 

The Secretary," That having broken his Troth to both, 
hee should have neither. 

M'' Steenwijck' for one. 

Mr Delavall * 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 y" meane time Peter Groenendijcke to putt in New 
Bayle (the old Surrendring) or to goe to Prison. 

' William Darvall or Dervall, who had been commissioned an alderman of 
New York City, on October 13, 167-. He was 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 12th). In 1675, Darvall was mayor of New York City — an 
office previously and subsequently held by his father-in-law. — General Entries, 
vol. 1, p. 138; vol. 4, p. 220; Court of Assizes, vol. 2, p. 589; Deeds, vol. 4, p 40. 

2 Francis or Francois Rombout. 

' Oloff Stevensen van Cortlandt, at this time an alderman of New York City. 

' Cornclis van Ruijven, at this time deputy mayor of New York City. 

' John Laurence was mayor. 

' Matthias Nicolls. 

' Comelis Steenwijck, of the council. 

' Thomas Delavall, of the council. 



172 



Province of New York 



r 1673 1 

LApril 22J 



The Bakers. 
Petition. 



The Bakers Peticon then to bee taken into Consideracon.' 
As also a Peticon heretofore sent from y*" Mayo^ & Alder- 
men about Sewant, or some other Coyne.' 



Peter Groe 

nendijkes 

Tryall. 



Reyner 

Willems 
Testimony. 



Present 



At a Councell held at ffort 
James in New Yorke, y^ 
az'!" day of Aprill 1673 
the Governo'^ being Yes- 
terday absent. 



The Governo' 
& Councell. 
The Mayo^ 
& Aldermen. 

A Peticon from Peter Groenendijcke to excuse his goeing 
away, & breaking his word.^ 

A Deposition of Annetije-Romers* taken before y"^ Publick 
Notary W" Bogardus^ in Dutch [142] read by M' Van 
Ruijven. 

A Petition from Maria De Lanoy's brought in & read by 
him likewise. 

Reyneer Willems " Baker saith, being present at Albert 

' Collateral and Illustrative Documents, No. XCI. 

- The records of the mayor's court for this period are missing 

3 Collateral and Illustrative Documents, No. XC. 

• Armeke Romerse, or Roemerse. See Records of New Amsterdam, vol. 6, 
pp. 290, 2(59, 307. 

« WUliam Bogardus had been appointed a Dutch notary public by Governor 
Nicolls, on June iS, 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, 2S7; Records 0/ R. D. Church, Marriages, p. 25. 



Uriiy 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 flFeare of fforce.// 

CorneUsse the ffisher ' was present, & for that hee could 
say noe more, desired to bee excused in y" Morning from 
Attendance having Busynesse by Water. 

Two Deposicons from two Widdowes read concerning 
Discourse with Maria De Lanoy.ji' 

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 p''ferrd by D'' Jacob Vervang" Wife ■ 
Mariekije about Peter Groenendijcks being heretofore 
engaged to Maria Vander Grift.// ^ 

Peter Groenendijck is called in to heare it read. 

' 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 dis:har^e, 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. 

' Apparently Maritje, daughter of Paulus Leendertsen vande Grift, baptized 
April 29, 1653, and who was married to Gerrit van Tricht. Her father 
remained in 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, 167 1, to ship for England and 
Holland in the ship " Good Fame of New York," together " with then: Goods 
& Necessaryes." Gerrit is called " y'= 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 Upriiij] 



Hee denyes all, but that some Proposicons of Marriage 
were made between them. 

Some Papers putt in by P. Groenendijke to InvaHdate the 
Testimonyes before putt in. 

[143] Maria De Lanoy her Mother & Brother called in, 
w'^ Anneke Romers, whose Deposition was read to them all. 

And also y'^ Papers brought in by Pet: Groenendike read. 

Albert Bosch called in w"' y"^ ffather and Daughters. 

Another Witnesse that lives at JeufFro Philips ' of Words 
spoken & Maria's - Answ"". 

They are all Ordered to withdraw. 

Then y'^ Governor having Ordered a private Examinacon 
of Peter Groenendijke, Jannetije Blanck, & Maria De 
Lanoy, Hee was pleas'd to leave the Chayre to M"" Delavall ^ 
& the rest, soe retired. 

Afterwards upon y"^ Governo^:^ Returne, The Meritts of 
the whole Case being debated at large, The Co'^ made this 
following Order. 

At a Court Extraordinary held 
before y^ Governo'' & Councell 
& Mayo'' & Aldermen at fFort 
James in New Yorke y*" 22"^ 
day of April! 1673. 

The Orel'' The Court having maturely & w'!' Deliberacon heard & 

of Court— Examined into the Matf of fFact committed by Peter Groen- 

endijck ats Smith w"' Annetije Blanck, & Maria De Lanoy, 

[144] They doe adjudge, That y'' said Groenendijke is 

culpable of a very great Crime in debauching two Daughters 

' 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 PhiUpse married her in 1662 

' Maria De Lanoy. 

' Captain Thomas Delavall, member of the coimcil. 



[Apriiy Executive Council Minutes 1 75 

of honest & Vertuous Parentage of this City under y^ 
pretext of Marriage; And it being made manifest, That hee 
hath gotten them both w^'' 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 Allurem'"; The Court doth Order & 
Award, That y*" said Peter Groenendijke shall pay or cause 
to bee paid unto Annetije Blanck the Summe of One hundred 
& fifty Beave*"?, or the Value in Peltry, and the like Suirie of 
One hundred & fifty Beavers more or Value in Peltry to 
Maria De Lanoy, & shall also for his Misdemeano'' & breach 
of the Law, pay as a ffine to his Ma'!^ the SuiTie of seaventy 
five Beavers, or Value as afore specifyed. And likewise 
that hee the said Groenendijke bee Committed into y'' 
Custody of the Sheriffe of this City untill hee make Satisfac 
tion as aforesaid, or give Security for paym* of y'^ 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 Suite.// 

By Ord"^ of y" Governo*^ 
and Court — 



[145] At a Councell held at Fort James 
ye 29*^ of Aprill 1673. 
Present 

The Governo'' 

M*^ Steenwijck 
The Secretary. 



The Matter under Consideracon is about the Exportacon 



Exporta- 
con of 
Wheat 



of Come. phibited. 



1 76 Province of New York U^",] 

That an Ord" bee made hereupon to Prohibitt y" Trans- 
portacon of Wheate in Grayne & Meale as before, untill 
farther Order.' 

The Order thereupon is as foUowes. Viz' 
The Ordr Whereas y° former Ord" made prohibiting y" Trans- 
portacon of Wheat in Grayne & Meale out of y" Governm 
were heretofore adjudged Beneficiall, & for y*^ Generall 
Good of y*' Inhabitants, yet notwithstanding upon severall 
Applications made as well to the Governo' as also to y" last 
Generall Court of Assizes, That the said Prohibition might be 
taken off, An Order issued forth from y" said Court com- 
plying w"' their Request, upon the Provisoes in the said 
Order sett forth; But having since found by Experience 
y'' Inconvenience thereof; and that the prices of Corne 
doth not amount to the Value proposed; Having likewise 
susteyned a very hard Winter, w''*' hath almost consumed all 
other Grayne w^*^ bath been made use of, for the support of 
Cattle, soe that [146] little or none is left but this alone for 
y'-" Reliefe of the Inhabitants; For the Reasons aforesaid, as 
also for diverse other good Causes & Consideracons, The 
Governo'' by & with y" Advice of his Councell hath Ordered, 
& by these p'^sents doth hereby Order & Declare, That y'^ 
Permission for the Exportation of Wheat in Grayne or Meale 
out of this Government made the last Generall Court of 
Assizes • shall bee suspended, and the former Orders for 
the Prohibition to bee in fforce from and after the Date hereof, 

' Collateral and Illustrative Documents, No. XLI. 

* The court of assizes, in October, 1672, had ordered, " That y^ Prohihicon 
for y*^ 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 
Governm', 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? & 33: 6^ in Silver, or Goods Equivalent upon like Penalty." — Court of 
Assizes, vol. 2, p. 323. 



[m^V'is] Executive Council Minutes 177 



w*** y^ same Provisoes & Limitations, & under y^ same 
Penaltyes as heretofore; And that noe Person doe pre- 
sume to transport any such Come or Meale as aforesaid, 
without a particular Lycence from the Governo*^ for the 
same. This Prohibition is to bee & continue in force untill 

farther Ord^ 

By Ord'' of y' Governo' 
and Councell — 



Present 



[147] At a Councell in y^ Fort.* 
May 15^*" 1673. 

The Governor 

Cap' Delavall 

Cap' Steenwijck 

The Secretary. A tre 



from y" 

The Dukes Lett^ Dated Novem: 25''' read, relating to D. about 
New Jersey.- ' ^' 

A Letter from y<^ Lord Berkley ' & S' George Carterett Another 
to recommend y'= Atfayres of New Jersey to y" Governo'' Ld Berkley 

Cotl: Nicolls Patents of Elizabeth Towne and Nevisans &c: 
now made void by the Duke.^ 

A Letter from y" Lords Proprieto" to Colt Nicolls con- 
firming his Patents before Cap' Philip Carterets Arrivall 
being objected, the State of y'' Case to bee returned to his 
Royall Highness. 

' Fort James, New York City. 

•Printed in Learning and Spicer, p. 31; and in A^. /. 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, loS; Hat- 
field. Hist. 0/ Elizabeth, pp. 29-42, 50-51. 
[12] 



178 



Province of New York 



r 1673 1 

IMay isJ 



Milford 
Post. 



Beacons to 
bee erected. 

Whore Kill. 



Sessions 
adjourned. 

An Ord!" 
thereupon. 
A New 
Sheriffe 
in y« E. 
Riding. 

The Ord'' 



About y" Continuacon of y" Post to Milford, Concerning 
w'''' Governo^ Wintiirops ' 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. - 

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 E.xecution by Commission to the 
Officers there. ^ 

[148] About y*^ Sessions, That it bee putt off this June till 
the Assizes or next Sessions in Decembr at this juncture of 
time, of which Notice is to bee given to all the Justices.^ 

An Order to referr to. Vide y" 4"" Book of Entryes. 

That a New Sheriffe bee Nominated for the East Riding. 
And Ord"' thereupon — viz' 

The Governo'" & Councell having taken into Consideracon, 
That y" 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 y° West Riding To the end the Direc- 
tions in the Law bee Attende[d,] the Justices of y'' peace 
for the East Riding are to make Returne unto y^ Governo"^ of 
y*^ Names of three Persons, out of whom his Hono'' will pitch 
upon one who shall have Commission to bee High Sheriffe 
of York-shire upon Long Island for y" yeare ensueing in 
y*" Place & stead of Cap' Jn? Manning^ the p''sent High 

' Governor John Winthrop, the younger, of Cormeclicut. 

2 Collateral and Illustrative Documents, No. XCII. 

' Collateral and Illustrative Documents, No. LXX. 

' Collateral and Illustrative Documents, No. XCIII. 

6 Collateral and Illustrative Documents, No. XCIV. Manning's second 
term expired, on the face of his commission, on June 30th, but no immediate 
successor was chosen. In 1674, Sylvester Salisbury was high sheriff under 
Andros. 



r 1673 1 

iMay isJ 



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. t> /^ j^ o 

By Ord"^ &c. 



The Wid: 
Dobsons 
Petition. 
The Ord"" 



AsserLevy 



[149] The Case of Daniel Lane, when & how to bee tryed } ' Dan: Lane. 

To bee suspended till his Wife come. 

Mary Dobsons Peticon, read, & considered of. 

Ordered, That in regard y" Purchase was to bee paid long 
since to Mr Gabrije,- as by Judgment of Court, Shee is to 
pay y** Remainder of the Surne unto him, but without 
Interest. 

Asset Levyes Busynesse considered of, About Vander 
Cooley & Nichols De Meyer. =* 

' 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. 

2 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 in 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. 

' Collateral and Illustrative Documents, No. XCVI. For a sketch of Asset 
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, 1S92, pp. 
112, 123. Reynier vander Cooley, or Coele, is found, in 1665, as a distiller, 
allowed to remove from the Dele. war? 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 Pieters. Moritz of Esopus is y^ Originall 
Debtor for the non-paym! " of a " Certaine bill of 325 G'^^ 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. 15, 521; Records of New Amsterdam, vol. 6, pp. 59, 121, etc. Nicholas 
de Meyer was a merchant of New York City. He and .^sser Levy were made 
denizens on the same day, March 21, 1664/5, and at that time were given 



i8o Province of New York Uay",] 



Ordr Ordered, That Cap' Chambers ' deliver y'' Wheat, but 

Asser Levy to bee accomptable, if it doth not appeare the 
first Judgment is paid. 

[150] At a Councell held at Fort 

James y^ 22'^ May 1673. 
Pres' 

The Governo"' 

Cap' Steenwijck 

The Secretary. 

Mr Grave-1 Yhe Matt"^ under Consideracon is v® Difference betvvreen 

faat & . 

C: Pawling I^^P' Pawling,-' & M' Graveraat,' of w'='' diverse Papers are 

about their I produced. 

difference. J jyjr 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, 
W"' aggravated their Difference & urged him to take M'' 
Graveraats Sword from him. 

The Ord-^ It is Ordered, That M'' Pawling shall deliver M"^ Graveraat 

his Sword againe, & y*^ Governo"' enjoynes them to bee 
fFriends; In token whereof they joyne their hands together. 

C. Cham- The Comp" of Cap' Chambers about Edward Whittaker 

^"^^ & his Wife, & his Wife & a Woman reputed to bee a Witch. ^ 

Bdw: r 

Whittacre. 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. 

' Captain Thomas Chambers, of Fox Hall Manor. 

' Captain Henry Pawling, of the militia of Hurley and Marbletown. 

» Isaac Graveraet, schout of Kingston. 

< Edward Whittaker had come over as a soldier with Governor NicoUs, in 
1664, and continued in this service until the Esopus (Kingston) garrison was 
disbanded by Governor Lovelace. He received an honorable discharge, on 



[jun"^] Executive Council Minutes i8i 

As to y"^ 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 y*^ next y^ Woman hath been in great Trouble 
about it already, & some Difference between Whittakers 
Wife & the Woman, w**" very idle Storyes. 

It's Ordered, That both bee Acquitted, & the Woman to The Otdr 
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 y^ Governo'^ (how it shall bee 
layd) for his Approbacon. 

At a Councell in the Fort &c: 
June 1 2'.*" 1673. 
Present 

The Governor 
M-^ Delavall 
The Secretary. 

The Matt"' of Daniel Lanes Escape taken into.'^'V- ^"^ 

' (his Escape. 

Consideration. 

A Proclamacon to bee issued forth. That if the said Lane 
doe not come in betwixt this & y" Assizes, hee shall bee 
adjudged Guilty of what Is laid to his Charge, & his Estate 
Confiscated, the w*^^ is to remaine under Arrest in y^ meane 

^^"^- . . fProcla- 

The Proclamacon is Entred at large in y" 4'-'' Booke ofjmaeonvide 
Entryes.' [uhv.i^-'-- 

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 0/ Kingston, 
p. 9. 

' Collateral and Illustrative Documents, No. XCV. 



1 82 Province of New York [jJn^J'a] 



& Daugh- I [152] That M''"' Lane & her Daughter bee Releast upon 
ter to bee 1 Bayle, but to bee bound over to y*" Gen^" Court of Assizes. 

release!. 

Hen- New- Harry Newton ' y' Keeper to bee Examined & bound 

ton to bee over to the same Court Hkewise.// 

bound over, jj^^ AfFayre touching a Fast, Proposed by the Dutch 
Domine.- &c: 

AFast. &c. It's Ordered, That noe particular but a Gefi^" ffast shall 

The Ord'' bee Celebrated in this City & Island, on y*^ Wednesday 
{fortnight next, & throughout Long Island, Westchester & 
Places adjacent on the Wednesday following, which will 



Prohibicon 

of y= 
Trans- 
portacon 
of Wheat. 



bee Wednesday come 3 Weeks. 

The Businesse about y'^ Prohibition of the Transportacon 
of Wheat to bee deferr'd, with y*" Mayo'' & Aldermens Pro- 
J posall about Wamp"' untill some time next Week when a 
suspended Meeting shall bee had about it.// 

3. while 

Whore KUl ^^^ Matt*" of y" Whorekill to bee respited untill Cap' 
respited. Carr, & those from Delaware doe arrive who are said to bee 

upon the Way. 
The Cus- Vpon y" Complaint of y*" Custom",^ w"^ was had in Con- 

sideracon, This Ord'' 



torn 
Comp'.t 



' Henry Newton was chosen by Governor Nicolls, on July 9, 1667, as marshal 
of the mayor's court of New York City, to succeed Cbes van Elslant, Jr 
His first year's pay was one hundred fJorins, 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, in 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, VVarmnts, 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 Predccesso''," 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. 



Iju'ne^ii] Executive Council Minutes i8' 



[153] Vpon Complaint made, That great Abuse doth often The Ordr 
happen by y° 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 
y'^ repayment of y"^ Customes of such Goods back againe; 
It is Ordered, That from & after y*" Date hereof all Custom- 
able Goods w^*^ shall bee Landed in this Port or any other 
part of y*" 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 y^ p'^sent Incomes of Custome is 
very slender. It is also Ordered, That noe Bills of Store shall 
bee Granted by y" Officers of y° Customes, Although in 
better times the Governo'' will bee pleased to Gratify that 
way such as may deserve the same. 

By Ord-- &c: 



The Lett*^ from Esopus taken into Consideration about 
being Governed by English Lawes;' Whereupon It was 
Ordered as followeth, viz' 

The Petition from severall of y'^ Inhabit'? at Esopus being 
taken into Consideracon, wherein they desire to have the 
Priveledge & Benefitt of [154] Enjoym' of y'= English Lawes 
Establisht by his Royal! Highness, & in practice almost 
throughout all his Territoryes, It is Ordered, That y^ said 
Lawes shall bee Settled & practized in y*= three Townes at 
Esopus, as in other Places, for the w'^'^ they shall receive 
particular Instructions. In the meane time y^ Inhabitants 
of Marbleton & Hurley have Liberty to make choice in each 
Towne by a double Vote of a Constable & [hlank\ Overseers, 

• For the former order and regulations there, see Collateral and Illustrative 
Documents, Nos. X and XLIV. 



Sopez to 
bee Gov- 
erned by 
English 
Lawes. 

The Ordr 



1 84 



Province of New York 



r .673 ] 

LJuQe 24J 



& returne their Names unto y*" 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 y*^ Booke of Lawes before a 
Justice of the Peace for the performance of their Trust. 

By Ord^ &c: 



A New Al- 
derman in 
loco Mri Bed- 
loo, [sic] 
A New 
Cap'" in 
Loco Mn 
Bedloo. 



For a New Alderman in y"" Place of Mr Darvall to bee 
respited untill recommended by the Mayo!' & Aldermen.// ' 

For y'' Military Command of Cap'" in y* place of M^ 
Bedloo, To bee recommended to the Military Officers to 
returne y^ Names of two Persons, out of whom the Governo- 
will pitch upon one.- 



Pres? 



[155] At a Councell held at y^ Fort 
June 24"" 1673. 



The Governo'' 
Cap' Delavall 
Cap' Steenwijck 
The Secretary. 



As also y^ Mayo' 
& Aldermen. 



About 
Wamp™ 
being re- 
duct to a 
greater 
Value. 



The first Thing under Debate is y"^ Addresse from y*^ 
Mayo'' & Aldermen to the Governo'^ 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 Ordr & 
Proclamation was made Viz- 

' William Darvall was commissioned an alderman of New York City, 
October 13, 1672. — General Entries, vol. 4, p. 220. 

' 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. 



for a StivF 

&6 

White.— 



[jJnjy Executive Council Minutes 185 



Whereas y^ great Scarcity of Wamp™ throughout these Prockma- 
his Rovall Highness his Territoryes hath been taken into ^°° =^^°"' 

. . . . WampP 

Consideration, great quantityes thereof being yearely trans- 
ported & Carryed away by the Indyans, & little or none ^^ ^^* 
brought in as formerly, w""'' is conceived to bee [156] occa- ! shall goe 
sioned by y'' low Value putt thereupon; And for that there 
is noe certaine Coyne in y" Governm*, 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 y" said Commodity of Wampam into y*^ Governm', 
and that those who have it by them may bee Induced to 
deliver out y^ same. The Governo'' by & with y" Advice of 
his Councell hath thought fitt to Publish & Declare; & by 
these presents doth Publish & Declare, That from & after 
the Publication hereof at y'' next Session of y'^ Mayo"^^^ 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,' & three times soe much y'' Value of Silver, 
the w'^'' all Persons are to take Notice of, & bee conformable 
thereunto. And that noe Person in y"' Governm' may p'^tend 
Ignorance herein Copies of this Proclamation are to bee sent 
& promulgated in Albany, Esopus, & Delaware, & likewise 
upon Long Island & parts adjacent there to bee in force within 
Eight dayes after the Knowledge & Publicacon hereof.// 

Given under my hand &c: June 24.^^ 1673. 

Six of these Proclamations were written, 3 for y*^ 3 Ridings,' 
I for Albany, i for Sopus,' & i for Delaware.// besides i for 
the City. 

' 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 Slietl Articles used by the New York Indians (Albany, 
1901), pp. 351-356. 

' East Riding, North Riding and West Riding of Yorkshire. 

• Esopus, including Kingston, Hurley and Marbletown. 



1 86 



Province of New York 



r 1673 1 

LJune 24J 



Peticon of 
ys Bakers 
about y'^ 
Cure-MastT 

The Ord"' — 



A farther 
Ordr — 



Trans- 

portacon of 
Wheat. 

M!' Deans 
tre. 



A Stop 
upon y^ 
Transpor- 
tacon &c: 



[157] The Peticon of y^ Bakers, & diverse other Inhabi- 
tants of y'' City to the Mayo'' & Aldermen about the Survey- 
o''ship or Cure-Master of Bread & ffloure, p'^sented by them 
to the Governo*^ & Councell;" 

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. 

Moreover upon the Petition of y*" Bakers &c: It is Ordered, 
That in regard the Governo'' hath already given out his 
Commission to a Person for y" Place,- hee is to continue in 
that Employment untill the Inconvenience thereof shall 
farther appeare, except in the meane time y*^ Cure-Master 
shall wittingly committ any ffraud or Abuse in his Trust, 
Then hee shall not only bee discharged of his Employmt, 
but bee lyable to such Censure as the nature of the Matter 
shall require. 

And all Merch'-^ who ship off Caske without Branding w*'' 
y*^ Publick Marke shall bee Obliged to have a known Marke 
of their own. 

The next Thing is y'' Consideracon of y'' Convenience or 
Inconvenience of Transportacon of Corne, that is Wheate 
in Grayne &c: 

M*^ Dean's ^ Letter read, wherein hee mentions to have 
sold the Governours Winter Wheat, at noe more then 3^: 9^ 
per Bushell. 

The Governo'' hath already putt a Stop upon the Trans- 

' Collateral and Illustrative Documents, No. XCI. 

= Collateral and Illustrative Documents, No. XCI, where the commission of 
Christopher Hoogelandt is given. 

' Thomas Dean, a merchant of Boston, Mass. See General Entries, vol. 4, 
p. 231. 



r 1673 1 

LTuly iij 



Executive Council Minutes 



187 



portation, upon Apprehension of the Scarcity [158] that may 
ensue in these times of Trouble.// 

It is Ordered, That y"^ Prohibition imposed by y'' Gov- The Pro- 
erno'' doe remaine in fforce untill the next Gen^" Court of ^emaine in 
Assizes,' both for the Reasons in the said Order exprest, force till 
& for that y*" price currant doth not amount to the Sume ^^ Assizes. 
therein proposed. 

This Ord^ to bee publish'd. 



Present 



At a Meeting of y'' Governo'^ 



& Councell w*'' 
Aldermen at y'' 

1673- 



The Mayo^ & 
ffort. July ii'.*' 



The Governo' 

M-^ Delavall 

M' Steenwijck 

The Secretary. 

M"^ MayoT Lawrence 
MT Van Ruijven 
Mr Oloffe Stevens.^ 



The Matter under Consideracon was a Proposall from y^ 
Mayo'' & Aldermen now at y" fFarming out of y*^ 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 Liquo" & Wine.' 

' This general court was never held, on account of the recapture of New 
York, in the meantime, by the Dutch. 

2 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. loi. 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 " y^ Grand Packt or Tapp''^ Excize" made 



About tak- 
ing off y'^ 
Excize 
from Small 
Beer & 
Cattle 
Killing. 



1 88 Province of New York [ji*"„] 



The Ord"^ [i59] The Govemo'^ & Councell having seriously debated 

ereupon. jj^gj-gypQj^^ jf jg 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 y'' Place thereof an Advance shall bee putt upon Strong 
Liquo''% Beere, & Wine as followes. — 

Vpon an Ancker of Brandy, Rumm, distill'd Liquo"^ &c: 
in stead of 2«"'^ - 5 ^"- 4^"'^^ 10^''^ 

ffor an Ancker of Spanish Wine, Madera, & Sack, in 
stead of 2 guild'^' 5 Stiv" 3 Gild^' 

fFor an Ancker of Rhenish or White-Wine in stead of 
I gild':' 2^'' J 3 guild" 

fFor a Tunn of Strong Beere in stead of i guildr 10 Stiv"? 
2 Guild"?// 

fFor every Barrell of Syder 3 Guild"^? 

New Jersey not included herein, only y" Dukes Dominions, 
Albany & Sopus excepted.' 

complaint to Lovdace " that diverse Tapp"? or Inn holdrs & others who sell 
Wine or Strong Liquo"'? by Retayle, doe either delay or refuse to pay y= 
Excize due from them according to y'= Rules & p''scriptions of y^ Governm'," 
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 Enlries, 
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 



No. I. 

PROCLAMATION OF FAST DAYS 

September 8th and 22d, 1668. 



A Warrant for the Publishing a Gen'^' day O- W. L. 

. . 2:240 

of HumiHacon throughout his Royall High"^ (NYSL) 

Territoryes. 

Whereas with the Aduice of my Councell I haue giuen 1668 
ord"' that a Proclamacon be issued forth for the obseruing 
a Geii'^?" day of Humiliation throughout his Royall High"'' 
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 p'^sent 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 yo'' warrant 
Giuen undr my hand at Fort James in New Yorke this 4'!' 
day of Septemb^ 1668. 

[Francis Lovelace.] 
To M"^ Cornelius Stenwicke 

Majo'' [sic] of the Citty of New Yorke. 



A Proclamation for the Obseruing a O- W- ^• 

. . ° 2 : 294 

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 und"^ the afflicting hand of Gods 
(NYSL) just Judgment in suffering his Minisf 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 w'^'' Judgm' 
as it must be confest (w"" all submission to his diuine pleasure) 
to proceed from the hand of Almighty God in w'^drawing 
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 o"^ great ingratitude for former blessings red 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 
w^"" 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 w"'' alone they must hope 
to be saued, All w"'*' crymes as they shall meet w"" 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 o"^ Land by his mercifull reconcihation to us, It is 
thought at this tyme more then necessary that a Generall 
day of ffasting & Humiliation be kept; The Gouernor 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 Minisf? of the respec- 



["f] Collateral and Illustrative Documents 193 



tiue Congregations are desired to signifye y" occasion of this O. W. L. 
their solemne meeting. (NTSL) 

Withall that they recofnend unto y"= Protection and direc- 
tion of Almighty God the Consultations & actions of their [Sept. 4] 
Gouerno"^ 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 o^ 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 w'^'' 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 w''^ 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] ' day of 
[September] Anno DiTi 1668. 

[Francis Lovelace.] 

' The portions supplied here are blank in the manuscript. 
[13] 



194 Province of New York [n] 



No. II. 

REGULATION OF COMMERCE — EXPORTS" AND 

IMPORTS. 



°- y^- ^- Resolucons for the Settlement of 

(NYSL) Comerce to & from all his Ma"?= 

Plantacons in America & oth?" 
places to y^ Porte of New Yorke 
& y^ 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. Hign"^' his Territoryes) sent for Jamaica, Bar- 
badoes, or any of y^ Cariby Islands, shall pay no Customes 
or Imposicons undr what name soeuer exported. 

That, all Tobacco, Sugers, Cotten, Indico, ffish, Salt, 
Braziletto, Compechio wood, & all oth!' Comodityes, being 
the proper product or merchandise of theise Islands, places 
or Territoryes, shall pay no Custome imported Potable 
liquors onely Excepted w^'' 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 Ma"?^ Dominions shall pay anv 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 w'^.'^ shall be exported into 
any of his Ma''?'^ Dominions in America shall pay 10 ^ Cent: 

Shipps from England or w'!' English goods from oth*" 



Opposite p, 195, 




DRAUCiM r OF FORDHAM AND I IIF MFADOW [10b9] 

(Original Size.) 



[ill] Collateral and Illustrative Documents 195 



places shall onely pay 5 ^ Cent of all goods in Specie O. w. L. 
imported. (NYSL) 

All Goods w'^^ haue paid Customes may be Exported free 
from New Dutyes, neithr shall any man be Compell'd to Nov. 18 
unload upon p''tence 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 und^ my hand at ffort lames in New Yorke on the 
Island Manhatans this i8'J' 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.] ^.^^^^ 

(Sec. State) 

Recorded for M' John Arch"^ this 24''' day 
of September. Anno Dm 1671. 

Know all Men by these p''sents that I Elyas Doughty of ^^^^l 
Flushing doe Sell unto M'' John Archer of West-Chesf his etc 
Heyres & Assignes ffoure Score Acres of up Land, and Recorded 
Thirty Acres of Meadow lyeing & being betwixt Brothers sept!'24 



196 Province of New York [m] 



Deeds RJver and the Watring Place at y^ End of the Island of 

(Sec. State) Manhatans, and if y*' Land be not fitt to Cleare for y*" Plow 

or How, this Land is to lye together; And if there be not all 
1666/7 . 

Mar. I such Land together as there should, or if there should happen 

L to be eight or ten Acres of Land that is not fitt for such 

i67i^"^ Use, Then y'' said Archer is to have it with y^ rest, and hee 

Sept. 24 shall have equall Right and Priveledge in y^ Commons as 
any otheir Men shall have within that Patent, that hath 
noe more Arable Land, and y^ 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 y" 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 y'^ said Archer for y*^ said Land & Meadow, y^ 
House is yett to be [blank] And y"^ said Arch'' is to have 
his [blank] within the above-said Tract of Land. 



Septemb'' y^ 18"^ 1667. 

It is to be understood that M*^ John Archer is to have 
the ffreshest Boggy Meadow that lyeth on y*^ South side 
of Westchester Path, within y'' Patent of M"^ Oneale within 
his second of Purchase w'^'' is upon Consideracon that y^ 
said John Archer shall pay to y^ said Doughty; As witness 
my hand 

Elyas Doughty. 



[5^] Collateral and Illustrative Documents 197 



A warr' to the Constable of West- o. w. L. 
Chester about some Meadow (n'ysl) 
Ground claim'd by Harlem. 

Whereas I am informed that the Inhabit'? of Harlem have '^^7 
for divers yeares mowed their Hay in the Meadowes on the 
other side of Harlem River, where John Archer of yo"^ 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 ffort 
James in New Yorke. this 16- day of August. 1667. 

R. Nicolls. 



[Deed from Elias Doughty to John Heddy.] Deeds 

, , ^ , . , (Sec. State) 

Recorded for Jn? Heddy Sep? 26^'' 1672. 

Bee it known unto all Men by these Presents that I Elyas /^^^^ 

-' ^ June 7 

Doughty of fflushing in the North-Riding of York-shire on ■ 

Recorded 
Long Island in America w'^'in y^ Territoryes of his Royall 1672 

Highness the Duke of Yorke, under y"^ Command of the ^^P'- ^^ 

Right Hoii'"'= Coll. Richard Nicolls Governo-: Gefi^" of the 

same by Vertue of the Assignacon of a Patent from my 

Brother in Law M" 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 w^'in 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 y^ abovesaid John Heddy shall see 



198 Province of New York [?S] 



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 Cofnodious; w^'' is for and in consid- 
June 7 era con of full Satisfaction already received by a Horse; And 
Recorded further I the said Elyas Doughty doe make over and deliver 
g^^''^ unto the said John Heddy twenty Acres more of Vpland 
adjoining to the abovesaid two hundred, w'^*' is all to beginn 
at the North side of the Planting ffield belonging to William 
Betts and George Tippett from y" 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 consideracon 
of five pounds to [be] paid upon Bill according to Agreement; 
All w'^'' I Elyas Doughty have sold & made over from mee my 
Heyres & Executo''' to y° said Heddy his Heyres, Execu- 
tors, Administrato"^^ 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 y® 
above-mentioned Patent. In witness to w'^'^ I have hereunto 
sett my Hand and Scale this 7"" day of June in y^ yeare of 
our Lord, One thousand six hundred sixty eight; & in y'' 
ao'*" yeare of the Reigne of our Soveraigne Lord Charles y® 
2"^ by the Grace of God, King of England, Scotland, ffrance, 
& Ireland, Defender of the fFaith &:c: 

Elias Doughty. — (Seale) 
Signed Sealed & Delivesd 

in the p''sence of us 

John Holden. 

George T Tippett 

his marke. 

W™ Betts. 

Jn° Marshall. 



[ffl] Collateral and Illustrative Documents 199 



Endorsed on v" Deed as foUoweth. Deeds 

^ 3:142 

(Sec. State) 

These may Certify, That y'' within menconed three hun- 
dred & twenty eight Acres of Land is layd out as followeth; june 7 

Inprimis, Twenty eight Acres lyeing in one piece, beginning 

from the Markt tree of W™ Betts & George Tippett, from 1672 
thence running due North 24 Chayne in length, & in breadth 
due East 20 Chayne, being bounded on the South w"' the 
Land, of W™ Betts & George Tippett, & to y" Northward & 
Westward by y" Land of Cap* Delavall; the other two hun- 
dred Ninety two Acres beginning at y*" 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 y° Southward by the Lands of 
W™ Betts & George Tippett; & to y" Eastward, Northward, 
& Westward by y*" Lands of Cap' De-Lavall; w^^ aforemen- 
coned Land was survey'd & layd out by mee as afore exprest. 
Given under my Hand this 3^' day of Septembr 1672. 

Robert Rider. 



The Sense & Judgm' of y'' Co" concerning O. W. L. 
y'' verdict given for Ramsden ag' Oneale. (nysl) 

These are to Certify all whom it may concerne that at 1668 

Tulv X 
y'^ Tryall had at y' Assizes in y^*^^ yeare 1666 between Hugh 

Oneale and John Ramsden though y'^ verdict and iudgment 
of y'' Co" was given for Ramsden against Oneale, yet it was 
then declared and was the sense of y^ Co" that it was no way 
in preiudice to y" 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 l^' day of July 1668. 

Matthias Nicolls Sec"' 



200 Province of New York [m] 



Deeds [Confirmation of Gift from Elias Doughty to George 

(Sec. State) Tippett.] ' 

1668 Bee it knowne unto all Men by these p'^sents that I Elyas 

Doughty In Confirmation of the Guift of an Island lying & 
being within the Liberty of my Pattent Concerneinge y' 
land w^'^ 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 Seale 
this Sixth day of June anno, 1668 & in the twentyeth yeare 
of the Reigne of our Sov'^raigne Lord the King. 

Elijas Doughty (seale) 
Signed Sealed & Delivered 
in p''sence of us 
John haden- 
John Holden 

Deeds Recorded for George Tippett of Spiting 

(SeV.S?ate) Devill Feb^^ 2f> 1668. 

1668 Be it knowne unto all men by theise p'^sents that I Elias 

r Doughty in Confirmation of y" Guift of an Island lying & 

^1^668/0^ being w*''in y" Liberty of my Pattent concerning that Land 
Feb. 27 vp'^h ^^g once Youncker vand^ Duncks w'^.'' I gaue freely unto 
George Tippett of his ord"^ in May 1667. & now do confirme 
& Establish y*" same und"' my hand & Seale this 6'.'^ day of 
July Anno 1668. & in y" 20'."^ yeare of y" Raigne of our 
Soveraigne Lord y^ King &c 

Elias Doughty (seale) 
Signed & Deliuered in 
y'^ p''sence of us. 
Jn° Holden 
Jn° Hackden' 

' Two record copies are given because they exhibit variations. 
•John Heddy or Hedden. 
'John Heddy or Hedden. 



[m] Collateral and Illustrative Documents 201 



[Deed from Elias Doughty to Betts and Tippett.] Deeds 

Recorded for George Tippett fFeb'^y 22-? 1670. 

Be it knowne unto all men by theise p'^sents that I Elias 1668 

Doughty of fflushing in y*" North Ryding of Yorkshire on 

Long Island in America w^'n y® Territoryes of his R. H^^ 1^670/1 
y? Duke of Yorke und^ y^ Comaund of y^ R\ Hon*"^ Co" ^^^- " 
Richard Nicolls Governor Gen'" 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 & do by theise p''sents 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"?*" land & 
meadow I th'abouesaid Doughty haue sold unto William 
Betts & Georg Tippett who are possest of parte of y': same 
(viz') y"? said Land & meadowe w?*^ was formerly in y^ posses- 
sion & occupation of old Youncker van der Dounck, y? 
planting feild belonging to y^ said Purchase to be of y" north 
syde of y" said purchase, y? marked trees making mention 
of y? Same, & w'^'^ runs west to Hudsons Ryver & East to 
Broncks his Ryver w'"^ all y? Upland from Bronx his Ryver 
Southward to Westchester path, & so runs due East & west 
beginning at y^- boggy Swamp w^'n y': Libertye of y'' said 
Pattent & y^ Southward most bounds to run by y^ 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 w'^'^ cometh from y^ wading place, w^'^ all y"^ mead- 
owe from y^ Stake w^^^ is on y^ Eastward syde of th'aboue- 
said wading place w^** is now in controversy betweene me 
y? abouesaid Doughty & some Inhabitants w"^in Harlem, 
w*'' all y^ meadow betwixt th'abouesaid Stake Eastward & 
Hudsons Ryver westward from y? abouesaid wading place 
at y? hithermost end of Manhatans Island, w''' all y? Upland 



202 Province of New York [ni] 



Deeds betwixt that & Hudsons River westward & so running north- 

(Sec. State) ward to y"- East & west lyne before mentioned at y'^ end of y? 

planting feild Except y° thirty Acres of meadowe w'*^ I haue 

July 6 sold unto M'' John Archer w'^'' y" abouesaid Betts and Tip- 
Recorded pett is to see ^jf^fourmed unto y'? abouesaid John Archer, & 

Feb°22 ^°'^ ^^'^^ parcell of meadowe w"^."^ is nowe in Controversy 
betweene y"; Harlem men & my Selfe if it be recovered by 
them or their order they shall peaceably enjoy y'' 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^** 
I haue from my selfe my heires or any oth' ^son or ^sons 
interested or concerned in y"^ said Pattent Sold & made over 
unto y'^ afore=mentioned William Betts & George Tippett or 
eithr 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 y^ 
Stake parting y" said meadowe in controversye & y" other 
meadowe w''*' I haue possest them of. In witnes whereof 
I haue hereunto sett my hand & Scale this 6*.'' Day of July 
Anno Dm i668 & in y" 20"^ yeare of y"^ Raigne of o!' Sover- 
aigne Lord Charles y". Second by y'^ Grace of God of England 
Scotland ffrance & Ireland King Defender of y'' faith &c 

Signed Sealed & delivered ^ ^ 

in y'^ p'^sence of us 
John Holden 
John Hadon' 

John Marshall. 'John Heddy or Hedden. 



[m] Collateral and Illustrative Documents 203 



A Warrant for Georg Tippett & Richard 0- w. L. 
Betts to deliuer vp Thomas Wandalls Hay: (NYSL) 

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 
wint!' prouision of hay w'^^ you quietly suffered him to doe 
w^'out any disturbance or p'^tence thereunto yet when he 
came to fetch away the hay w'"!' he had mowed yo" opposed 
him & since haue carried it away yo'^selues 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 w''!' he hath mowed as aforesaid & w*^!* 
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 hereaft^ 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 yoji 
pzym} & satisfaccon for the same according as shall be 
adiudged reasonable by two indifferent men to be Chosen 
betweene yo" Giuen und'' my hand at Fort James in New 
Yorke the 3'' day of Septem^"' t668. 

[Francis Lovelace.] 
To Georg Tippett & 

Richard Betts. 

The Constable of Westchest^ is to see this 
warr- put in execucon if occasion be. 

An Order concerning John Archers o. W. L. 
Land vpon the Maine. (wVsL) 

Whereas the Inhabitants of the Towne of Harlem haue 1668 
made Complaint against John Archer that haueing seated °'" 



204 



Province of New York 



[?5] 



O. W. L. 

2: 276 

(NYSL) 

1668 
Nov. 6 



himselfe very neare unto some Lotts of meadow ground vpon 
the maine belonging unto their Towne he is a dayly tres- 
passer vpon them with his Cattle & that the said ground 
lying in Length alongst the Creek or Kill cannot w'^'out 
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 p''serued from further damage & Trespasse 
Given under my hand at Fort James in New Yorke this 6'.*' 
day of Nouembr 1668. 

[Francis Lovelace.] 



O. W. L. 

2: 277 

(NYSL) 



John Archers Land neare Spiting Divell 
belone'' to the Towne of Harlem. 



1668 
Nov. 6 



Whereas the Inhabitants of the Towne of Harlem haue 
made Complaint against John Archer that vpon p''tence of a 
certain purchase he layes Clayme to a certaine parcell of 
Land vpon the Island neare Spiting Divell w-*' 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 Governo'' 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 



[m] Collateral and Illustrative Documents 205 



said Land it's recomended that some expedient be found O- W. L. 

' 2: 277 

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 

1068 
at Fort James in New York this 6"^ day of November 1668. Nov. 6 

[Francis Lovelace.] 



An Order for John Archer to remaine in peace- O- W. L. 

. . . . 2 : 2Q0 

able possession of his land till the 14' day (NYSL) 
of Febr next. 

Whereas bv an order of the 6'-'' instant John Archer was 1668 
■' . . 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 14"" day 
of February next In the meane tyme he is to remaine in peace- 
able & quiett possession of what he now enioyes w'^'out 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 2i'> day of Nov''.'' 1668. 

[Francis Lovelace.] 



An Order for the Releasement of John O. W. L. 

2 : 296 
Archers Cattle formerly attached. (NYSL) 



Whereas yo" did heretofore lay an Attachement vpon i668 
some Cattle belonging to John Archer vpon p'tence of some 
difference betvveene yo"; Yo" are hereby ordered to release 



2O0 Province of New York [Si] 



O. W. L. the sai(j Attachement so that the said Cattle may be free & 
2 : 296 . . . . -' 

(NYSL) at his ovvne disposal! The matter in dispute betweene yo" 

1668 ^pon that 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.l 

3:144 
(Sec. State) 

Recorded for Jn° Heddy afores'' die & A° p''dictis. 

1668 ggg Jt known to all Men whom these p''sents may concerne, 

that I W" Betts Inhabit* of West-Chesf in y" North Riding 

1672 of New Yorkshire have, and doe by these Presents Bargaine, 
^P ■ ^ sell, and sett over a certaine parcellof 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, w'^'^ I [sic] John Heddy hath in possession, & the 
other foure Akers is Meadow Ground ffresh & salt, lying 
w"'in the tract of Meadow, w"^*" the said Betts bought of M' 
Elyas Doughty; I say I have sold the above-men coned Lands, 
w"' all Rights, Titles, Priveledges, & Proffits, Benefitts, & 
Emoluments in & about y" Premisses that is or hereafter 
shall arise from mee my Heyres, Executor^, Administrator^ 
or Assignes, unto John Hedden of the same Place & County 
to him the said Hedden his Heyres, Executo''% Administra- 
tor% 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 abovemenconed Premises from all & any Persons 
or Proprieto"'" that shall or may arise, the Indyans only 



[?5] 



Collateral and Illustrative Documents 



207 



1668 

Dec. 4 

Recorded 

1672 
Sept. 26 



excepted, good and warrantable to the abovesaid Hedden Deeds 
& his as aforesaid; And the aboves'^ Hedden is to Summer (Sec. State) 
noe more Cattle on the aboves'' Premisses then hee doth 
Winter on the abovesaid Premisses, & I the abovesaid Betts 
doe acknow^ledge to have full satisfaction of John Hedden 
for the abovesaid Lands; As Wittness my Hand this 4"^ of 
DecembT An° 1668. & in y= 21"' yeare of his Ma*'" Reigne 
Charles y'' 2*? King of Great Brittaine Scotland, ffrance & 
Ireland, Defender of the ffaith King. 

W'^ Betts. 
Testes 

Thomas Hicks. 

Benjamin fford. 



[Caveat on behalf of Town of Westchester.] 

Feh'y I3*> 1668. 

A Caveat was this day Entred by Richard Ponton John 
Ferris & Joseph Palmer on y'^ behalfe of y" Towne of West- 
chester, That y"^ Land where John Archer is seated or any 
from him if not included in y" Pattent graunted to Mr Oneale 
& his wife is clavmed by the Towne of Westchest^ to belonge 
to them as w'^'in their Lymitts. 



C. A. 

2:529 
(NYSL) 



1668/9 
Feb. 13 



A Coiiiission graunted to Mr Tn° Rich- O- w. L. 
° •' 2: 338 

bell, M' W"" Lawrence, M' Tho; (NYSL) 

Wandall & at &c to decide y*^ differ- 
ence betweene y*" Inhitants of West- 
chest*" & at &c 



Francis Louelace Esq' &c Whereas I am given to under- 1668/9 
stand that there are severall disputes & differences arisen 
betweene y" Inhabitants of y" Towne of westchest^ & diuers 



2o8 Province of New York [?5] 



^j.^'g" others w'^n their p'cincts who haue perticuler patents of 
(NYSL) their owne That is to say betweene y" Inhabitants of West- 
1668/ '^^^^^' & W™ Willett for some meadowes neare unto or 
Feb. 24 about Cornells Neck, w'='' they lay clayme to as also between 
them & Thomas Hunt about Coiiionage upon Throckmortons 
Neck, & a watting place w'^*' he alleadges he hath a long 
tyme enjoyed, & likewise with John Archer about y" Lands 
he is seated upon by vertue of a Patent graunted to Hugh 
Oneale & Mary his wife formerly called y^ Younkers land 
These are to nominate authorize & appoint & by this my 
p'sent Coiriission yo" are nominated authorized & appointed 
to be Commission'^ to view y'^ Lands & meadowes in dispute 
as also to Examyn into & heare y" matters in difference & 
what can be shewed & alleadged on eith'' parte To w"*" pur- 
pose yo" may peruse their Patents & any other wrytings or 
Records relating thereunto as also call before yo" & Examyn 
any wittness or wittnesses y"^ better & more fully to informe 
yo'selues of y" Truth yo" are to give yo"" Judgm* thereupon 
accordingly by y^ first day of Aprill next of w"^.^ yo" are to 
rendr me an Account And yo'' Determinacon or y^ Majo'' 
parte of yo" in y'' p''misses shall be a finall Conclusion of all 
such matters in dispute & difference betweene y^ said partyes 
unlesse any or either of them shall upon good ground finde 
cause to appeale from yo'' sentence to y'= superior Court of 
this Governm' at y* Gen'^." Assizes Given und'' my hand & 
Scale at ffort James in New York this 24"' day of February 
in y'^ 21. yeare of his Ma"?= Raigne Annocp DiTi. 1668. 

To 

Mr John Richbell of Momoronock 
M' W"' Lawrence of flushing 
M' Tho: Wandall of Maspeth Kills 
M"^ Jaques Coutilleau of New Vtrecht 
M' Resolved Waldron of New Harlem. 



[m] Collateral and Illustrative Documents 209 



A warrf to John Archer to take vp a O. W. L. 
-' '^ 2:404 

stray horse. (NYSL) 

These are to empower you to make enquiry after and to 1669 
take up if hee can bee found a certaine Stray horse running 
in y° woods or Some other place neare unto or about yo'' 
Towne of West=Chester the Said horse being of a gray Col'' 
and branded with an Anchor on y'"' neare Should'', 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 y^ Law shall direct And 
for So doeing this Shall bee yo'^ warrant. Given under my 
hand at Fort James in New Yorke this 30**^ 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 yo'' 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 30"" day of Aprill 1669 

Fr. L. 
To John Archer 
These. 

Liberty to John Archer to settle 0. W. L. 
16 familyes at Spiting Devill. (nysL) 

These are to certify all whome it may concerne That I 1669 

May 3 
haue given leaue to John Archer to Settle Sixteene familyes 

[14] 



2IO 



Province of New York 



fNo.-, 
Llllj 



O. W. L. upon the Maine neare the wading place according to direc- 

(NYSL) tions formerly given, and that what agreem* hee Shall make 

with y'' 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 y" Place after w"'' I Shall 

grant a patent for their further assurance. Given under my 

hand at Fort James this 3"" day of May 1669: 

Fr. L. 



O. W. L. 
2:456 

(NYSL) 



1669 
June 3 



An Ord"" forbidding y'^ furth' proceedings 
of John Archer to cutt grasse, on 
y'' meadow belonging to Harlem. 

Whereas I am given to understand that without leave or 
order you haue presum'd to cutt the Grasse upon y[''] Meadow 
ground or Valley which belongs to yp] 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 y*" Contrary 
at yo'' Perill. Given under my hand at Fort James in N: 
Yorke this 3'' 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 

(NYSL) 

1669 
July 27 



Ord"^ forbidding y^ cutting of hay at Spiting Devill. 

Whereas Complaint is made unto mee that some of you 
doe cut and Carry away a greater proporcon of hay out of 



Tm] 



Collateral and Illustrative Documents 



211 



1669 
July 27 



the meadow or valley lyeing betweene you and John Archer O- 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 yo''. These are to require you that you 

doe not cutt or Carry away any more hay but leave y"' same 

as now it is untill I shall come or send to view the ground 

and give my Judgm' 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 27"^ day of 
July 1669. 

[Francis Lovelace.] 
To Richard Betts 

and G Teppett and [sic] ' 



An Ord"^ forbidding y^ disturbance of Jn° O. W. L. 
Archer in y" injoym' of his land at Spiting (n'ysL) 
Devill. 



Whereas I am giuen to understand y' y*^ surveyo?' hath 
laid out a sufficient quantity of meadow ground for yo^ 
three farmes neare unto yo"' habitation w^** is much more in 
Proportion then any of y'^ Lotts at Spiting Devill can be 
supplyed w"? These are to require yo" that yo" forbeare 
giving any disturbance to John Archer or any of those 
farmes at ffordham, & that yo" doe not p''sume to cutt their 
grasse but content yo''selues w"? what is laid out for yoH 
w'^'in yo'' lymitts, Giuen und' my hand at fforte James in 
New Yorke this 23'^ day of August 1669. 

[Francis Lovelace.] 
To William Betts & 
George Tippett. 

' Apparently the name of John Heddy is omitted. 



1669 
Aug. 23 



2 1 2 Province of New York [m] 



O^W^gl" An Ord^ for Wittm Heyden & Sam: Drake 

(ireSL) of Eastchest"' to make inquiry in y'^ matt^ 

between Jn*? Archer & y'' farmers &c. 

Sent II Whereas John Archer on y'' behalfe of himselfe & y*^ rest 
seated at ffordham about some hay cutt & carryed away from 
each otliers proportion of meadow ground, & both partyes 
being wiUing to putt their Case to a refference to be judged 
by yo" two These are therefore to authorize yo" to make 
inquiry into y*" matter & to ord'' it soe that if John Archer 
hath cutt & carryed away any grasse from y^ meadow belong- 
ing to y^ three farmes or if they haue cutt or carryed away 
any from y'' 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 y^ 
oth'' Giuen und'' my hand at ffort James in New Yorke 
this ii"? day of Sept*^'' 1669. 

[Francis Lovelace.] 
To William Hayden & 
Drake of Eastchestr 



Deeds [Indians Deed to John Archer.] 

(Sec. State) 

Entred for John Archer March 4'** 1669. 

1669 gg jj. linowne unto all men by theise p'sents that upon y' 

28'"^ day of September in y^ 21''' yeare of y^ Raigne of our 

i66g/7o Soveraigne Lord Charles the Second by y'' Grace of God 

"'^ * of England Scotland France & Ireland Kinge Defend^ of the 

faith &c Annocp Domini 1669. Wee Tacharetht, Nisme- 

tarhatinn, Wackha, Punckekch, for & on y'' behalfe of 

Ahwaroch, Achipor, Minquaes Sachemache, for & on y* 



[m] Collateral and Illustrative Documents 213 



behalfe of Annetie Pownock, for & on y^ behalfe of l^^^ds 

3 1 127 

Lyssie, & we on y" behalfe of y* rest of y'' Owners for ( Sec. State) 
the consideration hereaft^ exprest Have Graunted bargained 
& sould & by theise p''sents doe hereby Graunt bargaine Sept. 28 
& sell unto John Archer of Fordham his heires & Assignes Recorded 
a certaine Tract of Upland & meadow ground upon ^^^^^^° 
y* maine, begining Westward from a certaine place by 
y* Indians coiiionly called Mascota so it goes to anoth*^ 
place called by them Yowahamasing & from thence Round 
about y* Kill called Papiriniman & so to run into Har- 
lem Ryver at y* Hook called Saperewack, from thence it 
reacheth South East to y"^ 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 y said Ryver, All w?*" 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 y^ said John Archer his heires & 
Assignes for & in consideration of Thirteene Coates of 
DufFells, One halfe Anchor of Ruiiie, Two Cans of Brandy- 
wyne w^'' seuerall other small matters to y® Value of sixty 
Guilders Wampom, All w^^ we acknowledg to haue Receiued 
of him the said John Archer before tb'ensealing & deliuery 
of theise p'sents in full satifaction for y* Lands aforemen- 
coned, The w?*" we doe hereby resigne & make over unto y' 
said John Archer his heires & Assignes w^*" all o^ Right Title 
& interest thereunto as also theirs that haue intrusted any 
of us & o'' Associates To have & to hould the said Tract 
of Land & p'^misses unto y^ said John Archer his heires & 
assignes unto y* proper use & behoof of him y* 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 oth'' Incum- 

(Sec. State) brances by us or by any from or und!" us, & to y'^ utmost of oT 

powers shall keep & saue him the said John Archer his 

Sept. 28 heires & assignes harmlesse in his or their quiett possession 

Recorded & Enjoyment of y^ p''misses against any othe'' Indian p''tend- 

Mar^h^4 ^^^ whatsoever In witness whereof we haue hereunto put o'' 

hands & scales y** day & yeare first w^'^in wrytten. 

This bargaine & sale was made by y'' Approbation 
& Lycence of his Hono'' y^ Governour betweene 
y'' Partyes menconed: w'^ this Provisoe That his 
Royall Highness his Rights & Priviledges as Lord 
Proprietor of theise his Territoryes be hereby noe 
way infringed 

Matthias NicoUs Seer 



2:'42o An Ord'' for y*^ proporconing y*" quantity 

(NYSL) qJ- rneadow for Jn? Archer at Fordham. 

Oct.^ 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 y*" new Towne of ffordham but no more 
& that y" remainder do belong to Witlm Betts, & George 
Tippett according to their purchase reserving onely what 
hath beene layd out for y" fferry to y*" w'^'' they shall haue no 
furth!" p''tence. Giuen und' my hand at ffort James in New 
Yorke this 8'^ day of October 1669. 

[Francis Lovelace.] 



[m] Collateral and Illustrative Documents 215 



An Ord"^ concerning v® meadowe in C. A. 

2: 565 
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 & 
George Tippett of y'' farmes neare adjoyning for & con- 
cerning y'' Laying out of a certaine parcell of meadow 
ground sould unto them by Elias Doughty, Upon Examina- 
tion into & due consideration had of y'^ p''misses, 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, y" w'^'' shall be y'^ same meadowe formerly laid 
out for him by Jaques Cortileau y'; Surveyo^ & since likewise 
Survey'd by Robert Ryder begining beyond y'' Swamp & y? 
remaind!' of y? meadowe w'^'in the purchase is to be & belong 
unto y" said Wiltm Betts George Tippett & Company 
according to y'^ Teno'' of their bill of sale w*.*^ a reservation of 
y^ Swamp or Marish ground not esteemed meadowe lyeing 
in y^ bottom before y? Towne of ffordham w''? for y^ p''sent 
shall belong to y^ Inhabitants of y^ said Towne Always 
provided, That neith"^ y'^ said Archer nor y^ said Betts & 
Company or any of them by vertue of their bills of Sale or 
oth"' p'^tences 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 und*" my hand at ffort James in New 
Yorke this 7'.'' day of July 1670. 

[Francis Lovelace.] 



2l6 



Province of New York 



[?ii] 



G. E. 

4:58 
(KYSL) 



1671 
Oct. 18 



An Ord'' directed to Cap^ Jaques Cortelijau 
requireing him to lay out John Archers 
Land at fFordham als Spiting-Devill. 

These are to require you that w*^ yo'' first Convenience 
you repaire to fFordham neare Spiteing-Devill, & that accord- 
ing to yo'' best skill & Judgm' you lay out for & upon y® 
Acco' of John Archer of y° same Place y^ Land w'^'' hee 
possesses or hath purchased of Elyas Doughty, or of y° 
Indyans by my Approbacon; ffor yo'' better Directions 
wherein you are to view his Papers & Writeings, & withall 
to Advize w*^ such of y'" Neighbourhood as you thinke can 
give you y"= 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 18'^ day of October 1671. 

ffran: Louelace 
To Cap' Jaques Cortelijau 

Surveyo"^ Gen". 



Deeds [Report m relation to Survey of Archer s Land at Fordham.l 
3:140 
(Sec. State) 

New Yorke Recorded for John Archer. 

Novem: 9"' 



1671 
Nov. 9 



1671. 

By Ord'' from y^ Governo'" Lovelace, wee have Layd out 
John Archers utmost Lymitts of his Land at ffordham, begin- 
ning from y" 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 y^ said Kill; y" said Land stretching from y° 
High-Wood-Land aforemenconed East South East, till you 



[ui] Collateral and Illustrative Documents 217 



come to Bronckx his Kill, & soe Westward up alongst y^ Deeds 
Maine Land to y" Place where Harlem Kill & Hudsons River (Sec. State) 



1671 



meet together, & soe goes alongst y^ said Kill of Harlem, untill 

you come to y" first ffountaine, lyeing to y" South of Crabbs Nov. 9 

Island, & soe Eastward alongst Daniel Turneurs Land, y" 

High Wood-Land, & y*^ Land belonging to Thomas Hunts, 

& then to Broncks his Kill aforenamed; This was done w"' 

a Compass made for y*^ Climate of Europe. 

Jaques Cortelijau — Surveyo' GenF" 

Dudley Lovelace. 



An Ord'' to restrayne Betts & Tippett from G. E. 
doeing Trespass upon y^ Land belonging to (NYSL) 
John Archer of ffordham. 

Whereas there is Comp'' brought by M'' Jn? Archer, That '^'^^^ 
notwithstanding the Orders made by y'^ Governor that the 
Swamp or Bagg of Meadow near y"* 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 
Surveyo?^^ appointed to doe the same, between y^ said Jn? 
Archers Land at ffordham, & y" 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 y° said John Archer, & laid out 
for the said Towne of ffordham; These are in his Ma'"^'^ 
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'^ of ffordham in what concerns their Right to 
y® said Meadows, of w"^"^ all Persons are to take notice, & 
give Observance hereunto, as they will answer their Trespass, 
& breach of y^ Governo" severall Ord" upon this Occasion 



2l8 



Province of New York 



m 



G- E. at their Perill. Given under my hand in New Yorke this 
(NYSL) 16?'' day of August 1672. 

Matthias Nicolls 
Aug. 16 In y*" Absence of y*" Governo!' 

To y* Constable of Fordham 
& Offic"^= there. 



G. E. 

4: 19s 

(NYSL) 



1672 
Aug. 23 



A Speciall Warr? for Hearing & Tryall at y*^ Gen?" 
Cof of Assizes, in a difference depending 
between Jn° Archer, & Betts & Tippett. 

Whereas there have been severall Disputes & Contests 
between John Archer of ffordham nigh Spiting-Devill on 
y*^ behalfe of himselfe & y'' Inhabitants of the said Place, and 
William Betts, George Tippett, & y^ Inhabitants at y" three 
ffarmes upon the land called Younckers Land, touching the 
Bounds & Lymitts between the Land of the said John Archer, 
& y'^ Inhabitants of the three ffarmes, & more particularly 
concerning their Meadowes, the w"^*" 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- 
missionr^ & Surveyor 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 & proporcons of 
Meadow, Yet notwithstanding all Orders to the contrary, 
the said William Betts or his agents have lately p''sumed to 
mow, & carry the Hay away from within the p'^cincts of the 
Meadow adjudged to belong to the said John Archer & 
Towne of ffordham; These are in his Maf'^^ 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 y*" Meadow aforesaid. That they make 
their Appearance at y^ next Gen?" Co^ of Assizes to bee held 



[?S] 



Collateral and Illustrative Documents 



219 



in this City, beginning on y" first Wednesday in October next, G. E. 
then & there to make Answer to y'' Comp?' of John Archer in (NYSL) 
an Action of Trespass, & also for the breach of the severall 
Ordr= 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 Seale at fforte James 
in New Yorke this 23*'' day of August 1672. 

[Francis Lovelace.] 

To y" Constable of Fordham who is to 
see this Warrant putt in Execucon, & 
a returne thereof made at y" Co" of 
Assizes. 



G. E. 
4:277 



An Ordr about y^ Manno!" of fFordham, viz 

that a Co" bee kept there quarterly, & that (NYSL) 
M'' Jn? Rider bee Steward & Presid' 



Whereas Mr Jn° Archer having obteyned a Patent from 
mee for a certaine Parcell of Land upon y*" Maine (of w'^'' 
hee had made Purchase) lyeing & being over against this 
Island Manhatans, neare Spiting Devill, where a New 
Village is seated, & is called fFordham, unto y^ w'^'' I have 
thought fitt to Grant y^ Priveledge of a Manno'', & the 
said M'' John Archer being the Principall Proprietor 
having requested of mee. That being y* Principall Pro- 
prieto"^ for y'= 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 w^*" some Person as 
Steward of the Manno'' shall bee Presid', taking as his 
Assistants y*" Constable of y" Place, & one or two more of the 
discreetest of the Inhabitants; The holding of a Court there 
by y^ Constable & Overseers being not practicable amongst 



1673 
Apr. 10 



220 



Province of New York 



m 



G. E. 

4:277 
(NYSL) 

1673 
Apr. 10 



them in their New Settlement, By these Presents I doe well 
approve of y^ Proposall afore-mentioned, & doe Order That 
there shall bee held for y'' said Manno"^ of ffordham a Court 
quarterly or oftner if Occasion shall bee the first Court to bee 
on y'^ 24'*" day of this Instant Month where the Steward for 
the time shall bee Presid? & that hee take as his Assistants y^ 
Constable of y" Towne, & one or two more of the discreetest 
of y^ Inhabitants as afores*? or Neighbourhood, for the 
Decision of all Differences of Debt or Trespasse between 
the Landlord & Tenants, or one Tenant w"^ another, accord- 
ing to y'^ Direction in the Law & y"^ Priveledges in his Patent. 
And Mr John Rider being recommended by y^ said Mr 
Archer to bee Steward of the Court, I doe hereby Allow 
thereof the said Steward taking his Oath to doe Justice in 
y'' said Employm? between Man & Man according to Law 
& good Conscience, & Regulating himselfe as a Steward of 
a Manno^ ought to doe, for y'^ w* as Occasion requires hee 
shall have particular Directions from my selfe. Given under 
my hand at fFort James in N: Yorke this 10"' day of Aprill 
in y^ 25.'' yeare of his Ma!'" Reigne Annoq5 Domini 1673. 

[Francis Lovelace.] 

Eodem Die, viz' Apr: 10*'' 1673. 

M"" John Rider was sworne Steward of y" Manno^ 
of ffordham, & duely to Administer Justice accord- 
ing to y" Trust reposed in him &c: 



Deeds 

4:95 

(Sec. State) 



[Deed from Archer to Matthias Nicolls.] 



1678/9 



To all to whom this p''sent 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- 



[m] Collateral and Illustrative Documents 221 



chase & Pattent, whereupon it was the late Governo"' 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 y® Maine from and Jan. i 
to which it is the Only Road, Now know Yee that for & in 
Consideracon of a Certaine Sufiie of Money in hand Paid or 
Secured to bee paid by Matthias Nicolls Secretary to this 
his Roy" Highnesse, Gover[n]ment, Hee the s"^ John Archer 
hath for himselfe his heirs & Executo"^ given granted, 
Bargained, Aliened, & Sold & by these p''sents doth 
give, grant, Bargaine, alien & Sell, unto the aforenamed, 
Matthias Nicolls his heirs and Assigns all his Right tittle and 
Interest, unto the s"^ 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 s"^ Matthias Nicolls, 
his heirs and Assignes, are to pay or Cause to bee paid. 
Every New Yeares day unto the s'^ John Archer, his heirs 
and assignes, a fatt Capon; To have and to hold the s*^ Neck 
of Land, Hummock Island Premises, withall the tittle right 
and Interest, which hee the s"^ 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 
the26"' [sic] yeare of his Ma^'^'^Reigne Annoq? Domini. 1678. 

John Archer 
Sealed Delivered In 
p^'esence of 

Peter Smith 

Henry Newton 



222 Province of New York [iv] 

NO. IV. 

NEW FERRY AT SPUYTEN DUYVIL. 



O. W. L. An Ord^ for y'' Mayo"" & Aid™"" of N. Yorke 

(NYSL) to settle y*^ fFerry at Harlem &c 

Feb. 27 Whereas Johannes Vervelen of New Harlem hath p''ferr'd 
a Peticon unto me In regard y" fFerry of Harlem is to be 
Removed & that y^passage at Spiting Divell is to be fitted & 
kept for passengers going to & from this Island to y" Maine 
as also for a drift for Cattle & Horses that he may be admitted 
to keep y*^ said Passage The Pet^ alleadging that having a 
promise from y" late Governo^ my Predecesso"' as also a 
Confirmacon from y*" Mayo!' & Aldermen of this Citty that 
he should injoy y'^ benefitt of y" fferry at Harlem for fiue 
yeares Conditionally that he should provide boates & other 
necessary accomodacon for strangers w''' accordingly he 
hath perfourmed but there is not as yett aboue tvFO yeares 
of y" tyme expired, I haue thought fitt to referr y" vphole Case 
of y'' Pet!" to y" Mayo'' & Aldermen of this Citty vrho are to 
returne back to me their Judgm^ & Resolution therein, 
Whereupon I shall glue Ord'' for y'' laying out of a peice of 
land neare Spiting Divell fitt for y'= accomodation of the 
person that shall be appointed to keep y'' fFerry & Passage 
there, as also for y'^ Releife of passengers & strangers Given 
und'' my hand at fFort James in New York the zj'? day of 
February 1668. 

[Francis Lovelace.] 
To y" MayoT & Aldermen 
of y^ Citty of New Yorke. 



[?vl 



Collateral and Illustrative Documents 



223 



An order about the Ferry to bee removed O.w. L. 
from Harlem to Spiting Devill. (NYSL) 



Whereas it hath beene resolued and concluded upon that 
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 accoinodacons 
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 a'^ day of June 1669 p j 

To all officers or other 
persons whome this may 
concerne. 



1669 

June 2 



[Articles of Agreement for the Conduct of the Ferry.] 

July y" 15'!^ 1669. 
Before y*" Governor 

About y'' Ferry to be remoued from Harlem to Spiting 
Devill Johannes Vervelen to be Iferryman 

> Should be " at." 



O. W. L. 
2:538 

(NYSL) 
Also incom- 
plete copy 
in O. W. L. 

2:507 

1669 

July 15 



224 Province of New York [?v] 



^2 T s" First That he prouide a sufficient dwelling house w'^ three 
(NYSL) or foure beds for y^ Entertainm' of Travelers, & that he 
plete copy be furnish't alvvayes w*!' prouisions for them their horse & 
2.'goy ■ Cattle & stabling & stalls accordingly. 

That he haue a sufficient boate for transportation of pas- 
July % seng" horses & Cattle. 

That he cause y'' 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 w^'out his pmission. 

That he giue his due Attendance at y'= 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 
y^ 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 y^ Complaint of y^ ptye to 
y*" Court of Mayo'' & Aldermen of this Citty he shall Incurre 
such fyne or penaltye as y'' Court shall adjudge according 
to y*" meritt of y" Cause. 

That y'' fferryman belonging to y*' New Towne of ffordham 
be Constable for y^ first yeare, & y' y'^ said Towne haue 
dependance upon y*" Mayo'? Court of this Citty as Harlem 
hath untill further Order. 



The Ferryman is to haue for y'' Execution 
of his Office as foUoweth. 

Thaty^ whole Island of Papiriniman be alotted him toward 
y^ Accomodation of Strangers & y^ defraying of his Charges. 

That he haue a proportion of meadow adjacent to it 
for y*" further Accomodation of \blank\ Acres. 

That y"" said Island togethe'' w'*' y" house & other buildings 
he shall Erect upon y^ p'^misses be Esteemed & taken as his for 
y'' space of \blauk\ yeares or for & duering his naturall life. 



[iv] Collateral and Illustrative Documents 225 



That aftTy^ Expiration ofy'^ said tyme if it shall be thought ^;.^- J"' 
fitt to invest anothr y^ person so invested shall giue unto him (NYSL) 
or his Assignes such satisfaction for his buildings thereupon piete copy 
as shall be adjudged by two indifferent psons chosen be-'^^' ' * 
tweene both. 

That in Case he lodges any pson one night he is to haue jjiy ^5 
6. pence p night in Case they haue a bed w"? sheets & vF^^out 
sheets two pence in Silver. 

For Transportation of any person Except he be imployed 
by warrant by y" GouernoT or any magistrate upon y" pub- 
lique affaires for w''.'' 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'.*' 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 y® 
Gates z'^ p peice. 

For feeding a horse one day or night w'.*^ hay or grasse 
six pence. 

For feeding of Cattle 3*^ in Silver. 

That he pay as a quitt rent yearly 10 shill: 

That y" fFerryman beare one third part of y" Charge of 
making y" bridge over y" meadow w'!" those of ffbrdham 
who are to pay y^ rest. 

That if it shall be thought Convenient that the privi- 

ledge of keeping a ffayre be graunted to this Citty or any 

oth'' parte of this Island all Droves of Cattle passing over 

y*' fferry are to goe free & so to be in retorning a day before 

[15] 



226 Province of New York [i?] 



O. W.L. ^ a (Jay after it's Expiracon before w"*" & after they are to 

(NYSL) pay y^ usuall Rate. 
Alsoincom- 1-1 pl-ij- or • j 

piete copy i o leaue y'= building & fence in good repaire. 



2.-0- In Testimony hereof y" Partyes to theise p'sents Articles 



in O. W. L. 

Indented haue Interchangably putt to their hande & Seales 
1669 ye Q^y ^ yeare first aboue wrytten. 

Sealed & Dehvered in 
y^ presence of. 

This is y*" End of y'^ Articles betweene y^ Governour & 
Vervelin the Ferryman. 



^^ .'^^s* [The Articles of Agreement.] 

(NYSL) 

Articles of Agreem* Indented, consented unto & Con- 

[Sept.] eluded upon y"" [blank] day of [blank] in y^ 21'!^ yeare of his 
Ma"=^ RaigneAnnoq? Domini 1669. Betweene y'' R' Hon''.'^ 
Francis Louelace Esq"' Gouerno'' Gen''!' und^ his Royall 
Highness James Duke of Yorke & Albany &:c of all his 
Territoryes in America on y*" one parte & Johannes Ver- 
velen of New Harlem on y*^ Island Manhatans Ferryman on 
y'^ oth'' pte for & Concerning y'' settling of a Ferry at y*^ 
place Comonly called Spiting Devill betweene this Island 
Manhatans & y'' New village called Fordham as foUoweth 
(viz*) that is to say. 

Inprimis, It is agreed Concluded upon & mutually con- 
sented unto by & betweene y^ ptyes to theise p''sents, That 
y*' said Johannes Vervelen as Ferryman shall Erect & prouide 
a good & sufficient Dwelling house, upon y'' Island or Neck 
of Land knowne by y"^ name of Papiriniman, where he shall 
be furnish't w'.*^ three or fower good Bedds, for y'' Enter- 
tainment of Strangers, as also w*'? Provisions at all Seasons, 
for them their horses & Cattle togeth"^ w"' stabling & stalling. 
That y'' Ferryman haue a sufficient & Able boat for y'^ Trans- 
portation of Passengers Horses & Cattle upon all Occasions. 



Pf$] Collateral and Illustrative Documents 227 



That y® said Ferryman cause y^ Passe upon y" said Island O- 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 

... , . . • 1669 

w m his pmission. [Sept.] 

That y*^ Ferryman doe beare one third parte of y^ Charge 
of making y'^ bridge ouer y" meadow ground to y* Towne 
of Fordham who are to be at y" remaindT of y^ Charge 
themselues. 

That y^ said Ferryman doe giue his due Attendance at 
y^ 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 y*^ Publique affaires are 
concerned, where y'^ said Ferryman is to be ready at all 
seasons that he shall be called upon. 

And in Case of neglect of y*" Ferrymans Duty upon Com- 
plaint of y^ pty wronged to y" Co'^ of Mayo'' & Aldermen of 
this Citty, The said Ferryman shall Incurr such a Penalty 
as y® Co" shall adiudge according to y® meritt of y" Cause. 

In consideration of what is herein required 

to be done & pfourmed by y'' said 

Johannes Vervelen as fferyman, he y" 

said Johannes Vervelen shall for y'' well 

Execution of his Office haue & receiue 

as followeth (vizt). 

That y^ whole Island or Neck of Land called Papiriniman 

wheth?^ incompassed w*'' water or meadow Ground, shall be 

alotted to y'' said Ferryman togeth"" w'.^ y" peice of meadow 

Ground adjoyning to it lately layd out by Jaques Corteliju 

\stc\ Surveyo'' towards the Accomodation of Strangers & 

y^ defraying of his Charges. 

That y'^ said Island or Neck of Land & meadowe Ground 
togethr w'^ y"^ housing or whatever else he shall Erect or 



228 Province of New York [iv] 



0; W. L. build thereupon, togeth'' w'*' y*" Ferry & y' benefitt priuiledges 
(NYSL) & profitts thereunto belonging shall be & remaine to y* 



1669 



proper use & behoofe of y^ said Johannes Vervelen & his 
[Sept'l Assignes for & duering y^ Terme &• space of Eleauen yeares 
to Comence from & aff y^ l^' day of [blank] 1669. 

That for y" First yeare he y'^ said Johannes Vervelen be 
Constable of y" New Towne of Fordham w'''' said Towne or 
village is to haue it's dependance upon y'' Mayors Co'^ of 
this Citty in like manner as y® Towne of New Harlem hath, 
They hauing liberty to Trye all small Causes und'' 5" amongst 
themselues as is allowed in oth'' Towne Courts. 

That aft''y'' Expiration of y*" said Terme & tyme of Eleaven 
yeares, He y*^ said Johannes Vervelen if he so longe shall 
Hue & desire y" same shall haue y'^ 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 y^ said Ferry to fFarme But if it shall happen 
that another pson shall be invested in y^ Imploym' The 
pson so invested shall pay unto him y*" said Johannes Ver- 
velen or his Assignes & make such satisfaction for his build- 
ings boats & oth"' Accomodacons remaining thereupon as 
shall be adjudged by Two indifferent psons to be chosen 
betweene both ptyes. 

That at y'' Expiration of y" Terme of Eleaven yeares y® 
said Johannes Vervelen or his Assignes who shall Exercise 
y° Imploymf of Ferryman shall be obliedged to haue y^ 
house Tenantable w'^ a sufr.cient boate & y" ffences & Gates 
kept in repaire as they ought to be Continued all y" tyme 
so that no discouragem' be Giuen to passengers nor y" Ferry 
through any neglect be discontinued. 

That y" fferryman shall take & receiue of all Passengers 
wheth'' alone or w"" or on horsback drifts of Horses or Cattle, 
for lodging Dyett feeding passage or ferrying according to 
y° Rates in a Table to That End directed & sett forth. 



[?v] 



Collateral and Illustrative Documents 



229 



Provided alwayes that all psons Employed by speciall O. W. L, 



warrant from y° Governor or any Magistrate upon y" Pub- 
lique Account shall be Exempted from paying eith^ fFerryage 
or passage for themselues or Horses as also such pson or 
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 y*" Governo^ shall at any time w^'in y^ Terme 
aforesaid thinke it Conuenient that a Fayre shall be kept 
eithrinthis Cittyor anyoth^ pteofy'' Island, It is also agreed 
upon that all Droves of Cattle & Horses passing over y"" said 
fFerry shall be free from payment, either in goeing thithC 
or retorning back, w''"' priuiledge shall continue duering y'' 
tyme of keeping y*" ffayre as also a day before & a day aft^ 
it's Expiration. 

And Lastly y'^ said Johannes Vervelen or whosoeuer on 
his behalfe shall keep y fFerry aforesaid shall pay yearely & 
euery yeare as a Quitt Rent to his Royall Highnesse y" 
Suiiie of [blank] 



2:525 

(NYSL) 

1669 

[Sept.] 



An OrdT excusing William Betts & oth'^'' from ^- ^• 
. 2:466 

making a bridg ouer y" Marsh betweene (NYSL) 

Papirinimon & ffordham. 

Whereas it was proposed unto me by William Betts George '^ ^^^^° 
Tippett & John Heddyer' that living at some distance from 
y® Towne of Fordham where a Cawsey is to be made ouer 
y** Marshy ground betweene Papiriniman & y^ Towne of 
ffordham if they may be Excused from their Proportion of 
worke in making up that Cawsey they will be oblledged to 
make a bridg at their owne charge over Bronckx Ryver in 
y* way to Eastchest^ w^^ is also a thing very requisite & 
comodious. Upon debate of y^ said Proposicon in y^ p'^sence 

« John Heddy or Hedden. 



230 



Province of New York 



[Y] 



C. A. 
2 : 466 

(NYSL) 

1669/70 
Feb. 10 



of y" said Three persons & also of diuers of y*" Inhabitants 
of Fordham those of y'^ Towne offering to giue their assist- 
ance in making of y** said bridg aft^ y" Cawsey shall first be 
finisht for y'' w'i^ all their Assistance will be little Enough, 
& finding that what is proposed by y*^ Towne tends to y'^ 
greater Expedition of both workes It is ordered that y'' 3 
psons aforenamed do first joyne wf^ y® rest of y^ Towne of 
fFordham in making up y*^ 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'^ a Gate on Eastchest^ syde to hind^ their Hoggs from 
comeing over In consideration whereof & for their Incour- 
agem^ it being a new Plantation they shall haue y" liberty 
& priviledg of having y" Passage of y" Ferry free to & fro 
for themselues Horses Hoggs & Cattle for & duering y^ 
space of tyme Johannes Vervelen y*^ p''sent Constable or 
his Assignes shall injoy y"^ Ferry, as by agreem* betweene us 
is sett downe. Given und'' my hand at Fort James in New 
Yorke this lo"" day of February 1669. 

[Francis Lovelace.] 



No. V. 
NEW ROAD BETWEEN NEW YORK AND HARLEM. 



0. W. L. 
2:336 

(NYSL) 



An Order for a Cart way to be cleared 
betweene this Towne & Harlem. 



Feb. 24 Francis Louelace Esq' &c Whereas It is found Convenient 
& very necessary for mutuall Comerce w"* one another that 
a waggon or Cart way should be laid out & cleared betweene 



[^■] Collateral and Illustrative Documents 231 

■ ■ ■ - — — -- ■ 

this Citty & y^ Towne of Harlem w""? hath heretofore beene O. W. L. 
Ordered & appointed but never as yett was prosecuted to (NYSL) 
effect These are to authorise & Empower yo" as Comission''^ 
to see y" same put in Execucon That is to say after hauing Feb. 24 
agreed upon a tyme of meeting to view & lay out y* ground 
that yo" appoint y*' Boores of y'^ Bowery neare this Citty & 
y" parts adiacent to cleare y*^ way from this Citty to y*^ Saw 
Kill, & y'^ Inhabitants of y" Towne of New Harlem to do y" 
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 y® first day of May next according to 
this my Ord'^ 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 und'' my hand & seale 
at ffort James in New York this 24"^ day of ffebruary 1668. 

[Francis Lovelace.] 

for New York. 



To Thomas Hall & 
Gerritt Hendricks 
& 

To Daniel Turner & 
Resolued Waldron 



for New Harlem. 



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 yoT Towne hath made Com- jj^j{^ 
plaint unto me That yo^ Inftitants haue staked out a way 



232 



Province of New York 



m 



1667/8 

Mar. 21 



O. W. L. vpon Throgmortons Neck, & that they are about to run 
(NYSL) their fence up which if done will proue very p'iudiciall unto 
him In regard it will debarre him from a watering place for 
his Cattle in the Sufner tyme w*^.^ 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 
yo'' 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 yo" 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"' him according as is desired To the end there may be 
no furth^ Comp?' or Contest vpon this occasion Giuen und"^ 
my hand this 21*^ day of March 1667 at Fort James in New 
Yorke. 

R. Nicolls 



O. W. L. 

2: 242 
(NYSL) 

1668 
Sept. 8 



An Order for W™ Willett to carry away Hay 
at Cornells Neck. 

Whereas W" Willett hauing a Pattent from the late 
Governo'' Co? Richard Nicolls for a Confirmacon of a cer- 
taine peice of land w^'in the lymitts of yo^ Towne corrionly 
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 w'^out 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 
yo" 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 w'^'in the bounds of his 



m 



Collateral and Illustrative Documents 



233 



Pattent for his owne provision For the w'^.*' if it shall appeare O. W. L. 

, 2 : 242 

that the said meadowe ground where he causeth his Hay to (NYSL) 

be mowed doth belong unto yo- Towne Then he shall be 

oblieged to giue yo" satisfaccon for the same according as 

shall be adiudged reasonable by Two indifferent men to be 

chosen betweene yo" Giuen undr my hand at Fort James 

in New Yorke the 8'.*' of Septemb!" 1668. 

[Francis Lovelace.] 



1668 
Sept. 8 



A Confirmation of y'' Com^? Report concerning Tho: Hunt. 

Whereas there was a Cofnission issued forth into [sic] M"" 
John Richebell, M'' William Laurence, M'' Thomas Wandall 
and M"' Jacques Coustilleau and M"' 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 reservacon of Appeall) betweene the 
Inhabitants of West=Chester and other persons concerned 
amongst the which Thomas Hunt Senio"" of the place afore- 
said was one of y® Commission'''^ bearing date the 28''' day 
of february last And the Commission'^'^ 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 y'' 
Premises the which is attested under all their hands as their 
Joint act wherein amongst other matters, In y'^ Case of 
Thomas Hunt its Said as followeth Viz' That Thomas 
Hunt Senio'' according to y'^''^ Teno"" of his Patent Should 
not bee hindred of Pasture or Runes for his Cattle on Throck- 
mortons Neck neither of Sufficient water for y'' Same But 
in case West Chester will fence in y^"^ Said neck that then 
they shall Leave ou[t] Sufficient pasture and a watring place 
as y' aforesaid Hunt shall haue occasion for his Cattle. 



O. W. L. 
2:469 

(NYSL) 

1669 
July I 



234 Province of New York [vu] 

O. W. L. These pres'^ doe therefore Certifve and declare that I 

2 : 46c) ' ... 

(NYSL) approue of and Confirme what y*^ Said Commission'"^ haue 
done in y'= 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 Seale at Fort James in New Yorke this i^' 
day of July in y" 21"' yeare of his Maj"" Raigne AnnoqJ 



domini 1669. 



[Francis Lovelace.] 



No. VIL 
YONKERS — VAN DER DONCK'S PURCHASE. 



Septembr 21''' 
1666. 

^^^^^ The Indians Acknowledgment to haue receiued 

3:42 . . ° 

(Sec. State) satisfaction for y*^ 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 Coirionly 
called y'' Younckers Land) who brought seuerall Indians 
before y? Governor to acknowledg the purchase of y" said 
Lands by Vander Dunck coirionly called y^ Younker 

The said Indians declared y"^ Bounds of y^ said Land to 
be from a place called by them Macackesin at y*^ North, so 
to run to Neperan, & to y*" Kill Soroquapp then to Muskota, 
& Pappereneman to y'' South & Crosse y" Countrey to y? 
Eastward by Bronckx his Ryver & Land. 

The Indian Proprieto^^ name who was cheife of them is 
Tackareek living at y^ Nevisans who acknowledged y? pur- 



[vm] Collateral and Illustrative Documents 235 



chase as before described, & that he had receiued satisfac- Deeds 
r . 3:42 

tion for It. (Sec. State) 



1666 



Claes y" Indian hauing interest in a part Acknowledged to 
haue sould it & receiued satisfaction of Van der Dunclc Sept. 21 

All y" rest of y^ Indians p''sent 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 
itants of New Towne, the 13''' day of July (Sec. State) 
1666. Acknowledgd before the Governor 
the 9"^ of July 1666. 

Aprill the 12'**, 1656. 

Know all men by these pnts. That wee Rowero westco, ^^^^^^ 
and Pomwaukon, do acknowledge and Confesse; That wee etc. 
have firmly and joyntly. Sold, Alienated & made over, all Recorded 
Our Lands from us. Our heires, Executo", Administrato''^ j^jy j^ 
or Assignes, to the Inhabitants of New Towne, aUas Middle- 
borrow, to them and their Heires for ever, as their owne and 
free proper Land or Lands, Immunityes, appurtenances, 
privlledges, 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 [vm] 



Deeds Mouth of fflushing Creeke, so commonly call'd, so coming 
(Sec. State) toward the South East, Bounded by the Creeke side till it 

jg^ extends it selfe to the South side of the Hills upon the Line 
Apr. 12 from thence tuning upon the Line westward by the South 

side of the Hills, till it meet with the South Line, w''*' is 

i655 extended from the west Branch of Marshpath kills, called 
July 13 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, 
w"' 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 wree the said Indyans, according to our word and obliga con, 
do hereby these p'^sents manifest our selves to have reed full 
Satisfaccon of the aforesaid Inhabit'^ for the Priviledges wee 
then reserved, in y*^ 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 y^ 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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[vni] Collateral and Illustrative Documents 237 



unto wee have sett our hands, this 9"" day of July 1666. Deeds 

and in the 18"^ yeare of his Ma''" Raigne (Sec! state) 

Pumwakons X Marke. 

Signed & Sealed in y"^ pnts of us. Apr. 12 

John Pounds X Marke. L 

Armorcharne X his Marke, ^^'^666^'* 

Chawescome X his Marke. July '3 
John Napper X his Marke 

Rec? of y" Inhabitants of New Towne, full Satisfaction 
for all the aforesaid Land w"'' herein is specified, wee say 
received by us the 9"' of July 1666. the Suine of ffifty five 
pounds, for y"" first Payment, the 2'^ & last paym' now paid, 
21? 09? 00? 

Pumwakon X his Marke 

At the Generall Meeting of the Deputyes of "^^f^^ 
Long Island held before the Governor at (Sec. State) 
Hempsteed March 4'*^ 1664. 

Bushwick 

New Towne ats 

Middleborrough 

It is this day Ordered, That the Meadow Ground in l^^'*^^ 



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. 

Rich ' Nicolls. 



4 



238 



Province of New York 



[vuij 



O. W. L. 

2:377 
(NYSL) 



A Lre to y= Constable & Overseers 
of New Towne. 



1669 

April 9 



There being a difference depending betweene yo^ Towne 
& yor neighbours of Boswijck about y" bounds & lymitts of 
yo'^ Land y" w'^'' was by y'' late Court of Sessions atGrauesend 
recomended to yo" to agree amongst yo'^selues otherwise y^ 
Governor was desired to appoint some fitt persons to view y^ 
Land & give their Judgm' therein unto him I am Ordered 
to put yo'' in mynde of that Ord'' of y" Court. Yo" are 
therefore to rendv an Account wheth'^ yo" are like to Agree 
or no that in case yo" do not y'^ Governo"' may appoint some 
persons to view y" Land & determyn y* matter in difference 
betweene yo" I am 

Yor very Loving freind 
Apr 9'^ 1669. M Ni colls. 

The like was sent in Dutch to Boswijck. 



O. W. L. 

2:441 

(NYSL) 



A warrt to the Constable & 
Overseers of New Towne. 



1669 
June 21 



Whereas there hath beene a difference depending betweene 
the Inhabitants of the Tovvnes of New Towne and Boswyck 
about the Limitts of their Lands and the meadow or valley 
belonging to them which was recoffiended 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 yo"" Towne to appeare before mee and to 
bring w"' them, what writtings proofes and Euidences you 
haue for yo'' Claime and pretences that there may at length 
an End [be] put to the said difference according to Law and 



[vm] Collateral and Illustrative Documents 239 



good Conscience. Given under my hand at Fort James in O- W. L. 
New Yorke this 21"' day of June 1669. (NYSL) 

[Francis Lovelace.] 
To the Constable and jim^2i 

Overseers of New 

Towne. 

The hke order was sent to the Constable and Overseers 
of Boshwyck. 

[Memorandum] *-• *• 

(NYSL) 
The Inhabitants of y'' Towne of Buswick p".^ i56p 

The Inhitants of Middleborough als New Towne Defts. °'^*- ^^ 

A soeciall warrant. October aa'?" 1669. 



An Ord"^ for Decision of y"^ Difference about ^- ^• 
the Bounds of Newtowne & Boswijck. (NYSL) 

Whereas severall Applicacons have been made unto mee ^ ^^72 

rr June 20 

both by y" Inhabitants of y" Towne of Newtowne & Bos- 
wijck, that y* Lymitts & Bounds in Difference between 
them might bee ascertayned, The which was recommended 
to y" 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 y" 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 y" same who were nominated by y*^ Court of 
Sessions are to meet upon y" Place y" 2J^^ or 28"" day of 
this instant Month to view y'' Bounds, & endeavour a Com- 
posure between y'= two Townes aforesaid, for y** furtherance 
whereof, Thomas Delavall Esq" & M' Matthias Nicolls two 
of y** Councell are likewise desired to bee p''sent to give their 



240 



Province of New York 



[?l] 



G. E. 

4: 151 

(NYSL) 

1672 
June 26 



best Advice to y^ putting of a Period to this Controversy; & 
if either of y^ foure Persons nominated as aforesaid shall bee 
absent at this time appointed, y^ said Thomas Delavall, & 
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 26"" day of June 1672. 

[Francis Lovelace.] 



No. IX. 

NANGENUTCH alias WILL, AN INDIAN, FOR RAPE 
AT EAST HAMPTON, L. I. 



O. W. L. 
2:466 

(NYSL) 

1669 
July 7 



[Order prohibiting Will the Indian from coming 
into or near the Town of East Hampton.] 

Whereas Will: the Indyan was accused and convicted of a 
Rape coiriitted upon y^ Body of an English woman for w"^"^ 
hee in part reed Punishm[ent] and these ' woman abused by 
him being married wife and living in y'^ Towne of East 
Hampton into y'' w'^*' Towne if y° said Indyan should bee 
permitted to come it may breed ill bloud and cause some 
disturbance these are therefore to require and cofnand that 
y'' said Will: y" Indyan doe not presume to come into or 
very neare the said Towne of East Hampton for y" reasons 
aforesaid upon any pretence whatsoever as hee will answer 
his contempt in doeing of y^ Contrary. Given under my 
hand at Fort James in New Yorke this 7"" day of July 1669. 

[Francis Lovelace.] 

• An error for " the." 



n-] 



Collateral and Illustrative Documents 



241 



No. X. 

ESOPUS PAPERS — KINGSTON, HURLEY AND 
MARBLETOWN. 



[Memorandum about Land Grants to Soldiers.] 

Aprill y? 6"? 1667 [sic for 1668]. 

Edward Whittaker p'^ferred a Petition to y^ Governo' on 
Y^ behalfe of y? rest of y^ Souldiers at y^ Sopez, whereupon 
it was promised them by y" 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 y^ 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 Cofnon. 



C. A. 

2:526 

(HYSL) 



1668 
April 6 



A Grant to the Souldiers ^- ^-J" 

2:206 

at Esopus. (NYSL) 



Aprill: the 6'^ 1668. 

The Governo' 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''.*' 
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] 



1668 
April 6 



242 



Province of New York 



['i] 



O. W. L. the Vpland to belong to their Home Lotts for planting land 
(NYSL) The rest of the Wood land is to lye in Coirion. 

By Order of y'' Governo'^ 
April 6 M. Nicolls Secretary 



O. W. L. 

2:218 
(NYSL) 



1668 
Aug. 7 



O. W. L. 
2:241 

(NYSL) 



An ord'^ about paym' for the House rent 
where the Cheife military officer at 
Esopus Quarters. 

Whereas The Cheife Military Officer at y*" Sopez Hath 
euer since the Moneth of Novemb'^ 1665 had his Quarters 
in a house for w''.'^ no rent hath hitherto beene paid nor any 
agreem^ 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 p'^sent Scout & Comissaryes doe 
forthw'.^ take it into their Consid''acons & adiudg what rent 
is fitt to be paid for the tyme past, w"^'" 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 QuartV 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 mannr of persons who haue any Clayme or p''tence to 

any lotts or lands at the New Durpe at Esopus or to any 



m 



Collateral and Illustrative Documents 



243 



oth"^ land there adiacent And all oth'' persons who came ouer 
into these partes w*'' the late Governor Colt Richard Nicolls 
or to whome he hath promised land and haue now a mynde 
to settle themselues the first are to bring in their Claimes or 
p''tences & the latt^ their names to the Secretaryes office in 
the Forte by the Tenth day of this instant Month The 
Gouerno"^ intending to goe vp to Esopus the latt^ end of the 
next weeke to settle matt'''' concerning the said new Durpe 
& partes adiacent aforesaid & to cause lands to be laid out 
thereby to such oth'"'' as haue had premisses for the same & 
resolue to hue & settle thereupon Dated at New Yorke 
the 5'^ day of Septem'^'' 1668. 

By ord*^ of the Governo^ 

Math: Nicolls. 



O. W. L. 

2 :24i 

(NYSL) 

1668 
Sept. S 



[Matthias Nicolls to Philip Pietersen Schuyler.] 
A Lre To M^ Phillip Pieters 



O. W. L. 
2:239 

(NYSL) 



Mr Phillip Pieters. 

I am Comaunded by the Governor to acquaint yo" That fl^*^?] 
he intends (God willing) to be at Esopus vpon Wednesday 
next come Senight w"^.*^ will be the Three & Twentith day of 
this Month where he expects yo" should meet him & bring 
w'.'' yo" the Clayme or pretence of Goosen Gerritts Volchert 
Jans or any oth^ 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 anothr Towne To w'''' end he 
will take [bla?ik] as surueyo^ w"' him I shall waite upon the 
Governor thith!^ I will bring w'!' me yo^ Lres of Denizacon 
yo" Spoke to me for. This is all at p'"sent from 

S^ 

YoT humble servant 
[New York, Sept., 1668.] Math: Nicolls. 



244 



Province of New York 



m 



O. W. L. 
2:249 

(NYSL) 



1668 
Sept. 23 



[Memorandum about Sale of Land by Indians.] 

Septembf 23^ 1668. At Esopus. 

Memorandu That this day three of the Esopus Sachems 
who had sould the great Tract of land there to Gov™"' Nicolls 
accompanyed w*."^ diuers othr Indians came to the Governo' 
& brought the Counterparte of the deed of Purchase desiring 
to Continue Freindship w"^ was then Ratifyed. 



o. W. L. 
2:249 

(NYSL) 

1668 
Sept. 24 



A Lycence Graunted to Matthew Blanchan 
for 12 month to sell Liquors &c. 

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 p^sent no one who doth undertake the same 
These p''sents 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 aft- the date 
hereof prouiding at least one sufficient lodging for strangers 
& keeping good ord" in his house as by the lawes is required 
Giuen und!' my hand at Esopus this 24'.*" day of Septemb"^ 1668. 

[Francis Lovelace.] 



O. W. L. 

2:i5o 
(NYSL) 



1668 
Sept. 25 



Order for keeping y^ Watch at y*' Guard at 
Esopus. 

To Mr Berisford Comand^ of the 
Souldiers at Esopus. 

For the furth^ Incouragem' of y^ setling the furthest 
plantacon w"^*" is to consist of most Souldiers I doe ord^ that 
the Military Guard hitherto maintained by the Souldiers be 
discharged of that duty & that the Townesmen of the Sopes 



Txl 



Collateral and Illustrative Documents 



245 



are to keep their watch w'^*' formerly was maintained by O- W. L. 

them onely y'^ Redoubt is to be maintained & kept by the (NTfSL) 

Souldiers und"^ M^ Berisfords Cofnand who is required to see 

. i658 

it executed according to the true meaning of this my ord^ Sept. 25 

Fran: Louelace 
EsoDus zf'.** Sept^ 1668. 



The names of those that Co*? Nicolls pmised j-z^o 
lands to at Esopus being now there. (RYSL) 



Christofer Berisford 
Thomas Quennill 


Serg' -] 


John Biggs 
Robert BickerstafF 


"1668 ■ 
.Sept.. 


Rich: Cage 
Geo: Hall 
Robt Peacock 




W2 Fisher 
John Henry' 
John Pounds 




Frederick Hussey 




Antho: Addison 




Henry Paulyn' 
Edward Whittaker 




Thomas Skillman 
-Edw: French. 




Thomas Mathews 
Anthony Cooke 
Samuell Oliver 




Those that are Crost finde 
themselues prouisions.^ 




Georg Porter 
Edward Price- 








W- Houghton 








Thomas Elger 


.• 







Coppy of the Oath to be taken by the O- w. L. 
Surveyor (NYSL) 

Yo"' doe sweare by the Ever living God That w"'out feare f 1668 1 
huo' or any oth: SinistT respect whatsoeuer yo^ shall to the ^^ ■■' 

' Henry Pawling. 

' Also called Avert and Evert Price in other lists. 
' The same as John Hendrick in other lists. 

• They are not indicated by a cross in the record copy from which the above 
transcript is made. 



246 



Province of New York 



m 



O. W. L. best of yo'' Skill & 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 
LSept. J the Superficiall Contents thereof So help yoV God. 



O. W. L. 

2 : 252 

(NYSL) 

1668 
Sept. 26 



An Order for Cutting Pallisadoes 
at Esopus. 

These are to giue notice to all persons concerned in eith"^ 
of the New Dorpes or Villages lately laid out by my ordr 
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 proporcons of Pallisa- 
does against the next spring when each persons diuidend of 
land belonging to his lott shall be sett forth for their setling 
thereupon Hereof they are not to faile Giuen undr my hand 
at Esopus this 26'.'' day of Septemb^ Anno Dm 1668. 

Fran: Louelace. 



O. W. L. 
2: 253 

(NYSL) 

1668 
Sept. 26 



An ord'' for the provision of Planks boards &c 
for y^ settling the furthest New Dorp. 

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 w' ^ there will be occasion of Plankes & 
oth^ materialls These are to authorize & empower yo" 
Henry Pauling on the behalfe of yo"" selfe & the rest that are 
to settle there to take such Plankes boards & oth'' 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 



["x] 



Collateral and Illustrative Documents 



247 



whereof the Schout & Comissaryes are desired to be aiding 
& assisting to yoV in prouiding of such Carts & Horses as 
may be requisite for their transporting to the said New Dorp 
And for soe doeing this shall be to yoV a sufficient warrant 
Given undr my hand at Esopus this 26*.^ day of Sept'"' 1668. 

Fran: Louelace. 



O. W. L. 

2:253 

(NYSL) 

1668 
Sept. 26 



The Names of those persons that are willing O. W. L. 
. . 2:254 

to take their diuidends of Lotts at the (NYSL) 



furthest New Dorpe. 

Wee who haue hereunto subscribed o'' names are willing 
to take o^ 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 Septemb"^ 1668. 



Tho: Ouynell 
Robert Bickerstaffe 
Jn° Biggs 
Frederick Hussey 
Henry Farling' 
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 rri Price' 
Thomas Elger 
George V Porter 
Anthony Addison 
Jn° Punye (?)' 
W™ Fisher 
Jn° Hendrick 
Rich: Cage. 



• Henry Pawling. 

' Also called Evert and Edward Price in other lists. 

•John Pound or Pounds in other lists. 



1668 
Sept. 26 



248 Province of New York [^i] 



O- W- ^- An Answer To the Desires of the Inhabitants of 

2:255 

(RYSL; the Esopus tendred to me 24''' of Septemb! 

1668. 

1668 I To the First concerning the Boundarves of the Dorp of 

Sept. 26 „ ^ . . ° , ^ \ , ^. 

hsopus my answ"^ & opmion is, that 1 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 und^ the 
Towne my ord"^ is that it remaine to the use of the Towne 
of Sopus onely what my p'^decesso- Co" Nicolls has already 
alotted to M*^ Pauling w^'all 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 w"^*" is at the New Dorp it 
being not w'Wn 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 Royall 
Highn'^'' 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 

' In the manuscript this word is inadvertently written " destinet." 



["x] Collateral and Illustrative Documents 249 



iust debts I thinke it reasonable that they should do it O- W. L. 

2 1 2KK 

Prouided that the Officer that Cofnands them be first (nVsl) 

acquainted w"" it before they be suiiioned 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 y= Law 

equall w"' the rest of the Inhitants, but w^'all I desire that 

the Inhts will be carefull not to trust the Souldiers w^'out 

a probable power of their Repayment. 

6 As to their last desire Concerning the House where M? 
Berisford Hues I refer them to y" ordr made by my pMe- 
cesso^ the late Governor bearing date the 7'.^ day of August 
1668. 

[Francis Lovelace.] 
Esopus Sept. 26'.'' 
1668. 

Instruccons To the Schout & the rest 0- W. L. 
of the Comissaryes at Esopus. (NYSL) 

Yo" are w"^ conuenient speed to remoue y® Palisadoes & f 1668 1 
place them at the extremety of yo^ Towne where the new 
addition is made & to open the Coming in of the Towne in 
the middle of it as is design'd. 

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 bett^ but it will Contribute much to the health 
of the place. 

That according to the Agreem* made before me yo" goe 
on w'.'^ 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 [Y] 



O. W. L. Yo" are to be uery Circumspect In obseruing the motions 
(NYSL) & Intencons of the Indians especially those of the Wapingoes 
r 668 1 ^^° ^^^ "°^ gone to ioyne w'.*" 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 y" Souldiers till 
such tyme I can send them provisions w'^'' will be w'J' the 
first oppertunity & likewise to Hue freindly & peaceably 
w*? them & to assist them in what conueniently yo" can 
towards their planting the New Towne. 

Fran: Louelace 

2:258* The Souldiers Peticon at Esopus on y" 

*^^^^) behalfe of their fellow Souldier Edw: 

French. To the Right HonM^ Francis 
Louelace Esq'' Governor Gen'" und- his 
Royall Highnesse of all his Territoryes in 
America. 

Sept. 27 The humble Peticon of all the SouW? 

und^ yo^ Hono*^." Coinand at Esopus. 
Sheweth 

That they are uery sensible of yor Hono''^ 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 o'^ fellow souldier had 
no malice in his heart but was more then ordinary surprised 
w'.'' a distracted passion vf^ moued him to forgett himself 
& his duty. 



Px] Collateral and Illustrative Documents 251 



We doe all unanimously most humbly O- W. L. 
pray that yoT Hono'' out of yo'^ abund' (NYSL) 
goodnes & Clemency will be pleased at 
this o- l*irst & 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 y^ Engagem* of the Sould" y^ Gou""""' 

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 O- W. L. 
Lotts at the furthest Durp at Esopus. (NYSL) 

Whereas I am informed that some of y^ 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'? 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 9'!^ 
day of Nouemb' 1668 [Francis Lovelace.] 

To M^ Henry Pauling. 

An Order for six of the souldiers at Esopus to goe O. W. L. 

2 I 270 

to worke weekly at the furthest New Durpe. (NYSD 

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 ["f ] 



O. W. L. yo? vpon the Receipt hereof to appoint six of the Souldiers 
tNYSL) undr yo^ Coiiiand to goe each weeke to worke there, or to 



1668 



send & to take prouisions along w"' them, who are to be 
Hov. 9 releiued the following weeke by six others Souldiers, & so 
to take turnes successiuely weeke aftr weeke, untill further 
order. Giuen under my hand at Fort James in New York 
this 9'^ day of Nouemb- 1668. 

[Francis Lovelace.] 
To Mr Christofer Berisford 
at Esopus. 

^i-Ys?^' "^^^ Gouernor^ Lre to the Officers and 

(MYSL) Souldiers at Esopus. 

Gentlemen 
1668 Hauing now paid yo" of these 6. months last past so y' 

yo" cannot p''tend any obstructions to the setling the new 
Plantacon I haue laid out for yo" in w"?' I desire yor vigor- 
ous endeauoT that soe by that tyme I shall come up to yo" 
^ch ^^th QqJs permission) will be as soone as that weather 
will ^mitt) I may see some fruites of yo'^ Labour yo" may be 
sure of all the Countenance & assistance I can afford yo". 
& I shall expect nothing from yo" but a Civill Comportment, 
I doubt not but by your vertuous endeauours & Gods blessing 
on yoV labour to giue a comfortable account of yo" to his 
Royall Highnesse who (I know) will be uery well satisfied 
w*!" your undertakings, & the benefitt & content will needs 
redound to yo^ future felicity, w'^^ 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 if^ of Novembr 1668. 

For the Officers & Souldiers 

at Esopus. 



["x] Collateral and Illustrative Documents 253 



An Ord^ for the suspending the O- W. L. 

2:319 
Sentence ag' Matthieu Blanchan (NYSL) 

of Esopus. 

Whereas Complaint hath heretofore beene made unto me :668 
by Matthieu Blanchan an Inhabitant of yo^ Towne That he "" ^' 
was hardly dealt w^'all by yo*? concerning a distresse taken 
of one of his working Oxen w".*" he kept for the use o^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'*^ great seuerity 
condemned him in a certaine sume of money to be paid as 
a fyne as also w'."^ banishment for a yeare & oth^ circum- 
stances in the sentence of that Court sett forth, vpon p'tence 
of Slanderous words giuen by him against one of yo^ Comis- 
saryes from w"^*? sentence he hath appealed unto me: These 
are to require yo" to suspend the putting yo'' sentence against 
the said Blanchan in Execucon & that yoV 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 DecembT 1668. 

[Francis Lovelace.] 
To the Schout & Comissary 

at Esopus. 

The Governo^? Lett^ to y^ Magistrates at O. W. L. 

T7 / 6 2:337 

Esopus. (NYSL) 

Loving freinds. 

M' Pawling hath fully informed me of what hath past i^?^^^ 
betweene yoV & y*" Esopus Indians, as also of their proposalls 



254 



Province of New York 



m 



O. W. L. jovned w'?" y^ South Indians & those of Nevisans to make a 
(NYSL) firme peace w'?' y*" Maques & Synnekes, I do very well 
approue of what yo" haue already done, & do thinke it 
Feb. 24 conuenient that their designe of peace should be encouraged 
& promoted w'.'' all speed To w'^'' end you'l do well to send 
some Christian w"l yot Indians (but at their Charge) to see 
y= same agreed & Concluded upon If yo" are not provided 
better I thinke Christofer Davies may be a fitt person to 
receiue instruccons from yo" therein & to be a witness of 
what shall be done w*"^ when it shall be effected at his & y" 
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. 

Yor very Loving freind 
Fort James in Fran: Louelace. 

New York 24'!^ ffeb^y 
1668 



0. W. L. 

2:481 

(NYSL) 

1669 
July 25 



[Lovelace to Berrisford at Esopus] 

M' Berrisford 

I haue received yo'' Letter of the 1 7"' of July together with 
William Fissher. I approue well of yo*^ presecucon of yo'' 
Duty; But this I must informe you, that if a Stricter hand 
had beene kept over the Sould*^' wee Should not haue had 
Such frequent Comp*^"* of them as dayly aprowch my Eares; 
For besides fact of this ^ticular person; I cannot but take 
notice to you of the great Comp" of the Sould"""" 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 



["x] Collateral and Illustrative Documents 255 



to expostulate with you on y*^ like Subject, I am Sorry I could O- ^•^• 
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 Surveyo"' and Comission'^'' July 25 
to effect it, however lett them goe on with their home lotts 
according to the description I gaue to Pawling, Coiriend mee 
kindly to all and beleeue mee to bee. 

Tom Walton was on the point of Death and hee 
bequeathed [blank] Stl to M" Broadhead to whom comend 
mee and tell her her Debt from Fissher is as Safe now as 
before. 

[Francis Lovelace.] 
Fort James the 25"" 

of July 1669 



Instructions for Ralph Whitfeld Escp, Capt John *^°'J^f ^• 
Manning, & the rest of y" Commission'''^ for 22:99 
the Affaires at Esopus & the New Villages 
adjacent. — ' 

I. Inprimis -— That after you have first publishd yo 1669 



Commission (w^" you are to doe with all convenient speed 
after yo*^ Arrivall) you doe send to y" 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 y'' Souldiers & all y*" Inhabitants in 
Generall, that now being a time of peace, and Land being 

' 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. 



Sept. II 



256 Province of New York \^i] 



^°KYstf' ^llo^*^^^ ^o every Souldier for his Subsistance, I have thought 
22:99 fitt to reduce the Garryson, and to take that Charge off 

,, his Royall Highnes the Duke. 
Sept. II 3. That then you make Enquiry into y^ strength of y* 
Place by takeing acco' of y' number of ffamilyes & persons 
capable to beare Armes both at y'^ Esopus & y" two new 
Villages, after w'^*' you are to endeavour to finde out y^ 
best & most convenient way for maintaining a constant 
Watch at y" Redoubt. 

4. That you make Enquiry how y'^ 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 y* 
p'"tences 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 
deceas"! 

7. To enquire after y* 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 y'= Storehouse at y" Redoubt (of w'^^ 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. 



["x] Collateral and Illustrative Documents 257 

10. That you give Order, for the fFarmeing of the Excise ^"jJ-yfLf* 
to the best advantage, and take Acco* how the last years 22:99 
Income is disposed of. jgg^ 

11. That you take Order that all psons who have any Sept. 11 
p''tences to Lotts at the New Durps (w'^'' was burnt) doe 
forthwith Settle there under y" penalty of some ffine or 
forfeiture. 

12. That when M'^ 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 yo"" 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. 

16. That you take some order for y^ reparacon of the 
House next to M^ 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. 

18. 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 [x°] 

^fNYsf^' ■^°' That you take care & give yo'' 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 publiq5 peace. 

22. That you acquaint y^ Souldie", that as soon as their 
Accot^ can be Stated, to know what is due to them, their 
Arreares shall be paid. 

23. That you likewise take into yo'' consideracon how 
some Rate may be impos'd upon the Inhabitants there, 
according to the Lawes Establisht for the defraying their own 
publiq5 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 yo'' respective Employ- 



\^i] Collateral and Illustrative Documents 259 



ments and Occasions. — Given under mv Hand at Fort C°'- **SS. 

(NYSL) 
James in New Yorke this 11*'' day of September. 1669. 22:99 

Francis Lovelace 1669 

Sept. II 

Instructions for Ralph Whitfeild Esqi: Capt? O. W. L. 
Jn° Manning & y^ rest of y* Com"^^" for y* (NYSL) 
Affayres at y® Esopus & y^ nev?e villages 
adjacent. 

Inprimis. That aft^ yo" haue first publis'ht yo"' Com"" j^g 
w''^ yo" are to doe v^*^ all Convenient speed aft'' yo^ arivall, Sept. n 
yo" doe send to y"" Sachems of y'' Esopus who sould their 
Land to my pMecessoT Co"? NicoUs to come & acknowleg y" 
sale of y^ said Land before yoV & upon acknowledgm* thereof 
renewing of ffreindship yo" Engage them to doe y^ like 
yearely at y* same place for y*' future. 

That yo" Acquaint y= Souldiers & all y" Inhtants in Gen'''' 
that now being a Tyme of peace & lands being alotted to 
euery Souldier for his subsistance I haue thought fitt to reduce 
y*" Garrison & to take that Charge of from his Royal Highness 
y" Duke. 

That then yo" make inquiry into y" strength of y^ place 
by taking Account of y- numb'' of ffamilyes & psons Capable 
to beare Armes both at y" Esopus & y^ Two neare villages 
aff w'^.'' yoV are to endeauour to fynde out y® best & most 
Conuenient way for maintaining a Constant watch at y® 
Redoubt. 

That yo" make inquiry how y^ Inhabitants of Esopus 
haue proceeded in following my Ord""^ & Instructions left 
w'.*^ them when I was there & what is y*= Remora or reason 
why they haue not proceeded therein. 

To make inquiry aft^ & to view y^ Land comonly called 
Washmakers Land & to endeavour to know y*" p''tences of 



26o Province of New York ["x] 



O. W. L. Gouernor Stuyvesant or any oth' pson thereupon & upon 
(HYSL) what Account & consideration they clayme it. 



1669 



To make Enquiry aft^ & to view a peice of Land adjacent 
Sept. II Claymed or belonging to Thomas Hall lately deceased. 

To Enquire aft^ y'= Lymitts & bounds of Capt" Thomas 
Chambers his Land wheth"^ it be According to his Graunts 
or Pattents & how much furthT it extends. 

To Enquire how Capt" Thomas Chambers is encly'nd 
to perfourme his undertaking y^ last yeare about Erecting 
& keeping y® Store house (at y^ Redoubt of w''.^ yo" haue 
y^ Articles) & if he still declynes it to propose it to some other 
undertaker. 

That yoV make a Speciall Injunction that noe wheate or 
oth' Grayne be transported & mingled w'.*" othr w*''out y® 
Corne be very well Cleansed that place haueing already in 
parte lost y*^ good reputation they formerly had. 

That yo" giue Ord!' for y" farming of y^ Excise to y^ best 
aduantage, & take Account how y"^ last yeares Income is 
disposed of. 

That yo" take Ord^ that all psons who haue any Pretences 
to Lotts at y® New Dorpe (w'^'' was burnt) doe forthw'?" 
settle there undr y^ penalty of some fyne or forfeiture. 

That if M""? Broadhead doe remoue from y^ Washmakers 
land yo" take Care to make a verj' good prouision for her at 
y" furth^ Dorpe in regard of her great Charge & her being a 
Com°? Offic"? widdow. 

That yo^ take it into yo'' Consid''ation how y^ furthr 
new Dorp shall be Gouerned as to Officers & by what 
Lawes. 

That yo"? appoint some Officers to ordr y^ well laying out 
y® High wayes from one Village to an othr & keeping them 
passable. 

That yo"? inquire aftr & appoint fitt places of Rendevous 



["x] Collateral and Illustrative Documents 261 



in Case of Insurrections or Invasions & how each place may O. W. L. 

2 : 530 
haue Recourse one to y" oth'^ for succour. (NYSL) 



1669 



That yo" take some Ord"^ for y® Reperation of y^ house 
next to MT Beeckmans comonly called y^ Dominies or y"^ Sept. 11 
State house. 

That yo*^ take greate Care to regulate y" abuses of y" 
Indians & their drunkenesse at Esopus & make inquiry who 
transgresse in giving them more drinke or Liquors then is 
fitting or allowed of. 

That yo" Cause an Officer to be made in y" Nature of 
a Constable amongst y" Indians to keep them in y* 
betf^ Ord^ 

That one or more Officers be appointed by yo" at y* 
furth^ Dorpe, to whome y" Indians thereabout may have 
recourse for redresse upon Occasion. 

That yo" take Care & giue yo^ best advice & direction 
for y*" Continuance of y'^ Late made peace amongst y* 
Indians, & if any breach shall happen that yo" giue 
Ord'' to make inquiry into it & where y*" 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 y'' neighbour Indians there & 
disturbe y" publique peace. 

That yoV Acquaint y" 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 yof likewise take into yo^ Consideration how some 
rate may be Imposed upon y^ Inhabitants there According 
to y^ Lawes Establis'ht for y*^ defraying their owne publique 
Charge. 

And Lastly that hauing done yo' utmost in psecutlng my 
Com°° & following theise my Instructions that yo" breake 



262 Province of New York ["f] 



O. W. L. of gj repaire to yo'' respectiue Employm'? & Occasions, 



2:530 



(NYSL) Giuen und" my hand at. ffort James in New Yorke this il'!" 



th 



1669 



day of Septemb^ 1669. 



Sept. II [Francis Lovelace.] 



2 • 535 T^^^ Gouerno" Coiriission to seuerall psons for y' regulation 
(NYSL) of y^ Affaires at Esopus &c 

Francis Loulace Esqr Gouerno"^ Gen''!' und^ his Royall 
Highn^." James Duke of Yorke & Albany &c of all 
his Territoryes in America, To all to whome theise 
p''sents shall come sendeth greeting. 

Sept^'ii Whereas there are seuerall affaires at Esopus & y* New 
Dorpes or Villages adjacent w*^.*^ require a regulation by some 
psons of Integrity & Expience to be upon y^ place & there 
lying likewise before me some Complaints of irreguler pro- 
ceedings in y^ Co*? there w'''' ought to be Examined & recti- 
fyed, For y'^ better managing y"^ 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, M"" Christopher Berisford & M" Henry Pawling 
to be Com" to Examyn into & to regulate y'' affaires there 
according to such instructions as I shall herew'.*^ giue yo" 
of w^.*" said Com" yo"? Ralph Whitfeild are to be p''sident, & 
any foure of yo" shall be a Quorum, yo" are upon your arivall 
there to make y" Inhabitants in Generall acquainted w'.** 
this my Comission, & if there shall happen to be any 
difference betweene any of them w'^!' may be of a nature 
aboue y*" ordinary cognizance of y'' Schout & Comissaryes 
yo" are hereby impowred to heare & determyn y^ same, or 



["x] Collateral and Illustrative Documents 263 



what euer else of the like nature shall occurre besides what O. W. L. 

2: 535 
pticulerly is given yo" in charge in yo*^ instructions And as (NYSL) 

yo" shall see cause yo" may call before yo" any pson or psons 

& for y'' clearing of y'' truth administer an Oath unto them sept. 11 

(y* w'^.'' yo" are hereby impowred to giue) & whatsoeuer yo"? 

or so many of yo" as shall make a Quoru shall lawfully Acte 

or doe in y" prosecution of this my speciall Comission this 

shall be to yo" & euery of yo" a sufficient warrant Given 

und^ my hand & seale at ffort James in New Yorke this ii'?" 

day of September in y"" 21'!' yeare of his Ma"?'' Raigne Annocp 

DiTi 1669. [Francis Lovelace.] 



[Proceedings of the Special Court of Commissioners for ^Pi'J^Lf' 
regulating Affairs at Esopus, etc.] 22:99 

^sopus. Sept. I7'^ 1669. 

At a Speciall Court held there by vertue of a Commission 1669 

Scot I7~2Q 

from his Hon'' the Governour to Regulate the Affayres of that 
place and the Villages adjacent. 

All the Coin°^" 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 Com''^ then adjourn'd till y^ next day at eight of y"^ 
Clock in y® fForenoone, and went to view the Villages, and 
nam'd the further Village Marbeton [sic] according to his 
Hon"^^ directions. 

Three places of Rendevouz were appointed for Safegard 
of the Villages, viz' the first in y^ 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 fx] 



C0I.MSS. Septem: 18^'^ 

(NYSL) r 

22:99 

Present all y^ Com'■^ 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 y*' Gen"' 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 promisd 
(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 inform'd M"^ Nicolls hath Order 
to draw it up. 

The Com" then drew up this Order w'^*' was immediately 
publishd, and after affixd to the Doore of the Towne House, 
as followeth. 

Whereas the Com" appointed by his Hono'' y^ Governo'' to 
regulate & settle y^ afFayres of Sopus and y'^ Villages adjacent, 
have heard of severall p''tences or Titles to y® Washmakers 
Land; and the Villages adjacent made by severall persons, 
and the Lands p''tended 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 p''tences to the places aforemen- 
coned, 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 
& p''tences as may be most satisfactory to the said severall 



[x] Collateral and Illustrative Documents 265 



Pretenders. Given under my hand at Sopez this iS*"" of Col. MSS. 

^ ^ (NYSL) 

oeptember — 22:99 

Ralph Whitfeld ' Pres^ 

Resolved then that y^ Watch at y'' Redoubt should be ' ^ 
maintaind by y"" Towne of Sopez only; The Villages haveing 
enough to doe to defend themselves. 



Septem : 20"' — 

A Speciall Ord"^ from his Hon"' Dated Septemb"" y" last, 
and directed to y'^ Scout and Commissaryes there was read; 
And the Towne was fFyned ffifty Skepple of Wheate, for not 
performing one Particular there; vizt 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 Ord"" to p''vent the making of 
y® Indyans drunk, for the first Offence five pound to be paid 
by y^ Offender, for the second ten pound, for the third 
Banishm'. 

A Peticon was then deliverd by Cornells 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* y^ Scout & Coinissaryes should take care 
that two Men should constantly watch at the Redoubt. 

A List of y*^ Men able to beare Armes at Sopez was then 
brought in, with y^ number of the ffamilyes there, but noe 
Acco' then given of the two Villages. 

The Court examining all y^ Patents, w"^** were then brought 
in (excepting only M"^ Stuyvesants, Peter Schijler & Thomas 

' So written in the mannscript and not autographic. 



266 Province of New York ["x] 



^(NY^Lf' ^^") ^"^ finde in them nothing nam'd concerning the 2"^ 
22:99 Styck or peece, either by Dutch Patent or EngHsh. 

Complaint was made by an Indyan that Tijerk Claes had 
Sept. 17-29 employd & not paid him; the Court made him make satis- 
faction, and ffyned Tork Claes. 



Septem: 21-'' — 

Capt Chambers produc'd severall Patents for Land and 
House-Lotts 

The first for — 38 Morg" & — 451 rod 
The second for — 5 Morg: & — 230. 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 6"" Patent 4. Morgan and a halfe. 

The Buslnes between Cornells Barnsen Slecht & Hen- 
dricks Children was orderd to be determined on y'- 22"^ 
Instant. 

Orderd that the Excise should be offerd to fFarme on y® 
22*'' instant at 4 of the Clock in y" Afternoon. 

Then orderd that Robt 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. 



["x] Collateral and Illustrative Documents 267 



Matthias Blanchan appeard in y^ Afternoon to make good *',*^Y^Lf' 
his Peticon against Tierck Claus de Wijt; upon a full heare- 22:99 
ing his Banishment was repeald, and his flFyne of six hundred ^^^^ 
Guilders reduc'd to two, w'^'' was to be paid to the Scout. Sept. 17-29 



Septem: 22"^ — 

The Instructions being then read over againe every Par- 
ticular was debated; and y'' Resolution of them will appeare 
in the Answer to y*^ Instructions at large. 

Blanchan complaind against a Sould''; It was referrd to 
Capt Manning, M'' Beakman, & M' Berrisford to heare, 
determine, & then Report. 

The Scout & Comissaryes desyred Time to consider of 
the Watch at y^ Redoubt, and to Answer the Instructions 
formerly directed to them from his Honour, and were to 
bring in their Answer on Thursday. 



th 



Septem: 23' 

M*" Pawling was Voted to be y" Officer to whom y'' Indyans 
should repaire for Redress of Injuryes in Kingston, Hurley, 
& Marbleton, and that hee take Care, noe Stranger Indyans 
come among them. 

M'' 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 M"' Chambers have an Acco' from y^ 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 \"i] 



Col. MSS. The Towne to be ffined if the Morass be not drayned by y^ 
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 Hon'^'^ 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 Cofnissaryes & 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 & Coiriissaryes 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. 

M"^ Pawling peticoned the Commission''^ to discharge him 
under their hands from certaine Injunctions his Hon"^ formerly 
laid upon him; They answered They would make his Hono"" 
acquainted with it. 

These Orders following were then drawn 
up and afterwards publishd, and affixt 
to the Doore of the Towne-House. 

An Ord"^ that noe Wheat or other 
Graine be Transported or mingled 
with other, without the Corne be 
very well cleansed. 

Whereas y'' Com*^^ appointed by his Hon"^ the Governour 
to Regulate & settle y'^ Affaires of Kingston & the Villages 
adjacent have had certaine Informacon that all sorts of 
Graine growing here, and being the proper product of Kings- 



ff] Collateral and Illustrative Documents 269 



ton & the Villages adjacent have not been well cleansed, & Col. MSS. 
soe become less merchentable to the great disrepute & pre- 22:99 
judice of the place; To pWent w'^'' Inconvenience for the j^^^ 
future; They have thought fitt to Order, and doe hereby Sept. 17-29 
strictly Order & enjoyne that noe person doe utter or sell 
any Graine vv^hatsoever 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 y'' Scout & Commis'^^'^'' 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: 23^^ Septem: 1669. 



An Ord'' for y'' Draining y^ Swampish 
or Morasse Ground adjoyning to 
the Towne of Kingston. 



'&'^ 



Whereas his Hon'' y^ Governo'' 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 Cofnissioned severall ^sons to Regulate & settle 
y"- 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 
Coiiiissaryes, & findeing one Article belonging to the Pub- 



270 Province of New York Re] 



Col. MSS. lique Good as yett unperform'd, viz', the Draining the 

22:99 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 & Cofnissaryes (in regard 
it w^ould very much conduce to the heahh of the place, & 
the Improvem* of soe much ground which is rendred at 
p''sent 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 Ma'^, 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 23"^ of Septem: 
1669. 

An Ord"^ for y^ Repayre of the 
Domine's House or Towne- 
House in Kingston. 

Whereas the Com""'''' appointed by his Hon*^ the Gover- 
nour to Regulate & settle y" 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 w"^*^ 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 & Cofnis- 
saryes of this Towne are hereby strictly enjoyned to repaire 
y" 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 pubhque Charge; And which they are hereby empowered 



[x"] Collateral and Illustrative Documents 271 

to demand and Levy in this Towne of Kingston, And that ""P^^Lf' 
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 ^^g 
Obeyd. Given &c: this 23'^ of SeptemM 1669. Sept. 17-29 



An Ord'' to p'vent Drunkenness 
among the Indyans. 

Whereas the Com""^ appointed by his Hon*^ the Governour 
to Regulate and settle the Affaires of Kingston & y"^ 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 Tovpne; 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 23*^ of Septem: 1669. 

The like Order as drawn up for Hurley & Marbleton, 
Mutatis mutandis. 



272 Province of New York ["f] 



Col^MSS. Septem:24'.''- 

22:99 

An Order for the laying out & 

?*^69 keeping passable the High-Wayes 

& Cofnon Roads in Kingston, 
Hurley & Marbleton. 

Whereas the Com""^ now appointed by his Hono' the 
Governo'' to Regulate & settle y= Affaires of Kingston, 
Hurley, & Marbleton are obliged by a particular Article in 
their Instructions to take care that y'' 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 y*^ Scout 
& Comissaryes 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 Cofnissaryes shall neglect their Duty 
herein of supervising or ffineing Offend" 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 abovemenconed Townes or 
Villages, shall have & hereby hath power to ffyne the Scout 
& Comissaryes 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; w'^'' power as Surveyo' 
Generall hee is to exercise within twenty one dayes after 
the Date of this Order in Kingston; And whereas M"^ 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 



Px] Collateral and Illustrative Documents 273 



mending & repaireing of the High-wayes in those two last Col. MSS. 
menconed 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 Ma''^, 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 y'^ said Sur- 
veyour Generall of the Highwayes shall have power to ffine 
him 20 Skepple of Wheat to his Ma''", 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 Ord"^ 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 publiq5 preju- 
dice; It is thought fitt by y* CommissT^ now authorized by 
his Hono'' the Governour to Regulate & settle The affayres 
of that Towne & y*" 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 y'' Tenor of this Order, That then such Lott or pro- 
portion shall immediately become forfeit to his Ma"", and 
to be dispos'd of as his Hono'' y'^ Governour shall think fitt, 
and withall to pay Twenty pound as a ffine to his Ma*^, w'^'' 
y" chiefe Magistrate of this Towne is empowered to Clavme 
[18] 



274 Province of New York Px'] 



^°'-^^^- & Levy to the use abovesaid. Given &c: Sept: 24'^ 
22:99 1669. 

There appeared some Indyans though none of y'^ Sachems 

Sept. 17-29 that sett their hands to the Sale of y'^ Land to Cott Nicolls; 

two of the Sachems to that Sale & one of y" Witnesses are 

dead. It is left to M"" Pawling to Summon them, and to 

endeavour y'^ performance of that Article. 

It was orderd y.^ y'^ 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 y"" Souldiers to oblige them to make him satisfaction. 

Katherine y'" 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 M"" Beakmans hands. 



Septem^"" 25*'' — 

Blanchans Ord'' was then drawn up & directed to M* 
Berrisford. 

Barens Slecht's Ord"" 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 M"" Berisford chiefe 
Magistrate of Hurley & Marbleton. 

Instructions were drawn up for M"^ Pawling Officer over 
the Indyans. 

The Ord' for the Redoubt — 

Whereas y" Com"'''^^ now empowered by his Hon'' y® 
Governo"' to Regulate y" AfFayres of Esopus now called 



Fx] Collateral and Illustrative Documents 275 

Kingston & the Villages adjacent have taken into consider- ^/"iJ^L^" 
ation the Keeping of a Constant Watch at the Redoubt at 22:99 
the Charge of the parrish of Kingston, obligeing them to ^^, 
finde two Men to remaine constantly there upon this Duty; Sept. 17-29 
They have thought fitt to Order, and doe hereby Order y' 
y'' Scout & Comissa"^'' of Kingston doe take constant care 
for the Reliefe of that Watch : and w^hereas 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 25"" of Septem: 
1669. 

On this day (viz' 25"") the Towne formerly calld Sopez 
was named Kingston. 

Septem: 27"'. — 

Complaint was made by Peiter Vlesen about a House now 
in y^ possession of Sam: Olliver &c: It was Orderd upon y" 
hearing of that Complaint that the Scout should deliver 
possession tliereof to the said Vlesen &c: 

An Order was then drawn up for Tijerk Claesen to make 
satisfaction to y'' 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 y^ Tapp''.^ Excise in 
Hurley, it is hereby Orderd that M"^ 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 ["t] 



^(NYSL?' ^^^'y regard upon refusall of paym' to Seize or distreyne as 

22:99 is usd at Kingston; And is hereby obligd every yeare to give 

an Acco' thereof to his Hono'' the Governour. 
1069 

Sept. 17-29 Directed to M"" Berrisford. 
The Like for Marbleton. 

These 3 Lotts following are vacant by y*" death of y^ psons 
to whom they were promisd, and are to be disposd of as 
his Hon"^ y® Governour shall appoint. — viz'. 

Constaples. Jan Joosts. David Crawfords. 

I. 2. 3. 

An Ord*" was drawn up for Albert Heymensen's erecting 
of a Brew-House & setting up of Tan-fFatts; referrd to M'' 
Beresford to consider of the place. 

] Lewis de Boys 
Overseers for Hurley > 



Overseers for Marbleton 



Albert Heymens 
John Biggs 
Fredrick Hussey. 



Ankrup an Indyan peticond against Capt Chambers 
p'^tending hee was not paid for certaine Lotts of Lands. 
It was referrd to y" next Morning. — 



Septemr 28"' — 

Ankrup the Indyan appearing, Capt Chambers produc'd 
the Bill of Sale, & y" Indyan then ownd his marke, & full 



[^x] Collateral and Illustrative Documents 277 
ft 

satisfaction for the Land; the Com"" then caused that Col. MSS. 

22:99 

Acknowledgm' to be Endorsd on the Bill of Sale; And they (KYSL) 

took care that unjust Complaints from y" Indyans in that 

nature should be punished. Sept. 17-29 



Septem: 2g^^ — 

An Ord'' for the Officer to measure Corne 
was then made as foUoweth — viz' 

Whereas 'twas thought necessary by y*" Com""^ &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 y^ End that none 
but what is merchantable may be utterd or sold; It is 
hereby orderd that y* Scout & Cofnissa''^''^ of Kingston shall 
Elect & choose a person whom they shall judge Most fitt for 
y"^ 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 y" said Officer, when any such Corne or Graine shall be 
brought to be viewd or measur'd, by the Owner or bringer 
of y*" same to the said Officer; Who is hereby commanded to 
suffer noe Transportacons 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 \^i] 



Col. MSS. [Report of the Commissioners to Governor Lovelace.] 



(NYSL) 
Sep'tember ^^^ Hono" Instructions annexed 



The Answer of y° Com"'"'^ to 
his Hono" Instructions annexed 
to the Commission, as foUoweth. 



1. On Thursday y" 16*'' of this Instant the Cofn''^ arrived 
at Kingston. In the Evening meetting w"' Capt Chambers 
& M"' Beakman joynd hkewise in Commission with them, 
'twas privatly read. The next Morning being y'' 17''' 
Instant a Court being calld y^ Commission was pubhquely 
read, all y'' Cofn"''''^ 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 Hono'^ y^ 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 selling y^ 2 new Townes, and endeavouring to render 
them as flourishing as y® 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 Sewakanomre two of those 
Sachems that sould the Land to y'' late Governou"' NiccoUs, 
who ownd their marks with y" 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 y'' Successo" of those deceased to M"' Pawling, to 
whom it is referred to give full answer to y'' rest of this 
Article. 

2. This they were acquainted with, & they are willing 



\^i] Collateral and Illustrative Documents 279 

to turne the Sword into a Plow sheare, Only in regard their Col- MSS. 

-' . ° 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, 
w"^ y« 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 y'' 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 y'' Scout & Comissaryes 
are these, ffirst to renew the Palllzadoes, & place them at y*" 
extremity of the Towne where y'^ addition is to be made, & 
to open the Towne in the middle. 

To this y" Scout & Cofnissaryes 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 y" place of Buriall was to be impald, this hath 
been altogether omitted, & the Towne fyn'd for it 50 Skepples 
of Wheat. 

ffor the Impaleing a place for a Towne House there, they 
conceive it a mistake, they have a Towne House already, 
standing conveniently within y'^ 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 ffence, when any come to live on the other 
side they are ready to obey that Command. 



28o Province of New York ["x"! 



Col. MSS. r_ 6 They have viewd both Lands but noe Patents were 

22 : 99 -^ ■' 

(NYSL) producd though enquird after. 

7. A Patent was granted to Capt Chambers for Cott 

loop . or 

September NicoUs 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. 

g. An Order is publishd to redress it. 

10. The Excise was offered to ffarme, but noe person 
comeing neer the valine it is continued as before; ffor the 
last yeares Income, they have y" Scouts Acco^ 

11. An Order is publisht concerning it. 

12. M"'^ Broadhead hath lOO Acres allotted her. 

13. They have chosen M"' 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 M"" Beresford till y'' Hono''' 
further directions are as followeth. 

Whereas you are chosen by y" rest of the Commission" 
Chiefe Magrate over Hurley & Marbleton, You are to observe 
these Instructions following; If any Order or Command 
shall be directed to you from his Hono'' y"" 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 y" Overseers in each Towne, whom you have 
power to Command in any thing that concernes the Execu- 
tion of yo'' Office. If any difference ariseth between y*" 
Inhabitants, you are to give them a speedy Decision, not 
regarding partyes but y" merritt of y^ Cause, And you are 
likewise to take the same Care that the Overseers doe their 
Duty, in whatsoever they are cofnanded in relation to their 



Re] Collateral and Illustrative Documents 281 



places. You are to Governe by English Lawes which will Col- MSS. 

22 ! 00 

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 comitted to your September 
Charge may well agree among themselves, and both w"' 
Kingston; And that you take away all Obstructions from that 
Trade or Correspondency You have with y^ Indyans, & 
give his Hon"' the Governour an Accompt of whatsoever you 
judge considerable by the first Opportunity. 

14. An Order is publishd, & y" Officers nam'd. 

15. Three Places of Rendevouz are appointed, y^ first in 
the middle of Marbleton, y'= second at Halfe=way Ground, 
the third at Hurley. 

16. An Order is publishd for it. 

17. An Order is publishd for it. 

18. 19. 20. 21. M"" Henry Pawlling is made the Officer 
over the Indyans, and those foure particulars fal! under his 
care. 

His Instructions are as foUoweth. — 
Whereas you are chosen an Officer over the Indyans, you 
are strictly to observe the above written particulars, and not 
to make your own Interpretacons, but to follow precisely 
the Letter of those Articles; And you are not hereby anywayes 
empowered to prevent or hinder y"' 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 yo"" 
assistance & the keeping of y*" publiq5 peace; And you are 
hkewise to performe the remaining part of the first Article 
in the Generall Instructions, and send an Acco* thereof to 



282 Province of New York [^i] 



Col. MSS. his Hono"" y" 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 yo"' Hono'' would be 
pleasd to accept of their Endeavo"^? 

Signed'— Ralph Whitfeld pr' 
John Manning 
Thorn: Chambers 
W"' Beckman 
Christoph: Beresford 
Henry Pawling. 



C- A. Yhe Governor' Lre to Esopus. 

2:476 ^ r 

(NYSL) Gent. 

1669/70 I make use of y" first oppertunity aft^ y" opening of y" 
Ryver to recomend to yo"^ care y'^ Ord" & Instructions 
already giuen yo" by my selfe or left w"? yo" by y" Com""? 
I sent as to y'' goeing forward w"? y*^ New Dorpe or oth^ 
matt'^.^ relating to yo" in Gen*^'.' Intending to visitt yo" in a 
short tyme, & to bringe a Surveyor w"' me to lay out yo'' 
Lands before y'^ 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'.'' yo" may confi- 
dently promise yoV selues, So wishing yo" good successe I 
remaine 

Yo^ Very Loving freind 

Fran Louelace 
Fort James in New Yorke 
this 11"? day of March 1669. 



Mar. II 



> These names are so written by the secretarial hand. 



["x] 



Collateral and Illustrative Documents 



283 



I Expect to heare from yo ' by y*" next, how affaires stand C- A. 
w"? yo" in Relacon to y= Indians about y" Peace (NYSL) 



To M": W-^ Beeckman 
M'' Xpofer Berisford & 
M' Henry Pawling 



In Kingston 
At Esopus 



1669/70 
Mar. II 



A Comission to Capt" Dudley Lovelace C. A. 
& at for y* surveying & laying out seuerall (NYSL) 
Lotts of Land at y"^ Esopus &c 

Francis Lovelace Esq^ &c Whereas y^ bounds & Lvmitts 1669/70 

. ,. Mar. 17 

of y'' 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 

y^ perticuler new Lotts & some of y® p''tenders to y^ old 

Lotts laying clayme to greater quantityes of Land then is 

graunted to them in their Patents or Ground breifs y® w'^^ 

requires an inspection thereinto & a due Regulation thereof. 

To y^ end theise seuerall matters may be y® better concluded, 

I haue thought fitt to nominate constitute & appoint & by 

this my special! Comission doe nominate constitute & appoint 

you Capt" Dudley Lovelace, Capt" Jaques Cortileau M"! 

William Beeckman, M"^ Christopher Berisford & M^ Henry 

Pawling to be ComT^ to inspect y® surveying & laying out 

y® seuerall Lotts in y'' Esopus & to ascertaine y® bounds & 

lymitts of y'^ respectiue Townes as also to regulate affayres 

there according to such instructions as I shall herew''^ giue 

yo4, of w'^'' said ComF^ yo"? Capt° Dudley Lovelace are to 

be p''sident, & any of you to be a Quorum You are upon 

yo'' arivall to acquaint y" Inhabitants of each Towne w?** this 

my Comission y^ w?"" you are to prosecute w''^ all care & 



284 



Province of New York 



n] 



C. A. 
2:481 
(NYSL) 

1669/70 
Mar. 17 



dilligence, And as yo" shall see cause where yo" fynde any 
difficulty in ascertaining y° old or laying out y*" new bounds, 
yo" may call before yo" any person or persons to receiue 
information from them touching y'' same, & for y^ clearing 
of y^ truth administer an Oath unto them or any of them 
(y^ w'^'^ oath yo" are hereby empowred to giue) And what- 
soeuer yo" or so many of yo" as shall make a Qiionun, 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"" y" Scale of y"^ Province 
at ffort James in New Yorke this 17'*^ day of March in y^ 
22*'' yeare of his Ma*'" Raigne Annoq5 Domini 1669. 

[Francis Lovelace.] 



Col. MSS. 
22:99 
(NYSL) 



1669/70 

Mar. 24 



Instructions for Captain Dudley Love- 
lace, M'' Jaques Curtilleau & the 
rest of y" Cofii"*'''^ 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 Com'"''' 
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 y"^ exact Bounds of Kingston is laid out, 
that there is to begin y'^ Boundaryes of Hurley, and where 
that terminates, Marbleton is to begin, & soe y" Lymitts of 
that to be sett out as farr as that extends towards the Indyans, 
w""*" beare as I suppose. South. — 



m 



Collateral and Illustrative Documents 



285 



i66g/70 
Max. 24 



2. That noe persons have noe more Land laid out but C°'- '^S^ 

. .... . . 22 : 99 

what is comprized in their Patents, and the Souldiers their (NYSL) 
Proportion. 

4. For the Washmakers Land I shall referr you to y^ 
particular Instructions of his Royall Highnes wherein you 
are to use M*^ Styvesant w"" all the fFavour, soe that it preju- 
dice not y" Townes. 

5. That M"^"" Broadhead be accomodated at Marbleton 
and have the first choice of her Lott. 

6. That y^ Land that belongs to M'' Varlett be Surveyd, 
& noe more allowed but what is comprisd in his Pattent. 

7. The like for Thomas Hall, who under the p'^tence 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 y* Cale Berge which I 
purpose to improove for a ffeeding ground, which I would 
have you to survey, & give mee an Acco* of it, it is called 
the Butter ffield. — M"^ Pawling will direct you. 

9. That such strict Rules be left to y"^ 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 y'^ Instructions sent to the Com- 
missioners for the regulateing the Affaires the last yeare, & 
to give mee an Acco' where the non performance lyes. 

11. 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, w'^'' 
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 



["x"] 



Col. MSS. to advantage of y® Publiq3 though not expressed in these 



22 : 99 



(NYSL) particular Instructions according to your prudence & Con- 
, science; Nevertheless soe that it be not obligatory, till it 

Mar. 24 receive my approbation and Confirmation. 

13. Lastly that haveing done yo"" 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 24**^ of March. 
1669. Francis Lovelace 



Col. MSS. To^ne Hall at 

22 : 99 

(NYSL) Kingston in 



1670 
Mar. 30 

to 
Apr. 11 



Esop 



us 



There being present 



At a Speciall Court held there by 
vertue of a Commission from his 
Honour y^ Governour for Setting 
out the Boundaryes of Kingston, 
Hurley & Marbleton; & for 
Regulateing the affaires of these 
places and y'' parts adjacent — 
Die Mercurij viz' 30™° die Martij 
Anno Regni Caroli 2'^' Dei gra 
Angliae, Scoriae Franciae, et Hib- 
niae. Regis. Fidei Defensoris &c: 
xxij''" Annoq5 Dm 1670. — 

Capt Dudley Lovelace Presid' 
Capt Thom: Chambers 
Capt Jaques Curtelliau 
M'' William Beakman 
M"" Christoph: Berrisford 
M'' Henry Pawling — 



\^i] Collateral and Illustrative Documents 287 



It is this day Ordered that y^ Lands of Thom: Hall & Col. MSS, 

•^ ■' 22 : gg 



Nicholas Valett cont about 44 Acres — 150 Rodd lyeing (NYSL) 
upon the first great piece of Land next Hurley is Elapsd & 
forfeited; by reason y*' Patent for it was not renewd according Mar. 30 
to the Law in that behalfe provided. And that M"" Jaques Apr. 11 
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 y^ Inhabitants 
of Hurley. — 

Wee the Inhabit''' of y'' Towne of Hurley in the Esopus 
whose Names are underwritten, doe remitt & Sett over unto 
his Hon"" Colt 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 y'^ Setting out y*^ Boundaryes and 
Lymitts of y'^ 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 ["x°] 



Col. MSS. Acres 

22: 99 
(NYSL Signed — Thomas Delavall [blank] 



1670 



Lambert Heybertsen 12 

Mar. 30 RoelefF Swartwout 4 

Apr. II Lewijs de Boijs 4 

John Joesten 8 

Cornehs Winecoop 10 

Matthias Blanchan 4 

Copia vera Garrett Fokar 6 

Jo Clarke Cler: Cur: Albert Heymens 8 



Vpon the humble Request of M'' 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 Coin'''' 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. 



["x] Collateral and Illustrative Documents 289 



Register. Col. MSS. 

=> 22 : 99 

(NYSL) 
Of all the Lands granted by y'' Authority 

of his R: H. lyeing within the Precincts of „'^7o 

-' ° Mar. 30 

KINGSTON. , to 

Acres. Rod ""P"' " 

RoulofF Swartwout 4 ^ 560 

Evert Pells 180 = ... 

Widdow Jacob Hop 85 = 122 

Wallrave de Mount 8 == 

Edward Whittacre 5^ = 

j Edward Whittacre 1 

I Thomas Matthews ) 

Hendrick Joakims 32 = 

Jacob Hopp 72 = 

Heere Petrus Steyvesant 92 = 

M'' Jeronomyas Ebbings 1000 = 

Capt Thomas Chambers 10 = 390 

More in y^ same Patent 34 = ^^ 

Capt Thom: Chambers 6 = 180 

Capt Thom: Chambers 9 = 

Capt Tho: Chambers 10 = 230 

Capt Tho: Chambers 74= 45 ' 

Capt Tho: Chambers 5^ = 3° 

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 

CorneHus Winecoop more 48 = 580 

[19] 



290 



Province of New York Px°] 



Col. MSS. Acres. Rod 

22 : 99 

(NYSL) Thomas Hall 10 = 500 



1670 



j Arian Hybertsen 25 ^ 450 

Mai-' 30 I Arian Hybertsen more '7= 4°° 

Apr. II Capt Delavall by Transport from Gosen 

Garetson 18 ^ 250 

Capt Delavall more from y'^ same Man ... 48 ^ 460 

Philip Pieters Schijleen ' 16 ^ 250 

More the same Man 5° = 44° 

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 Presid' employ'* the Surveyo% & all other persons 
concerned to measure the first Great piece of Land next 
Hurley containing by Estimation 300 = 000: 



Primo Aprilis. 

They also surveyd y*" 2"^ piece, cont 420 = 000: 

The Surveyour alsfo] makes Report ) „ 

, «7 1 1 T J • r 148 = 000: 

that the Wash-makers Land contames . . j 

' Schuyler. 



["x] Collateral and Illustrative Documents 291 



Easter Eve — Col. MSS. 

22 : 99 
(NYSL) 
Whereas John Joesten of Marbleton Husbandman hath 

putt in his Clayme or Pretence to two parcells of Land con- jiar % 

taining fourty foure Acres & 150 Rod, by vertue of a Bill of '° 

Sale formerly granted to him from Thom: Hall and Nicholas 

Valett deceased, whose Patent could not be produc'd by 

reason 'twas then (as hee alledged) in y'^ Office of Records 

at New Yorke; The Com"'"^ have therefore upon serious 

& mature deliberation thought fitt to lay out the quantity 

of Land aforesaid upon the second great piece adjoyning to 

y*" Bounds of Hurley; And y' M"^ Jaques Curteleau doe make 

Report thereof to his Hono'' the Governour, that upon sight 

of his Patent, hee may possess & Enjoy the said parcells of 

Land accordingly. 

Orderd y*^ y'' Bounds between Kingston & Hurley East- 
ward doe beginne at y" ffoot of the Hills upon y'' Easterly 
side of Premakers Land, & then running from the Hills 
along the great Creek to the East end of the Washmakers 
Land directly to y"^ Woods, & then with a North West Line 
thorow the Woods to a certaine Creek commonly calld & 
known by y'' name of the Redoubt Creek or Kill. 

Orderd y' y"" Bounds between Hurley and Marbleton do 
begin at the flfoott 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 y* 
place of Rendevouz, cleare thorow y** Woods to the Redoubt 
Creek or Kill as in the other Boundary. 

In persuance of an Order made y" 30'*" of March last 
past, Capt Jaques Corteleau doth report to the Com"^"^ 
that hee hath surveyed not only all y" Lands given by 
Patent, but also those promised to y" Souldiery; And 
findeing y"" quantity thereof to fall short of expectation. 



292 Province of New York ["x] 



Col. MSS. To the end therefore that v* Townes of Hurley & Mar- 

(RYSL) bleton may be supplyed with good & valluable Land to 

give each Man content as near as may be; The Corii'^' 
1670 '^ • ■ /-\ 

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 Thom: Chambers & 
seconded by M"" Henry Pawling; It is this day orderd that 
the Washmakers Land be divided into two equall parts. 
The one moiety to be recommended to his Hon'', to be Granted 
to Mr Petrus Styvesant in persuance of his R H^ his Direc- 
tions; & fourty Acres of the other Moiety to Capt" 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 y*' Presid' gave Ord"^ to y'^ Min*" or ffore-Leser 
to pray publiquely the day following (being Easter day) and 
soe from time to time hereafter for the K'^, Queen his R. H^ 
y"" D: Yorke, & all y" Roy" {family, w'''' was obeyd 
accordingly. 

Munday. April: 4"^; 

The Com"''^ fell into debate about settling y* Militia, 
but findeing noe Commission Officers already establisht 
Thought good in obedience to his R: H' Lawes; & the 
Governo'^'' Instructions, to Nominate M' Henry Pawling 



["x"] Collateral and Illustrative Documents 293 



Capt, M'' Christopher Beresford Lievten', John Biggs Col. MSS. 

Ensigne to be Officers for the time being, and to raise (NYSL) 

and exercise, the Inhabitants of Hurley & Marbleton 

1670 
according to the Discipline of warr; Whereupon Procla- Mar. 30 

macon was made by Beat of Drum according to the War- Apr. n 
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 publiqjly 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 y° Officers & Souldiers appointed to be 
present at the Rendevouz at Marbleton, To morrow y^ 5"' of 
Aprill 1670. — as foUoweth. viz' 



Officers 

{Hen: Pawling Capt" 
Christo: Berisford. .Lievten' 
John Biggs -|- Ensigne 

j Sam : Olliver + Serg' 

(. Albert Heymensen . . Serg' 
Rich"^ Cage-t- Drumm^ 



Henry Crump 
Fredr: Pieterson 
Cornel: ffinehold 
Gisbert Crump 
Garret Johnson 



294 


Province of New York [x] 


Col. MSS. 


Marbleton Souldiers 


Hurley Souldiers — 


32 : 99 

(NYSL) 


Thomas Ouynell -| 




Paulus Paulenson 


1670 


Wiftm: Fisher + 




Jacob Johnson 


Mar. 30 


John Hendrick + 




Lewys De Boijs 


to 
Apr. II 


Geor: Porter + 




Araon Tunijs 




Fredr: Hussey + 




Antho: Crippell 




Joh: Pound 




Lambert Hyberts 




Edw: Whittacre 




Warden!" Hornbeck 




Thorn: Matthews 




Garrett Fokar 




George Hall 




Garrett Corneliuson 




Antho: Cooke 




{Francois Le Shiere 




Antho: Addyson + 




John Albertsen 




Evert Price + 




Arian Albertsen 




Thorn: Elgar 




Jacob Carle 




Edwar: fFrench 




Robert Goldsberry 




W™ : Horton + 




John Dihoth 




Robt: Bickerstaffe 




Arian ffrancon 




RoBt: Peacock + 




AUard Rose 




John Reynolds + 




Arian Rose 




John Joesten 




John Rose 




Joesten 




Pieter the Negroe 




Jacob de Wael. 




Matthias Blanchan. 






In all 


— 54- 



Tuesday Aprill 5"' 1670. 

This day Capt Pawlings (Foot 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 fHying 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. 



['x"] Collateral and Illustrative Documents 295 



Wednesday Apr: 6'^ Col. Mss. 

22 : 99 

(NYSL) 
The Com'"'^ this day took care for the publishing of the 

Orders for the Boundaryes of all the Three Townes Mar.^30 

Kingston, Hurley & Marbleton, causing the same to be ffixt ^ '° 

upon the Towne Hall of Kingston to publiq? 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 y'^ Com"" thought fitt upon y^ Debate of 
M" Broadheads Land to order that shee according to his 
Hono"'^ 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 M*" Pawling & M' 
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 impartial! 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 y*" 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 y^ President to open, & publiqply 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, w'^'' was 
forthwith Orderd them by y^ Commissioners. N°: 4. 



296 Province of New York ["f ] 



Col. MSS. Xhe like Order for — Porter 
22:99 
(HYSL) Hussey yN" 10. 

Addvson 
1670 •' 

Mar. 30 

'o The like Order for — Horton 



Apr. II 



Elgar V N°. 5 
Olliver ) 

The like Ord' for — Peacock ~j 

Price - N°. 6 

Reynolds ) 

The like Ord"^ for — Biggs "j 

Clinton |- N°. 9 
ffisher ) 

The Court adjourns till 2 of Clock in y'^ Afternoon. 

A Paper Delivered in to y^ President by 

tending to Sedition & Mutiny; which was torne as a scanda- 
lous Libell repugnant to the Lawes of this Governm*, and the 
Authority thereof. 

The Com''^ proceeded to draw y" rest of the Lotts (14) 
for divideing y" 2*^ 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, W"" ffisher, & Clinton 
Maund should have 20 Acres a piece on the 3^^ Styck.N? 15. 16. 

The like Ord' for Jo: Hendrick, Cage & Quynell.N° 19. 20- 

The like Ord' for Elgar, Olliver, Horton N"? II. 12. 

The like Ord"^ for Hussey, Addyson, Porter . . . .N° 17. 18. 

The like Ord"^ for Peacock, Price, Reynolds N" 13. 14. 

This day upon y^ humble Request of Robt Bickerstaffe, 
setting forth severall Reasons thereunto moveing him, to 
yield up his Right, Title & Interest of all the Land allotted 



[^°] Collateral and Illustrative Documents 297 



him within the precincts of Marbleton, The Court doth Col. MSS. 

22 I 00 

Order that Clinton Maund haveing formerly had a Promise (NYSL) 

from his Honour the Governour be Inserted in the Roome 

1670 
of Robert BickerstafFe aforesaid, and receive, possess & Mar. 30 

Enjoy the same parcell or parcells of Land if his Hono'' 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 Wffi that Wittm [sic] 
ffisher be Inserted in the Roome of y'^ 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 y" Land upon y'^ 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 Hono"^ be supplicated in their Name to settle y" 
same by Patent to them & either of them, their Heyres & 
Assignes forever: And that his Hono'' 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?*" 

This day M' Christopher Beresford was sworne chief 
Magistrate of Hurley & Marbleton. 



298 Province of New York ["x"] 



Col. MSS. Also M'' John Biggs was then sworne Overseer of 
(NYSL) Marbleton. 

Ordered that M'' Christopher Beresford chiefe Magrate, 
Mar. 30 John Biggs, Fredrick Hussey, Lewijs de Boys, & Albert 
Apr II Heymens Overseers for the Townes of Marbleton & Hurley 
or any three of them are hereby Empowered & Enjoyned to 
settle a due way of (fences (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 y'^ Comon 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 Occupyo''^doe 
not make or repaire y" Common (Fences proportionably to the 
quantity of land allotted them, before the first of May next, 
& to measure the said ffence within six days after the Date 
hereof. That then upon report of y*^ Viewer or Viewers soe 
chosen, the s*^ View*^ or View*^ 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 (Fences 
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 jriven him. 



[^°] Collateral and Illustrative Documents 299 



Whereas severall parcells of Land are broken up & manurd Col. MSS. 
in the Bounds of Hurley & Marbleton, before the Lotts were (NYSL) 



1670 



drawn & the Land apportioned; It is orderd that if any 
persons Lott falls in the place where another person has Mar.' 30 
already plowed or manured as aforesaid, That then the said Apr. n 
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 Inhabit'^ 
of Marbleton setting forth y^ great necessity of erecting a 
Bridge at Marbleton to pass over to the certaine third piece 
of Land called y'^ 3'^ 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'' Gen" of his Ma'''='' 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. 



300 Province of New York [ x°] 



Col. MSS. These Men did then Petition to y" Corn" that (since they 

(NYSL) had thus given up their Land to the Enlargm' of their ffellow 

Souldiers proportions) They might be ffreed from Marbleton, 

Mar. 30 as also that they might have their halfe yeares provision sent 



to 
Apr. II 



them down, with their Discharges from his Hono"^ the 
Governour. The Grant of w'''^ Requests falUng not properly 
under the power of the Corn''* the Presid' thought fitt to 
recommend the same to his Hono'' y'' Governour for a 
Resolve. 

Friday Aprill 8'^ 

Vpon the request of Tijerck Clausen de Wijt (producing 
a Grant from under the Hand of his Hono"^) 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 Commission" 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 P^ent 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 Hono"' y*^ Governo'' 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''^^ Service, the Presid' 
Signed a Warrant to Impresse the same according to Law 
Which was forthwith obeyd accordingly. 



[x"] Collateral and Illustrative Documents 301 



Orderd that Ton Toesten and his Son shall be recommended ^°'- ''^^S. 

J J _ 22 : 99 

to the Governour for 7*= Grant of 2 Lotts of Land lyeing (NYSL) 
upon the 3"^ great Styck — N° 23. 24. 

Report given in touching the Excise at Hurley by M"" Mar. 30 
Berrisford. ^^p^ jj 

Vpon Tappets Excise, (viz' from the first of Jan^'' to 

this day) at 14 Guild" the AnkoT 3 Ankors 42 : 00 

Marbleton 00 : 00 

Report given by M"' Beckman of the Excise at Kingston 
extracted out of his booke. 

Aug: 10. 

1669 Guild^ Sti. 

Inprim^ Given in by Hen: Pawling 5 Ank"^ ] 

Rum, at 14 guild'^^ f^ Anko"' j- 7° = 

Sept: II. By Matthias Blanchan. i Ank"^ Wine . . 14 = 

16: M" An: Broadhead. . . 2 Ank: Rum. . 28 = 

Oct: 25. M"" W™ Beckman 2Ank:Brandy. 28 = 

Nov: 6. M"^ Beckman . . . i Ank: French vs^ine. 8 = 

Nov: II. M'' Mat: Blanchan i Ank: Wine. 14 = 

13. M^ Geor: Hall i Ank: Brandy. 14 = 

22. Rouloff Swartwout. . . . i Ank ^Wine. 21 = 

Ditto. Rouloff Sw^artwout . . . . i Tun Beere. . 8 = 

Decem: 2^ y" s'^ Swartwout I Ank: Wine. 14 == 

Decern: 8. y^ s'^ Swartwood i Ank: Wine. 14 == 

Decem: 11. M'' Matt Blanchan. . 2 Ank: Wine. 28 = 

II. Rouloff Swartwood . . 7 ffattsJBeere. 28 = 

15. The said Swartwood. i Ank: Wine. . 14 == 

23. The said Swartwood . J Ank: Wine. . 7 = 

24. M"" Mat. Blanchan . . i Ank : Wine . 14 = 
31. Rouloff Swartwood.. i Ank:iWine. 21 = 

Jan'? 8. The s"* Swartwood . . i Ank: Wine.. 14^ 
20. Matth: Blanchan... i Ank: Wine.. 14 = 



302 



Province of New York 



m 



Coi. MSS. 
22:99 

(KYSL) 

1670 
Mar. 30 

to 
Apr. II 



"Aug: 10. 

1669 
Jan^>'] 



[Guild" Sti.] 



March 



22. The said Swartwood i Ank:Wine.. 
12. Rowloff Swartwood.. 2 Ank:Wine& 

I Tun Beer 
15. Matt: Blanchan. ... 7 Ank:Wine. . 
5. Rouloff Swartwood . i Ank: Wine. 



14 = 

36 = 
98 = 
14 = 



18. Walravende Mount. 2AnkJBrandy 35 



570 



Guild^ 



Transported from y* other side 570 

21. Ditto. John Poppen . . . i Ank''Brandy. 14 
Ditto. Matth: Blanchan . 7 Ank: Wine . 98 



In Toto 682 



Noe other pubHq^ 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, &c 
M' W" Montania setting forth that his Hono"' the Governour 
hath given them a Grant for the Setting up of a Saw Mill 



Opposite p. 303. 






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uAoay -Ji/. 



jf/ni/6 ^'' 



II. 



cy 









■ cfe//- (Xy/iW 






y t/o'l 



'f 



/c 



^ur/tfJ' &nt^tus '-Vriyo'ff' , {arif (mni^aj^ 



\'oU'ive^^foi(r Jt> cait/n/no trfid affoio /Ac .ureia/^ ■ 
\e^li.cj (r/'/netyi/r'fj^iciJ .aJ Aee hi InJ Ql'rjhr/noJ/>nlf 



i 



V' //'faf///// a/t^ canvejiiej'/ . 




LAST PAGE OF PROCEEDINGS OF THE COURT AT 
ESOPUS (KINGSTON), Wl'FH SIGNA'FLRES, 1f)7(J. 



( Rfiluccil frmii I 2' J In S inclir.s. ) 



[x"] Collateral and Illustrative Documents 303 



for the public^ Benefitt, together humbly requesting also Col. MSS. 
that y° 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 y"^ Peticon of John Osterhout, Jan Burhans, 
& Cornelius Vernoij Husbandmen of y'' Towne of Kingston, 
alledging that his Hono"^ 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 y® 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 11^'' 

Ordered that the severall Peticons, viz^ of Tijerk Claus, 
M"^ Wiltm Montania, John Osterhout, Jan Osterhout, Jan 



304 Province of New York ["f] 



Col. MSS. Burhans, Cornelius Vernoij, Capt Chambers and John 

(NYSL) Teyson be forthwith recommended to his Hono"" the Gov- 

ernour to confirme and allow the severall desires of the 
1670 

Mar. 30 Peticoners, as hee in his Wisdome shall judge most fitt and 

to . ■' ^ 

Apr. II convenient. 

The Orders now Read, Corrected, & Amended, we doe 

Assent vnto vnder o"" Hands, Desiring his Honour to Pardon 

o"' Imperfections & to accept of o"^ Endeauours 

Dudley Louelace. Pres?' 

Thomas Chambers 

[Signed] Will Beekman 

This Euening the Court Christo: Beresford 

was dissolued. — Henry Pawling 

jy/jdm jj^^,. j-j^ere appeared the last day of o*^ 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 NicoUs 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 Hon"^^ Instructions directed 
to y'' Com" 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. 



Px] Collateral and Illustrative Documents 305 



The Governo'* Ordr for y^ non Sale of C. A. 

. 2:581 

y^ Land at Esopus, w""^ was given to (NYSL) 

y? Souldiers there. 

Francis Louelace Esq^ &c Whereas I am given to under- 1670 

Aug. 23 
stand, That some of y": late Souldiers who haue had Lands 

alotted them at y* 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 y1 w^^ y! Land there was Graunted to them p''sumed 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 y*" Sales w^^ already haue beene or shall w^'in 
y*^ 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 p''sume to sell or buy any such Land w^'in y? 
space of Three yeares aforesaid w"^out 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*'^ made in each respectiue Towne at Esopus, 
& this Declaration read by beate of Druirie & afterwards 
affixt in some Eminent place in every Towne that none may 
plead ignorance hereof. Given und' my hand & sealed 
w"' y! Scale of the Province at ffort James in New Yorke 
this 23''' Day of August in y? zz'"" yeare of his Ma"" Raigne 
Anno^ Din 1670. 

r2ol (Francis Lovelace.] 



3o6 



Province of New York 



m 



l-and FLocation of Land Grants at Marbletown.l 

Papers "• 

(Sec. State) 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 patten ts, Novemb"' y^ q'.*" 1670. Begining att the 
north-East of the first piece. 
Inprimis 

I Acers 

M' Christopher Beresford on[e] lott and a halfe . .45/ — 

N°2 

Cap* Henry Pawling, on[e] lott and a halfe. .45,7 — 
3 



Rich: Cage: 
N°4 Tho:Quynell: 
John: Henry: 



Sam: Oliuer. 
N°5 Tho: Elgar. 
Will : Horton 



Robt: Pecock: 
N° 6 Auert: Price. 

John: Reynolds: 



N° 7 :8 : M" Ann : Brodhead : 



Ensigne Biggs: 
N° 9 Will: Fisher. 

Clinton: Maund: 



Vpon the Second piece the 
which is notdiuided as yett. 

Sam: Oliuer "j 

Tho: Elgar In?ii:i2 

Will: Horton) 



Rob': Pecock: ■) 

Auet: Price: V N" 13: 14. 

John: Reynolds j 



Ensigne: Biggs: \ 

Will: Fisher. VN"i5:i6. 

Clinton Maund: ; 



George Porter, "j 

VN° 17: I 



Fred: Hussey 
Antho: Addison j 



7: 18. 



m 



Collateral and Illustrative Documents 



307 



George: Porter. 
N? 10 Fred: Hussey: 

Antho: Addison. 



fred. hussey is to be y* 

first of those lalst [sic^ 

3: N° 10 & soe in y* Rest 



Rich: Cage. 
Tho: Quynell. 
John: Henry: 



N? 19: 20. 



Land 

Papers 

1:36 

(Sec. State) 

1670 
Nov. 9 



Fred: Fetters: N° 21. 



Arte: Martison: N° 22. 



John: Josson 
and his son: 



N° 23 : 24. 



on the first piece. 




Rich: Cage: abutting: 


— N:E: 


Tho: Quynell. — — 


— N:E: 


John: Henry: — — 


— NE: 


Sam: Oliuer. — — 


— NE: 


Tho: Elgar. — — 


— NE: 


Will:Horton. — - 


— NE: 


Robt:Pecock. — — 


— NE: 


Auert Price. — — 


— NE: 


John Reynolds. — - 


- NE: 


M'^ Ann: Broadhead: 


— NE: 


John: Biggs: — — 


— NE: 


Will: Fisher. — — 


— NE: 


Clinton: Maund: — 


— NE: 


Fred: Hussey: — — 


— NE: 


Geo: Porter: — — 


— NE: 


Antho: Addison: — 


— NE: 



Bounded and butting, 
as specified in y" pattents. 

vpon: Jo: Henry: 
vpon: Rich Cage, 
vpon: Christop"^ Beresford. 
vpon: Tho: Elger. 
vpon: Will Horton. 
vpon: Tho: Quynell: 
vpon: Sam: Oliuer: 
vpon: Robert: pecock. 
vpon: Auert price, 
vpon: John: Reynolds, 
vpon: Ann Brodheads, 
Clinton Maund. 
vpon: John Biggs. 
vpon: Geo: porter, 
vpon: will fisher, 
vpon: ffred: Hussey: 



'So in original for "last. 



3o8 Province of New York ["1] 



Land Boun[d]ed & butting: as specified in y" 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. — — — NE: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 secret''. 

Ortoinal Note endorse J: 

a 

Esopus Lotts. M"" Berrisfords [la]nd abutts North East 

vpon Jan Joos[tens] land & South west 
vpon C. Pawli[ng]s. 
Endorsed: To send it to George Hall. 

For 
His Hono*^ the Gouern'' 
in New Yorke 



Ih] Collateral and Illustrative Documents 309 



The Governo" Lre to y*^ Com'.'^ at Esopus. C. A. 
/-. - ' 2 : 657 

»jent (NYSL) 

This may Serue to recomend unto yo" y*^ bearer hereof M'' 
Isaack Greveratt, To whome he having an Inclination to ji^r 8 
remove w'f" his family to yo'' Towne, I haue given a Com°." 
as a person of a fitt Capacity to succeed Mr Beeckman in y? 
place of Schout, & what othr publique Imploym' he hath 
there; He is at this tyme onely gone up to fitt himselfe w^^- 
an habitation, in w"^ I pray giue him yo^ best assistance, 
w^hen he enters upon his Employm* It vsrill be requisite all 
y*: Publique Records should be deliuered into his Custodye, 
v^^ho is upon his Oath to Acte in his place honestly & Justly 
according to his best Capacitye This is all at p''sent 
from 

Yo'' Very Loving freind 

[Francis Lovelace.] 
ffort James in N. Y. 
Mar. 8'^ 1670. 



No. XI. 
DELAWARE — LONG FINN INSURRECTION. 



An Ord" for y" aprehending of y^ Swede O. w. L. 
^ r\ ] 2 : 500 

at Delaware. (NYSL) 

Whereas I am giuen to understand that there is a certaine 16&9 

Aug. 2 
Swede at De la ware who giues himselfe out to be Sonne to 

Conincksmarke heretofore one of y"" King of Swedens Gen"^!' 

or Gen''!' Officers & goes up & downe from one place to 

another frequently raising speeches very seditious & false 



3IO Province of New York [h] 

O. W. L. tending to y" disturbance of his Ma"?'' peace & y*" Lawes of 
(NYSL) y^ Governm' in such cases prouided To whom is associated 
one Henry Coleman one of y'^ Fins & an Inhabitant at De la 
Aug. 2 ware who hath left his habitation Cattle & Corne w'^'^out any 
care taken for them to runne aft^ y*" oth' person & it being 
suspected that y'' said Coleman being well verst in y^ 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 yo' duty sett forth yo^ warr' to appre- 
hend him but he cannot yett be met withall These p'^sents 
are to order impower & appoint yo" to sett forth a proc- 
lamation in my name that if y'' said Henry Coleman do not 
come in to yo" & surrend"^ himselfe up to answer to what 
shall be objected against him w"'in y® space of Fifteene 
dayes aftr divulging y'' same that then yo" cause all y^ Estate 
belonging to him w"'in this Governm' to be seized upon & 
secured to his Ma'"''/' use, of w"'^ yo" are to rend'^ me an Ac- 
count w"" y"^ first oppertunity Given undr my hand & seale 
at Fort James in New Yorke this 2'? of August 1669. 

[Francis Lovelace.] 
To y^ Officers at De la ware. 



o. W. L. The Governo"? Lre to Capt" John Carr & 

2 ; 503 

(NYSL) y*" Schout & Comissaryes at New Castle 

upon De la ware. 
1669 Gentlemen. 

Sept. IS 

I Red yo^ Pacquett w"-*" yo" sent by Henry de Loper 
dated y" S'-*" of Septemb^ in w'^^ were inclosed three other 
Copyes Two of them subscribed Coningsmark y" other 
Armgart Prins as likewise y" Deposicons of seuerall persons 
concerning a lately insurection happened in yo' partes occa- 
sioned by y*^ Long Swede their pryme Incendiary all, w"^*^ 



[h] Collateral and Illustrative Documents 311 



being taken into a serious consideration I haue thought fitt O- W- ^' 
. ° 2: 503 

w'^ ye Advice of my Councell to resolue & determyne as (NYSL) 

followeth, In y*^ first place I uery well appro[u]e & applaud 
yo^ prudent & carefull management in Circumventing & Sept. 15 
securing y*^ pryme Instigators of this Comotion togethr w'^ 
y'' cheifest of his Complices, likewise (for yo^ future anima- 
tion) that so good & seasonable a service both to his Royall 
Highn^? & y" security & tranquility of y^ Country, may not 
be buryed in Obliuion, I cannot but take notice of it & do 
retorne yo" thankes w*^all assuring yo" to represent this 
Action to his Royall Highn"^.^ 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'' w*^ y* cheife of his Pack to condigne 
punishm', but y^ hourly expectation I am in of y^ Arrivall 
of some shipps from England by w'^^ I look for seuerall In- 
structions w'^.'^ will require a present dispatch, y® whole 
frame of y'^ 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 Recofnend unto yo" now must rath^ respect y" Stopping 
of y*^ spreading of y" 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 y*^ Long Swede 
in Custody & in Irons untill he can haue his Tryall w^^ shall 
be as speedy as my affaires can permitt, eithV by my presence 
or some of y'' Councell sufficiently authorized to heare & 
determyn that affaire. 

For those of y* first magnitude Concerned w*.'' him yo" 
may eith^ secure them by Imprisonem' or by taking such 

• In place of the omitted word, the original has " are " duplicated. 



o 



1 2 Province of New York [^] 



O. W. L. Caution for them to Answer what shall be alleadged & proued 
2:503 . , tor 

(NYSL) against them. 

For y" rest of y^ poore deluded sort, I thinke y" Advice 
Sept. 15 of their owne Countrymen is not to be despised, who knowing 
their temper well, p''scribe a method for keeping them in 
ord^ w'^.'^ 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 Jaff"^ 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 y* Little Domine hath played y"" Trumpeter 
to this disord'', I referr y"" quality of his punishm' to yo^ 
discretions. 

I haue rec"^ a Peticon from diuers of the Inhabitants at 
De la ware in y*" behalfe of those that Joyned w'^ y^ Long 
Finne it came inclosed in M"; Cousturiers Letter but I shall 
take little notice of it since it came not by yo'^ hands howeuer 
if they shall make any further a Publication to yo" about 
it & yo" send it to me w"! yo^ aduice thereupon I shall doe 
therein what shall be thought most fitting & conuenient I 
haue no more but to recomend y*" continuance of yo^ care 
of this & y^ rest of y" publique affaires in yo^ ptes to yo^ 
prudence & discretion w'^^ is uery much relyed upon by 

Gent 



Fort James in New 
York this I5'^ day of 
September i66q. 



Yo^ affecconate Loving freind 
[Francis Lovelace.] 



r^] 



Collateral and Illustrative Documents 



313 



To Capt" Jn° Carr & y'' Schout & Comissaryes O- W. L. 
at New Castle upon De la ware. (NYSL) 



I Doe thinke it would not be amisse if for punishm' to y<= 
simpler sort of those who haue beene drawne into this 
Comotion yo" injoyned them to labour sometymes in y" 
reparation of y*" workes about y^ 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 Intended Tragedy, The mischeife 
whereof is like to fall upon their owne heads. 



1669 
Sept. 15 



The Governo'^'' Comon for y" 
Tryall of severall Persons at 
Delaware. 

Francis Lovelace EsqT &c To all to whome theise p'^sents 
shall come sendeth Greeting 

Whereas there hath lately hapned an Insurrection at 
Delaware by some evill mynded persons Enemyes to his 
Ma*!^ & y^ Peace of this Governm' w'^^ might have proved 
of dangerous Consequence had not Ring leaders beene sur- 
prised & so prevented of their wicked designe by y^ vigil- 
ance & Care of y^ Officers there All w''.'^ having beene 
represented unto me I haue w'*' y*^ advice of my Councell 
made some Resolucons thereupon y'^ w'^.'' are speedily to be 
putt in Execution I haue therefore thought fitt to nominate 
constitute & appoint, & by theise p''sents doe nominate Con- 
stitute & appoint yo" [One line left blank for the names] to 
be Com"^.^ to give Ord' & to take Care that The Acte of 
Councell be put in Execution accordingly, Giving yo" or 
any five of yo" of w'^'' M^ Matthias Nicolls to be one & 
President power to call before yo" any such person or persons 



C. A. 

2:437 

(NYSL) 



1669 
Nov. 22 



314 Province of New York [ii] 



C- A- as are now in hold upon this Occasion & to pronounce 
2 : 437 . f^ . . . '^ 

(NYSL) sentence against them according to y'' directions herew"! 
given yo"? 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 that yo" impose such mulct or 
fyne upon them or any of them for y'^ use of his Ma'i'^ as 
shall seeme best to yo^ discretions, And if need be that yo" 
Administer an Oath to any person, or persons for y" better 
clearing of y*^ Truth, y*^ w''.^ 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 w*^.*^ 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 undr my hand & sealed w'*^ y*' Scale of y^ 
Colony at ffort James in New Yorke this 22'.'' day of Novem- 
ber in y^ 21'.'' yeare of his Ma''!'' Raigne Annocp Dni 
1669. 

[Francis Lovelace.] 



Col. MSS. The forme of holding the Co"^ at the 

20:4 . ° 

CNYSL) Fort in Newcastle vpon Delaware 

River, for the Tryall of the Long 

Finne &c. about the late Insurrection. 

Decemb. y"^ 6^5 1669. 

1669 Vpon the meeting of the Co*^ let Proclamacon bee made 

by saying O Yes, O Yes, O Yes Silence is commanded in 
the Co"^ whilst his Ma''^^ Cornission" are sitting, vpon paine 
of Imprisonment. 

Lett the Cofnission bee read & the Comission'^ called vpon 
afterwards; [if] any shall bee absent let their n[ames] bee 
Recorded 



[h] Collateral and Illustrative Documents 315 



Then let the Proclamacon bee made again by O Yes, as Col. MSS. 
before, after which say. All manner of Persons that have any (NYSL) 
thing to doe at this speciall Co^ held by Comission from 
the Right Ho''!'^ Francis Lovelace Esq"^ Governo' Gen" vnder Dec. 6 
his Royall Highnesse the Duke [o]f [Yorjke 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 o^ 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 .''] ' 

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 28''' day of August in y*" 21- 

' Original mutilated. 



3i6 Province of New York [m] 



Col. MSS. yeare of the Raigne of o^ soveraigne Lord Charles the 
(NYSL) 2'^ by the Grace of God of England, Scotland fFrance & 
Ireland King Defendr of the Faith &c Annoq? 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''% & also didst most traiterously solicite & entice divers 
& threaten others of his Ma''"^ good Subjects to betray 
their allegiance to his Ma'"'' 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 [againjst [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 
Testim[onies] [as] ' 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 
Cor', let them bee called over againe, & then ask't. 

• Original mutilated. 



r^] 



Collateral and Illustrative Documents 



317 



Are you agreed vpon yo"" Verdict in this Case in Col. MSS. 

(NYSL) 



Gent 

difference betweene o'' soveraign Lord the King & the 
prisoner at the Barr. vpon their saying Yes, Aske who 
shall speake for you Then the [Jury] the Forem[an] f[or] 
[t]hem [shall give] in their Verdict the w''"' is to bee [recorded.] ' 
Then read the Verdict & say Gentlemen this is yo"^ Verdict, 
vpon w'^'' you are all agreed, vpon their saying yes Call 
that the Prisoner bee taken from the barre & secured. 



1669 
Dec. 6 



Endorsed: 

No 15 
Forme of Tryall 
Long Finne. 1669 
Dec^ 6'.'' 



A list of the inhabitants that viras Confederets *'°'- ''^^^• 

20 1 s 

with the long ffin and had the marke (NYSL) 
and their ffines 



gilders 

John Stolcup 1500 

Jens Vstas 0830 

Henerick: Coalman 0930 

OUa ffrancis 1500 

John Powles 0150 

Andries Johnson 0050 

Hans Petterson 0100 

Neals Nealson 0300 

Mathias Nealson oioo 

Charles Johnson 0300 



Mons Powson....300 j,/^669^^ 
Henerick Anderson 200 
Lawsa Eskelson . . 050 
Simon Johnson... 100 
Erick Vrianson. . . 200 
Mathias Bartleson. lOO 

ErikeMatson 200 

Lawsa Wolson .... 100 
Lawsa Corneleson. lOO 
John Matson 150 



' Original mutilated. 



3i8 



Province of New York 



["^•] 



Col. MSS. [gilders] 

(NYSL) Hans Wolason oioo 

Hans Hoofman o^oo 

December John Henencs 0300 

Paules Lawrson 0100. 

Olla Torsa 0100 ~] 

Henerick Nealson 0100 ! 

Laurans Carolus minister. 0600 ( 
Margerett Matson widdovv. oioo>' 

John Peterson oioo ^ 

Bartle Parker oioo t 

Samuell Peterson 0050 J 



Event the ffin ... 300 
Andries: Andrieson 050 
Paules Lawrson. i[oo] 
Mathias Matson.. 100 
Marcus Laurson . . 050 



2100 



Endorsed: 

A List of Delinque[nts] 
with the Long ffin 
Dec^ 1669.' 



7710 



Col. MSS. 
20:6 

(HYSL) 



1669 
December 



A Hste of the fines about the 
Rebellion of the Long Finne- 

Guild" sew' 



Evert Hendricksen 300 

Mat Bertelsen 

Simon Jansen 

Las Oleson 

Erick Ericksen 

Jan Matse 

Samuell Pietersen 

Las Eskell 

Erick Matsen 

Bertie Hendricksen 

Hendrick Anderson 



100 

100 

100 

100 

150 

50 

50 
200 

100 

200 



' The date was inserted by Secretary Nicolls. 



1450 



r^] 



Collateral and Illustrative Documents 



319 



5430 



[Guild""." sew'] 

Mons Paulsen 300 

Las Cornelissen 150 

Andries Andriesen 50 

Paul Larsen 100 

Jan Stalcop 1500 

Olle Fransen 2000 

Dirck Jansen lOO 

Hendrick Colman 930 

Matijs Matsen 100 

Hans Pietersen 100 

Paul Jansens Vrow 100 

Neils Nielsen 300 

Hendrick Nielsen 100 

Mat Nielsen 100 

Olle Oelsen 100 

Paul Larsen lOO 

Card Jansen 300 

Mons Jansen lOO 

Carel Monsen lOO 

Hans Hopman 300 

Juns Junstersen 1500 

G : Sew' 

Heer Lars 800 

Another Hans Pietersen 100 

Jan Paulsen 100 

Andries Junsen lOO 

Jan Hendrickse of Marcus Kill 300 

Marcus 50 

1450 



3000 



Col. MSS. 

20: 6 

(WYSL) 



1669 
December 



320 Province of New York [^] 

C0I.MSS. [Guild^^ sew'] 

(RYSL) Besides this sume every one or 3000 

the greatest ^t paid to the 543° 

December Stebo' — 14 G. & some 28. G. 145° 



1 1330 



Transcribed & Examined by 
mee at Newcastle. 
May iV^ 1675. 

Matthias Nicolls. Seer. 
Endorsed: 

List of the Fines 
about the Long 
Finne. 
DecT 1669. 



Col. MSS. Charges about the long ffin 

20:7 ° ° 

(NYSL) 

To John Henery 864 

[De^c^l Michaell Baroon 2454 

Neals Matsa 0607 

John Harmons 0235 

Gisbert Dericks 1 107 

Barnard the Smith 01 10 

Albert Johnson 01 15 

Mathias Conradus 0200 

Neals Lawsa OIOO 

Petter Alricks 0100 

M"" Tom 0650 

Endorsed : 6542 
A list of Charges 
about the long ffin 

1 This was a messenger of the court 



["^•] 



Collateral and Illustrative Documents 



321 



[Prisoners deported at Newcastle.] 

27 
25 



135 



135 


675 


54 




675 


135 

50 




85 



H[an]s Block 
yur[ie]n Janse 
Matijs Eschelsen 

Ha[ns] Pietersen 

Andres Matsen 

More. 16. 
The Domini • 
Harmen Reyners 
Neals Lawson & 
3. more 



Rec'^ 50 scheple of wheat 
of C. Carre,- there is due — 85 
scheple. 

Deer 13. 1669. 
On reverse: 

The 2 schippers 
haue rec*^ on board with 
each prisoner a bed, blancket 
p"^ of bilboes & Lock. 

' The reference is apparently to Laurans Carolus, the minister to the 
Swedes. 

= Captain Carr 

[21] 



Col. MSS. 
20:8 

(NYSL) 



r 1669 
J Dec. 13 



322 



Province of New York 



[^] 



C. A. 
2:464 

(NYSL) 



1669/70 
Jan. 26 



[Memorandum] 

January 26'?" 1669. 

This day y* Long ffinne called Marcus Jacobsen was by 
warr' put on board M'^ Cosseaus Ship called y" Fort Albany 
to be Transported & Sould at y"" Barbadoes according to y^ 
Sentence of Court at Delaware for his attempting rebellion, 
He had beene a Prisoner in y* State house ever since y^ 20'.'' 
day of Decemb^ last. 



c. A. 
2: 460 

(NYSL) 



An Ordr for y"" Transportation of y^ Long 
Finne to Barbadoes. 



1669/70 
Jan. 28 



Whereas Marcus Jacobs comonly called y" Long Finne, 
hauing for some great misdemeanor forfeited his liberty & 
life if y" strictnesse of y" Law had beene put in Execution 
but through y^ Clemency & fauour of the Governor & Coun- 
cell had sentence onely to receiue some Corporall punishm' 
& also to be transported & sould into some of y" Remoter 
Plantations from y'' place where he committed y*" Fact, 
These are to Impower yo." when yo" shall haue brought y" 
said Marcus Jacobs ats y" Long Finne to y^ Barbadoes, 
That yo" cause him to be sould for a Servant to y*" best 
advantage for y" space of Fower yeares or y^ usuall tyme 
servants are there sould at, & that yo" make retorne of the 
produce to this Porte, deducting y" 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.] 



[xii] Collateral and Illustrative Documents 323 

No. XII. 
DELAWARE — RAPE BY AN INDIAN. 



The Gouerno" Lre to Capt" Carre. ^* ^• 

(NYSL) 

I haue rec"? yoT Lre of y^ 25'-'' of September by Hendrick 
de Loper' wherein yo" giue me y'^ relation of a foule fact Oct. 19 
comitted by y^ Indian upon y" body of Xpian Womans what 
yo" & y" rest of y® Com'^^^ 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 & y'' Sachem und' whome he is to [sic for so] 
that he may be surrendred; & Justice Executed upon him 
As to y*^ long ffinne who attempted his Escape likewise lett 
him be kept safe a little longer untill I send some Com" 
from hence to Examyne into y'' whole matter w'^!' shall be 
w^'in a month but I would not haue y*' 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 p'sent to recomend to yo^ being 

Yo^ Loving freind 

Fr: Louelace. 
Fort James 19'.'' OctobT 1669. 

' For a note and references to Hendrick Droogestraet alias Hendrick de 
Loper, see p. 162, supra. 



324 



Province of New York 



[xm] 



No. XIII. 
DELAWARE — CASE OF WILLIAM DOUGLAS. 



C.A. 

2:470 

(MYSL) 



1669/70 
Feb. 25 



[Memorandum] 

Feh^y 25"' 1669. 

This Day was Wittm Douglas releast from out of y* 
prison in y^ State house, where he had beene Comitted for 
misdemeanor at y*" Hoar-kill ever since y'' 2o'^ of Decemb- 
last, He was sent into y^ North, hauing giuen security by 
his bond not to retorne into this Governm' 



C. A. The Governo" Lre to Delaware. 

2 : 470 T • T- • 1 
(NYSL) Lovmg trernds 

I haue beene Informed of y^ seuerall miscarriages of Wittm 

1669/70 r-i 1 • or 1 • J • 

Feb. 26 Douglas in yo^ partes & ot your care to prevent his doemg 
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 y* 
Eastward w'!' Caution not to retorne into this Governm' r 
amongst yo", I do well approue of what yo" did about him, 
If any such person shall hereaftr p'^sume to disturbe yo" or 
to breake his Ma''?^ peace there, I haue sent a Cofriission 
Empowring some of yo" to suppresse them & do recoiiiend 
to yo" to follow y" directions sent yo" therein & in my Letter 



w*"!" is all at p'^sent from 



Fort James in N. Yorke 
26"' Feb'Y 1669. 



Yo"^ very Loving freind 

[Francis Lovelace.] 



[xiuj 



Collateral and Illustrative Documents 



325 



[Memorandum] 
Feb-^^y 28'^ 1669. 



C. A. 

2:471 
(RYSL) 



There was a Comission & Lre of Instruction in Dutch 1669/70 
und"^ y" Governo^'' hand & scale this day sent to y^ Hoare 
Kill by Peter Alricks Ketch for y" Persons hereund' 
men coned 

Hermans Fredericksen — to be Schout. 



Sander Malsen 
Otto Walgast 
Wiltm Claesen 



To be Comissaryes 



They are to keep good Orders there for his Roy" High- 
ness, & to trye all matters of difference undT lof amongst 
themselues, for what shall be aboue they are to apply them- 
selues to New Yorke, & so for all Cryminalls. 



Warr' for y* clapping of W™ Douglas 6- E. 
in Prison. (NYSL) 



These are in his Ma"" name to require you to take into 
yo'^ Custody y" Body of W"" 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 yo' Warrant. Given under my 
hand &c: this 16**" day if Decemb^ 1672. 

[Francis Lovelace.] 
M' AUard Anthony Sheriffe 

of this City or his Deputy. 



1672 
Dec. 16 



326 Province of New York [Sv] 

No. XIV. 
NEWTOWN — CASE OF ABRAHAM FROST . 



C. A. 



2: 



g An Ord'^ for suspending y" Execution ag' 

(NYSL) ye Estate of Abraham fFrost. 

Aor^"! Whereas Complaint hath beene made unto me by Abraham 
fFrost of New Towne who hath had Execution served upon 
his Estate for Two suiries of money y^ one obteyned ag' 
him by Judgment at y^ suite of William Osburne & y" othV 
of John ffirman, y" w'^^ he alleadges was done by misin- 
formation of y*" Co'^''^ & want of Evidence, w'^.'' he now hath 
& y" said ffrost declaring his poore Condition & ruin if he 
shall be forced to pay y^ said suiries & offering good security 
to stand to y" Judgment of anoth^ Court I haue by & w"' y* 
advice ofmyCouncell thought fitt to ordr & declare & bytheise 
p'^sents do ord" & declare, that y" Executions served do 
stand good, but sale of y'^ Estate or disposall of y"' goods, is 
to be suspended upon his giving good security to y'^ high 
Sheriffe or his Deputye that noe parte of y"^ said Estate or 
Goods shall be Imbezel'd untill y*" Pet^ hath had a Tryall 
at Law against y'' said William Osborne & John ffirman 
w'=!' 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 y"" said Abraham 
ffrost & his Estate shall be released from y" Executions, but 
if it shall happen to be otherwise all new as well as y'' old 
charges are to be borne by y" said ffrost for y'' w^^ y"^ security 
is to engage Giuen undr my hand this first day of Aprill 
1670. 

[Francis Lovelace.] 



[Iv] 



Collateral and Illustrative Documents 



327 



No. XV. 

CONTROVERSY BETWEEN NICASIUS DE SILLE 

AND CATHARINA, HIS WIFE, ABOUT THEIR 

ESTATES. 



An Ordr 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 
Sille that a certaine matter in difference betweene him & 
his wife concerning y^ sale of a house or oth"^ businesses 
relating to their Estate, may be referred to some indifferent 
persons as Com'"'' toExamyneinto& adjudge y'^ casebetweenes 
them I doe hereby recomend it to M*^ Cornelijs Steenwick 
Mayor of this City to endeauour a Composure in w*^.^ if hee 
succeed not that he nominate & appoint foure or fine good 
& discreet men of this place to be Com" to heare & Examyne 
into what shall be alleadged on both partes & to giue their 
Judgm' & determynation thereupon of w'^?' 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'? yeare of his Ma"?^ 
Raigne Annoq) Domini 1669. [Francis Lovelace.] 



1669/70 
Mar. 8 



An Ord^ for Composing y'' Difference between C. A. 

Nicasius de Sille & Katharina his wife. (NYSL; 

Whereas Complaint was made unto me of a certaine 1670 
matter in difference betweene Nicasius de Sille & Katharina 
his wife, y'^ w''^ I thought good to referr y"" hearing & Exam- 
ination of, unto M*" Cornelijs Steenwick Mayo^ of this Citty 



328 



Province of New York 



[5'v] 



C. A. 

2:488 

(NYSL) 

1670 
Apr. I 



to endeavour a Composure in w"^^ if he succeeded not to 
appoint some able & discreet persons to doe y° same, The 
w'^'' having beene done & a result of their opinion thereupon 
retorned unto me und^ their hands, upon perusall thereof I 
haue thought fitt by & w'l" y'' advice of my Councell to ord' 
& appoint & by theise p'^sents do ord^ & appoint, that y" 
same Commission'^ nominated & appointed by Mr Mayo' 
do vy^'in 15. days aft'^ y" date hereof take an Account of y^ 
Debts both of y^ husband & vi'ife w''!' they are to Deliuer in 
upon their Oaths (w'^.'' Oath they are hereby Empowred to 
giue,) To y*" End a better Estimate may be made of y" re- 
mayning parte of y"" Estate vf".*' shall then be taken into 
Consideration how it shall be disposed of according to Equity 
& good Conscience Given und^ my hand at ffort James in 
New Yorke this i"' day of Aprill 1670. 

[Francis Lovelace.] 



C. A. 

2: 511 

(NYSL) 



A Confirmacon of y^ Report & proceedings 
of y^ Com*? in y^ Cause betweene Nicasius 
de Sille & his wife 



1670 

Apr. 21 



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- 
sion'^^^ appointed to Examyne into y*" matters in difference 
betweene Nicasius de Sille & Katherina his wife & to re- 
ceiue an Account of y'' debility of y^ husband & wife The 
w'^'' accordingly they haue done, as also of y" Estate in their 
hands or belonging to them both reall & personall who suc- 
ceeding not in their endeavours of a Composure betweene 
them y'= w*^!^ I first recomended haue represented a very just 
& equitable way of satisfying their debts & to make an 
equall division of y*^ remayning parte of y^ Estate bet%veene 



E'v] 



Collateral and Illustrative Documents 



329 



them as in y" Reporte und"^ their hands is more perticulerly 
sett forth Upon mature deliberation & consideration of y^ 
p'^misses I doe hereby declare, That I doe very well approve 
of y" proceedings & result of y° said Com*"? who seeme to 
haue Acted herein w"^ much integrity & w*''out partiality, 
And therefore according to their Judgment & result I doe 
ord- in y'' first place that y" farme Cattle houses Lotts & 
appurtenances belonging to y'' 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 w'^!' the neighbouring Townes are to haue Eight 
dayes notice at least Aft^ w'^'' I doe likewise recoiiiend & 
Ord^ the observance of the remayning parte of y^ said Com" 
result, To w"'' end & that y" proceedings thereupon may y® 
more regularly & w'^ greatest indifFerency be prosecuted, 
I referr it to y"^ 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 y"^ best of their advantage, 
The vf"^ if y^ husband & wife or eith^ of them shall neglect 
to doe w**'in Eight dayes aft^ y'' date hereof. It shall be 
recoinended to some oth- persons to do y*" same that at length 
conclusion may be put to this troublesome affaire Given 
und' my hand & scale this 21''' day of Aprill in y" za'."" yeare 
of his Ma"?^ Raigne Annocp Dfu 1670. 

[Francis Lovelace.] 



c. A. 

2: sii 

(NYSL) 

1670 
Apr. 21 



A Comission graunted to Nicasius de Sille C. A. 

2:513 
to be Publique Notary for y'= Towne of (nysl) 

Flatt bush. &c. 



Francis Lovelace Esq^ &c Whereas it is thought Con- 
venient that there should be a sworne Publique notary in 



1670 
Apr. 25 



330 



Province of New York 



Rl°v] 



C. A. 

2:513 

(NYSL) 

1670 
Apr. 25 



some one of y" Dutch Townes upon Long Island, where 
he may be usefull to y*" Inhabitants in Gen"^" & Mr Nicasius 
de Sille hauing an Intent to resyde in y^ Towne of Midwout 
aUas Flatt bush where he desires to officiate and Exercise 
that office, And having conceiued a good opinion of y^ 
Capacity & fittnes of y"" said Nicasius de Sille, I haue thought 
fitt to nominate & appoint & by this my p''sent Comission 
do nominate constitute & appoint him y*" said Nicasius de 
Sille to be publique notary for y'^ Towne of Mydwout alias 
Flatt bush & places adjacent. By vertue of w'^'' Coiiiission he 
hath power to attest any Deeds Instrum*? Wills Testam'^ 
Codicills Contracts Covenants or any othr Acte or Acts as 
Publique Notaryes haue usually power to doe as also to take 
& receiue such priuiledges & advantages as to y^ Office of a 
Publique Notarye doth any way belonge or appertayne, he 
taking y'^ Oath in y" Lawes appointed for y*^ due perfourmance 
of y'' trust reposed in him, Given und^ my hand & sealed w'*^ 
y'' Seale of y" Province at Fort James in New Yorke this 
25'^ day of Aprill in y^ 22"? yeare of his Ma''?" Raigne 
Annoq5 Domini 1670. 

[Francis Lovelace.] 



C. A. 

2:514 

(NYSL) 



The Governo" approbation & Confirmation of 
y® Choyce of psons nominated to Acte in the 
businesse betweene Nicasius de Sille & Catherina 
his wife. 



1670 
Apr. 25 



Whereas in my last ord^ of y*^ 21"' of this p''sent month in 
y'= matter in difference betweene Nicasius de Sille & Catherina 
his wife it was recomended to y'' said persons each of them to 
appoint one good man in trust to look aftT their Concernes 
in y^ sale of their Lands or goods & disposall thereof as in y® 
said ordr is more pticulerly sett forth, & y^ said Nicasius 



LXVlJ 



Collateral and Illustrative Documents 



331 



de Sille hauing giuen in to me undr his hand that he doth 
appoint Isaack Greveratt to Acte in Trust for him, & y*' 
said Katherina having Hkewise nominated Paulus Leendertse 
van der Grift to acte in her Concernes, I doe very v^ell approue 
of their Choyce & y'' 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 y'^ Com^.^ whose directions undr their hands 
they are to obserue to y" utmost of their power & for their 
acting herein this shall be to them a sufficient warrant. 
Given undT my hand at Fort James in New Yorke this 25*^ 
day of April! 1670. 

[Francis Lovelace.] 



c. A. 
2:514 

(NYSL) 

1670 
Apr. 25 



No. XVI. 

DIVORCE CASE OF REBECCA LEVERIDGE 
AGAINST ELEAZAR LEVERIDGE, OF HUNT- 
INGTON, LONG ISLAND. 



The Governor" Lre to M^^ Wood. 



C. A. 

2:477 
(HYSL) 



M^ Wood • 

I haue rec^ a Peticon from Rebecka y^ wife of Eleazer 1669/70 
Leveredg of yo^ Towne by y*^ hands of her father Nicholas 
Wright of w'^.*' I herew'.*" send yoM 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 y'^ husband & 
wife w'.*" what yo" can make further Inquiry of touching y* 

' Jonas Wood. 



332 



Province of New York 



[xviJ 



^- A- same, & retorne me a speedy Acc- thereof Togeth^ yo"^ 

iNYSL) Opinion of y*" whole Case Whereupon I shall endeauo"^ to 

proceed in decision of v" matter according to Law & good 
1669/70 ^ . Tu- • n r f 

Mar. 9 L-onscience, 1 his is all at p'^sent irom 

Yo' very Loving freind 

Fran Louelace 

Fort James in New Yorke 

March 9*'' 1669. 



C. A. 

2:486 
(NYSL) 



1670 
Apr. I 



hn Ordr for y^ hearing y* 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 y"^ behalfe 
of Rebeckah his daught*^ wife of Eleazer Leveridg of Hunt- 
ington made Complaint unto me of y'' uncomfortable con- 
dition wherein his said Daughter hath for diuers yeares past 
liued w'^ her said husband & there haueing beene formerly 
seuerall Complaints made both on y'^ parte of y'^ Relations 
of y^ husband as well as those of y*^ wife suggesting some 
notorious fault or impediment on y"^ one syde or y^ other 
w*^^ hitherto hath not beene fully or clearely made appeare, 
so that their mutuall discords & differences doe still continue, 
To y'' end a faire Composure of y'' same may be effected or 
some other LawfuU course taken therein, I haue by & w'?' 
y^ advice & consent of my Councell thought fitt to ord^ & 
appoint & by theise p''sents do ord"^ & appoint that Eleazer 
Leveridg & Rebeckah his wife doe appeare here in this 
Citty upon Wednesday y*^ fourth day of May next before a 
speciall Court then appointed to Examyne into & determyne 
y'' matter in difference betweene them, & all persons con- 
cerned, or that can giue in evidence on either parte are 



[1^] Collateral and Illustrative Documents 333 



likewise hereby required to make their appearance before C. A. 
y^ said Court for y^ better clearing of y^ truth, so that y*" (NYSL) 



1670 



controversy may be decided according to Law & good con- 
science, Giuen und^ my hand at fFort James in New Yorke Apr', i 
this i^* day of April! 1670. [Francis Lovelace.] 

To all Persons whome this may Concerne. 



A Coiriission graunted to M^ Thomas ^- ^• 
... 2:522 

Lovelace & oth" to inquire into y*" matt"^ (NYSL) 

betweene Eleazer Leveredg & Rebecka 

his wife. 

Whereas Complaint hath beene made unto me bv Nicholas 1670 
'^ . ^ May 6 

Wright on y'' behalfe of Rebeckah his Daught^ ag' Eleazer 

Leveredg her husband & also by y*^ said Rebeckah against 

him y° said Eleazer that hauing beene joyned in matrimonye 

for y*" space of seauen yeares & a halfe or thereabouts he y® 

said husband hath not perfourmed Conjugall Rights unto 

his wife, but on y'' contrary hath caused her to lead a very 

uncomfortable life w'.'' him, And the said fFather & daught^ 

upon supposition of Impotency & insufficiency in y'^ said 

Eleazer Leveridg hauing sued for a divorce, the hearing & 

Examinacon into w".*" matt^ I do not judg meet should come 

before a pubhque Court, I haue therefore thought fitt to 

nominate & appoint & by theise p''sents do hereby nominate 

& appoint yo" Thomas Lovelace Esq^ Mr Samuell Maverick 

M"^ Matthias Nicolls Capt? John Manning & Mr Humphrey 

Davenport to be Com''^ to meet at some Convenient place 

this afternoon then & there to heare & Examyn into this 

matter in difference betweene y"^ said Eleazer Leveredg & 

Rebeckah his wife, To w'^.'' end yo" are to call both y" partyes 

before yo" or whosoever else can Giue Evidence or Testi- 



334 



Province of New York 



[xvi] 



C. A. 

2:522 

(NYSL) 

1670 
May 6 



monye in y^ matter To whome yo" may administer an Oath 
for y*" bett^ clearing of y" truth w^"? Oath yo" are hereby 
Empowred to giue as also to Employ any oth^ person or per- 
sons skilful! in such matters to make inquiry into y'' defect 
& impediments alleadged whereupon you are to giue yo*^ 
Judgm'.'' & rend^ me an Account thereof that I may make 
some finall determination thereupon Given und*^ my hand 
& seale this 6'^ day of May in y" 22'^ yeare of his Ma''" 
Raigne Annocp Domini 1670. [Francis Lovelace.] 



C. A. 
2:519 
(NYSL) 



1670 
May 6 



The Governo"^? Instructions to y'' Com""? 
appointed to inquire into y'^ matt^ 
betweene Eliezer Leveridg & Rebecka 
his wife. 

Whereas a certaine Petition was p'^sented to me from 
Rebecka Leveredg wife to Eliazer Leveredg of Huntington 
Complayning that she being his reputed wife for y*' space of 
seaven yeares & a halfe, hath in all that tyme receiued no 
due benevolence from y'' said Eleazer according to y'' true 
intention of matrimony The great end of w''-*' is not onely 
to Extinguish those Fleshly desires & appetites incident to 
humane nature but likewise for y*" well ordering & confirma- 
con of the Right of meum & tuum to be devolved upon y" 
Posterity lawfully begotten betwixt man & wife according 
to y*" Lawes of y'' Land & practise of all Christian Nations 
in that Case provided, I haue therefore thought fitt (for 
some reasons me thereunto moving) not to Assume y^ 
Examynacon of y'' Case of Impotence into my hand but 
referr y*' debate of that to such persons as by a Cofiiission 
und' my hand & seale 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 y*" Cause 



IxvJ 



Collateral and Illustrative Documents 



335 



shall meritt, And for y^ future Execution of y*" said Com°? 
I giue theise further directions. 

First in regard y^ prayer of y*^ Petition implyes a divorce 
(for y^ reasons alleadged therein) you are principally to 
inquire whethr they are man & wife according to y^ Lawes 
& practise of that Governm' that was Establis'ht over them. 

Secondly if it shall appeare to yo" to y" contrary that then 
y'' partyes be bound ouer y*" next Sessions, there to answer 
their Contempt & breach of y" Law. 

But if it shall appeare before yo" that they were lawfully 
Espoused to each othr according to the Law in that Case 
provided that then yo" enter into y° debate & determination 
of y* insufficiency alleadged by Rebeckah Leveredg wife to 
Eleazer her reputed husband as is alleadged in the Petition 
concerning his sufficiency for procreation y"^ true end of 
matrimony to y'' Accomplishm' of w''!' yo" haue by yo^ 
Comission ord^ to Convene a Councell of y" ablest Chirur- 
gions or other knowing persons in such case for y"^ Exaiacon of 
Eleazer Leveredg his sufficiency for procreation or y*" defici- 
ency of Rebecka Leveridg y" reputed wife of Eleazer by 
authorising such graue & skilful! Matrons to Examyn into 
y" Sufficiency or defect of hir nature in Case any should 
appeare & to retorne you an Account thereof w''.'^ likewise 
yo" are to Transmitt to me togethr w'!' your results & 
opinions of yo^ Judgments of y^ whole matter comitted to 
yo"^ hearing according to yo^ Comission & Instructions. 
May y^ 6'? 1670. [Francis Lovelace.] 



C. A. 
2:519 
(NYSL) 

1670 
May 6 



A Divorce eraunted to Rebeckah c. A. 

. 2 : 607 

Wright from Eleazer Levendg. (,nysl) 



Whereas Nicholas Wright of Oysterbay on y". behalfe of oct.^2 
his Daught^ Rebeckah y". wife of Eleazer Leveridg, & y". 



22 



2,2)^ Province of New York [xvj 



^- A. said Rebeckah for her selfe, did make their Complaint unto 
(NYSL) me against y* said Eleazer Leveridg her husband, That she 
having beene his reputed wife for y": 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 w'^.'' is not onely 
to Extinguish those fleshly desires & appetites incident to 
Humane nature but likewise for y^ well ordering & Confirma- 
tion of y'^ Right of Meum & Tuum to be devolved upon the 
Posterity lawfully begotten betwixt man & wife according 
to y'^ Laws of y*^ Land & practise of all Christian Nations in 
that Case provided, & did therefore sue for a divorce, Where- 
upon having appointed Com'^'' to call both partyes before 
them & strictly to Examyne into y'^ Affayre & to make report 
of their Judgment thereupon y": w''!' after serious inquiry 
made by them w'^ y*; Advice of Chirurgions well skill'd & 
Sober Matrons who privily Examyned both y*^ 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 w*^."^ being afterwards 
represented to my Councell & they having declared them- 
selues to agree in y". Same opinion: For y^ Reasons afore 
specified, y'^ p'^tended 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 p'^tences 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 LawfuU marriage w*!" any oth'^ ^son as if y^tyes & 
Obligations betweene y*: said Eleazer & her had never beene. 
Given und'^ my hand & Sealed w"' y^ Seale of y^ Province 
this 22'^ day of October in y" 22'^ yeare of his Ma"" Raigne 
Annoq5 Domini 1670. 

[Francis Lovelace.] 



[xra] Collateral and Illustrative Documents 337 



No. XVII. 

STATEN ISLAND — FINAL PURCHASE OF ISLAND 
FROM INDIANS IN 1670. 



The Governo'"^ Lett"^ 2^"46'8 

Gent (NYSL) 

Having Rec'? a Complaint against yo"^ neighbour Indians 1669/70 
from M^ Stillwell & Nathan Whitmore on y'' behalfe of y*" 
Inhabitants in Gen"^^" of yo^ Towne & likewise heard & 
debated what they had to say as to your Jealousyes & feares 
of y® Indians Insolencyes & threatnings grounded upon 
their p''tences that y'' Land there hath not beene paid for, 
& that your Horses Hoggs or Cattle haue done them dafnage 
in their Corne I haue thought good to retorne yo" this in 
answer That in y" first place yo" send to them & treate w'^ 
those concerned in a freindly way touching y*^ purchase of 
soe much of that Island as hath not beene already bought 
& payd for y" w'^.'' can be proued to haue beene perfourmed 
in parte notw'J'standing their denyall, & that yo"! do it as 
for yo''selues, & at as easy a rate as possible, y^ w'^'^ will 
turne to yo^ owne perticuler advantage, & hauing so done 
that yo" cause y^ same to be remitted to me for a Confirma- 
tion, & whether you shall be admitted purchasers or that I 
shall comply w*^ yo'' Agreem' & buy it for his Royall High- 
ness, It shall be still for yo^ good & benefitt, I shall onely 
expect y" p'^ference in y" purchase on y^ Dukes behalfe. As 
to their threatnings yo" ought not to shew y" Least appre- 
hension of feare of them. But it is yo"^ parte to haue a Vigilant 
Eye over their Actions & Motions, & that yo" cause a Guard 
to be kept in y^ Towne for yo^ defence against any suddaine 

mischeife from them, y^ w''^ as there shall be occasion & I 
[22] 



338 



Province of New York 



[xraj 



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 y"" damage they p'"tend to haue rec'i by yor horses Cattle 
or hoggs yo" may shew to them y"^ great difficulty of preuent- 
ing it as long as their Corne lyes unfen'ct & y" greate charge 
it will be to fence in their ground as it lyes in y" midst of y' 
woods but if they could pitch upon some Neck of Land fitt 
for that purpose w^f' may w'*' 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 y^ Island wholly — If 
yo" can proue that they haue kill'd or destroyed any of yo"^ 
horses Cattle or Hoggs yo" may acquaint them that y" 
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 y'' Island in y'' 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 yo" & them. This is all at p'^sent, I haue to Recofn- 
end to yo" so conclude being 

YoT Very Loving freind 
Feb-^y 16'!' 1669. Fran: Louelace 



(NYSL) 



[Indian Deed of Staten Island, 1670.] 



^1670 This Indenture made the Thirteenth Day of Aprill in the 

and 15 22''' yeare of the Raigne of o^ Soveraigne Lord Charles the 

Second by the Grace of God of England Scotland, ffrance & 

' Formerly in Land Papers, vol. I, p. 34, office of Secretary of State. 



[^viJ Collateral and Illustrative Documents 339 



Ireland Kinge Defend"^ of the Faith &c & in th[e] yeare of (NYSL) 
our Lord God 1670, Between y"" R' Hon*"'" Francis Lovelace j^^„ 
Esqr Governor Gen"^" und- his Royall Highness James Duke ^P^- '3 
of York & Albany &c Of all his Territoryes in America 
for & on y* behalfe of his said Royall Highness on y*" one 
parte and Aquepo, Warrines, Minqua-Sachemack, Peman- 
towes Quewequeen, Wewanecameck, and Mataris, on y* 
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 y*" other parte Witnesseth, 
That for & in consideration of a certaine suine of Wampom & 
divers other goods, w''.'' in th[e] Schedule hereunto annext 
are Exprest, unto y*" said Sachems in hand paid by the said 
Governor ffrancis Lovelace or his Order, The receipt whereof 
they y"^ said Sachems Doe hereby Acknowledg, & to be fully 
satisfyed, & 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 p'^sents Doe fully & absolutely give 
graunt bargalne & sell untoy^ said ffrancis Lovelace Gover- 
nour for & on y^ behalfe of his Royall High[''] aforementioned 
All that Island lyeing & being in Hudsons Ryver, coirionly 
called Staten Island & by y'' Indian[s] Aquehonga Manack- 
nong — having on y"^ South y" Bay & Sandy point, on y" 
North y'' Ryver & y'' Citty of New Yorke on Manh[a]tans 
Island, on y" East Long Island, & on y'' west y® maine Land 
of After Coll, or New- Jersey, Togeth*^ w*!" all y" Lands 
soy[les] meadowes fresh & salt pastures Cofnons wood land 
Marshes Ryvers Ryvoletts streames Creeks waters Lakes & 
whatsoever to y*" said Island is belonging or any way apper- 
teyning, & all & singuler oth"^ y" p'^misses w*** th'appur- 
tenance[s] & everye parte & parcell thereof, w^'out any 



340 Province of New York [i^] 

(WYSL) reservation of y" herbage or Trees or any other thinge grow- 
1670 ^"§ ^^ being thereup[on] And the said Sachems for them- 

Apr. 13 selues & all others concerned their heires & successo" Doe 
and 15 

Covenant to & w'? y'^ said Governo'^ & his successo*^^^ for & 

on y*^ behalfe aforesaid in manner & forme following, That 
is to say That they y'' said Sachems now are y" very True 
sole & Lawfull Indian Owners of the said Island & all & 
singuler of y*" p'^misses, as being derived [to] them by their 
Auncestors, & that now at th'ensealing & delivery of theise 
p'^sents they are lawfully seized thereof [to] y*" use of them- 
selues their heires & Assignes for ever according to y'' use 
& Custome of y*" rest of y" Native Indians of the Country, 
And further That y'^ said Island now is & at y*" 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 y'^ said Governo^ & 
his successors to y*" 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 & Successo" 
Doe Covenant That y" said Governor his successo" & 
Assignes for & on y^ 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 w'!^ th'appurtenances & all & every othr y^ p''misses 
w'.'' their appurtenances w^'out any Lett resistance Dis- 
turbance or interuption of the said Sachems or any others 
concerned their heires & successo"^? & w'^'out 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 y*" said Sachems & y^ rest of the 



Between pp. 340 and 341. 




( 



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w 

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Q 

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"■ Z 

I Q 

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ft 



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5; 5' 



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if^ 



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C2- 




[xvii] Collateral and Illustrative Documents 341 

Indians concerned w"" them now Inhabiting or residing upon (NYSL) 
y" said Island shall haue Free leaue & Liberty to be & ^^ 
remaine thereupon untill y*^ First Day of May next, when Apr. 13 
they are to surrend^ the possession thereof unto such person 
or persons as y'^ Governor shall please to appoint to see y"^ 
same put in Execution upon w'^'' day They are all to Trans- 
porte themselues to some other place & to resigne any 
Interest or Clayme thereunto or to any parte thereof for- 
ever To haue & to hould y'' said Island so bargained & 
sould as aforementioned unto y*^ said Francis Lovelace 
Governo'' & his successors for & on y** behalfe of his Royall 
Highness his heires & Assignes unto y*^ proper use & behoof 
of his said Royall Highness his heires & Assignes for ever. 
In witness whereof ye Partyes to theise p'^sent Indentures 
haue Interchangably sett to their hands & seales the day 
and yeare first herein wrytten 

Sealed & Deliuered in y" p''sence of 

The marke of 
Corn"^ Steenwijck, Maijor X [Seal] 

Aquepo 
Tho. Louelace The marke of Aquepo 

X [Seall 

Matthias Nicolls on the behalfe of 

Warrenes 
C V Ruijven The marke of Wawanecameck 

X 

Oloff Stevens V" 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 



[xvij 



(NYSL) Gerret van Tricht 

1670 

Apr- 13 I Bedloo 
and 15 

Warn. Wessels Constab 



The marke of 

X [Seaq 

Quewequeen 
The marke of 

X [Seal] 

Wawanecameck 
The marke of 

X [Seal] 

Mataris 



William Nicolls 
Humphrey dauenport 
Cornelis Bedloo 
nicholaes Anthonij 



-4 Youths. 



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 w[hose] 
names are here under written as witnes[ses.] 

Aprill the i^^± 1670. 

Signed in presence of The marke of X Pewowahone. 



The Governor 
Capt" Manning 
The Secretary. 



about 5 yeares old a boy. 

The marke of X Rok[o]que[s] 
about 6 yeares old a Girle. 
The marke of X Shinginnemo. 
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. 



[xviJ 



Collateral and Illustrative Documents 



343 



A ffirkin of Powder 
Sixty Barres of Lead 
>- -I Thirty Axes 
Thirty Howes & 
Fifty Knives 



7 
8 

9 

lO 

II 



The Payment Agreed upon for y^ Purchase of Staten 
Island Conveyed this Day by y^ Indian Sachems Proprieto"" 
(vizt) 

1 Fewer 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 y"] within mentioned Francis Lovelace Esqr Gov- 
er[no'^] &c for & in y'= behalfe of his Royall Highn"^.^ & y" 
w*4n wrytten Sache[m]s on y^ behalfe of themselues & all 
oth"^? concerned before th'ensealing & delivery hereof That 
Two or Three of y^ said Sachems their heires or successo"'^ 
or so many Persons Imployed by them shall once every 
yeare (vizt) upon y" First day of May yearely after their 
surrendT repair to this ffort to acknowledge their Sale of the 
said Staten Island to y^ 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 y* behalfe of 

Minqua Sachemack 

The marke of X Aquepo 

behalfe of 



on 



Pemantowes 



Warrines 
The marke of 

X 
Quewequeen 
The marke of 

X 

Wewanecameck 

The marke of X Mataris. 



(NYSL) 

1670 
Apr. 13 
and 15 



344 



Province of New York 



[xvi'i] 



(NYSL) Endorsed: 

1670 
Apr. 13 
and IS 



Staten Island Deed of Purchase 

from the Indians' 

Apr 1(3] 1670 



Recorded y'= Day & yeare w"'in 

vvrytten by me [Two seals] 

Matthias Nicolls Seer 



C. A. 

2:518 
(NYSL) 

1670 
May 2 



A warrant for M^ Thomas Lovelace & 
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 & y" surrend^ of y'^ 
said Island by y*" Indian Sachems & Proprietors in y^ name 
of his Royall Highness according to y" Teno^ of y'^ bill of 
Sale & Purchase, & for so doeing this shall be yoV warrant, 
Given undr my hand at flFort 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. 



[xviii] 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.] ^^^^^ 

(Sec. Slate) 
Recorded for M"" Tristram Coffin, & M"^ 
Thomas Macy the day afore-written.* 

These Presents doeWittness That I Tames fforrett Gent. 1641 

who was sent over into these parts of America by y^ Hoii^'^ 

Y^ Lord Sterling with a Commission for y^ Ordering & Dis- 1671 
posing of all y" Islands that lye between Cape-Cod & Hud- ■'^^'^ ^^ 
sons River, & hath hitherto continued his Agency without 
an)' Contradiction, doe hereby Grant unto Thomas Mayhew 
of Water-Towne Mercht & 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 y" said Islands to them & their Heyres, & 
Assignes forever. Provided That y" said Thomas Mayhew 
& Thomas Mayhew his Sonn or either of them or their Asso- 
ciates doe Render & give yearly unto y"^ Hon'^ y" 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 y'' Massachusets Bay, being chosen for that end 
& purpose by y"^ Hoiil y" Lord Sterling or his Deputyes; 
And by y" said Thomas Mayhew & Thomas Mayhew his 
Son & their Associates It is agreed That y" Governm* that 
y" said Thomas Mayhew, & Thomas Mayhew his Son & 

> This deed with slight and immaterial variations was recorded for Thomas 
Mayhew and Matthew Mayhew, July i6, 1671, in Deeds, vol. 3, pp. 64, 76. 



346 Province of New York [xraj 



Deeds their Associates shall sett up their, shall bee such as is now 
3: 55 _ . 

(Sec. State) Established in y"^ Massachusetts aforesaid; And that y'' 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 y' 

June 29 Premisses as by Patent is granted to y" Patentees of y* 

Massachusetts aforesaid & their Associates. In wittness 

whereof I y*^ said James fforrett have hereunto Sett my 

Hand & Seale y"" 13'^ day of October, Sixteen hundred & 

ffourty one. 1641. 

James (Seale) fforrett. 

Signed, Sealed, & Delivered in 

y" p''sence of us 

Robert Come 
Nichol: Davyson. 
Richard Stileman. 



^^f^ Here followes y" Records of M' Mayhew's Con- 

(Sec. State) cernes w"" y"" Governo"^; |That being y^ Busyness 

that happned to be next dispatcht. 

^f^"*^ Certaine Deeds and other Writeings Recorded ' 

(Sec. State) for M'' Thomas Mayhew of Martins Vineyard 

& M'' Matthew Mayhew his Grand-Childe, 
this 16"' day of July 1671. as followeth. — Viz' 

3:65 Another Deed made by James Forrett. 

(Sec. State) 

1641 Whereas by Vertue of a Commission from y° Lord Sterhng 

^'^^' ^^ James fforrett Gent hath granted Liberty & full power unto 

j^»j ' The deed from 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). 



[xviii] Collateral and Illustrative Documents 347 



Thomas Mayhew of Watertowne Merch' & Thomas Mayhew Deeds 
his Sonn & their Associates to Plant y*' Island of Nantuckett (Sec. State) 
according to Articles in a Deed to that purpose expressed; 
Now fForasmuch as y*" 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 r'f^^fi 
found; This therefore shall serve to Testify that I y" said 
James fforrett by Vertue of my said Commission doe hereby 
Grant unto y*^ 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 y" Deed Granted unto them for Nantucket, as 
therein (plainly in all Consideracons, both on y*" Right 
Hon'''* y" Lord Sterlings part, & on y* said Thomas Mayhew 
his Sonn & their Assocyates) doth appeare. And in witness 
hereof I y*^ said James Forrett have hereunto Sett my Hand 
this 23^^ day of Octob^ Anno Dfu 1641 . 

James Forrett 
Signed, Sealed, & Delivered in 

y'^ p'^sence of us John X Daham 
his marke. 
Garrett Church. 



A Deed made to M*^ Mayhew by Richard Vines. Deeds 

(Sec. State) 

I Richard Vines of Saco Gent. Steward Gefi'^" for S"^ 

1041 

fferdinando Gorges K' Lord Proprietor of y" Province of Oct. 25 
Mayne Land, & y*" Islands of Capawock & Nantican, doe Recorded 
by these p''sents give full pow^ & Authority unto Thomas ju^J j^ 
Mayhew Gent, his Heyres & Associates to plant & Inhabitt 
upon y'' Islands of Capawock als Martha's Vineya'''^ w**^ all 
Rights, & Priveledges thereunto belonging, to enjoy the 
Premisses to himselfe his Heyres & Associates forever. 



348 Province of New York [xrai] 



^^fifi^ Yielding & paying unto y^ said S'' fFerdinando Gorges his 
i>Sec. State) Heyres & Assignes forever annually, as two Gent indiffer- 
ently by each of them chosen shall judge to bee meet by way 
Oct. 25 of Acknowledgm' Given under my Hand this 25'*" day of 
Recorded October 1 64 1. 
1671, Rich"^ Vines. 

Wittness 

Thomas Page 
Robt Long. 



July 16. 



July 16 



^^filf [Grant from Thomas Mayhew, Sr., and his Son, to Inhab- 
(Sec. State) itants of Martha's Vineyard.] 

Decemb'^ 4"" 1646. 

Dec'^.*^4 T^his witnesseth that M^ Mayhew y" Elder, & also M"^ 
~ Mayhew y*^ younger have freely given to y*" Men now inhab- 
1671 iting on y'' Island namely the Vineyard this Tract of 
Land following for a Townshipp: Namely all Tawanqua- 
tacks his Right, together w'*" all y*" Land as farr as y" Easter- 
most Chap of Homses Hole, & also all y*" Island called Chapa- 
quegick, w'^ full power to Dispose of all & every part of 
y'^ said Land as They see best for their own comfortable 
Accomodacon. The Line is to goe from Tequa=nomans 
Point to y'' Eastermost Chap of Homses Hole. This I doe 
acknowledge to bee y*" ffree Grant of myselfe & my Sonn, 
y'' day & yeare above-written. Decem: 4"^ 1646: 

Per me Thom: Mayhew 

This abovewritten is a true Coppy taken out of y^ Originall 
Grant by mee Thomas Dassett Gierke for y"^ Towne Great 
Harbour on y*" Vineyard. As Wittness my Hand, June 10''' 
1671. 

Per Thom : Dassett 



[xviii] Collateral and Illustrative Documents 349 



[Deed of Nantucket to Tristram Coffin and Associates.] Deeds 

(Sec. State) 
Recorded for M-" Coffin & M"' Macy 

afores'i y*" day & yeare afores'* 

Bee it known unto all Men by these Presents That I 1^59 

July 2 

Thomas Mayhew of Martins Vineyard Merch' doe hereby 

acknowledge That I have sould unto Tristram Coffin, 1671 
Thomas May,' Christoph' Hussey, Richard Swayne, Thomas •'""® ^^ 
Bernard, Peter Coffin, Steeven Green-leafe, John Swayne, 
& William Pyke, That Right, & Interest that I have in y*" 
Land of Nantuckett by Patent; y"" w'^'' Right I bought of 
James fforrett Gent. & Steward to y" Lord Sterling, & of 
Richard Vines sometimes of Sacho Gent. Steward Geri'^" 
unto S^ Georges Knight, as by Conveyances under their 
Hands & Scales doe Appeare; ffor them y* aforesaid to Injoy 
& their Heyres & Assignes forever, w'^ all the Priveledges 
thereunto belonging, ffor & in Consideration of y^ Suiiie of 
Thirty pounds of Currant pay, unto whomsoever I y^ 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 y"" said Thomas 
Mayhew have receiv'd 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, 
y"' aforesaid Sale in anywise notwithstanding. And further 
I y'' said Thomas Mayhew am to beare my parte of the 
Charge of y'^ said Purchase abovenamed, & to hold one 20'^ 
part of all Lands purchased already, or shall bee hereafter 
purchased upon y*' said Island by y'^ afores'^ Purchasf or 
Heyres & Assignes forever. Briefly It is thus, That I really 
sold all my Patent to y'^ afores'! nine Men, & they are to pay 
mee or whomsoever I shall appoint them y'' Sume of Thirty 
pounds in good merchantable Pay in y*^ Massachusetts, und"" 

' An error for Macy. 



350 Province of New York [xvm! 



Deeds w'^h Govemm' They now Inhabitt, & 2 Beav^ Hatts, & I 
3:56 ■' 

(Sec. State) am to beare a ao'*' part of y"^ Charge of y^ Purchase, & to 

have a 20'*^ part of all Lands & priveledges; And to have w'^'^ 

July 2 of y'^ Necks aboves'' that I will my selfe paying for it; only 

Recorded 7^ Purchas'^ are to pay what y* Sachem is to have for Mas- 

Ttufe^'zo *iu^tuck, although I have y" other Neck. And In wittness 

hereof I have hereunto sett my Hand & Scale this second 

day of July Sixteen hundred & ffifty nine 1659. 

^ me Tho: Mayhew. 

Wittness 

John Smyth. 

Edward Scale. 



Deeds fDecd of Tuckanucket to the Coffins.! 

3:57 "• 

Recorded for M' Coffin and M' Macy afore- 
said, y'' day & yeare aforewritten. 

1659 Xhe tenth day of October, One Thousand six hundred 

Oct. 10 . -' . 

fifty & Nine; These Presents Wittness, That I Thomas 

1671 Mayhew of Martins Vineyard Merch' doe give, grant, Bar- 
June 29 gaine, & Sell all my Right & Interest in Tuckanuck Island, 
als Tuckanuckett, w'''^ I have had, or ought to have, by 
vertue of Patent Right, purchased of y"^ Lord Sterlings Agent, 
& of M'^ Richard Vines Agent unto S'' fferdinando George 
Knight, unto Tristram Coffin, S"^ Peter Coffin, Tristram 
Coffin Jun^ & James Coffin, to them & their Heyres forever, 
ffor & in Consideracon of y'^^ just Suirie of six Pounds in 
hand paid, & by mee Thomas Mayhew received in full Satis- 
faction of y*" aforesaid Patent Right of y" aforesaid Island. 
And In wittness hereof I have sett my Hand & Scale. 

Per me Thomas Mayhew. 
Wittness hereunto. 
Roger Wheeler 
George Wheeler. 



[xviiJ Collateral and Illustrative Documents 351 



rindian Deed of Tuckanucket.l Deeds 

3-53 

(Sec. State) 

Recorded for IVf Coffin & M'' Macey 
of Nantuckett y^ 29'^ day of June. 
1671. 

The 20''' day of fFeb^>' 1661.' 

These Presents doe Wittness that I Wamachmamack 1660/1 

Feb. 20 
Chiefe & Head Sachem of Nantuckett Island doe Bargaine & 

Sell unto Tristram Coffin Sen'', Peter Coffin, Tristram Coffyn 1671 
Jun"", & James Coffin Sonnes of y" aboves'^ Tristram Coffyn J*^^ ^^ 
Sen*^ y*^ one halfe of Tuckcanuck Island, ats Tuckanuckett, 
with all Appertenances & Priveledges thereunto belong- 
ing, namely that halfe of y'' afores*^ Island that Pattacohanett 
layeth Clayme now unto since hee sold y^ other halfe, w*^*" 
is y" North & North-West parts of y"" Island as it was divided 
by Peter ffolges. Now these Presents doe further Wittness 
that for & in Consideracon of y" just Sufne of Ten pounds, 
I Wamachmamack doe Bargaine & Sell all my Right & 
Interest that I had, have, or ought to have in y^ afores"^ 
Island of Tuckanuck, ats Tuckanuckett unto y" aboves^ 
Tristram Coffin Sen'', Peter Coffin, Tristram Coffin Jun% & 
James Coffin aboves"*, to them & their Heyres forever; In 
consideracon of ffive pounds in hand paid, & ffive pounds 
more w*4n one Month after y' I y® aforesaid Wamachmamack 
shall make it appeare that y" Bargaine of Sale concerning y^ 
above-named Island is good & Right according to Law, 
namely that hee y*^ s'^ Sachem was y'' true & lawfull Own'' 
of y^ aforesaid Island; And when it is by any other Person 
questioned M'' Thomas Mayhew is to determine who is y^ 
Right Owner, And hee that is found to be y" Right Owner is 

•Supposedly the clerk intended to write 1660 or 1 660/1. 



352 Province of New York [xvml 



Deeds ^q have y" ffive pounds that is unpaid. In wittness whereof 

(Sec. State) I have hereunto sett my Hand. 

The marke X of 

Feb. 20 Wamachmamack Sachem. 

„ 7, Wittness hereunto 
Recorded 

1671 Peter fFowler 



June 2g 



John GHps. 



Deeds [Indian Deed of Nantucket.] 

3:54 

^S^<=- ^'^'^^ Recorded for M' Tristram Coffin, & M^ 

Thomas Macy. y" 29**" of June 1671. 
as afores'! 

r f,^ / 1 These p'"sents wittness y' I Wanackmamack Head Sachem 
L Feb. 20 J of y"^ Island of Nantuckett have Bargained & Sold, & doe 
Recorded by these Presents Bargaine & Sell unto Tristram Coffin, 
June29 Thomas Macy, Rich** Swayne, Thomas Bernard, John 
Swayne, M"^ 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 y" West end of y" afores'' Island 
unto y^ Pond comonly called Waquittaquay, & from y^ head 
of that Pond to y'^ North-side of y'' Island Manamoy; Bounded 
by a path from y'' Head of y" Pond aforesaid to Manamoy; 
as also a Neck at y" East end of y*' Island called Poquomock, 
w'*" the propriety thereof, & all y" Royaltyes, priveledges, & 
Immunityes thereto belonging, or whatsoever Right I y*^ 
afores'^ Wanackmamak have, or have had in y® same; That 
is, all y^ Lands aforemen coned and likewise y'^ Winter ffeed 
of y'' whole Island from y^ end of an Indyan Harvest untill 
planting time, or y^ first of May from yeare to yeare for ever; 
As likewise Liberty to make use of Wood, and Timb"^ on all 
parts of y° Island; & likewise halfe of the Meadowes & 




[xvuij Collateral and Illustrative Documents 353 



Marishes on all parts of y" Island, w^'out or beside y^ afores'^ Deeds 
Tracts of Land purchased; And likewise y*^ use of y^ other (Sec. State) 
halfe of y'' Meadowes & Marishes, as long as y'^ aforesaid 
English their Heyres or Assignes live on y" Island; And like- 
wise I the aforesaid Wanackmamack doe Sell unto y" 
English aforemenconed y" propriety of y'' rest of y^ Island jg^j 
belonging unto mee, for & in consideracon of ffourty pounds J^^^ ^9 
already received by mee or other by my Consent or Ord''; 
To have & to hold y"^ afores'^ Tracts of Land w"" y" ppriety, 
Royalties, Immunityes, priveledges & all Appertenances 
thereto belonging to them y*^ afores"^ Purchas''^ their Heyres 
& Assignes forever. In Wittness whereof I the afores'' 
Wanackmamack have hereunto sett my Hand & Seale y^ 
Day & yeare above-written. 

The signe of — 
Wanack-mamack. 
Signed Sealed & Deliverd in y® p''sence of 

Peter Foulger. 

Eliazar Foulgar. 

Dorcas Starrbuck. 



[Indians' Affirmation of Deed to Thomas Mayhew, Jr. for ^^^^l 

Land on Nantucket Island.] (Sec State) 

May y^ lo"" 1665. 

This Writing doth wittness That I Wassulon & Inittuane ^^^\q 

did sell unto Thomas Mayhew y" Young^ a Tract of Land ^ , 

•^ ■^ . . . Recorded 

for him y"^ said Thomas Mayhew his Heyres & Assignes to 1671 

enjoy forever; The w''*' Sale was made, & y^ Goods paid 
unto us for y^ same to y° vallue of ffifteen pounds, & y^ 
Tract of Land delivered into y^ possession of y^ said Thomas 
Mayhew in y^ yeare of o"' Lord God One thousand six hun- 
dred ffifty three; That allwayes halfe of them, & halfe y* 
[23] 



354 Province of New York [x^ii] 



Deeds Whale was also sold unto y'' said Thomas Mayhew for him, 

3 • 6" . . . . 

(Sec. State) his Heyres, & Assignes to enjoy forever. & then delivered 
into y"" said Thomas Mayhew his possession, being part of 
May 10 y= Purchase afores"^ This wee sold & Deliver'd to y'^ cleare 
Recorded knowledge of many Indyans, as Mickso, Eanawamett, M'' 
Tulv i6 1°^^" Keoquissen, & many others; And this Writeing I doe 
now give under my Hand, because y*" first Writing cannot at 
p''sent be found. This wee sold w'^ y*^ Approbacon of 
Vssamequin; The Bounds of y"^ s'' Land beginneth at Waka- 
chacoyk to Arkepah a River, & from the said Wakachakoyck 
by a streight Line to y*" middle of y^ Island, that is y"' middle 
Lyne that divides y"^ Land of Towtoe & others, & y" Land 
sold y'^ said Thomas Mayhew. And from the Place that 
Lyne meeteth y*^ middle Lyne that divides as afores! The 
s' Land is to goe to the Harbour upon y*' North side of y*^ 
Island called Waweettick. Wittness my Hand y"" Day & 
yeare afores'^ 

Wassulon 
Wittness his X Marke 

Nicholas Davis. Isaack Norton 
Nicholas Norton M his marke. 



Deeds Mr Thomas Mayhew his Grant of Liberty 

(Sec. State) to some Inhabitants on his Island to 

buy Land. 

i668 Forasmuch as I have a Grant of this Island both from y'' 

Agent ofy^ Lord SterUng,& also from y^ Agentof S'^fFerdinando 

Teyi^ Gorges K* for this Island y*" Vineyard; This doth wittness 
July i6 jiigj J Xhomas Mayhew doe grant unto W'" Pabody, Josyas 
Standish, &: James Allen Liberty to buy Land; I say Liberty 
to buy what Land They can upon this Island w*''in y* Com- 
pass of y'^ Bounds of Takinny of y^ Indyan Sachems y'^ R' 
Own"""; & to enjoy all such Lands to themselves, Heyres, & 



[xviii] Collateral and Illustrative Documents 355 



Assignes forever, upon the same Termes & Condicons that Deeds 

I have it of y'' Lord Proprietor, but for y^ People that are to (Sec. State) 

be brought on, They are to be not only approved of by y^ 

said William Pabody, Josyas Standish, & James Allen, or July i 

the major part of them or their Assignes, but also by mee y'' Recorded 

said Thomas Mayhew my Heyres & Assignes, & for y'^ July^'i6 

Governm' of y^ Inhabit'^ that shall bee there upon y^ said 

Land; It is to be carryed on by myselfe & y*^ majo"" part of 

y* ffreehold" That is, I y'^ said Thomas Mayhew cannot 

Act w"'out them, nor my Heyres & Assignes; Nor they y'^ 

said W*" Pabody, Josyas Standish, & James Allen nor their 

Heyres & Assignes shall not doe nor Act without mee y*^ 

said Thomas Mayhew or my Successo'■^ This is also an 

Approbacon for y" Land They have bought already, soe farr 

as it concerneth mee, I doe also allow of it. And this I doe 

in Consideracon, That they the Grantees are to pay mee six 

pounds, thirteen Shillings, foure pence at Boston to Cap' 

Olliver, or M'' Peter Ollyver at Boston. Wittness hereunto 

my Hand & Seale this first day of July. 1668. 

The: Mayhew 
This is a true Coppy drawn by 
the Originall by mee 

Symon Atthearn. 

The Governo'^^^ Lre to Mt Mahew.' C. A. 
M^Mahew ^y^|i^ 

I Receiued yo^ Lre by yo^ Grandchild wherein I am 
informed upon what termes yo" haue hitherto held yo'' Land m ^^"5 
at Martins Vineyards & parts adjacent, but y*: p'^tences of 
S^ 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 



Thomas Mayhew, Sr. 



356 Province of New York [xviij 



C- A. it hath beene so longe before yo" haue made yo^ appUcation 
(NYSL) to me since yo'' adressing yo^ selfe for releife against y^ Indians 
in a businesse of a Wreck to my Predecesso'', & his Coiiiission 
May 16 to you thereupon did intimate an acknovvledgm' of being 
undv his Royall Highnesse his Protection Upon notice this 
last yeare of y''. like misfortune of a Wreck upon your Island 
I sent directions to yo" how to proceed thereupon of w".'' I 
expected an account but haue as yett heard nothing of it 
but when you come hithr as you propose & w"."" 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 Suirier as you 
shall fynde yo^ selfe disposed I pray bring all yoV Patents 
deeds or other wrytings w"^ you relating to those partes, by 
y® w^*^ & by o^ consultation togeth"^ I may receiue such 
inteligence of y° affaires there as I may y*; bettT take ord^ 
for y*; future good settlemt of those Islands, As to any p''tend- 
ers who lay clayme to any of them w"'^ are deemed to be 
w*^in y': Dukes Patent I haue thought fitt to appoint [blank] 
months tyme for all persons w*4n this Governm' or w^'out 
eith^ by themselues or their Agents to appeare here before 
me to make good their Claymes or p''tences, y"' w^*" if any 
of them shall neglect to doe (haueing tymely notice thereof) 
such claymes or p''tences will be adjudged of no validity: 
I haue in part discourst of theise affaires w*'' yo' Grandchild 
but referre the remaind' untill yo^ arivall here where yo" 
shall receiue a very hearty welcome & all due Encouragem' 
as to yo^ perticuler Concernes from 

Yo^ affectionate humble servant 

[Francis Lovelace.] 
Fort James in N. Yorke 
May y^ 16"^ 1670. 

I pray send Copies of y^ enclosed order of notice to all 
those about you who are concerned. 



[xviii] Collateral and Illustrative Documents 357 



Notice giuen to all Persons Concerned in v"* Land C- A. 
. ^ 2:538 

called Martyns Vineyard to appeare at New (NYSL) 

Yorke. 

These are to giue notice to all persons Concerned who j^^y^jg 
lay clayme or haue any p''tence of Interest in Martyns 
Vineyard Nantuckett or any of y* Elizabeth Isles neare 
adjacent & w"^in his Royal Highnesse his Pattent that they 
appeare before me in person or by their agents to make 
proofe of such Claymes or p'^tences w"'in y" space of — 4 — 
months after y" date hereof, In default whereof all such 
Claymes or p''tences aft^ y"? Expiration of y? said tyme shall 
be deemed and adjudged invalid to all Intents & purposes, 
Given unde'' my hand & sealed w"; y^ Seale of the Province 
at Fort James in New Yorke this 16**? day of May in y* 
22'-'' yeare of his Ma''*:^ Raigne Annoc[5 Domini 1670. 

[Francis Lovelace.] 



M' Mayhew Empowered by Daniell Wilcock of New ^^^^^ 
Plymouth to Act for him w"" Co" Lovelace &c: (Sec. State) 

Know all Men by these p''sents that I Daniell Wilcock .'^''° 

•' '^ . Aug. 30 

of Y Colony of New Plymouth haveing two small Islands 

w"^'" are within his Highness y'^ Duke of Yorke his Patent, 1671 
haveing obtained y'^ said Islands of y'' Indyans, & Hkewise •'" ^ ^ 
y*" Patent of Right from M"" Thomas Mayhew & Matthew 
Mayhew of Martins Vineyard, I y° said Daniell Wilcock doe 
hereby desire & Empower Matthew Mayhew to Appeare on 
my behalfe before his Hono"' Coll: Lovelace, in Order to y° 
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 [xviii] 



^^^6 ^ y" Premisses, I have hereto sett my Hand this 30*'' of August. 
(Sec. State) 1670. 

Daniel Wilcock 

1670 - „ 
Aug. 30 ^ 

Recorded . his Marke. 

1671 Witness hereunto 

John Mayhew 

John Howard his marke. 

The Patf are Entred at large in y® Great 
Booke of Records. N° 6. 

Here foUowes y"" Entry of all those Writeings 
or Instrum''' That M"" Mayhew had granted 
him from the Governor 



^«e^s Proposalls to y*" Governo!' from y*" Inhabitants 

(Sec. State) of Nantuckett about settling that Governm'. 

r 1671 1 Inprimis Wee humbly propose Liberty for y" Inhabit- 
ants to chuse annually a Man or Men to be chiefe in y^ 
Governm', & one chosen or appointed by his Hono^ to stand 
in place, constantly invested w"' power of Confirmacon by 
Oath or Engagem' or otherwise as his Hono^ shall appoint, 
one to be Chiefe in y" Co" & to have Magistraticall Power 
at all times w"^ regard to y"" peace, & other necessary Con- 
sideracons. 

2'y. — Wee take for graunted y* y*^ Lawes of England are the 
Standard of Governm^ soe farr as wee know them, & are 
suitable to our Condicon; yet wee humbly propose that y^ 
Inhabitants may have power to Constitute such Law or 
Ord" as are necessary & suitable to o"^ Condicon, not repug- 
nant to y" Lawes of England. 

3^- =^ In point of carrying on y"^ Governm' from time to time, 



[xvui] Collateral and Illustrative Documents 359 



wee are willing to joyne with o'' Neighbor Island y^ Vine- Deeds 
yard, to keep together one Co^' every yeare, one yeare at o^ (Sec. State) 
Island, y" next w"' them, & Power at home to End all Cases 
not exceeding 20"; And in all Cases Liberty of Appeale to L June J 
y'' Geii^" Co" in all Actions above 40^. And in all Actions 
amounting to y" valine of 100" Liberty of Appeale to his 
Highnesse his Co" at y" 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 y*" Indians are numerous among us, Wee = 4. 
propose that o*" Governm' may Extend to them, & power 
to Sufiion them to our Co"^ w*^'' 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 y^ afores ' M'' Coffin & M"' Macy, Deeds 
2 Lres or Certificates from y" Inhabitants of (Sec.'sute) 
Nantuckett — as foUoweth — viz' 

Whereas y"" Hoii^''' CoR: Lovelace Governor of New Yorke 1671 
gave forth his Summons for y^ Inhabitants of y" 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 y'= afores'^ Island. Now wee whose Names 
are underwritten haveing intrusted our ffather Tristram 
Coffin to make Answr for us, Wee doe Empower our ffather 
Tristram Coffin to Act & doe for us, w"' y" Hon'? Governor 
Lovelace soe farr as is just and reasonable, w"' regard to 
o'' Interest on y* Isle of Nantuckett and Tuckanuckett. 



360 Province of New York [xviii] 



Deeds Wittness o'' Hands y^ 2'^ day of y'' fourth Month, Sixteen 
(Sec. State) hundred & seaventy one 1671. 

j^_j James Coffin 

June 2 and 5 Nathaniell Starbuck 

John Coffin 
Steephen Coffin. 

This is to signify that y"" Inhabitants of Nantuckett, have 
chosen M'' Thomas Macy their Agent to Treat w'^ y'^ Hon''" 
Cotl: Lovelace concerning y'' AfFayres of y" Island to .^\ct 
for them in their Behalfe and stead, & in all Consideracons 
to doe what is necessary to be done in reference to y'= Prem- 
isses, as if They themselves were personally p"'sent. Wittness 
their Hands Dated June 5'^. 1671. 

Edward Starbuck 
Peter ffoulger 
John Rolfe. 

The Inhabitants afores'' doe also in y" name of y*" rest 
desire M' Tristram Coffin to assist their afores"" Agent what 
hee can in y"^ matter or Busyness concerning y" Island 
Nantuckett. 



Deeds The Answ'^ to y"^ Nantuckett Proposalls. 

3 : 60 ^ ^ 

(Sec. State) 

At a Councell held at Forte James in New 

Yorke y*" 28"* day of June in y*" 23"^ yeare 

of his Ma'"" Reigne, Annoq5 DiTi. 167 1. 

1671 In Answer to y' Proposalls Delivered in by M'' Coffin & 

M"' Macy on y" behalfe of themselves & y'' rest of y"" Inhabit- 
ants upon y'= Island Nantuckett; The Governor & Councell 
doe give their Resolucons followeth. — Viz' 

Inprimis. As to y*" first Branch in their Proposalls, It is 



[xviii] Collateral and Illustrative Documents 361 



thought fitt y* y" Inhabitants doe annually recofnend two Deeds 
Persons to the Governor out of w'^'^ hee will Nominate one (Sec. Sate) 
to be y"^ Chiefe Magistrate upon that Island, & y^ Island 
of Tuckanuckett near adjacent for y" yeare ensueing; who juae 28 
shall by Commission bee Invested with power accordingly. 

That y" time when such a Magistrate shall Enter into 
his Employm' after y^ Expiracon of this first yeare, shall 
Commence upon y*^ 13"' day of October, being his Royall 
Highness his Birth day to continue for y" space of one whole 
yeare, & that they returne y* Names of y'' two Persons They 
shall recommend three Months before that time to y*^ Governo''. 

That y" Inhabit''^ have Power by a majo"^ Vote annually 
to Elect & chuse their inferior Offic"^? both Civill & Military; 
That is to say, y^ Assistants, Constables, & other inferior 
Offic'^^ for y" Civill Governm' & such inferiour Offic" for 
y^ Military as shall be thought needfull. 

The second Proposall is allowed of; That they shall have 2'y. 
Liberty to make peculiar Lawes and Ord^^ at their GenT" 
CoT* for the Well Governmt of y" Inhabit*^ y" w=^ shall bee 
in force amongst them for one whole yeare; Dureing w'^'' 
time if noe Inconvenience doe appeare therein, They are to 
Transmitt the said Lawes or Ord"^^ to y® Governor for his 
Confirmacon. Howev^ They are (as neare as may bee) to 
conforme themselves to y'^ Lawes of England, & to be very 
Cautious They doe not Act in any way repugnant to them. 

To y" 3'? It is Granted, That they joyne w"^ their Neigh- oly. 
bo''^ of Martins Vineyard in keeping a Gefi'^" CoT* between 
them once a yeare, y*' s'^ Co""' to be held one yeare in one 
Island, & y*" next in y" other, where y" Chiefe Magistrate 
in each Island where the Co" shall be held, is to p'^side, 
& to sitt in their respective Co"'' as Presid', but withall 
That upon all Occasions hee Consult & advize w*** y^ Chiefe 
Magistrate of y" other Island. 

That y" said Geii"." Co" shall consist of y" two Chiefe 



362 Province of New York [xviij 



Deeds Magistrates of both Islands, & y** foure Assistants, where 
(Sec. State) y'' Presid' shall have a Casting Voyce; for y'' time of their 

Meeting, That it bee left to themselves to Agree upon y^ 

1671 • o r P 

June 28 most convenient Season ot y^ yeare. 

That in their private Co"^'"" at home, w'^' are to be held by y* 
Chiefe Magistrate & two Assist"' where y^ Chiefe Magistrate 
shall have but a single Voyce, They shall have power finally 
to determine & decide all Cases not exceeding y*" Vallue of 
5" w'^'out Appeale, but in any Surrie above that Vallue, 
They have Liberty of Appeale to their Gefi" Co" who may 
determine absolutely any Case under 50" without Appeale, 
but if it shall exceed that Sufne, y'^ Party aggrieved may 
have Recourse by way of Appeale to y^ Gen''" Co*"' of Assizes 
held in New-Yorke. 

And as to Criminal! Cases, That They have Power both 
at their private Co^^ at home as well as at y*^ Gefi!'" Co'^' to 
inflict Punishm' on Ofi^end"^" soe farr as Whipping, Stocks, 
& Pilloring, or other publick Shame; But if y" Crime happen 
to bee of a higher nature, where Life, Limbe, or Banishm' 
are concerned. That such Matt'"" be Transmitted to y"= Gefi^" 
Co"^' of Assizes likewise. 
4. In Answ'' to y" 4**', It is left to themselves to Ord' those 
Affayres about y*" 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 y'' Lawes; To w'^'' End, They are to 
Nominate and Appoint Constables amongst them who may 
have staves w"' y"" Kings Armes upon them, the better to 
keep their People in Awe, & good Ord' as is practized 
w"" good Success amongst y" Indyans at y" East end of 
Long-Island. 



[xviiil Collateral and Illustrative Documents 363 

To y" Last, That They returne a Lyst of y^ Inhabitants, ^^^^ 
as also y^ Names of two Persons amongst them; out of (Sec. State) 
whom y^ Governo"^ will appoint one to bee their Chiefe 
Military Office^ That they may bee in y*" better Capacity to June 28 
defend themselves against their Enemyes whether Indyans 
or others. 

Commission granted to M"' Tristram Coffin Deeds 
° . ,3:62 

Senr to be chiefe Magistrate in & over the (Sec. State) 

Islands Nantuckett & Tuckanuckett. 

Francis Louelace EsqV &c: Whereas Vpon Address made j^l\n 
unto mee by M'' Tristram Coffin, & M'' Thomas Macy on y^ 
behalfe of themselves, & y*^ rest of y" Inhabitants of Nan- 
tuckett Island concerning y^ Manno^ & Method of Governm' 
to be used amongst themselves; & haveing by y*" 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, y" former to be nominated by my selfe, 
y* other to be chosen & confirmed by y" Inhabitants as in y^ 
Instructions sent unto them is more particularly sett forth; 
And haveing conceived a good Opinion of y*' ffittness and 
Capacity of M"^ Tristram Coffin to be y° p''sent Chiefe Magis- 
trate to Manage AfFayres w"" y*" Ayd & good Advice of y^ 
Assistants in y^ Islands of Nantuckett & Tuckanuckett, I have 
Thought fitt to Nominate, Constitute, & Appoint, & by these 
p''sents doe hereby Nominate, Constitute, & Appoint M"" 
Tristram Coff.n to be Chiefe Magistrate of y® said Islands 
of Nantuckett and Tuckanuckett; In y*" Managem* of w"*" 
said Employm', Hee is to use his best Skill and Endeavour 
to p''serve his Ma'"*^ Peace, & to keep y"^ Inhabitants in 
good Ord''. And all Persons are hereby required to give 
to y* said M'' Tristram Coffin such Respect & Obedience as 
belongs to a Person invested by Commission from Authority 



364 Province of New York [xvTn] 

Deeds of his Royall Highness in y"" Place & Employm' of a Chiefe 
(Sec. State) Magistrate in y" Islands aforesaid. And hee is duely to 
jg Observe the Orders and Instructions w'''' are already given 
June 29 forth for y^ well governing of y" Place, or such others as from 
time to time shall hereafter bee given by mee; And for what- 
soever y^ said M"" Tristram Coffin shall lawfully Act or Doe 
in Prosecution of y"" Premisses, This my Commission w'^'^ 
is to bee of fforce untill y" 13"' day of October, which shall 
bee in y'' 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 29"" day of June in y'' 23"^ yeare 
of his Ma"''^ Reigne, AnnoqJ DiTi 1671. 

Fran: Louelace. 

The Patents granted by his Hono*^ to M' 
Coffin & M"' Macy are Entred at large 
in y^ Create Booke of Records. N° 6. 



■^f^ff Lett^ from y'' Governor to y*' Governo'' of 

(Sec. state) New Plymouth on y'^ behalfe of M'' 

Thomas Mayhew. 
S^ 

LjulyJ M'' Thomas Mayhew of Martins Vineyard haveing been 
here w"' mee to pay his Acknowledgm'^; & to take out 
Patents of Confirmacon for y^ Lands hee enjoyes at Martins 
Vineyard & parts adjacent w'^n these his R: H^Territoryes; 
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 y" Indyans, soe farr as con- 
veniently it may bee done, for his Encouragem* in his auncient 
Dayes; Hee together w'*" his deceased Sonn haveing been 
Instrum'^ of doeing much Good by thier Instructions in 



[xviii] Collateral and Illustrative Documents 365 



bringing diverse of them to y'^ knowledge of y*" Christian Deeds 
ReHgion; w'''^ is worthey of great Commenda con; what (Sec. State) 
Civihty you shall doe him herein shall bee kindely acknow- 
ledged by [July J 

Yo^ affectionate humble Servant. 
Fran: Louelace 



M'' Mayhew's Instructions from y^ Governo' Deeds 

3: 71 
M'' Mayhew. (Sec State) 

Although by yo'' Geii''!' Commission you have strength V 1671 1 
& Authority sufficient to putt such Lawes & Rules in Exe- 
cucon as you shall conceive may best tend to y® Distri- 
bucon of Justice, & securing the Comon Rights & Interest 
of such as shall live under yo'' Governm', the keeping his 
Ma''^^ peace, together w"^ y'' preservacon of his Royall 
Highness Interest & Propriety in those parts, yet since that 
Commission may appeare to be too generall, I have thought 
fitt to p^'scribe to you some particular Instructions, w'^*' you 
are to make use of as Occasion shall serve. 

In y'^ first place, You are soe soon as you shall arrive, in 
some convenient time Cause a Generall Meeting to be 
summon'd of the Inhabitants (amongst w"^*" I would not 
have y^ chiefe of y° Indyans omitted) to whom you are to 
Declare y^ End of yo'' being w"' mee, & y'' Power I have 
invested you in, by causing your Commission to be read 
publiqUy, together w"' yo"^ Instructions. 

You are then to Consid'' & Appoint a sett time for y® 
Election of yo- Assistants, as likewise to consid^ of y*^ time 
when y" gen'" Co'^' shall be summon'd Of W"^"" yo" are to 
advertize & consult w"^ yo^ Neighbo'^ of Nantuckett. 

You are likewise to acquaint y" Inhabit''' y'' Priveledges 
I have graunted them by Enfranchizing them in a Towne 



366 Province of New York [xvm] 



Deeds Corporacon, To whom yo" may deliver their Chart^ Vpon 

(Sec. state) y'^ Receipt of w'"" They may proceed to y" Election of their 

r 1671 1 Magistrates as belongs to other Corporacons. 

L July J And in regard at this distance, & y^ unacquaintedness of 

the Inclinacons & Dispositions of y" Indyans, I cannot 

p''scribe you any Rules that may be most proper for them, 

I shall therefore recommend that Affaire wholly to yo^ 

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, w*^ true Submission to 

that Authority, w'^'^ now is sett over them. 

You are to cause some of y*" Principall Sachems to repaire 
(as speedily as They can) to mee, that soe They may pay 
their homage to his Ma''% & acknowledge his Royall H^ to 
bee their only Lord Proprietor 

You are to encourage and sett to worke y" 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 y*^ Collection of his Ma'""^ Customes, & all 
ffines bee duely observed, & you are to Assist upon all 
Occasions y"" Collecto'' of y*" Customes in y*^ 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 y" Oath of Allegiance to his 
Ma"'' at the Entrance into their Office. 

You are not to suffer any of yo"^ Indyans to Enter into a 



[xviiJ Collateral and Illustrative Documents 367 



Confederacy of Warre, w"' any other forraine Indyans, Deeds 
without advertising mee first w'^ it, & procuring my Per- (Sec. State) 
mission for it. [Francis Lovelace.l 

L July J 

The Answ' to M'' Mayhews Proposalls. ^^^<is 

(Sec. State) 
At a Councell held at Forte James in New 

Yorke, y" 7'*" day of July in y" 23*^ yeare of 

his Ma'"''^ Reigne, AnnoqJ Dili 167 1. 

Whereas M'' Thomas Mayhew of Martins or Martha's 1671 

. . July 7 

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 y^ Indyans; ffor an Encour- 

agemen' to him in prosecucon of that Designe, & in 

acknowledgm* of his Good Services, It is Ordered & Agreed 

upon That y^ said M"" Thomas Mayhew shall dureing his 

naturall Life bee Governo'' of y" Island called Martins or 

Marthas Vineyard both over y'" English Inhabitants & 

Indvans for y^ w'^'' hee shall have a Commission. 

That for Tryall & decision of all Differences of Debt or 
Damage to y^ vallue of ffive pounds. They shall have a Co^ 
in their Island, w'^'^ shall bee composed of y'^ Governo'' there, 
who shall have a double Vote, and three Assistants to be 
Elected annually by the Inhabitants of y" two Townes & 
Plantacons upon y*^ Island, from judgm' in any Case to y^ 
Sufne 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 y*" gerir" Court to be held by 
them & their Neighbours of Nantuckett, that is to say, by 
y^ Governor or Chiefe Magistrate of Martins Vineyard, & 
y^ first two Elected of y^ three Assistants aforemen coned, 



368 Province of New York [xv°iii] 



Deeds & by y'^Chiefe Magistrate of Nantuckett,& his two Assistants, 
(Sec. State) where it is recommended That M"' Thomas Mayhew doe 
p'^side & sitt as President dureing his Life (although y'^ Court 
July 7 bee held at Nantuckett[)] w**" priveledge of a double or 
Casting Voice, in regard of his great Experience & Reputa- 
con amongst them, but after his decease that y'^ Rules & 
Instructions, w''*' concerne both y" Islands be punctually 
followed & observed. 

That y^ first Gen!'" Court shall bee held upon y^ Island 
Martins Vineyard at some convenient time to bee agreed 
upon between them, & their Neighbo", w'*' is to be Trans- 
mitted hither, at w''*' time annually after Approbacon had 
thereof that Court is to be held for y" time to come according 
to y'^aforemen coned Instructions given to those of Nantuckett. 

That M'' Thomas Mayhew as Governo'' over y'' Indyans 
doe follow y'' same way and Course of quiet & peaceable 
Governm' amongst them as hitherto hee hath done, w'='' will 
tend to their mutuall Benefitt and Satisfaction, and by Degrees 
bring them to Submitt to, & acknov/ledge his Ma""^ Lawes 
EstabUsht by his Royall Highness in this Province. 

And Lastly That y*^ Governm' of y" Indyans in particular 

shall remaine in that State & Condicon as hitherto it hath 

done. 

By Ord"^ of y*^ Governo'' & 

Councell. 



Deeds Commission for M"' Thomas Mayhew to be Chiefe 

(Sec^. "state) Govemour of Martins ats Martha's Vineyard. 

1671 Francis Louelace Esq'' &c: Whereas I have conceived a 

good Opinion of y'^ Capacity & Integrity of MT Thomas 
Mayhew to be Governo': & Chiefe Magistrate of y"" Island 
Martins or Martha's Vineyard to manage publiq5 Affayres 



[xviii] Collateral and Illustrative Documents 369 



^th ye y\i£]^gj good Advicc of y'' Assistants to be chosen there, Deeds 

I have thought fitt to Nominate, Constitute, & Appoint (Sec. State) 

& by these p''sents doe hereby Nominate, Constitute, & 

Appoint, M"' Thomas Mayhew to be Governo'' & Chiefe July 8 

Magistrate of y'' said Island Martins or Martha's Vineyard 

dureing his naturall Life, in y'' managem' of w*^^ Employm' 

hee is to use his best Skill & Endeavor to p''serve his Ma*'^^ 

peace, & to keep y" Inhabitants in good Ord- And all Persons 

are hereby required to give to y*^ said M"' Thomas Mayhew^ 

such Respect & Obedience as belongs to a Person invested 

by Commission & Authority from his Royall Highness in 

y'' Office & Employm' of a Governo!' & Chiefe Magistrate 

in y^ Island afores"? And hee y'' said M"' Mayhew is duely 

to observe & obey such Orders & Instructions, w'^*' are 

already given forth for y'' well governing of y" Place, or such 

other Directions as from time to time hee shall receive from 

mee; And for whatsoever the said M'' Thomas Mayhew 

shall lawfully Act of Doe in prosecucon of y^ Premisses 

This my Commission shall bee his sufficient Warrant & 

Discharge. Given &c: this 8**^ day of July in y" 23*'' yeare 

of his Ma''" Reigne. Annocp Dili 1671. 

[Francis Lovelace.] 



Commission granted to M'' Matthew Mayhew Deeds 
to be CoUecto^ of y" Customes in & about r^^^l state) 
Martins Vineyard, w"' y'^ places adjacent. 

Francis Louelace Esq^&c: To all to whom these Presents 1671 
shall come sendeth Greeting. Whereas It is Ordered & 
appointed That his Ma""''^ Customes are to be paid for all 
Customable Goods, w''^ are or shall be imported into, or 
exported from these his Roy" Highness his Territoryes, from 
w'^'^ noe Place or Person within y'= Governm' hath y*" Privel- 
[24] 



37^ Province of New York [xvm] 



Deeds g^gg jq 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 y" 
July 8 Customes of all such Customable Goods as novv^ are or shall 
bee brought into y'^ Harbour at Martins Vineyard, or any 
other Creek or Place upon y*" Island, or Jurisdiction thereof; 
And y*" said Matthew Mayhew hath by this my Commission 
full power & Authority to doe, all lawfull Acts & Things 
relating & belonging unto y" said Employmt Hee following 
such Directions and Instructions for y° same as hee shall 
from time to time receive from mee, or from y" Chiefe Officer 
of y^ Customes of this place; to whom hee is to render a due 
Acco' of all Particulars relating to his Employmt And all 
Offic" upon that Island or parts & Places adjacent w'^in 
this Governm' are to bee ayding & assisting unto y'^ said 
Matthew Mayhew in y^ prosecucon of his Office, as they 
will answer y" contrary at their utmost perrills. Given under 
my Hand & Seale at fforte James in New Yorke this 8"* 
day of July in y'^ 23"' yeare of his Ma''" Reigne, Annoq5 Dm 
1 67 1. [Francis Lovelace.] 



^^tfi^ Lycence for M'' Thomas Mayhew to 

(Sec. State) purchase Land &c: 

Tuf^i2 Whereas M*" Thomas Mayhew Sen'^ & M'' 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 y" Lord Sterlings Agent, 
They made Purchase of y" Indyans, & hitherto have enjoyed 
y^ same, for y"^ w'^^, y" said M'' Thomas Mayhew Sen'', & 
Matthew y*" Sonn & Heyre of Thomas Mayhew Jun^ have 
now Patents of Confirmacon by Authority from his Royall 
Highness. And there being severall other parcells of Land 



[xviii] Collateral and Illustrative Documents 371 



upon y* said Island capable of Improvem', y^ w'^'' as yett Deeds 
have not been bought of y" Indyan Proprieto''^ soe lye wast (Sec. State) 
& unmanured; These Presents Certify & Declare, That I 
doe hereby give free Leave & Lycence unto M'' Thomas July 12 
Mayhew & M"' Matthew Mayhew his Grand childe in his 
Royall Highness his Name to Treat, Agree upon, & Con- 
clude w'^ y*" Indyan Proprieto" of y*^ said Land undisposed 
of, & upon y*^ Returne thereof unto mee, I shall bee ready 
to Graunt such Confirmacon as shall bee requisite. Given 
under my Hand & Seale at IForte James in New York y® 
12"' day of July in y'' 23*^ yeare of his Ma''" Reigne, Annocp 
Dm 1 67 1. [Francis Lovelace.] 



Licence to Purchase &c: granted unto M^ Deeds 
Richard & Cap' Jn? Gardner of (Sec. state) 
Nantuckett. 

Whereas M"^ 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 M"^ 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 M"^ 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 [xviij 



Deeds thereof, together with its Buttings and Boundings, the said 
(Sec. State) M^ Richard and Cap' John Gardner, and their Associates 



1673 



may have a Patent of Confirmation by Authority of his 
Apr. IS Royall Highness under the Seale of the Province. Given 
under my Hand & Seale at Fort James in New Yorke this 
15"' day of Aprill in the 25"' yeare of his Ma*'®^ Reigne, 
Annoq? Domini 1673. 

Fran: Lovelace 



Commission for M*^ Richi Gardner to bee 



Deeds 
3:87 
(Sec. State) Chiefe Magistrate of Nantuckett & 

Tuckanuckett. 



Anr i"? Francis Lovelace Esq% One of the Gentlemen of his 
Ma''''^ Hon^'*' Privy Chamber, & Governor Gen?" under his 
Royl' Highness James Duke of Yorke & Albany &c: of all 
his Territoryes in America; To M'' 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 M"" 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 Deeds 

3 'O? 

Ma*'.*^ Peace & to keep the Inhabitants in good Order. And (Sec. State) 
all persons are hereby required to give the said M'' Richard 
Gardner such respect & Obedience as belongs to a person Apr. 15 
invested by Commission & Authority of his Royal! Highness 
in the place and employment of a Chiefe Magistrate in the 
Islands aforesaid. And hee the said M"" 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 M"' 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 Scale of the Province at Fort 
James in New Yorke this 15"' day of Aprill in the 25'*^ yeare 
of his Ma'!" Reigne, Annoq^ Domini 1673. 

Fran: Lovelace 



Commission for Capt John Gardner of the Island Deeds 

' "^ 3 : 88 

of Nantuckett to bee Cap' of the Foot Company (Sec. State) 



th 



ere. 



Francis Lovelace Esq^ &c: Governor Gen?" under his 1673 

Apr IS 
Royall H' James Duke of Yorke & Albany &c: of all his 

Territoryes in America. 

To Cap' John Gardner of y^ Island Nantuckett. 

Whereas You are one of the two persons returned unto 
mee by the Inhab?^ of your Island, to bee the Chiefe Military 
Officer there, having conceiv'd a good Opinion of your fitt- 



374 Province of New York [xrai] 



^^88^ 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 MiHtary 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 Arm.es; 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 Seale at Fort James in 
New Yorke this 15''' day of Aprill in the 25'^ yeare of his 
Ma'""^ Reigne Annoq"? Domini 1673. 

Fran: Lovelace 



Deeds Nantuckett Affayres, 

3:85 
(Sec St&te) 

Additional Instructions & Directions for the 

Government of the Island Nantuckett sent 

by Mr Richard & Cap* ]n° Gardner Aprill 

y^ 18"; 1673. 

1673 Inprimis, That in regard y" Towne upon y^ 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 



[xviii] Collateral and Illustrative Documents 375 



ones Clayme or Interest shall beare Date from the first Deeds 
divulging of the Patent granted to the Inhabitants by Au-(Sec. State) 
thority of his Royal! 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, & y" uncertainty of Conveyance betwixt 
that & this Place, y" chiefe Magistrate & all the Civill 
Offic^^ shall continue in their Employm''^ untill the Returne 
of the Governo'' 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 y" Expiration of his Employ- 
ment, the Assistants for the time being shall manage, & carry 
on y*^ Affayres of the Publick untill the time of the new 
Election, & y" Governo'^'' Return & Approbation of a new 
Magistrate in his stead. 

That the Chiefe Military Officer shall continue in his 
Employm' during the Governo'^ Pleasure, and that bee 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 OfficT 
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 y" Generall Co" to bee held in y'' Island 
Nantuckett or Martins Vineyard is but once in the yeare, 
where all Causes or Actions are tryable without Appeale 
to y" 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 



37^ Province of New York [xviij 



Deeds Occasion of Error in y^ Proceedings there bee Cause of 

(Sec. State) Complaint from y"^ Ordinary Court unto the Generall Court, 

or from the Geri^" Court to the Court of Assizes. 
1673 

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 y^ 25^'' yeare of his Ma^'*'^ Reigne. 

[Francis Lovelace.] 



^^^g^ A Letter from the Secretary to y" Inhabit'^ 

(Sec. State) of Nantuckett. 



1673 Gent. 

Apr. 24 



New Yorke Apr: y^ 24''' 1673. 



By the Governor^' Ord" I am to acquaint you, That hee 
receiv'd your Letter (bearing Date the 3' day of April! about 
3 weeks since, by the hands of M"" Richard Gardner together 
with eight Barrells of ffish for two yeares Acknowledgment, 
and a Token of fifty weight of ffeathers, 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 M' 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 M"" Richard and Cap' John Gardner: That is, M"" 
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- 
tional! Instructions and Directions to Communicate to you; 



[mx] Collateral and Illustrative Documents 377 



most of which were proposed by those two ffriends you sent, Deeds 
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. 24 
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 Proposalls to make for the Good of yo^ 
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. 

Herry (^nV1£) 

Yo'' Letter of y'' 5"^ Instant I answered, since, which I 
received another of 17"^ ditto, I thanke you for yo'' frequent jJiy 25 
letters, I approue very well of yo'' advancing the peace with 
y^ Indyans: Though I must confesse it had beene better, 
had the appearance of yo"^ 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 [^ 



O. w. L. of that side of Hudsons River and there being so great a 
2:482 . . 

(NYSL) Correspondence with them of the Esopus, Cuttskill &c that 

hee that attach the one must neede iniure the other, since 
1669 ... ^ 

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 M'^Winthrop 
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[''] 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 y" 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 y^ Washmakers Land, I shall not 
dispose it, till I heare out of England Pray proceed vigor- 
ously toward the settlem' of yo"' 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 y^ better, Comend mee to the Magistrates there and 
the Rest and beleeue mee to bee 

Yo"' Loving freind 
Fran: Lovelace 
Fort James the 25*^ 
day of July 1669. 



O- ^•^- [Lovelace to the Magistrates at Albany.] 



(NYSL) 



Gentlemen 



1669 My last to you was about the letting out the great Pacht 

or Tappers Excise for y'' yeare ensueing for the w'='' I therein 



[xix] Collateral and Illustrative Documents 379 



gaue you some Instructions I then also required you, that ^\^-^- 
the double Excise for liquo"^"* goring up to Albany is taken (NYSL) 
oflF, 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 yo'' best Endeavo" for 
y*^ Promoting of it to effect. I haue given an ace' of all yo'' 
proceedings about it to the Macquaes part unto M"^ 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 y" conclusion of the peace whether if in this City 
or not. 

I am informed that the Macquaes haue made a peace with 
y" Esopus Kattskill and other Indyans adiacent but haue 
excluded the Poppingoes [stc] 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 
Governo"^ Winthrop You shall heare further from mee con- 
cerning this matter in the meane time yo"^ Care and prudence 
in the management of Affaires with y"^ Macquaes will bee 
very acceptable to 

Yo'' affectionate freind 

Fran: Lovelace 
New Yorke this 26"* 

of July 1669. 



[Lovelace to the Magistrates at Albany.] C. A. 



(NYSL) 
I haue Rec"? yo''.^ of y^ 5"? Instant w'!' some further propo- „^^^' 



Gentlemen 
I haue K 
sitions from y"; Maques Indians whereto I can at present 



38o 



Province of New York 



c. A. 

2:424 

(NYSL) 

1669 
Oct. 13 



say little or nothing untill Governour Winthrop retorne w'^t' 
is dayly expected but that I am glad they continue in so 
Calme &: peacable myndes notwithstanding their last victory. 
I haue also an Account from yo" of y*^ Election of yo"^ Comis- 
saryes, And doe approue of Capt" Philip Pieter Schuyler 
for Albany in y" place of M'' Jacob de Hinse, & of Pieter 
Meenssen in y'^ stead of Jan Thomas for Renzlaerswijck, 
w"^!' is all at p''sent from 

Yo^ very Loving freind 

[Francis Lovelace.] 
fFort James in New Yorke 

this 13*'' day of October. 

1669. 



C. A. 

2:426 

(NYSL) 



1669 
Oct. 27 



The Governo''? Lre to y^ Schout & 
Comissaryes at Albany.' 
Gentlemen 

The Governor hath receiued y"" Propositions yo" sent 
from y'' Matucander Indians a Copy whereof he doth intend 
to transmitt to Gouernour Winthrop from whome he dayly 
Expects a retorne of all y'^ former papers of wS*" 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 y'^ Souldiers in their provision of firewood against 
winter w*^'' is all at p''sent from 

Yo'' very Loving freind 

Matthias NicoUs 
Octob' 27'.'' 1669. 



To y^ Schout & Comissaryes at Albany. 



'The original heading, as is evident, is erroneous; but Nicolls wrote in his 
secretarial capacity for Lovelace. 



[xix] Collateral and Illustrative Documents 381 



The Gouerno'^^ Lre to Governor Winthrop C. A. 

'^ 2:44s 
Deare S' (NYSL) 

I am heartily sorry so sad an Occasion as y"" Indisposicon j^g^ 
of yo^ wife obstructed yo^ retorne to yo^ house but am as ^"- 29 
well pleased at her recovery & thereby y'' 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) y* 
Earnest desire of y" Macqueses to conclude a firme peace 
■yyth ye Mahicands what overtures (of this nature they haue 
made before) I cannot be inform'd 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 y" Experience of their Actings formerly you can 
best giue a Judgm^ of y'' Event, to be briefe (if it can be 
accomplis'ht) I doubt not but it will very much tend to y^ 
good of all Xpians in their tranquility & to y" Advancem' of 
Trade (y" 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 y*" Progresse will be 
very slow if it be manag'd by Letters there will be therefore 
a necessity of an Intercourse w^!' I shall attend when I know 
from yo" y'^ Tyme & place. For those Exceptions yo" inferre 
of y^ tyme & place & Jelousy y'^ Mahicanders Conceiue of y" 
Maquesyes by reason of some former misactings y^ others 
use y*^ 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 y" world, I beleeue 
I can resolue yo^ doubt concerning what is meant by y*^ high 
Land Indians amongst us y" Wappingoes & Wickerskeck 
&c haue alwayes beene reckoned so And for those I dare 



382 Province of New York \?i\] 



9" ^' respond to haue them included In y^ Gen"^!' peace thus yo" 
(NYSL) see how that affaires now stand, & though y*" ChurHshnesse 
of y^ weather will not suffer us to Acte any further (y^ well 
Dec. 29 wishes towards it) Yett as soone as y" wayes be passable I 
shall be glad to giue yo" a meeting that so we may considT 
y'^ 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 

Yo'' most affectionate 
humble servant 
Fran Louelace. 
Fort James Decemb"' 29**" . 1669. 

I know not if that Letter miscarryed wherein I enclosed 
my Grattitude for yo'' noble p''sent w*^'^ if [it] did for y'^ p'"sent 
pray accept of this w"^ an assurance when any thing p''sents 
itselfe worthy of yo" I shall then fynde a way to direct it 
to yo"; 

The Postscript. 

I giue yo" hearty thanks for yo*" news as likewise that 
book of y'^ Relation of Mount iEtna though that ariv'd to 
my hands by M^ Delavall in recompence of w''^ tliis day I 
receiued Lres both from England & Holland Those from 
England wryte of y" Certainty of y^ Death of y" Queene 
Mother for w*".'' y" whole Court is in mourning & are like 
to Continue till Easter y*" Duke of Buckgingham is made 
Lord High Steward of Oxford y'^^ Duke of Ormond Chancellor 
of Oxfourd y'= L'! Roberts is gone for Ireland in y'^ quallity 
of Lord Lieueten' of it Mr Henry Howard is well rec'! at 
ffosse by Taffeletta & his negotiation like to succeed Accord- 
ing to desires. 



[&] Collateral and Illustrative Documents 383 

The Gouernor" Lre to y'' Comissaryes at ^; *• 
Albany. (nVsl) 

Fort James in New Yorke this 
24'^ day of January 1669. 
Gentlemen 

I Receiued yoT Lettr of y^ 8?'^ of January by y^ Indian, by f^^/l° 
w?*" I understand of yo^ health & welfare w?'' to me was a 
most welcome New Yeares guift, & as it hath beene my sole 
Consideration yo'' peace & happinesse so y*" continuance of it 
shall be my chiefest study, I am glad all y" Indians are so 
well disposed as to Imploy themselues to y'^ Beauer hunting, 
I doubt not but yo" will receiue y'= good effects of it by yo^ 
next yeares handling by w^*^ tyme I am in greate hopes to 
Constitute a firme peace w'"^ y'' Indians now in Hostility 
wt"^ each othT & am sorry I haue hitherto brought it to no 
greater perfection but must w^'all assure yo" y" fault lay 
not in y** least on my parte in regard M^ Winthrop who 
gouernes those Indians (by an Accident of y*" indisposition 
of his wife) has beene absent from his Gouernem' all this 
suirier & Retorn'd not till y'^ Churlishness of y*" wint'' forbad 
all manner of Intercourse, In y" springe I am resolued to 
proceed in y*" worke of making a Gen^" peace. To w^*^ end 
I haue already made some p''peration thereunto w?'' I 
beseech God to blesse. It tending so much to y^ 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 y" Interim I must recofnend it to yo^ prudent 
managem' till I haue y^ fauour to see yo" w':'' I purpose 
this suirier In y" meane tyme I recomend yo"! to y'= pro- 
tection of him who is able to stand by yo" in all Extremityes 
w?*^ God I beseech to blesse & guide yo" & him who is 

Yo^ assured freind 

Fran Louelace. 



384 Province of New York [i^±] 



C. A. The Governo" Lett^ to Capt" Louelace. 

(HYSL) Broth' 
1670 I Rec'! yo'^ of y'' 2"? of Aprill 1670 by Jaques Cortelijau 

& haue not since had an oppertunity to retorne you an 
answer, neither was I much soHcitous 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, 
& M^ Delavalls occasion likewise calling him thith^ I am 
uery willing yo" should accompany him, & y^ rather in regard 
some Publique affaires will occurr w?'^ will require y*" Assist- 
ance of some Commission" for their dispatch. You are there- 
fore to assist M^ Delavall in y'^ Execution of such things as 
shall tend to y^ good & welfare of those partes & likewise 
if any priuate businesse shall fall und^ yo- consideration, to 
determyn it as shall be agreeable to Justice & y^ satisfaccon 
of y" oppressed amongst w':*' here haueing beene a Complaint 
exhibited against Capt" Baker by Jochem y'= Baker & finde- 
ing it not onely difficult but too tedious to decide y^ Con- 
trouersy here, I haue thought it good to transferr y" matt^ 
to y'^ Magistrates at Albany togeth' w?'' M^ Delavall & yo^ 
selfe as Comission'^'' who by this are as fully declared to be 
& Acte as Commission" as if authorized by y^ formality of 
a Comission, I know yo" will be vigilant to haue an inspec- 
tion into all matters that shall relate to y"" Publique both as 
to y'' Garrison & Civill affayres y^ Account whereof I shall 
expect from you both not doubting but that yo" will com- 
port yo'^ selfe w'" such prudence & moderation as shall tend 
to y^ firme Estabhshmt of y* Publique interest there & giue 
me an occasion to subscribe i ■' selfe 

Yo^ affectionate brother 

Fran: Louelace 
Fort James 11?'' of 
Aprill 1670. 



Collateral and Illustrative Documents 385 



Instructions for M'' Thomas Delavall & ^- ^■ 

2:490 

Capt" Dudly Lovelace at their Arivall (NYSL 
to Albany. 

1. That they show M'' Winthrops Lett^ to me to y^ [Apr!°ii] 
Magistrates there & consult what is best to be done to y'' 
Accomplishm' of a peace betweene y* Maquases and North 
Indians. 

2. To see what Condition y* Garrison is & to Contrive 
a way for y'' reperation of y^ ffort 

3. To state y" Souldiers Accounts & informe me what is 
due to them that so they may be supplyed 

4. To see in what reperations y" Confiscated houses are 
& (if an advantagious proffer happens) to contract for y* 
sale of them 

5. To see how y" Excise is paid & what is in Arrears & 
to farme it anew for y^ yeare ensueing. 

6. To Examyne into M'^ Renslaers Rent of Come & what 
he is behynde & to speed hither as likewise to put it in a 
certaine method. 

7. To acquaint y'' Magistrates that I look upon that 
Church & Ministry as the Parochiall Church of Albany (for 
so it was found Establis'ht by my p'"decesso^ & myselfe) & 
leaue y" supportation of it to y^ discretion of y" 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 y^ Inhabitants of 
that place be likewise lymitted as to their Trade w"' y' 
Indians 

[25] 



386 Province of New York [g-j] 



^- *• 9. To inquire if it were not more advantagious to y" 

(NVSL) Towne of Albany to haue anothr house for y" Indians at y^ 
Entrance of y'= Towne below y*^ Hill that so y'= Inhabitants 
may haue an Equall benefitt of y*^ Trade as well those that 
are below as those aboue 

10. To prosecute y"" designe of raysing a Troop of horse 
there of y^ w?*" I recomend Mr Renslaer to be Capt" 



r 1670 ] 

LApr. iij 



ffrancis Louelace Esq*" &c. To Silvester 



Col. MSSw 
22: 104 
(NYSL) Salisbury Lieu'. 

July 13 ^y vertue of y^ Comission & authority vnto me given by 
his R. H= 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 Coiriand & Cofriander in Cheife of the Garrison at 
Albany, You are to take into yo'' Charge & Care the s'^ 
Garrison under mee & duly to exercise both yo"^ Inferio'' 
offic", & souldy''^ in armes, & to vse yo"^ best Care, skill & 
Endeavo", to keepe them in goo[d] order & discipline, 
Hereby requiring all Inferior Offic''' & souldyers (under yo*" 
Cofnand) 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 yo'' Superio"' 
Offic^^ according to y" discipline of Warre, Given under my 
hand & seal at ffort James in New Yorke this 13"' day of 
July 1670 

[Francis Lovelace.] 

An Ensignes Coinission to C. D. Lovelace* 
— same date. 

'Captain Dudley Lovelace. 



See Analytical Index 
Vol. III. 



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